LawLibGuides: Appellate Practice in Washington: Secondary Sources and Practice Materials

Appellate Practice Generally

Washington Appellate Practice Deskbook by Washington State Bar Association
Call Number: LAW-Reserve KFW584.W37
ISBN: 0881293121
Rules Practice
Call Number: LAW-Reserve KFW80.W32

Volumes 2 and 3, Rules Practice of the Washington Practice series, by Lewis H. Orland and Karl B. Tegland, contains Author's Comments on the Rules of Appellate Procedure as well as Task Force Comments. Also included are cases interpreting the rules (including pre-RAP cases, noted as such). The format is based on the court rules so some appellate issues that do not fall within particular rules may be difficult to find coverage of. Volume 3 contains an Appendix of Forms.

Federal Appellate Practice, Ninth Circuit by Ulrich, Kessler, & Anger, P.C.
Call Number: LAW-Reserve KF9054 9th F43
This is a two volume practice guide discusses appellate procedure before the Ninth Circuit (the federal circuit in which Washington is located). The volumes are written by practicing lawyers and updated with pocket parts.

Briefs and Oral Argument

Washington Supreme Court Briefs and Washington Court of Appeal Briefs are held by the Law Library. Most of the historical briefs are on microfiche or microfilm and are kept in the Micromedia Room. The briefs are arranged by citation (Washington Reports and Washington Appellate Reports cite). A few cases are missing but the collection is fairly comprehensive. The arguments and authorities cited in briefs may be useful in making arguments on similar issues. Ask at the Circulation Desk or Reference Desk if you need assistance in finding them. More recent briefs are available on the Washington Courts website. The Law Library also has several years of Ninth Circuit Briefs on microfiche. The Gallagher Law Library at the University of Washington has a more comprehensive collection in hard copy. An increasing number of briefs are becoming available on Westlaw and Lexis.

An article by Justice Talmadge, Making Your Argument More Appealing. 51 Wash. St. B. News 21 (1997), is also useful in preparing for oral argument.

Oral arguments made to the Washington Supreme Court are broadcast live on the Internet by TVW (Washington State's Public Affairs Network). The arguments are kept online so that they can be heard after the original broadcast too.

The Art of Appellate Brief-Writing and Oral Advocacy in Washington by Catherine Wright Smith, ed.
Call Number: LAW-Reserve KFW48.9.A78
ISBN: 088129280X
This text is specific to the Washington courts. Many of the authors are the same as those of the Washington Appellate Practice Deskbook. Because of this, it is more of a condensed version of that resource rather than one offering alternative techniques and viewpoints.
Briefing and Arguing Federal Appeals by Frederick Wiener
Call Number: LAW-4th Floor KF9050.W5
This is a standard work on appellate advocacy. Although it was published over 40 years ago, it is still a favorite among appellate attorneys. It is not Washington specific but much of the information applies to the state courts as well as to federal courts.
Brief Writing & Oral Argument by Edward D. Re and Joseph R. Re
Call Number: LAW-Reserve KF251.R4
ISBN: 0379215330
This text is now in its ninth edition. That fact alone attests to its popularity and usefulness.

Finding Additional Resources

Supplementary resources in the library's collection can be located by using the Law Library Catalog of print and non-print resources. The Catalog Help page will show you how to use the catalog to your best advantage. Using Library of Congress subject headings will help you get an overview of the materials available. Some suggested headings are:

Catalog Help
Primo
Search the collections of the Law, Lemieux, and Summit libraries.
Oral Pleading
Catalog subject heading