Consider trying to settle. If you disagree with the final administrative decision, you can appeal your case to Superior Court. The appeal is a Petition for Review of an Administrative Order.
This explains when and how to petition the Superior Court for review. It is not easy. Do not get discouraged. You may need to read this several times or ask someone about it. The laws on petitions for judicial review are at RCW You must first finish the administrative appeals process.
If you do not, the Superior Court cannot hear your case. This is confusing, but very important. Read Representing Yourself at an Administrative Hearing. You must file and serve a Petition for Review within 30 days of the final administrative order. The 30 days starts from the date on the decision, not the date you got it. Below we explain:. Generally, you can only raise issues and arguments in your petition that you raised at the hearing.
There are a few exceptions, including:. For more about raising new issues, see RCW Only in a very few cases. Generally, the judge reviews only testimony and documents filed in the administrative process.
You can sometimes add new facts you could not have discovered earlier, or facts the judge, DSHS or HCA improperly kept out of the record. See RCW RCW You must be able to prove your case. The court will change the decision for limited reasons only. In the caption, you must check the box showing if you must pay a filing fee in this case. That number is on the upper right-hand side of the first page of the order.
A statement that you have timely filed the petition with the proper court, have exhausted the administrative remedies, and are aggrieved by the decision you are appealing. The form in this packet already says this. Why you think the decision is wrong. Use the blank lines on the form. What you want the court to do. You do not need to go into detail here. You will have a chance to go into more detail brief the issues later. Attach a copy of it to the Petition.
File the original with the Superior Court Clerk. You may file in your own county or Thurston County. The Clerk will stamp it with a number. Put that number on the three copies, too. A petition can be filed by any person, be it an individual or an organisation. A petition represents the interests of the public at large, an organisation, or a subsection of the public.
The petition can challenge a law framed by the Parliament on various legal grounds. The courts, however, have the right to either accept the petition and fix a date for a hearing or reject the petition. Products IT. About us Help Center. Log In Where do you want to login? Sign Up. Income Tax Filing. Expert Assisted Services. Tax Saving. You will need to allege certain things in your petition in order to meet the basic requirements of the court where you are filing your court case.
The information required in your petition will depend on the type of court case you are trying to file. Basically, you need to explain the reason you are filing, what you would like to see happen the relief you are requesting and provide specific examples of what occurred that makes you think the judge should give you what you are asking for. In some cases, there will be additional requirements that you will need to meet so you should be sure to review the form carefully and complete all of the sections.
For example, in a case to modify an existing custody order, you might have to include information about a change of circumstances that has happened since the original order was issued. Most states have sample petition forms that you can fill in online. If your state does not have forms available online, you may be able to get the forms by asking the court clerk in the courthouse where you want to file your petition. Some courthouses may even have a staff person who is available to help draft petitions.
Contact your local clerk of court for more information. After you file your paperwork and open a case, you must notify the other party. This is the official way to tell the other party the Respondent that something is happening to them in court and any scheduled hearings. Forms for service of process are located in the Subpoenas Forms section of the Family Law Forms page , along with more detailed instructions and information regarding service.
Contact your local clerk of court to find out how to do this in your location. The Respondent is called the respondent because he or she is expected to respond to the petition. The Respondent remains the respondent throughout the case. After receiving the Petition, the Respondent may file his or her document to explain their side of the story. This document is called an answer. An answer is a written response by the respondent that states whether he or she admits agrees with or denies disagrees with the claims in the petition.
Any claims not specifically denied are considered to be admitted. A counterpetition is a written request to the court for legal action, which is filed by a respondent after being served with a petition. The Respondent may also file a document called a counterpetition if he or she has claims against the Petitioner. If the Respondent does not file a response to a petition an answer , you the Petitioner can still move forward with your case — even if the other party will not cooperate.
This failure to respond may allow the court to decide the case without input from the party who did not appear or respond.
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