How Washington Publishes Court of Appeals Decisions
Not every opinion issued by the Washington State Court of Appeals becomes legal precedent. The process is governed by RCW 2.06.040, which determines whether a ruling will be published and cited in future cases.
What Does RCW 2.06.040 Say?
Under this statute, court decisions are published if they:
- Establish a new legal rule
- Clarify or modify existing law
- Involve matters of public interest
- Provide guidance likely to be cited again
The rule helps filter which decisions become part of Washington’s binding legal authority.
The Role of Unpublished Opinions
Not all rulings qualify. Unpublished opinions are typically not binding and should not be cited in Washington courts unless an exception applies under GR 14.1.
These opinions may still offer insight, but they lack precedential weight.
How Decisions Are Made
Panels of three appellate judges handle each case. The panel reviews whether the decision merits publication. If so, it is included in official court reports.
This structure ensures consistency and fairness in shaping Washington law.
Why It Matters
For lawyers and clients alike, knowing whether a decision is published or unpublished influences case strategy. Binding precedent shapes how future cases are argued and decided.
Whether you’re researching an issue or pursuing an appeal, understanding RCW 2.06.040 is essential.
Need Help With Washington Appellate Law?
If you’re unsure whether a decision is binding under RCW 2.06.040 court decisions, contact Blanford Law. Our team provides experienced appellate guidance and helps clients navigate legal precedent.
Review our client resources here
Contact us anytime for your urgent legal needs.
About Blanford Law:
We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions. If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com
