The 30-day rule (RAP 5.2(a))
Rule of Appellate Procedure 5.2(a) sets the basic deadline. It reads in part: a party seeking review must file a Notice of Appeal "in the trial court within 30 days after the entry of the decision" they want reviewed. For final orders in family court (parenting plans, child support orders, dissolution decrees, and the orders that follow them) that 30-day window is the firm outer limit.
The clock starts on the day the judge signs the order. That's the trigger event. It does not start on:
- The day you received the order in the mail
- The day your attorney emailed it to you
- The day it was filed with the court clerk
- The day the order took effect
It starts on the signing date. You'll find it next to the judge's signature on the last page, sometimes also stamped on the first page. If you're not sure, look at the court docket; the entry date is shown right next to the document title.
What date the clock actually starts
This is the single most-misunderstood piece of WA appeal procedure. Let's break down each candidate date and what the rule actually says about it.
The signing date
This is the start date. The day the trial judge or commissioner signed the final order. It will be written in the order itself, usually right next to or just below the signature block.
The filing date
The order is "entered" when the clerk files it with the court. In King County and most WA counties, this happens the same day the judge signs, or within a day or two. Use the signing date. It's safer because it's the earlier of the two.
The mailing date
If the order is mailed to you (rather than handed to you in court), do not count from the postmark or the date you received it. The clock has been running. Open the envelope, look at the signing date on the order, and count from there.
The "presentment" date
In some cases, especially when the parties argue about the form of the order, the judge announces a ruling and asks the parties to draft a written order to present later. The presentment hearing is when the judge actually signs. Until then, there is no signed order to appeal. The 30-day clock starts at presentment, not at the original ruling.
What kinds of orders are appealable
Not every order in your family court case can be appealed under the 30-day window. There's a difference between final orders (appealable as of right) and interlocutory orders (generally not appealable until the case is over).
The orders you can appeal under RAP 2.2(a) include:
- Final dissolution decree (the divorce judgment)
- Final parenting plan
- Final child support order
- Order on petition to modify (granting or denying)
- Order on petition to relocate with children
- Final orders on contempt (in most circumstances)
- Orders dismissing a case with prejudice
Orders that are usually not appealable on their own (you have to wait until the case is fully done):
- Temporary orders during a pending case
- Discovery rulings
- Orders setting trial dates
- Orders denying continuances
- Most orders on motions in limine
For these, you can sometimes seek "discretionary review", but that's a different procedure with different deadlines, and it's much harder to get accepted.
What does NOT extend the deadline
Several things parents commonly believe will pause the appeal clock do not. Knowing these in advance saves a lot of heartbreak.
Filing a motion for reconsideration does NOT extend the appeal deadline by default
Under WA's family court rules, a motion for reconsideration must be filed within 10 days of the order. If you file it in time, it does pause the appeal clock until the trial court rules. But if you file it late, or don't file it at all, the appeal clock keeps running. Don't assume that filing a reconsideration motion buys you time. It might. It might not.
Settlement discussions do not pause the deadline
If the other parent has been suggesting maybe they'll change something, or if you're in mediation, the clock keeps running. Get your Notice of Appeal in by day 30 regardless. You can dismiss the appeal later if a settlement comes through.
Hiring a new attorney does not pause the deadline
Switching counsel, getting consultations, deciding whether you can afford appellate counsel; all happens on the clock. Many parents lose their appeal right by spending two weeks shopping for an attorney and then discovering no one can take the case in the remaining 16 days.
Court holidays do not actually extend the deadline (usually)
Under CR 6 and the appellate rules, if the deadline lands on a Saturday, Sunday, or court holiday, the deadline rolls forward to the next court day. But that's a one-day adjustment. Don't bank on it. Aim to file by day 25 to give yourself a buffer.
The four ways the deadline can be extended
The 30-day rule has narrow exceptions. None of them are easy to meet. But for completeness, here's the full list.
1. Timely motion for reconsideration (CR 59)
If you file a motion for reconsideration within 10 days of the order, the appeal clock pauses until the trial court rules on that motion. When the reconsideration motion is denied (or granted in part), the 30-day appeal clock starts running on the date of that ruling. This is the most reliable way to extend the deadline, but it requires acting fast in the first 10 days.
2. Cross-appeal triggered by the other party's appeal
If the other party files an appeal first, you have an extra 14 days from the date you were served with their Notice of Appeal to file a cross-appeal, even if your own original 30 days have already expired.
3. CR 60(b) motion to vacate (separate from appeal)
This isn't really an extension of the appeal deadline; it's a different procedure altogether. CR 60(b) allows you to ask the trial court to vacate (cancel) the order based on newly discovered evidence, fraud, mistake, or other narrow grounds. The deadline for CR 60(b) motions varies depending on the ground, but the most common ones (newly discovered evidence, fraud) require filing within one year. This is not an appeal; it's a do-over request to the same trial judge.
4. RAP 18.8(b) motion to extend the time for appeal
The Court of Appeals can extend the appeal deadline under RAP 18.8(b), but only for "extraordinary circumstances." Typical examples that have worked: serious illness or hospitalization that prevented filing, attorney misconduct, administrative errors at the court that prevented filing. Examples that have not worked: not knowing about the deadline, being too busy, not understanding the rules, the order being late in the mail, opposing counsel "agreeing" to let you file late.
What to do if you've already missed it
If your 30 days are gone and the order is final, here are your options in order of viability.
Option 1: Check whether you actually missed it
Read your order carefully. The signing date matters, not the date you got it. Count carefully. Some parents discover they have a few days left that they didn't think they had.
Option 2: File a CR 60(b) motion if you have grounds
If you discovered new evidence after the order, or if there's evidence of fraud by the other party, or if there was a clear procedural error, you can ask the trial court to vacate. This is a separate procedural track from appeal, with different rules and standards. It's harder to win than an appeal, but the door is open longer (up to one year for most CR 60(b)(1)-(3) grounds).
Option 3: File a RAP 18.8(b) motion for extension
If you have genuinely extraordinary circumstances (serious illness, attorney malpractice, court error), you can file a motion in the Court of Appeals asking for permission to file a late Notice of Appeal. The bar is high. Most are denied.
Option 4: Modify rather than appeal
If your real problem is that circumstances have changed since the order was entered, a modification petition might give you a faster remedy than an appeal would have. Modifications require showing a "substantial change in circumstances since the last order." If something genuinely changed, this is often a more effective path than fighting about whether the original order was right.
How to file the Notice of Appeal
The Notice of Appeal is a one-page document. Most pro se parents are surprised by how simple it looks. The complexity is in what it triggers, not in the form itself.
What goes in the Notice of Appeal
- Court caption (the case name and number from your trial court case)
- A statement that the party named is appealing
- Identification of the order being appealed (with the date it was entered)
- The court being appealed to (Division I, II, or III of the Court of Appeals based on county)
- Filing fee or motion to waive fees
- Designation of the record
Where to file
The Notice of Appeal is filed in the trial court, the court where your case has been pending, not in the Court of Appeals directly. The trial court clerk forwards it. The fee is $250 (waivable for indigent parties).
What the Notice of Appeal triggers
Once filed, the Notice of Appeal kicks off a long set of procedural steps that lead to the appellate brief. You'll have approximately:
- 30 days to designate the record (which trial court documents and transcripts go up on appeal)
- ~90 to 120 days until your Opening Brief is due (varies based on record completion)
- 30 days for the other side to file a Response Brief
- 14 days for your Reply Brief
- ~6 to 12 months until the Court of Appeals issues a decision
Most appeals take 12 to 18 months from start to finish. The Notice of Appeal is just the first procedural step.
What it costs and what comes after
Court filing fees
The Notice of Appeal filing fee is $250 in the trial court, plus another $250 in the Court of Appeals. If you can't afford the fees, both courts allow waiver applications based on financial hardship.
Record costs
You'll need to designate which trial court documents go up on appeal. You'll also need to order trial transcripts from any hearings you want considered. Transcript costs vary based on hearing length, but a typical multi-day trial transcript runs $1,000 to $3,000.
Brief preparation
The Opening Brief is the document that wins or loses appeals. It must follow RAP 10.3 formatting (length limits, structure, citation format) exactly or risk being struck. Most pro se appellants either hire an appellate-specialist attorney ($5,000 to $15,000) or use a document-prep service like ours.
Working with us
We don't represent you in court; we're not a law firm. What we do is prepare the documents that have to be exactly right under the appellate rules. Our most common appeals services:
- Notice of Appeal + Record Designation - $895, 5 business days
- Opening Brief preparation - $3,950, 4 weeks
- Notice + Opening Brief bundle - $4,395 (save $450)
- Full Fight Bundle (consultation, notice, opening brief, reply brief) - $6,150
Key takeaways
- The deadline is 30 days from the signing date, not the date you received the order
- Filing a motion for reconsideration in the first 10 days is the most reliable way to pause the clock
- Settlement talks, attorney shopping, and being unfamiliar with the rules do not extend the deadline
- If you've missed it, CR 60(b) and RAP 18.8(b) are narrow paths, not safe nets
- The Notice of Appeal is short; the real work is the Opening Brief, due 90+ days later
- If you're still in the window, file first and figure out strategy second
This guide is general information about how WA appeal deadlines work. It is not legal advice for your specific situation. If your case has unusual circumstances (emergency stays, multiple consolidated appeals, federal constitutional issues, attorney misconduct), talk to an appellate attorney before relying on anything written here.