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Brief Bank

Brief Bank Information

WDA has created a brief bank for use by its members and those engaged in indigent defense in Washington State. This bank was created by the resource attorneys, who have either written these motions or received them from other practicing attorneys. If you have a motion that you would like to contribute to this bank, please contact the resource attorneys, who will then update and publish it to the bank.

AOC Brief Bank

The Administrative Office of the Courts (AOC) maintains a brief bank that is based upon the briefs filed for indigent appeals in the Washington State Courts of Appeal and Washington State Supreme Court in the last ten or more years. Follow this link to their website.

As with all resources, WDA staff does its best to keep the brief bank updated but it is your obligation to make sure that the caselaw is still current.

Below are the most recently updated documents and links in all brief bank subcategories.

WA Supreme Court Order In re the Matter of the Statewide Courts in Response to COVID 19 (3.18.20)

This March 18, 2020 Order by the WA Supreme Court directs courts statewide to take measures to follow guidelines of the CDC and to reduce the impact of the spread of COVID 19.

Motion for Release- COVID 19- Courts of Limited Jurisdiction

Superior Court Motion for Pretrial Release (COVID 19)(3.2020)

This sample Motion for Pretrial Release based on the risks and hazards posed by the COVID 19 virus. this motion also reminds the court that releases is presumed, the court must consider important individual factors that support re...

Court Cannot Revoke Probation Based on Traffic Infractions- by Daetan Huck

Confidential Informant Did Not Have Basis of Knowledge Necessary Under Agular-Spinelli

Defense Motion to Continue (General) (1.13.2020)

This sample Defense Motion to Continue can be used for any purpose. It includes common reasons to continue, such as to conduct investigation, to perform legal research, to receive/review discovery, to allow time for plea negotiati...

Defense Objection to Protection Order for Child Forensic Interview Recording (3.2019)

This brief argues that RCW 26.44.186, which requires a court to issue a protection order governing the dissemination and use of audio and video recording of a "child forensic interview" is unconstitutionally vague, violates separa...

Order Denying Protection Order for Child Forensic Interview Recording FOF/COL (4.2019)

This sample court order denies the state's request for a protection order for the child forensic interview recording and the court enters findings of fact and conclusions of law holding RCW 26.44.186 is unconstitutional as it viol...

Western Washington Courts’ Re-Licensing Practices

This spreadsheet, created by Rinnah Becker for Jefferson Assigned Counsel, is intended as a resource for attorneys who represent clients with traffic-related LFOs in multiple jurisdictions. It includes information on the practices...

Miller Timeline (1.31.2020)

This document includes a summary of US and WA cases and WA legislation relating to fair and constitutional sentencing of youth and young adults.