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.

Primer on Writs by Chris Jackson

Primer on Writs by Chris Jackson These documents include an overview of writs with a guide to the logistics of filing a writ, sample writs of certiorari, mandamus, prohibition and habeas, and sample forms and orders. Huge thanks t...


Making a False Material Statement – Vague

This brief by Max Mensinger argues that the section of the Everett Municipal Code that criminalizes making a false statement to a public servant is unconstitutionally vague. That section is identical to RCW 9A.76.175, which also c...


Challenge to Cost of SCRAM Pretrial_ RCW 10.21.055

Challenge to cost of SCRAM_pretrial release_RCW 10.21.055 These briefs argue that RCW 10.21.055, which requires some defendants to pay the cost of alcohol monitoring as a condition of pretrial release, violates the privileges and ...


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...