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ARTICLE · 24 OCTOBER 2025

Understanding Appeals And Discretionary Review In Washington State

When a trial court makes a decision that doesn't go your way, it can feel frustrating or unfair.

United StatesLitigation, Mediation & Arbitration

When a trial court makes a decision that doesn't go your way, it can feel frustrating or unfair. Fortunately, you may have the option to ask a higher court to review that decision. However, not every ruling can be appealed automatically, and not every appeal works the same way.

In Washington state, there are two main paths to have a trial court decision reviewed:

  1. Appeal as a Matter of Right, and
  2. Discretionary Review (which requires permission from the appellate court).

Understanding the difference between these two processes is key to knowing your options and choosing the right approach for your case.

1. Appeals as a Matter of Right

An appeal as a matter of right means you are automatically entitled to have an appellate court review the trial court's decision — as long as you follow the proper procedures and file on time.

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