File a Motion for Revision in a Family Law Case

3901EN | August 2022

File for Revision in a Family Law Case

? Use this only if you got a ruling in a family law case from a Washington State

Superior Court.

Part 1.

Forms

Forms in this packet

1.

FL All Family 181: ¡°Motion for Order for Revision of Commissioner¡¯s Order¡±

2.

FL All Family 112 ¡°Proof of Mailing or Hand Delivery¡±

3.

FL All Family 182 (Proposed) : ¡°Order: Granting Motion for Revision¡±

4.

FL All Family 185: ¡°OPTIONAL Notice of Hearing¡± - if you are having a hearing. If the

court has its own Notice of Hearing form, use theirs instead of this one.

Tips for filling out the forms

?

Print your forms single-sided.

?

Type your forms, if possible.

?

If you are filling out your forms by hand your responses must be:

o Printed.

o Readable.

o In black or dark blue ink.

o Written only on the front side of the paper.

?

Re-read each form after you have filled it out.

?

Make sure that:

o You have correctly filled in all necessary blanks.

p. 1

3901EN | August 2022

o Any corrections you made are neat and readable.

o You have signed or initialed where needed.

?

Always keep copies of your completed forms for your records.

Part 2.

Frequently Asked Questions (FAQ)

Should I use this?

Use the instructions and forms here to file a motion asking a judge to revise (change) an

order or judgment if all these are true:

?

You are party to a family law case in a Washington State Superior Court

?

A court commissioner entered an order in the case

?

You disagree with that order. You believe the court commissioner got the facts or

law wrong

?

It has been 10 days or less since the commissioner entered the order

Do not use this packet if a judge entered an order you want changed.

Talk with a lawyer about whether you should ask for Revision. If the judge thinks your

Motion for Revision is a waste of time, the judge could order you to pay the other side¡¯s

court costs.

? Before filling out our forms, ask your superior court clerk if they have special

forms you must use for a Motion for Revision. If so, use those instead of ours.

What is a Motion for Revision?

It asks a judge to change a court commissioner¡¯s order. You can read the state law about

this at RCW 2.24.050. In many counties, commissioners decide motions in family law cases.

A commissioner is like a judge, but only makes decisions relating to a specific subject

matter.

Why would I file a Motion for Revision?

You can file a Motion for revision if one of these is true:

p. 2

3901EN | August 2022

?

You disagree with the commissioner¡¯s decision

?

OR

?

You think the commissioner made the wrong decision based on the facts and law

Example: You presented evidence, including drug tests and arrests, at hearing showing the

other parent has a current substance use problem. Based on the other parent¡¯s drug abuse,

you asked the commissioner to limit the other parent¡¯s time with the children. The

commissioner did not do so.

Do I need to file for revision right away?

You must file the motion and other papers no more than ten days after the commissioner

entered the order you want revised.

Where do I file the motion?

You must file it in the same Superior Court where the commissioner heard your case.

Will the judge automatically revise the commissioner¡¯s decision?

No. The judge must look at

?

the case record

?

the court commissioner¡¯s findings of fact and conclusions of law in the

commissioner¡¯s order

The judge may (does not have to) revise the commissioner¡¯s decision if the judge believes

either of these:

?

The commissioner interpreted the law wrong

?

OR

?

The court did not consider relevant facts presented at the hearing

? Talk with a lawyer about whether you should file this Motion. If the judge

thinks your Motion is a waste of time, she could order you to pay the other

side¡¯s court costs.

p. 3

3901EN | August 2022

Can I use this Motion to bring in new evidence?

No. In a motion to revise, the judge only reviews the commissioner¡¯s decision based on the

evidence that was in front of the commissioner. You may not bring new evidence in.

? If really want to try to get new evidence into the record at this stage of the case,

talk to a lawyer.

If there was witness testimony at the hearing, you must file a declaration, and possibly a

transcript or hearing record. Check local court rules (see ¡°Will there be another hearing,¡±

below) to see if you must file a transcript. We do not have instructions for writing a

declaration in this type of case. You can get the declaration form, FL All Family 135, at

courts.forms.

Will there be another hearing?

It depends on the county. Check your county¡¯s local rules. They may be online at

. Or ask the court clerk, family law facilitator (if your county has

one), or assistant to the judge your motion is assigned to.

p. 4

3901EN | August 2022

Part 3.

Summary of Steps

? 1. Talk to a lawyer, if you can

? 2. Gather the forms and documents you will need

? 3. Fill out the forms

? 4. Make 3 extra copies of each document

? 5. File and deliver working papers; have the other party served

? 6. Confirm and go to hearing (if there is one)

Part 4.

How to fill out the forms

On all forms, fill out the caption (the top portion of each form naming the county, parties

involved, and case number) by copying the caption from the Petition that started the case.

1.

Motion for Order for Revision of Commissioner¡¯s Order, FL All

Family 181

This is where you ask the judge to change the court commissioner¡¯s decision.

Fill out the Caption.

Relief Requested: In the first blank, put your name.

In the second, longer blank, put the date the commissioner entered the order you want

revised.

Statement of Issues: List each part of the commissioner¡¯s order you think is wrong.

Explain why the findings are wrong, based on the evidence presented at the hearing. If you

think the commissioner got the law wrong, say so.

Example: You presented evidence at hearing showing the other parent¡¯s current drug

abuse problem. Your evidence included drug tests and arrests. You asked the commissioner

to limit the other parent¡¯s time with the children based on the other parent¡¯s drug abuse.

The commissioner did not. You believe the commissioner got the law about limiting

parental time wrong.

p. 5

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download