The 7.8 Motion Manual

A Guide to Drafting and Filing a Motion in Washington Superior Courts Under Criminal Rule 7.8

The 7.8 Motion Manual is a comprehensive legal guide to drafting and filing Criminal Rule 7.8 (CrR 7.8) motions in Washington Superior Courts. Designed as a practical reference for post-conviction motion practice, this manual explains the procedural requirements, legal standards, and drafting strategies necessary to pursue relief from a final judgment and sentence.

Each year, hundreds of incarcerated individuals seek post-conviction relief through collateral attacks under Washington law. For many, a CrR 7.8 motion or Personal Restraint Petition (PRP) represents the final opportunity to challenge an unlawful conviction or sentence. This manual provides structured, step-by-step guidance through the complexities of Washington criminal procedure governing such motions.

Inside this guide, you will find:

• A detailed breakdown of CrR 7.8 procedural requirements

• Time limitations under RCW 10.73.090 and statutory exceptions

• How and when motions are transferred to the Court of Appeals

• Successive petition rule considerations

• Constitutional vs. non-constitutional error standards

• “Actual prejudice” and “fundamental defect” analysis

• Drafting strategy for authority and argument sections

• Framing federal constitutional questions

• Affidavit and declaration requirements

• Appellate review standards

• SB 5046 implications

• Practical examples and full sample motions

• Appendices including templates, checklists, and style guidance

This manual is designed for:

• Criminal defense professionals

• Paralegals and legal assistants

• Law students

• Post-conviction advocates

• Serious self-represented litigants (Pro Se)

Unlike the Workbook, which focuses on structured training exercises, the 7.8 Motion Manual serves as the foundational legal reference for understanding Washington post-conviction relief under Criminal Rule 7.8.

Available in:

• Hardback Edition – durable reference copy for offices, institutions, and legal libraries

• Paperback Edition – flexible, portable working copy for field use and active drafting

For professionals navigating Washington criminal procedure and collateral attack litigation, the 7.8 Motion Manual provides a structured, authoritative roadmap through one of the most complex areas of post-conviction practice.