SENATE BILL 5023
State of Washington 52nd Legislature 1991 Regular Session
By Senators Talmadge and Nelson.
Read first time January 16, 1991. Referred to Committee on Law & Justice.
AN ACT Relating to the expense of defending against frivolous court actions; and amending RCW 4.84.185.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.84.185 and 1987 c 212 s 201 are each amended to read as follows:
civil action, the court having jurisdiction may, upon written findings by the
judge that the action, counterclaim, cross‑claim, third party claim, or
defense was frivolous and advanced without reasonable cause, require the
nonprevailing party to pay the prevailing party the reasonable expenses,
including fees of attorneys, incurred in opposing such action, counterclaim,
cross‑claim, third party claim, or defense. This determination shall be
made upon motion by the prevailing party after ((
an)) a voluntary or
involuntary order of dismissal, order on summary judgment, (( or))
final judgment after trial, or other final order terminating the action
as to the prevailing party. The judge shall consider all evidence presented
at the time of the motion to determine whether the position of the
nonprevailing party was frivolous and advanced without reasonable cause. In
no event may such motion be filed more than thirty days after entry of the
order. (( The judge shall consider the action, counterclaim, cross‑claim,
third party claim, or defense as a whole.))