5157-S.E AMH JUD PERR 01

By Representative Appelwick

ESSB 5157 - H COMM AMD ADOPTED 4-7-93

By Committee on Judiciary

     On page 1, strike everything after the enacting clause and insert the following:

     "Sec. 1.  RCW 12.20.060 and 1985 c 240 s 2 are each amended to read as follows:

     When the prevailing party in district court is entitled to recover costs as authorized in RCW 4.84.010 in a civil action, the judge shall add the amount thereof to the judgment; in case of failure of the plaintiff to recover or of dismissal of the action, the judge shall enter up a judgment in favor of the defendant for the amount of his or her costs; and in case any party so entitled to costs is represented in the action by an attorney, the judge shall include attorney's fees of ((fifty)) one hundred twenty-five dollars as part of the costs:  PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorney fee unless he or she obtains, exclusive of costs, a judgment in the sum of ((twenty-five)) fifty dollars or more."

EFFECT:  Replaces the bill with the House version (SHB 1210), which allows attorney's fees of $125 in cases with judgments of at least $50.