H-1039              _______________________________________________

                                                   HOUSE BILL NO. 1124

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Bond, van Dyke, Padden, J. Williams, Barnes and Isaacson

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to attorneys' fees in civil cases; amending RCW 4.84.250; creating a new section; and repealing RCW 4.84.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that the escalating costs of litigation both discourage individuals who have valid complaints from pursuing their legal remedies, and result in a substantial loss even to successful defendants.  The legislature further finds that the early settlement of litigation would be encouraged by allowing the prevailing party in civil suits to recover his or her attorney fees as costs.

        Sec. 2.  Section 1, chapter 84, Laws or 1973 as last amended by section 88, chapter 258, Laws of 1984 and RCW 4.84.250 are each amended to read as follows:

          Notwithstanding any other provisions of chapter 4.84 RCW and RCW 12.20.060, in any action for damages ((where the amount pleaded by the prevailing party as hereinafter defined, exclusive of costs, is seven thousand five hundred dollars or less)), there shall be taxed and allowed to the prevailing party as a part of the costs of the action a reasonable amount to be fixed by the court as attorneys' fees.  ((After July 1, 1985, the maximum amount of the pleading under this section shall be ten thousand dollars.)) The supreme court shall establish by rule the procedure for awarding attorneys' fees.

NEW SECTION. Sec. 3.  Section 374, page 202, Laws of 1854, section 464, page 124, Laws of 1869, section 516, page 108, Laws of 1877, section 512, Code of 1881, section 2, chapter 30, Laws of 1975-'76 2nd ex. sess., section 3, chapter 331, Laws of 1981 and RCW 4.84.080 are each repealed.