S-879                 _______________________________________________

 

                                                   SENATE BILL NO. 3374

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Talmadge, Newhouse and Moore

 

 

Read first time 1/28/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to attorney fees; and amending RCW 4.84.080 and 12.20.060.

 

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

 

        Sec. 1.  Section 374, page 202, Laws of 1854 as last amended by section 3, chapter 331, Laws of 1981 and RCW 4.84.080 are each amended to read as follows:

          When allowed to either party, costs to be called the attorney fee, shall be as follows:

          (1) In all actions where judgment is rendered, one hundred twenty-five dollars.

           (2) In all actions where judgment is rendered in the supreme court or the court of appeals, after argument, one hundred twenty-five dollars.

 

        Sec. 2.  Section 85, page 237, Laws of 1854 as last amended by section 89, chapter 258, Laws of 1984 and RCW 12.20.060 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 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 ((twenty-five)) fifty dollars as part of the costs:  PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorney fee unless he obtains, exclusive of costs, a judgment in the sum of five dollars or more.