WSR 16-13-023

RULES OF COURT

[June 2, 2016]

The Appellate Costs Workgroup, having recommended the proposed rule amendment to RAP 14.2—Who is Entitled to Costs, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association, and Administrative Office of the Court's websites.

(b) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than August 20, 2016. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 2nd day of June, 2016.

PROPOSED AMENDMENT

RULES OF APPELLATE PROCEDURE

RAP 14.2

WHO IS ENTITLED TO COSTS

A commissioner or clerk of the appellate court will award costs to the party that substantially prevails on review, unless the appellate court directs otherwise in its decision terminating review, or unless the commissioner or clerk determines an adult offender for whom an order of indigency has been entered does not have the current or likely future ability to pay such costs. An indigent adult offender who objects to a cost bill pursuant to RAP 14.5 shall file a report as to continued indigency and likely future ability to pay an award of costs on a form prescribed by the office of public defense. The form need not reiterate information contained in the trial court indigency screening form, but shall include supplemental information necessary to provide a basis for making a determination with respect to the individual's current or likely future ability to pay such costs. The form shall include a certification that no significant improvement during review in the financial condition of the indigent adult offender has occurred or, if a significant improvement during review in the financial condition has occurred, shall describe such improvements. If there is no substantially prevailing party on review, the commissioner or clerk will not award costs to any party. An award of costs will specify the party who must pay the award. In a criminal case involving an indigent juvenile or adult offender, an award of costs will apportion the money owed between the county and the State. A party who is a nominal party only will not be awarded costs and will not be required to pay costs. A "nominal party" is one who is named but has no real interest in the controversy.