WSR 18-19-008
RULES OF COURT
STATE SUPREME COURT
[September 5, 2018]
IN THE MATTER OF THE PROPOSED AMENDMENT TO RALJ 9.3—COSTS
)
)
ORDER
NO. 25700-A-1237
The Washington Defender Association, having recommended the expeditious adoption of the proposed amendment to RALJ 9.3—Costs, and the Court having considered the amendment and comments submitted thereto, and having determined that the proposed amendment will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the proposed amendment as shown below is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the proposed amendment will be published expeditiously in the Washington Reports and will become effective upon publication.
dated at Olympia, Washington this 5th day of September, 2018.
 
 
Fairhurst, C.J.
Johnson, J.
 
Wiggins, J.
Madsen, J.
 
Gonzalez, J.
Owens, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
[Suggested changes to RALJ 9.3 (a) and (g)]
RALJ 9.3 COSTS
(a) Party Entitled to Costs in Civil and Criminal Appeals.
(1) Civil Appeals. The party that substantially prevails on a civil appeal shall be awarded costs on appeal. Costs will be imposed against a party whose appeal is involuntarily dismissed. Costs will be awarded in a case dismissed by reason of a voluntary withdrawal of an appeal only if the superior court so directs at the time the order is entered permitting the voluntary withdrawal of the appeal.
(2) Criminal Appeals. The party that substantially prevails on a criminal appeal shall be awarded costs on appeal unless the superior court judge determines the criminal defendant is indigent as defined in RCW 10.101.010 (3)(a)-(c). Costs will be imposed against a party whose appeal is involuntarily dismissed unless that party is a criminal defendant and the superior court judge determines the criminal defendant is indigent as defined in RCW 10.101.010 (3)(a)-(c). When the trial court has entered an order that a criminal defendant is indigent for purposes of appeal, that finding of indigency remains in effect unless the superior court judge determines by a preponderance of the evidence that the criminal defendant's financial circumstances have significantly improved since the last determination of indigency. The superior court judge may consider any evidence offered to determine the individual's indigency. Costs will be awarded in a case dismissed by reason of a voluntary withdrawal of an appeal only if the superior court so directs at the time the order is entered permitting the voluntary withdrawal of the appeal.
(b) – (f) [No changes.]
(g) Reasonable Attorney Fees. A request for reasonable attorney fees should not be made in the cost bill. The request should be made as provided in rule 11.2. In a criminal case attorney fees are subject to rule 9.3 (a)(2).
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.