CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5023

                    Chapter 70, Laws of 1991

                        52nd Legislature

                      1991 Regular Session

        FRIVOLOUS LAWSUITS‑-RECOVERY OF DEFENSE EXPENSES

                    EFFECTIVE DATE:  7/28/91

Passed by the Senate February 13, 1991

  Yeas 48   Nays 0

           JOEL PRITCHARD          

President of the Senate

Passed by the House April 18, 1991

  Yeas 96   Nays 1

              JOE KING             

Speaker of the

       House of Representatives

Approved May 3, 1991

           BOOTH GARDNER           

Governor of the State of Washington

CERTIFICATE

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5023 as passed by the Senate and the House of Representatives on the dates hereon set forth.

           GORDON A. GOLOB            Secretary

                                     FILED         

                  May 3, 1991 - 10:06 a.m.

                        Secretary of State   

                       State of Washington

                  _______________________________________________

                                 SENATE BILL 5023

                  _______________________________________________

                     Passed Legislature - 1991 Regular Session

State of Washington              52nd Legislature             1991 Regular Session

By Senators Talmadge and Nelson.

Read first time January 16, 1991.  Referred to Committee on Law & Justice.Providing expenses for defending against frivolous court actions.

     AN ACT Relating to the expense of defending against frivolous court actions; and amending RCW 4.84.185.

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

     Sec. 1.  RCW 4.84.185 and 1987 c 212 s 201 are each amended to read as follows:

     In any civil action, the court having jurisdiction may, upon written findings by the judge that the action, counterclaim, cross‑claim, third party claim, or defense was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of attorneys, incurred in opposing such action, counterclaim, cross‑claim, third party claim, or defense.  This determination shall be made upon motion by the prevailing party after ((an)) a voluntary or involuntary order of dismissal, order on summary judgment, ((or)) final judgment after trial, or other final order terminating the action as to the prevailing party.  The judge shall consider all evidence presented at the time of the motion to determine whether the position of the nonprevailing party was frivolous and advanced without reasonable cause.  In no event may such motion be filed more than thirty days after entry of the order.  ((The judge shall consider the action, counterclaim, cross‑claim, third party claim, or defense as a whole.))

     The provisions of this section apply unless otherwise specifically provided by statute.

     Passed the Senate February 13, 1991.

     Passed the House April 18, 1991.

Approved by the Governor May 3, 1991.

     Filed in Office of Secretary of State May 3, 1991.