CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5233

 

 

 

 

                        53rd Legislature

                      1993 Regular Session

Passed by the Senate March 4, 1993

  YEAS 49   NAYS 0

 

 

 

President of the Senate

 

Passed by the House April 7, 1993

  YEAS 94   NAYS 4

               CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5233 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

       House of Representatives

                                 Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                              _______________________________________________

 

                                                     SENATE BILL 5233

                              _______________________________________________

 

                                                       Passed Legislature - 1993 Regular Session

 

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senators A. Smith, McCaslin, Spanel, Nelson and Hargrove

 

Read first time 01/18/93.  Referred to Committee on Law & Justice.

 

Specifying the fees allowed to prevailing parties for costs related to service of process.


          AN ACT Relating to costs allowed to a prevailing party; and amending RCW 4.84.010.

 

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

 

        Sec. 1.  RCW 4.84.010 and 1984 c 258 s 92 are each amended to read as follows:

          The measure and mode of compensation of attorneys and counselors, shall be left to the agreement, expressed or implied, of the parties, but there shall be allowed to the prevailing party upon the judgment certain sums by way of indemnity for the prevailing party's expenses in the action, which allowances are termed costs, including, in addition to costs otherwise authorized by law, the following expenses:

          (1) Filing fees;

          (2) Fees for the service of process by a public officer, registered process server, or other means, as follows:

          (a) When service is by a public officer, the recoverable cost is the fee authorized by law at the time of service.

          (b) If service is by a process server registered pursuant to chapter 18.180 RCW or a person exempt from registration, the recoverable cost is the amount reasonably incurred in effecting service;

          (3) Fees for service by publication;

          (4) Notary fees, but only to the extent the fees are for services that are expressly required by law and only to the extent they represent actual costs incurred by the prevailing party;

          (5) Reasonable expenses, exclusive of attorneys' fees, incurred in obtaining reports and records, which are admitted into evidence at trial or in mandatory arbitration in superior or district court, including but not limited to medical records, tax records, personnel records, insurance reports, employment and wage records, police reports, school records, bank records, and legal files;

          (6) Statutory attorney and witness fees; and

          (7) To the extent that the court or arbitrator finds that it was necessary to achieve the successful result, the reasonable expense of the transcription of depositions used at trial or at the mandatory arbitration hearing:  PROVIDED, That the expenses of depositions shall be allowed on a pro rata basis for those portions of the depositions introduced into evidence or used for purposes of impeachment.

 


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