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SENATE
BILL 5233
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Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
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.
Passed the Senate March 4, 1993.
Passed the House April 7, 1993.
Approved
by the Governor April 19, 1993.
Filed in Office of Secretary of State April 19,
1993.
