H-3810.1 _______________________________________________
HOUSE BILL 2596
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State of Washington 54th Legislature 1996 Regular Session
By Representatives Clements, Hickel, Chandler, Boldt, Honeyford, McMorris, Delvin, Huff, Campbell, Hymes and Thompson
Read first time 01/15/96. Referred to Committee on Law & Justice.
AN ACT Relating to awards of reasonable attorneys' fees in civil actions brought by the state; and adding a new section to chapter 4.84 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 4.84 RCW to read as follows:
(1) Whenever a private defendant prevails in a civil action brought by a governmental plaintiff, the court shall require the governmental plaintiff to pay the prevailing private defendant the reasonable expenses, including reasonable attorneys' fees, incurred in defending the action. The court shall order payment under this section upon the motion of a prevailing private defendant after a voluntary or involuntary order of dismissal, order on summary judgment, final judgment after trial, or other final order terminating the action as to the prevailing private plaintiff.
(2) For purposes of this section:
(a) "Governmental plaintiff" means the state or a party represented by an attorney who is paid for that representation in whole or in part by state funds;
(b) "Private defendant" means a defendant who is not a public entity and is not represented by an attorney who is paid for that representation in whole or in part by public funds;
(c) "State" means the state of Washington and any of its departments, offices, or agencies, but does not mean any political subdivision of the state, municipal corporation, or quasi-municipal corporation; and
(d) "Public" means the federal government, any state government or its departments, offices, or agencies, or any political subdivision, municipal corporation, or quasi-municipal corporation.
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