BILL REQ. #:  H-3654.1 

Prefiled 1/5/2004. Read first time 01/12/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to recovery of court costs; and amending RCW 4.84.030.

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

Sec. 1   RCW 4.84.030 and 1987 c 202 s 121 are each amended to read as follows:
     (1) In any action under Title 26 RCW in the superior court of Washington the prevailing party shall be entitled to his or her costs and disbursements; but the plaintiff shall in no case be entitled to costs taxed as attorneys' fees in actions within the jurisdiction of the district court when commenced in the superior court.
     (2) In any action in a court of record in Washington other than actions under Title 26 RCW, the prevailing or substantially prevailing party is entitled to his or her costs and disbursements, including reasonable attorneys' fees. The court shall determine and award the amount of reasonable attorneys' fees and costs under this chapter. A party is considered to prevail if it obtains substantial relief on a material issue or material issues sought. Reasonable attorneys' fees must be determined by multiplying the total number of attorneys' hours necessary to prevail on the material issue or material issues by a reasonable hourly rate of compensation. The hourly rate of compensation is presumed reasonable if it is substantially similar to fees charged by other attorneys in the same area for work of similar substance and complexity. This subsection does not apply to the award of attorneys' fees pursuant to any other statutory provision.