Title: An act relating to allowing attorneys to recover actual costs for service of process.

Brief Description: Allowing attorneys to recover actual costs for service of process.

Sponsors: Representatives Kirby, Campbell, Williams and Wood.

Hearing Date: 2/16/05

Staff: Trudes Tango Hutcheson (786-7384).

Background:

The prevailing party in a civil action is entitled to recover certain expenses associated with the lawsuit, including costs for service of process.

Process may be served by: (a) the sheriff; (b) process servers who are registered with the county auditor and charge fees for their services; (c) an attorney or the attorney's agent or employee; (d) a person appointed by the court to serve the court's process; or (e) persons who do not receive a fee or wage for serving process.

If the process server is a public officer, the recoverable cost is the amount the public officer is allowed to charge by statute. If the process server is a registered process server or other person authorized to serve process, the recoverable cost is an amount reasonably incurred.

Summary of Bill:

The recoverable cost for service of process by a process server other than a public officer is the amount actually charged and incurred, as opposed to an amount reasonably incurred.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.