BILL REQ. #:  S-0172.1 

Read first time 01/12/09.   Referred to Committee on Judiciary.

     AN ACT Relating to statutory costs; and amending RCW 4.84.010 and 12.20.060.

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

Sec. 1   RCW 4.84.010 and 2007 c 121 s 1 are each amended to read as follows:
     (1) 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))) (a) Filing fees;
     (((2))) (b) Fees for the service of process by a public officer, registered process server, or other means, as follows:
     (((a))) (i) When service is by a public officer, the recoverable cost is the fee authorized by law at the time of service.
     (((b))) (ii) 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 actually charged and incurred in effecting service;
     (((3))) (c) Fees for service by publication;
     (((4))) (d) 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))) (e) 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))) (f) Statutory attorney and witness fees; and
     (((7))) (g) 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.
     (2)(a) For purposes of awarding costs, including a statutory attorneys' fee, and except as provided in RCW 4.84.110 and 4.84.120, the plaintiff shall be considered the prevailing party if, after commencement of the action, the defendant tenders and the plaintiff accepts full or partial payment of the amounts sued for, and if before such tender and acceptance the plaintiff has in writing notified the defendant that full or partial payment of the amounts sued for may nevertheless result in an award of costs. In such case the plaintiff is entitled to its costs, and the court shall, upon the plaintiff's application, enter judgment for the plaintiff for costs, except such costs as are paid before entry of judgment.
     (b) For purposes of this subsection, "plaintiff" includes a counter-claimant, cross-claimant, and third-party plaintiff; and "defendant" includes a party defending a counter-claim, cross-claim, or third-party claim.
     (3) Nothing prevents a party from demanding, offering, or accepting payment of statutory costs, or from reducing or waiving statutory costs, before the entry of judgment in an action.

Sec. 2   RCW 12.20.060 and 2004 c 123 s 2 are each amended to read as follows:
     (1) When the prevailing party in district court is entitled to recover costs as authorized in RCW 4.84.010 in a civil action, the judge shall add the amount thereof to the judgment; in case of failure of the plaintiff to recover or of dismissal of the action, the judge shall enter up a judgment in favor of the defendant for the amount of his or her costs; and in case any party so entitled to costs is represented in the action by an attorney, the judge shall include ((attorney's)) attorneys' fees in the amount provided in RCW 4.84.060 as part of the costs: PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorneys' fee unless he or she obtains, exclusive of costs, a judgment in the sum of fifty dollars or more: AND PROVIDED FURTHER, That if the plaintiff obtains judgment, exclusive of costs, of at least fifty dollars but less than two hundred dollars, the judge shall include attorneys' fees of one hundred twenty-five dollars as part of the costs.
     (2)(a) For purposes of awarding costs, including a statutory attorneys' fee, and except as provided in RCW 12.20.040, the plaintiff shall be considered the prevailing party if, after commencement of the action, the defendant tenders and the plaintiff accepts full or partial payment of the amounts sued for, and if before such tender and acceptance the plaintiff has in writing notified the defendant that full or partial payment of the amounts sued for may nevertheless result in an award of costs. In such case the plaintiff is entitled to its costs, and the court shall, upon the plaintiff's application, enter judgment for the plaintiff for costs, except such costs as are paid before entry of judgment. However, the plaintiff is not entitled to statutory attorneys' fees unless the amount prayed for, exclusive of costs, is fifty dollars or more, and if the amount prayed for, exclusive of costs, is at least fifty dollars but less than two hundred dollars, the judgment shall include attorneys' fees of one hundred twenty-five dollars as part of the costs.
     (b) For purposes of this subsection, "plaintiff" includes a counter-claimant, cross-claimant, and third-party plaintiff; and "defendant" includes a party defending a counter-claim, cross-claim, or third-party claim.
     (3) Nothing prevents a party from demanding, offering, or accepting payment of statutory costs, or from reducing or waiving statutory costs, before the entry of judgment in an action.