| Passed by the Senate March 14, 2007 YEAS 49 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 4, 2007 YEAS 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6059 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved April 18, 2007, 11:34 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 18, 2007 Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/16/2007. Referred to Committee on Judiciary.
AN ACT Relating to allowing attorneys to recover actual costs for service of process; amending RCW 4.84.010; and adding a new section to chapter 18.180 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 4.84.010 and 1993 c 48 s 1 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)) actually charged and
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.
NEW SECTION. Sec. 2 A new section is added to chapter 18.180 RCW
to read as follows:
(1) A process server required to register under RCW 18.180.010(1)
or exempt from registration under RCW 18.180.010(2) (a), (c), or (d)
shall be allowed to charge and collect the following fees in civil
actions, suits, and proceedings for each service assignment delivered
to the process server for service:
(a) If the fee is not greater than one hundred dollars, then the
actual amount charged to a party for service;
(b) If the fee is greater than one hundred dollars, then a
reasonable amount charged to a party for service.
(2) Any fees allowable under this section, and actually charged by
a process server, shall be a reasonable cost awarded to, and
recoverable by, the party incurring same if that party prevails in an
action.