§ 17.3 Who Is Entitled to Costs

• Jurisdiction: Washington

§17.3 WHO IS ENTITLED TO COSTS

Costs are awarded to the party that substantially prevails on review, unless the appellate court directs otherwise in its decision terminating review. If there is no substantially prevailing party on review, costs are not awarded. An award of costs specifies the party who is to pay the award. RAP 14.2.

(1) Substantially prevailing party for costs

The case law on who is a substantially prevailing party for costs largely dates from Family Medical Building., Inc. v. State Department of Social & Health Services, 38 Wn. App. 738, 689 P.2d 413 (1984). There, the court emphasized that there is more to the analysis of which party substantially prevails than merely looking to the bottom line of affirmance or reversal. Id. at 739.

Since Family Medical Building, certain general principles regarding a substantially prevailing party under RAP 14.2 have emerged. The court must evaluate the substance of the relief awarded to the respective parties. Marine Enters., Inc. v. Sec. Pac. Trading Corp., 50 Wn. App. 768, 772, 750 P.2d 1290 (1988). When the question is one of money damages, the decision about who prevails or substantially prevails is relatively easy. The party that receives the judgment is usually the prevailing party. Blair v. Wash. State Univ., 108 Wn.2d 558, 571, 740 P.2d 1379 (1987). When a party prevails on only a marginal issue, it is...