§ 17.4 Expenses Allowed As Costs

• Jurisdiction: Washington

§17.4 EXPENSES ALLOWED AS COSTS

Only statutory attorney fees and specifically enumerated expenses are allowed as costs under Title 14. The award of reasonable attorney fees and other expenses necessary for review is governed by the provisions of RAP 18.1. Costs routinely awarded following an appeal should also be distinguished from sanctions, which are imposed as a remedy only in the circumstances defined in RAP 18.9.

(1) Generally

Statutory attorney fees and the reasonable expenses actually incurred by a party for any of the following items that are reasonably necessary for review may be awarded as costs:

(1)

preparation of the original and one copy of the report of proceedings,

(2)

copies of the clerk's papers, (3) preparation of a brief or other original document to be reproduced by the clerk . . . , (4) transmittal of the record on review; (5) expenses incurred in superseding the decision of the trial court . . . , (6) the lesser of the charges of the clerk for reproduction of briefs, petitions and motions, or the costs incurred by the [governmental] party reproducing briefs as authorized under [RAP] 10.5(a), (7) the filing fee, and (8) such other sums as provided by statute.

RAP 14.3(a).

The statutory attorney fee is $200, the amount authorized in RCW 4.84.080. Statutory attorney fees are not available as costs in either juvenile or adult criminal proceedings because the statute does not apply to such matters. State v. Keeney, 112 Wn.2d 140, 144, 769 P.2d 295 (1989). Statutory attorney fees are distinguished from reasonable attorney fees, which are governed by the provisions of RAP 18.1. A request for reasonable attorney fees as an item of costs will ordinarily be denied. Boe v. Gorton, 88 Wn.2d 773, 776-77, 567 P.2d 197 (1977).

Practice
Tip: A prevailing party cannot recover a statutory attorney fee

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