§18.6 Costs

• Jurisdiction: Washington

§18.6 COSTS

RCW 42.56.550(4) also allows the requesting party to be awarded "all costs" if it is the prevailing party. Those costs are not limited to the statutory costs available under RCW 4.84.010. Am. Civil Liberties Union of Wash. v. Blaine Sch. Dist. No. 502 (ACLU II), 95 Wn.App. 106, 115, 975 P.2d 536 (1999). Rather, RCW 42.56.550(4) provides for a more liberal recovery. Id. The court in ACLU II concluded that the more liberal approach was justified by the difference in the wording of the two statutes, and because permitting a liberal recovery of costs under the PRA is consistent with the policy of the Act by making it financially feasible for private citizens to enforce the public's right to access public records. Id.; see also Mitchell v. Wash. State Inst, of Pub. Policy, 153 Wn.App. 803, 829, 225 P.3d 280 (2009) (stating that "all costs" has not been defined, but also reaffirming the ACLU II court's rule that the PRA requires a more liberal recovery of costs than normally allowed).

Consequently, in a public records case, the prevailing party is entitled to recover all of the reasonable expenses it incurred in gaining access to the requested records. ACLU II, 95 Wn.App. at 117; see also Lindberg v. Kitsap County, 133 Wn.2d 729, 749, 948 P.2d 805 (1997) (Durham, C. J., concurring) (noting prevailing party entitled to all costs they have incurred in pursuing the action). But see Mitchell v. Wash....