§78.6 Analysis

• Jurisdiction: Washington

§78.6ANALYSIS

Case law on CR 78 is sparse. It is limited to a small number of opinions, both published and unpublished.

(1)Trial court has discretion over timing of entry of cost bill

In an unpublished opinion the Court of Appeals, Division I ruled that the trial court properly exercised its discretion in considering (and granting) the judgment creditor's motion for costs, even though the judgment creditor filed a cost bill more than 10 days after entry of the judgment. Feiger v. Pratt, 160 Wn.App. 1014, No. 64308-8-1, 2011 WL 693698 (Feb. 28, 2011). The pertinent issue presented in this case is that judgment was entered on August 5, 2009, and at that time the court noted in its judgment that "a separate judgment will be entered after the attorneys [sic] fee motion is brought." Id. at *1. Amotion for attorney fees was then filed by the judgment creditor 15 days after entry of the judgment, and the judgment debtor filed a motion for an order directing the clerk to tax costs pursuant to CR 54(d)(1), alleging the judgment creditor's motion for attorney fees was untimely.

An opinion from the Court of Appeals, Division II yields similar logic by that court. In Mitchell v. Washington State Institute of Public Policy (WSIPP), 153 Wn.App...