RAP 14.1: COSTS GENERALLY

(a) When Allowed. The appellate court determines costs in all cases after the filing of a decision terminating review, except as provided in rule 18.2 relating to voluntary withdrawal of review.

(b) Which Court Determines and Awards Costs. Costs on review are determined and awarded by the appellate court which accepts review and makes the final determination of the case.

(c) Who Determines and Awards Costs. If the court determines costs in its opinion or order, a commissioner or clerk will award costs in accordance with that determination. In all other circumstances, a commissioner or clerk determines and awards costs by ruling as provided in rule 14.6(a). A party may object to the ruling of a commissioner or clerk as provided in rule 14.6(b).

(d) Who Is Entitled to Costs. Rule 14.2 defines who is entitled to costs.

(e) What Expenses Are Allowed as Costs. Rule 14.3 defines the expenses which may be allowed as costs.

(f) How Costs Are Claimed--Objections. A party claims costs by filing a cost bill in the manner provided in rule 14.4. A party objects to claimed costs in the manner provided in rule 14.5.

References

Rule 18.1, Attorney Fees and Expenses.

RAP 14.2: WHO IS ENTITLED TO COSTS

A commissioner or clerk of the appellate court will award costs to the party that substantially prevails on review, unless the appellate court directs otherwise in its decision terminating review, or unless the commissioner or clerk determines an adult offender does not have the current or likely future ability to pay such costs. When the trial court has entered an order that an offender is indigent for purposes of appeal, that finding of indigency remains in effect, pursuant to RAP 15.2(f), unless the commissioner or clerk determines by a preponderance of the evidence that the offender's financial circumstances have significantly improved since the last determination of indigency. The commissioner or clerk may consider any evidence offered to determine the individual's current or future ability to pay. If there is no substantially prevailing party on review, the commissioner or clerk will not award costs to any party. An award of costs will specify the party who must pay the award. In a criminal case involving an indigent adult offender, an award of costs will apportion the money owed between the county and the State. A party who is a nominal party only will not be awarded costs and will not be required to pay costs. A "nominal party" is one who is named but has no real interest in the controversy.

[Adopted effective September 1, 1998; amended effective January 31, 2017; January 2, 2018.]

RAP 14.3: EXPENSES ALLOWED AS COSTS

(a) Generally. Only statutory attorney fees and the reasonable expenses actually incurred by a party for the following items which were reasonably necessary for review may be awarded to a party 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, as provided in rule 14.3(b), (4) transmittal of the record on review, (5) expenses incurred in superseding the decision of the trial court, but not ordinarily greater than the usual cost of a commercial surety bond, (6) the lesser of the charges of the clerk for reproduction of briefs, petitions, and motions, or the costs incurred by the party reproducing briefs as authorized under rule 10.5(a), (7) the filing fee, and (8) such other sums as provided by statute. If a party has incurred an expense for one of the designated items, the item is presumed to have been reasonably necessary for review, which presumption is rebuttable. The amount paid by a party for the designated item is presumed reasonable, which presumption is rebuttable.

(b) Special Rule for Cost of Preparing Brief or Other Original Document. The costs awarded for preparing a brief or other original document is an amount per page fixed from time to time by the Supreme Court. The cost for preparing a brief or other original document will only be awarded for a brief or document which substantially complies with these rules and only for the actual number of pages of the brief or document including the front cover and appendix. If a brief or document is unreasonably long, costs will be awarded only for a reasonable number of pages.

(c) Special Rule for Indigent Review. An Indigent may not recover costs from the State for expenses paid with public funds as provided in Title 15. The clerk or commissioner will claim costs due from other parties which reimburse the State for expenses paid with public finds as provided in Title 15.

[Amended effective July 1, 1976; July 2, 1976; September 1, 1985; September 1, 1994; September 1, 2010 (references only)]

References

Rule 18.1, Attorney Fees and Expenses; RCW 4.84.080(2), Schedule of Attorneys' Fees

RAP 14.4: COST BILL

(a) Generally. Except as provided in sections (b) and (c), a party seeking costs on review must file a cost bill with the appellate court and serve a copy of the cost bill on all parties within 10 days after the filing of an appellate court decision terminating review. If a party seeks costs for an expense incurred after the time to file a cost bill has expired, that party must serve on all parties and file a supplemental cost bill with the appellate court within 10 days after the expense was incurred. If a decision terminating review is modified to the extent that a different party is entitled to costs, the party seeking costs must file a cost bill with the appellate court and serve a copy of the cost bill on all parties within 10 days after the filing of the decision which modifies the original decision terminating review.

(b) When Costs Abide Final Result and There Is no Second Review. If the costs on review are to abide the final determination in the trial court and that final determination is not reviewed by the appellate court, a party seeking costs must, within 30 days after the time to seek review of the trial court decision has expired, file with the appellate court and serve on each party: (1) a cost bill for costs on review, or if a cost bill was filed for the earlier review, a copy of the cost bill previously filed in the appellate court, (2) a copy of the final determination of the trial court, and (3) an affidavit stating that a notice of appeal or notice for discretionary review of the decision finally determining the case has not been filed.

(c) When Costs Abide Final Result and There Is a Second Review. If the costs on review are to abide the final determination of the case by the trial court and that final determination is reviewed by the appellate court, the costs of the earlier review will be taxed at the same time the costs of the later review are taxed. A party seeking costs of the earlier review must file (1) a cost bill for costs on the earlier review or, if a cost bill was filed for the earlier review, a copy of the cost bill for the earlier review, and (2) a cost bill for the later review.

References

Form 10, Cost Bill; Rule 12.5, Mandate.

RAP 14.5: OBJECTIONS TO COST BILL

A party may object to items in the cost bill of another party by serving on all parties and filing with the appellate court objections to the cost bill within 10 days after service of the cost bill upon the party.

References

Form 11, Objections to Cost Bill.

RAP 14.6: AWARD OF COSTS

(a) Commissioner or Clerk Awards Costs. A commissioner or the clerk will determine costs within 10 days after the time has expired for filing objections to the cost bill. The commissioner or clerk will notify the parties of the ruling on costs.

(b) Objection to Ruling. A party may only object to the ruling on costs by motion to the appellate court in the same manner and within the same time as provided for objections to any other rulings of a commissioner or clerk as provided in rule 17.7.

(c) Transmitting Costs. The commissioner or clerk will award costs in the mandate or the certificate of finality or in a post- mandate ruling or order. An award of costs may be enforced as part of the judgment in the trial court.

[December 24 ,2002]