Costs and Fees

Under the “American Rule,” litigants in this country are not allowed to recover attorney fees or most costs of litigation even if they prevail, unless a contract or law specifically says otherwise.  (For example, the Washington Law Against Discrimination allows many discrimination plaintiffs to recover attorney fees.)  A prevailing is allowed to recover narrow categories of costs and fees specifically allowed by statute or rule (mostly in Chapter 4.84 RCW), but these are extremely limited and typically do little to defray the cost of litigation.

These costs and fees are presented to the court as a bill of costs shortly after trial concludes.  Courts caution that cost bills should not be inflated to recover additional fees.  Rather, costs as narrowly defined in RCW 4.84.010 include specific fees the prevailing party has incurred.

Standard costs and fees include (1) fees for filing documents in court, (2) fees for service of process (but only for service of the summons and complaint on a party to the litigation), (3) reasonable expenses of obtaining certain reports and records for use as evidence at trial, including medical records, tax records, insurance reports, employment and wage records, and police reports, (4) statutory attorney fees, which are set at $200, (5) witness fees, and (6) the cost of transcribing deposition testimony.  RCW 4.84.010 & .080.

Witness fees in superior court are ten to twenty-five dollars a day (RCW 2.40.010 & 2.36.150), plus mileage rates set by the United States treasury department (RCW 43.03.060). 

Transcripts of deposition testimony are only allowed only if the court finds the transcript was necessary for the prevailing part y to achieve the successful result, and only on a pro rata basis for those portions of the depositions introduced into evidence or used for purposes of impeachment at trial.  (RCW 4.84.010(7).)    They do not include videographer fees unless stipulated to by the parties.  (CR 30(b)(8)(D).)