LCRLJ 54. JUDGMENTS AND COSTS
(c) Demand for judgment.
(1) Method - Ex Parte Judgments and Orders. Counsel, legal
interns and registered legal assistants presenting a
judgment or seeking entry of an order shall be responsible
to see that all papers pertaining thereto are filed and that
the court file is provided to the judge. Counsel may present
routine ex parte or stipulated matters based on the record
in the file by mail addressed to the Court Administrator.
Self-addressed, stamped envelopes shall be provided for
return of any conformed materials and/or rejected orders.
(d) Costs - Attorney Fees.
(1) Reasonable attorney fees when allowed by statute or
contract will be determined on a case by case basis and
awarded in the sound discretion of the Court upon
satisfactory justification, which shall include
documentation of time and charges. In appropriate cases,
when a default judgment is entered, where authorized and
instead of those statutory fees set by RCW 12.20.060,
reasonable attorney's fees may be allowed on the basis of a
maximum of 50% of the first $500.00 of the principal amount
of the judgment, plus 10% of any balance over $500.00,
without formal justification or documentation.
(2) If reasonable attorney fees are requested based on a
contract provision, the contract provision must be
conspicuously highlighted or underlined to be readily
ascertainable.
(3) Specific citation of authority must accompany requests
for reasonable attorney's fees on any basis other than
contract provision.
(4) Statutory attorney's fees may be granted when
reasonable attorney's fees are not authorized. (See RCW
12.20.060).
(5) Assigned Claims. Before costs and attorney's fees will
be allowed by the Court on assigned claims, proof shall be
furnished the Court that Notice and Demand for Payment of
disputed amount has been sent to the defendant by the
assignee, and he/she has had reasonable opportunity of not
less than thirty (30) days to pay the disputed amount prior
to the suit. Reasonable attorney's fees, when allowed,
shall not exceed either ten percent (10%) of the disputed
amount, or the statutory attorney's fee, whichever is
greater unless there is documentation of time and charges.
A statutory attorney's fee shall be allowed when the amount
in dispute is paid any time prior to trial on assigned
claims. A reasonable attorney's fee shall not be allowed
absent satisfactory justification including documentation of
time and charges.
(6) 'Offer of Settlement' under RCW chapter 4.84 means a
written offer served in the manner provided by CRLJ 5 for
service of pleadings, and in an amount as set by the
pleadings. A cross-claim will be treated (between cross-
claimant and cross-claim defendant) as if it were a separate
action.
(7) An offer of settlement must be served after the time
the answer or the response to any counter-claim has been
served and no later than fourteen (14) days before the trial
date. The acceptance of any offer of settlement must be
served no later than five (5) judicial days prior to the
trial date. An acceptance must be in writing and must be
served in the same manner as is required for an offer of
settlement.
(8) The offer of settlement shall be substantially in the
following form:
Jefferson County District Court
State of Washington
______________________ )
Plaintiff ) No. _____________
v. ) OFFER OF JUDGMENT
_____________________ )
Defendant )
The party named below, in total settlement of this damage
action, offers to allow judgment to be entered in this
lawsuit against the defendant in the sum of $ ________, plus
court costs. This offer is made pursuant to RCW 4.84.250
through RCW 4.84.300.
If you wish to accept this offer, you must do so, by
written notice, to the undersigned attorney and file a copy
of your response with the court named above. The response
must be served within ten (10) days, and not later than five
(5) days before trial.
If you do not accept this offer within that time period,
and the offeror subsequently obtains a judgment which is at
least as favorable to the offeror, the amount of the
judgment may be increased by an award of additional costs
and/or reasonable attorney's fees as authorized by RCW
4.84.250 through RCW 4.84.300, CRLJ 68, and LCRLJ 54.
Name of Offeror: ___________________________________
Date: ___________________________________
Attorney for Offeror: ___________________________________
Address: ___________________________________
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