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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