LCRLJ 54 JUDGMENTS AND COSTS (c) Demand for Judgment (1) Method - Ex-Parte Judgments and Orders. Counsel, legal interns and paralegals registered with the Spokane County Bar Association 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. Legal Interns presenting ex-parte or other agreed orders as authorized by APR 9(c)(4) shall be sufficiently familiar with the matter so as to satisfy the Court on any question reasonably to be anticipated. Counsel may present routine ex-parte or stipulated matters based on the record in the file by mail addressed to the Civil Clerk. Self-addressed, stamped envelopes shall be provided for return of any conformed materials and/or rejected orders. (d) Cost-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 may include documentation of time and charges. In appropriate cases, when a Default Judgment is entered, reasonable attorney fees may be allowed on the basis of a maximum of 50% of the first $500 of the principal amount of the judgment, plus 10% of any balance over $500, without formal justification or documentation. (2) If reasonable attorneys 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 fees on any basis other than contract provision. (4) Statutory attorney fees may be granted when reasonable attorney fees are not authorized. (See RCW 12.20.060) (5) Assigned Claims. Before costs and attorney 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 or she has had reasonable opportunity of not less than thirty (30) days to pay the disputed amount prior to the suit. Reasonable attorney fees, when allowed, shall not exceed either ten percent (10%) of the disputed amount or the statutory attorney fee, whichever is greater unless there is documentation of time and charges. (A) Payment Prior to Trial. A statutory attorney fee shall be allowed when the amount in dispute is paid any time prior to trial on assigned claims. A reasonable attorney fee shall not be allowed absent satisfactory justification including documentation of time and charges. (6) Offers of Settlement. Improper communication of an offer of settlement shall result in the denial of reasonable attorney fees. [See LCRLJ 5(d)(7) and LCRLJ 68.]
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