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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