GR 9 COVER SHEET

Suggested Amendment Rules of Appellate Procedure

Rule 14.3 – Expenses Allowed as Costs

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: RAP 14.3 provides for a list of certain allowed costs that a substantially prevailing party on review may recover. This list includes the cost of “preparation of a brief or other original document to  be reproduced by the clerk,” which is an amount per page fixed by the Supreme Court. The list also includes as cost the lesser of the clerk’s charges for reproduction of briefs, petitions, and motions “or the costs incurred by the party reproducing briefs as authorized under rule 10.5(a),” which allows appellate court commissioner or clerk to permit a governmental party to reproduce and directly supply copies of briefs required by the court in lieu of the clerk’s reproduction.

In light of the current status of electronic filings, reproduction of briefs or other original documents may not be necessary, and the cost of preparing a brief or other original document as measured by an amount per page appears outdated. The proposed change to RAP 14.3(a) will thus eliminate these costs, while maintaining the cost of the clerk’s reproduction charges. Separate  proposed changes to RAP 10.5 and RAP 17.4 will make the court’s reproduction of briefs and other documents relating to motions discretionary. Additionally, as the court has not utilized the practice of allowing a governmental party to directly supply copies of briefs in lieu of reproduction by the court, a separate proposed change to RAP 10.5 will eliminate this separate practice for a governmental party. Accordingly, the proposed change to RAP 14.3 will also remove the language referring to this practice.

D.  Hearing: Not requested.

E.  Expedited Consideration: Not requested.

F.  Supporting Material: Suggested rule amendment.