WA · rules
Wash. R. App. P. 14.2
Who Is Entitled to Costs
A commissioner or clerk of the appellate court will award costs to the party that
substantially prevails on review, unless the appellate court directs otherwise in its decision
terminating review, or unless the commissioner or clerk determines an adult offender does not
have the current or likely future ability to pay such costs. When the trial court has entered an
order that an offender is indigent for purposes of appeal, that finding of indigency remains in
effect, pursuant to RAP 15.2(f), unless the commissioner or clerk determines by a preponderance
of the evidence that the offender’s financial circumstances have significantly improved since the
last determination of indigency. The commissioner or clerk may consider any evidence offered to
determine the individual’s current or future ability to pay. If there is no substantially prevailing
party on review, the commissioner or clerk will not award costs to any party. An award of costs
will specify the party who must pay the award. In a criminal case involving an indigent adult
offender, an award of costs will apportion the money owed between the county and the State. A
party who is a nominal party only will not be awarded costs and will not be required to pay costs.
A "nominal party" is one who is named but has no real interest in the controversy.
History
[Adopted effective July 1, 1976; Amended effective September 1, 1998; January 31, 2017; January 2, 2018.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
71e52567605029f7e9e1a6f2aafe30036935a1425ac5fe1c71ede0a0d3a57533
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