Appeals Panel Debates Whether Expert and E‑Discovery Costs Are Recoverable
Counsel disputed whether expert witness fees and e‑discovery costs are "costs of said action" under the statute discussed at oral argument, with appellants citing Hayes and Howard and the state pointing to different statutory contexts and equitable exceptions.
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A central dispute at argument was whether expert witness and e‑discovery fees may be recovered as "costs of said action" under the statute the parties cited. Matthew Wolf argued that Washington precedent (as he read it) excludes non‑statutory attorney and expert fees from the statutory bucket and that the state did not satisfy the six‑factor Absher test to recover those items.
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