104, 117 P.3d 1117 (2005). Courts consistently apply the civil rules to PRA
proceedings. Id. at 105("normal civil procedures are an appropriate method to
prosecute a claim under the liberally construed PDA."); Neighborhood Alliance,
172 Wn.2d at 716 ("the civil rules control discovery in a PRA action."); John Doe
G v. Dep't of Corr., 197 Wn. App. 609, 391 P.3d 496, 506(2017), petition for rev.
granted, Wn.2d. , 397 P.3d 1009(2017)("the normal civil rules apply to
12
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 74825-4-1/13
PRA proceedings. Thus, the rule governing class certification, CR 23, controls
here."). Because caselaw clearly establishes that an action under the PRA is not
a special proceeding, the civil rules apply.
Rufin argues, however, that CR 68 is inapplicable to the PRA because the
statute's attorney fee provision mandates an award of costs and reasonable
attorney fees to a prevailing person. That provision states:
[a]ny person who prevails against an agency in any action in the
courts seeking the right to inspect or copy any public record or the
right to receive a response to a public record request within a
reasonable amount of time shall be awarded all costs, including
reasonable attorney fees, incurred in connection with such legal
action.
RCW 42.56.550(4). Rufin argues that CR 68 conflicts with this fee provision
because it would require a plaintiff to bear her own fees and costs incurred after
rejecting an offer of judgment if she did not achieve a more favorable result at
trial. The vital public policy of the PRA is to promote access to public records.
Am. Civil Liberties Union of Wash. v. Blaine Sch. Dist. No. 503, 95 Wn. App. 106,