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Richeson v. State of Washington - State Patrol5/11/2000 t wanted to show that Mr. Turner had agreed to notify the State if he developed further opinions. Nothing in the record, including closing arguments, refers to either of these portions of the deposition. The record simply does not support the trial court's memory that the Turner deposition had been referred to consistently. Consequently, the judgment is remanded for amendment of the costs to cover only those portions of the deposition used at trial. RCW 4.84.010(7).
Judgment affirmed in part; in accordance with this opinion we remand for recalculation of the costs awarded to the State for the transcription of the Turner deposition.
A majority of the panel has determined that this opinion will not be printed in the Washington Appellate Reports but it will be filed for public record pursuant to RCW 2.06.040.
Schultheis, J.
WE CONCUR:
Kurtz, C.J.
Kato, J.
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