Bill Text: MI SB1183 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Civil procedure; costs and fees; attorney fee awards in frivolous civil actions; modify. Amends secs. 2445 & 2591 of 1961 PA 236 (MCL 600.2445 & 600.2591) & adds sec. 2446.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-11-08 - Referred To Committee On Judiciary [SB1183 Detail]
Download: Michigan-2017-SB1183-Introduced.html
SENATE BILL No. 1183
November 8, 2018, Introduced by Senator SHIRKEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2445 and 2591 (MCL 600.2445 and 600.2591),
section 2591 as added by 1986 PA 178, and by adding section 2446.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2445. (1) Costs on appeal to the circuit court, the court
of
appeals, or to the supreme court shall may be
awarded in the
discretion of the court.
(2)
The appellant may be awarded the costs on appeal if he the
appellant
improves his the appellant's position on appeal.
(3) The appellee may be awarded damages for the delay and
vexation caused by the appeal, to be assessed in the discretion of
the court, in addition to costs on appeal, if the appellant does
not
improve his the
appellant's position on appeal.
(4) Costs in the court below may be awarded to the party who
ultimately prevails in the case.
(5) Any costs awarded under this section must not be
duplicative of attorney fees awarded under section 2446.
Sec. 2446. (1) In an appeal to the circuit court, the court of
appeals, or the supreme court, the court shall, on its own
initiative or on the motion of any party, assess attorney fees
against a party if it determines that the appeal or proceedings in
the appeal by the party were vexatious.
(2) For purposes of this section:
(a) An appeal is vexatious if the appeal was taken for
purposes of hindrance or delay or without any reasonable basis for
belief that there was a meritorious issue to be determined on
appeal.
(b) Proceedings in an appeal that are vexatious are the filing
of a pleading, motion, argument, brief, document, or record in the
appeal that was grossly lacking in the requirements of propriety,
violated court rules, or grossly disregarded the requirements of a
fair presentation of the issues to the court.
(3) Attorney fees assessed under this section must be the
actual attorney fees incurred by the opposing party because of the
vexatious appeal or proceedings and must not exceed a reasonable
amount.
Sec.
2591. (1) Upon On the motion of any party, if a court
finds that a civil action or defense to a civil action was
frivolous, the court that conducts the civil action shall award to
the
prevailing party the costs and fees incurred by that the
prevailing party in connection with the civil action by assessing
the
costs and fees against the nonprevailing party and their the
nonprevailing party's attorney.
(2) The amount of costs and fees awarded under this section
shall
must include all reasonable costs actually incurred by
the
prevailing party and any costs allowed by law or by court rule,
including court costs and reasonable attorney fees.
(3) As used in this section:
(a) "Frivolous" means that at least 1 of the following
conditions is met:
(i) The party's primary purpose in initiating the action or
asserting the defense was to harass, embarrass, or injure the
prevailing party.
(ii) The party had no reasonable basis to believe that the
facts
underlying that the party's legal position were in fact true.
(iii) The party's legal position was devoid of arguable legal
merit.
(b)
"Prevailing party" means a either of the following, as
applicable:
(i) In an action in which a single cause of action is alleged,
the party who wins on the entire record.
(ii) In an action involving several issues or counts that
state different causes of action or different defenses, the party
prevailing on each issue or count as to that issue or count.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
