CIVIL ACTION: ALLOWABLE COSTS - H.B. 4618 (H-2): COMMITTEE SUMMARY


House Bill 4618 (Substitute H-2 as passed by the House)

Sponsor: Representative Rick Johnson

House Committee: Family and Civil Law

Senate Committee: Judiciary


Date Completed: 11-2-99


CONTENT


The bill would amend the Revised Judicature Act (RJA) to increase certain allowable costs in civil actions or special proceedings in the circuit court, whether heard as an original proceeding or on appeal. (Under the RJA, the specified amounts must be allowed as costs in addition to other costs, unless the court directs otherwise.)


The bill would increase from $30 to $200 costs allowed for the trial of an action or proceeding. In addition, the RJA provides that, in actions in which judgment is taken by default or upon cognovit (that is, upon the defendant's confession), allowable costs are $15. The bill would retain that amount for an action in which a confession of judgment was entered, but would allow costs of $100 in an action in which a default judgment or consent judgment was entered.


The bill would take effect on January 1, 2000.


MCL 600.2441 - Legislative Analyst: P. Affholter


FISCAL IMPACT


The bill would have an indeterminate impact on the State and local units of government. Revenue received or costs incurred would depend on the number of cases in which the State or a local unit of government was involved and whether the State or local unit was the prevailing party.


- Fiscal Analyst: B. BowermanS9900\s4618sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.