SENATE BILL NO. 119


   January 27, 1999, Introduced by Senators STEIL, GOUGEON, JAYE,
        SCHWARZ, GOSCHKA, SIKKEMA, BENNETT and MC MANUS and 
        referred to the Committee on Judiciary.



        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2402.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2402.  (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS

 2    ACT, THE COURT SHALL AWARD COSTS AS ALLOWED BY STATUTE OR COURT

 3    RULE AND ATTORNEY FEES TO THE PREVAILING PARTY IN A CIVIL

 4    ACTION.

 5         (2) IF THERE IS NO PREVAILING PARTY, THE JUDGE MAY AWARD

 6    COSTS AS ALLOWED BY STATUTE OR COURT RULE AND ATTORNEY FEES TO

 7    THE PARTY WHO PREVAILS ON 1 OR MORE ISSUES.

 8         (3) THE COURT MAY LIMIT THE COSTS OR FEES RECOVERED UNDER

 9    SUBSECTION (1) IF THE COURT DETERMINES THE PAYMENT OF COSTS OR

10    FEES IS UNJUST.




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 1         (4) EACH COUNSEL OF RECORD IN A CIVIL ACTION BROUGHT IN A

 2    COURT IN THIS STATE SHALL MAINTAIN ACCURATE, UP-TO-DATE RECORDS

 3    OF HOURS WORKED ON THE MATTER REGARDLESS OF THE FEE ARRANGEMENT

 4    WITH HIS OR HER CLIENT.

 5         (5) AS USED IN THIS SECTION, "PREVAILING PARTY" MEANS:

 6         (A) IN AN ACTION INVOLVING SEVERAL REMEDIES OR ISSUES OR

 7    MULTIPLE COUNTS THAT STATE DIFFERENT CAUSES OF ACTION OR

 8    DEFENSES, THE PARTY PREVAILING ON EVERY REMEDY, ISSUE, OR COUNT.

 9         (B) IN AN ACTION INVOLVING ONLY 1 ISSUE OR COUNT STATING

10    ONLY 1 CAUSE OF ACTION OR DEFENSE, THE PARTY PREVAILING ON THE

11    ENTIRE RECORD.

12         Enacting section 1.  This amendatory act takes effect

13    January 1, 2001.































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