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MI SB1182

Bill

Status

Introduced

11/8/2018

Primary Sponsor

Michael Shirkey

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Origin

Senate

99th Legislature

AI Summary

Senate Bill 1182 Summary

  • Requires courts to award attorney fees to the prevailing party in civil actions, except where otherwise provided by law or agreed to by parties.

  • For cases with money judgments, awards fees based on judgment amount with tiered percentages: 20% for contested trials on amounts ≤$25,000; 10% plus declining percentages for larger amounts; lower percentages for uncontested cases and default judgments.

  • For cases without money judgments, awards 30% of reasonable actual attorney fees if trial held or 20% if trial not held, including fees for work delegated to paralegals, investigators, or law clerks.

  • Allows courts to vary fee awards based on 11 enumerated factors including litigation complexity, reasonableness of claims and defenses, bad-faith conduct, and whether fees would deter similar litigants.

  • Requires attorney fee motions filed within 10 days of judgment; does not apply to small claims division cases unless removed from that division.

Legislative Description

Civil procedure; costs and fees; attorney fees; require award to prevailing party. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2443.

Civil procedure: civil actions

Last Action

Referred To Committee On Judiciary

11/8/2018

Committee Referrals

Judiciary11/8/2018

Full Bill Text

No bill text available