Loading chat...
MI SB1182
Bill
Status
11/8/2018
Primary Sponsor
Michael Shirkey
Click for details
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