Mich. Ct. R. 7.219

As amended through December 14, 2022
Rule 7.219 - Taxation of Costs; Fees

(A) Right to Costs. Except as the Court of Appeals otherwise directs, the prevailing party in a civil case is entitled to costs.

(B) Time for Filing. Within 28 days after the dispositive order, opinion, or order denying reconsideration is mailed, the prevailing party may file a certified or verified bill of costs with the clerk and serve a copy on all other parties. Each item claimed in the bill must be specified. Failure to file a bill of costs within the time prescribed waives the right to costs.

(C) Objections. Any other party may file objections to the bill of costs with the clerk within 7 days after a copy of the bill is served. The objecting party must serve a copy of the objections on the prevailing party and file proof of that service.

(D) Taxation. The clerk will promptly verify the bill and tax those costs allowable.

(E) Review. The action by the clerk will be reviewed by the Court of Appeals on motion of either party filed within 7 days from the date of taxation, but on review only those affidavits or objections which were previously filed with the clerk may be considered by the court.

(F) Costs Taxable. A prevailing party may tax only the reasonable costs incurred in the Court of Appeals, including:

(1) printing of briefs, or if briefs were typewritten, a charge of $1 per original page;

(2) any appeal or stay bond;

(3) the transcript and necessary copies of it;

(4) documents required for the record on appeal;

(5) fees paid to the clerk or to the trial court clerk incident to the appeal;

(6) taxable costs allowed by law in appeals to the Supreme Court (MCL 600.2441 ); and

(7) other expenses taxable under applicable court rules.

(G) Fees Paid to Clerk. The clerk shall collect the following fees, which may be taxed as costs:

(1) the fee required by law for a claim of appeal, application for leave to appeal, application for delayed appeal, original complaint, or motion;

(2) 50¢ per page for a certified copy of a paper from a public record;

(3) $5 for certified docket entries;

(4) $1 per document for certification of a copy presented to the clerk; and

(5) 50¢ per page for a copy of an opinion; however, one copy must be given without charge to each party in a case.

A person who is unable to pay a filing fee may ask the court to waive the fee by filing a motion and an affidavit disclosing the reason for the inability.

(H) Rule Applicable. Except as provided in this rule, MCR 2.625 applies generally to taxation of costs in the Court of Appeals.

(I) Violation of Rules. The Court of Appeals may impose costs on a party or an attorney when in its discretion they should be assessed for violation of these rules.

Mich. Ct. R. 7.219