Section 600.2591 - Frivolous civil action or defense to civil action; awarding costs and fees to prevailing party; definitions(1) Upon motion of any party, if a court finds that a civil action or defense to a civil action was frivolous, the court that conducts the civil action shall award to the prevailing party the costs and fees incurred by that party in connection with the civil action by assessing the costs and fees against the nonprevailing party and their attorney.(2) The amount of costs and fees awarded under this section shall include all reasonable costs actually incurred by the prevailing party and any costs allowed by law or by court rule, including court costs and reasonable attorney fees.(3) As used in this section: (a) "Frivolous" means that at least 1 of the following conditions is met:(i) The party's primary purpose in initiating the action or asserting the defense was to harass, embarrass, or injure the prevailing party.(ii) The party had no reasonable basis to believe that the facts underlying that party's legal position were in fact true.(iii) The party's legal position was devoid of arguable legal merit.(b) "Prevailing party" means a party who wins on the entire record.Add. 1986, Act 178, Eff. 10/1/1986.