Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2164 (2026)

Expert witnesses; fees; contempt for excessive fees; number; application of section.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2164 Expert witnesses; fees; contempt for excessive fees; number; application of section.

Sec. 2164.

    (1) No expert witness shall be paid, or receive as compensation in any given case for his services as such, a sum in excess of the ordinary witness fees provided by law, unless the court before whom such witness is to appear, or has appeared, awards a larger sum, which sum may be taxed as a part of the taxable costs in the case. Any such witness who shall directly or indirectly receive a larger amount than such award, and any person who shall pay such witness a larger sum than such award, shall be guilty of contempt of court, and on conviction thereof be punished accordingly.

    (2) No more than 3 experts shall be allowed to testify on either side as to the same issue in any given case, unless the court trying such case, in its discretion, permits an additional number of witnesses to testify as experts.

    (3) The provisions of this section shall not be applicable to witnesses testifying to the established facts, or deductions of science, nor to any other specific facts, but only to witnesses testifying to matters of opinion.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions
Cited in 44 cases (9 in the last 5 years), 1970–2026 · leading case: Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008).
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Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008). · cites it 7× “Defendants respond by arguing that Setla was an “expert witness” and that the “Investigator Costs” were therefore taxable pursuant to MCL 600.2164. It is true that “MCL 600.2164(1) authorizes a trial court to award expert witness fees as an element of taxable costs.”
Van Elslander v. Thomas Sebold & Assocs., Inc., 823 N.W.2d 843 (Mich. Ct. App. 2012). · cites it 4× “Rickwalt v Richfield Lakes Corp, 246 Mich App 450, 466 ; 633 NW2d 418 (2001), citing MCL 600.2164(1). MCL 600.2164(3). Guerrero, 280 Mich App at 672 .”
Michigan Citizens for Water Conservation v. Nestlé Waters North Am. Inc, 709 N.W.2d 174 (Mich. Ct. App. 2006). · cites it 4× “On December 8, 2003, plaintiffs moved for costs under MCL 600.2164 and MCL 324.1703(3). At a May 7, 2004, hearing, the trial court awarded costs to plaintiffs, as prevailing parties, in the amount of $122,212.”
Spine Specialists of Michigan, PC v. State Farm Mut. Auto. Ins. Co., 894 N.W.2d 749 (Mich. Ct. App. 2016). · cites it 3× “Nor does this case implicate MCL 600.2164(1), which “authorizes a trial court to award expert witness fees as an element of taxable costs.”
People v. Greene, 661 N.W.2d 616 (Mich. Ct. App. 2003). · cites it 2× “§ 600.2164, or court rule. (3) A person shall not do any of the following by threat or intimidation: (a) Discourage or attempt to discourage any individual from attending a present or future official proceeding as a witness, testifying at a present or future official proceeding,…”
Peterson v. Fertel, 770 N.W.2d 47 (Mich. Ct. App. 2009). · cites it 2× “As the Court in Herrera explained: The language “is to appear” in [MCL 600.2164] applies to the situation at bar in which the case was dismissed before defendant had a chance to call its proposed expert witnesses at trial.”
Nostrant v. Chez Ami, Inc, 525 N.W.2d 470 (Mich. Ct. App. 1994). · cites it 4× “405(D)(3) and expert witness fees in excess of the ordinary witness fees provided by law under MCL 600.2164; MSA 27A.2164. We reverse and remand to the trial court.”
Kernen v. Homestead Dev. Co., 653 N.W.2d 634 (Mich. Ct. App. 2002). “However, pursuant to MCL 600.2164, the trial court awarded defendant fees related to experts used in preparation for trial.”
Herrera v. Levine, 439 N.W.2d 378 (Mich. Ct. App. 1989). · cites it 2× “...... $ 20.00 (2) Motion fees (pursuant to MCL 600.”
Elia v. Hazen, 619 N.W.2d 1 (Mich. Ct. App. 2000). · cites it 2× “Therefore, the trial court lacked discretion to refuse to award expert witness fees on the ground that there was noncompliance with the terms set forth in the pretrial scheduling order.”
Rickwalt v. Richfield Lakes Corp., 633 N.W.2d 418 (Mich. Ct. App. 2001). “MCL 600.2164(1) authorizes a trial court to award expert witness fees as an element of taxable costs.”
Luidens v. 63rd Dist. Court, 555 N.W.2d 709 (Mich. Ct. App. 1996). “Expert witness fees are taxable under MCL 600.2164; MSA 27A.2164. The record does not indicate the trial court’s basis for rejecting these fees or the remainder of the county’s request for taxable costs, e.”
Show all 44 citing cases →
— Mich. Comp. Laws § 600.2164(1) — 16 cases
Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008). “Defendants respond by arguing that Setla was an “expert witness” and that the “Investigator Costs” were therefore taxable pursuant to MCL 600.2164. It is true that “MCL 600.2164(1) authorizes a trial court to award expert witness fees as an element of taxable costs.”
Spine Specialists of Michigan, PC v. State Farm Mut. Auto. Ins. Co., 894 N.W.2d 749 (Mich. Ct. App. 2016). “Nor does this case implicate MCL 600.2164(1), which “authorizes a trial court to award expert witness fees as an element of taxable costs.”
Van Elslander v. Thomas Sebold & Assocs., Inc., 823 N.W.2d 843 (Mich. Ct. App. 2012). “Rickwalt v Richfield Lakes Corp, 246 Mich App 450, 466 ; 633 NW2d 418 (2001), citing MCL 600.2164(1). MCL 600.2164(3). Guerrero, 280 Mich App at 672 .”
Rickwalt v. Richfield Lakes Corp., 633 N.W.2d 418 (Mich. Ct. App. 2001). “MCL 600.2164(1) authorizes a trial court to award expert witness fees as an element of taxable costs.”
Peterson v. Fertel, 770 N.W.2d 47 (Mich. Ct. App. 2009). “As the Court in Herrera explained: The language “is to appear” in [MCL 600.2164] applies to the situation at bar in which the case was dismissed before defendant had a chance to call its proposed expert witnesses at trial.”
— Mich. Comp. Laws § 600.2164(2) — 4 cases
Bradbury v. Ford Motor Co., 333 N.W.2d 214 (Mich. Ct. App. 1983).
Indep. Bank v. Hammel Assocs., LLC, 836 N.W.2d 737 (Mich. Ct. App. 2013).
Thomas E Jezierski v. Clarendon Nat'l Ins. Co. (Mich. Ct. App. 2023).
Sanderson v. Wright (E.D. Mich. 2019).
— Mich. Comp. Laws § 600.2164(3) — 6 cases
Van Elslander v. Thomas Sebold & Assocs., Inc., 823 N.W.2d 843 (Mich. Ct. App. 2012). “Rickwalt v Richfield Lakes Corp, 246 Mich App 450, 466 ; 633 NW2d 418 (2001), citing MCL 600.2164(1). MCL 600.2164(3). Guerrero, 280 Mich App at 672 .”
Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008). “Defendants respond by arguing that Setla was an “expert witness” and that the “Investigator Costs” were therefore taxable pursuant to MCL 600.2164. It is true that “MCL 600.2164(1) authorizes a trial court to award expert witness fees as an element of taxable costs.”
Spine Specialists of Michigan, PC v. State Farm Mut. Auto. Ins. Co., 894 N.W.2d 749 (Mich. Ct. App. 2016). “Nor does this case implicate MCL 600.2164(1), which “authorizes a trial court to award expert witness fees as an element of taxable costs.”
Century Dodge, Inc. v. Chrysler Corp., 398 N.W.2d 1 (Mich. Ct. App. 1986).
20231207_C359082_69_359082.Opn.Pdf (Mich. Ct. App. 2023).
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