REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2552 Witness fees; traveling expenses; attorneys as witnesses; incarcerated witness; inquests; per-mile rate of reimbursement.
Sec. 2552.
(1) A witness who attends any action or proceeding pending in a court of record shall be paid a witness fee of $12.00 for each day and $6.00 for each half day, or may be paid for his or her loss of working time but not more than $15.00 for each day shall be taxable as costs as his or her witness fee. Except as provided in sections 7 and 13 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 775.7 and 775.13, a witness shall be reimbursed as provided in subsection (5) for his or her traveling expenses in coming to the place of attendance and returning from the place of attendance, to be estimated from the residence of the witness, if his or her residence is within this state, or from the boundary line of this state that the witness passed in coming into this state, if his or her residence is out of this state.
(2) An attorney or counsel in any action or proceeding in which he or she may be interested as attorney or counsel shall not be paid any fee for attending as a witness in that action or proceeding.
(3) A witness who is incarcerated under sentence in a county jail or a state or federal correctional facility when he or she attends an action or proceeding shall not be paid a witness fee and shall not be reimbursed for traveling from or returning to the place where he or she is incarcerated.
(4) A witness who attends a proceeding before any person authorized to hold inquests on the view of dead bodies, or before any officer, person, or board authorized to take the examination of witnesses, shall be paid a witness fee of $12.00 for each day's attendance and $6.00 for each half day; and shall be reimbursed as provided in subsection (5) for his or her traveling expenses in that case in coming to the place of attendance and returning from the place of attendance, to be estimated from the residence of the witness, if his or her residence is within this state, or from the boundary line of this state that the witness passed in coming into this state, if his or her residence is out of this state.
(5) Beginning on the effective date of the amendatory act that added this subsection, the per-mile rate of reimbursement of traveling expenses for witnesses shall be the same as the per-mile rate of reimbursement of traveling expenses established by directives of the department of management and budget for state officers and unclassified employees of state agencies while engaged in the performance of state business, pursuant to section 217 of the management and budget act, 1984 PA 431, MCL 18.1217.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1966, Act 20, Eff. Jan. 1, 1967 ;-- Am. 1994, Act 154, Imd. Eff. June 13, 1994 ;-- Am. 2000, Act 85, Eff. Oct. 1, 2000
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1977–2023 · leading case:
Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008).
Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008).
· cites it 2× “2405(1); MCL 600.2552(1); MCL 600.2552(5), there is no statute or court rule allowing for the taxation of the traveling expenses of attorneys or parties.”
Van Elslander v. Thomas Sebold & Assocs., Inc., 823 N.W.2d 843 (Mich. Ct. App. 2012).
· cites it 3× “2405(1); MCL 600.2552(1); MCL 600.2552(5)[.]” 31 *219 Costs are taxable for Melvin’s court and preparation time in addition to his travel expenses.”
Cain v Dep't of Corr., 548 N.W.2d 210 (Mich. 1996).
· cites it 2× “§ 600.2552; M.S.A. § 27A.2552. On October 7, 1993, at a hearing on the issue, Judge Giddings decided that the prisoners were entitled to receive their statutory witness fee of $12 a day.”
Spurling v. Battista, 256 N.W.2d 788 (Mich. Ct. App. 1977).
· cites it 8× “[1] Subsequently, G & K filed a motion for witness fees pursuant to MCLA 600.2552; MSA 27A.2552, seeking compensation for loss of working time.”
Ron Vanalstine v. Land O'Lakes Purina Feeds LLC, 929 N.W.2d 789 (Mich. Ct. App. 2018).
“00 each for four depositions, but, after plaintiffs pointed out that each of the four depositions *655 only lasted half of a day, defendant agreed that the correct amount was $6.”
Dupree v. Malpractice Rsch., Inc, 445 N.W.2d 498 (Mich. Ct. App. 1989).
“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. Section 2164(1) gives the…”
In re Forfeiture of $10,780, 450 N.W.2d 93 (Mich. Ct. App. 1989).
“Nor do we find any authority for the trial judge to award witness fees in excess of those provided in MCL 600.2552(1); MSA 27A.2552(1) in the amount of $15 per day.”
Eaddy v. Garden City Osteopathic Hosp., 394 N.W.2d 99 (Mich. Ct. App. 1986).
· cites it 2× “2164 gives to the court the discretion to determine whether a witness is qualified as an expert and is thus entitled to fees in excess of the fees set for lay witnesses under MCL 600.2552; MSA 27A.2552. Strzelecki v Blaser’s Lakeside Industries of Rice Lake, Inc, 133 Mich App…”
Dep't of Soc. Servs. v. Arden, 265 N.W.2d 91 (Mich. Ct. App. 1978).
· cites it 2× “236 of the Public Acts of 1961, as amended, being section 600.2552 of the Compiled Laws of 1948.”
Glover v. Ralph Meyers Trucking, Inc., 569 N.W.2d 898 (Mich. Ct. App. 1997).
“” The rate of that fee is provided in MCL 600.2552(1); MSA 27A.2552(1), which states: “Witnesses shall receive for attending in any suit or proceeding pending in a court of record, $12.”
— Mich. Comp. Laws § 600.2552(1) — 8 cases
Van Elslander v. Thomas Sebold & Assocs., Inc., 823 N.W.2d 843 (Mich. Ct. App. 2012).
“2405(1); MCL 600.2552(1); MCL 600.2552(5)[.]” 31 *219 Costs are taxable for Melvin’s court and preparation time in addition to his travel expenses.”
Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008).
“2405(1); MCL 600.2552(1); MCL 600.2552(5), there is no statute or court rule allowing for the taxation of the traveling expenses of attorneys or parties.”
Ron Vanalstine v. Land O'Lakes Purina Feeds LLC, 929 N.W.2d 789 (Mich. Ct. App. 2018).
“00 each for four depositions, but, after plaintiffs pointed out that each of the four depositions *655 only lasted half of a day, defendant agreed that the correct amount was $6.”
In re Forfeiture of $10,780, 450 N.W.2d 93 (Mich. Ct. App. 1989).
“Nor do we find any authority for the trial judge to award witness fees in excess of those provided in MCL 600.2552(1); MSA 27A.2552(1) in the amount of $15 per day.”
— Mich. Comp. Laws § 600.2552(2) — 1 case
Spurling v. Battista, 256 N.W.2d 788 (Mich. Ct. App. 1977).
“[1] Subsequently, G & K filed a motion for witness fees pursuant to MCLA 600.2552; MSA 27A.2552, seeking compensation for loss of working time.”
— Mich. Comp. Laws § 600.2552(5) — 4 cases
Guerrero v. Smith, 761 N.W.2d 723 (Mich. Ct. App. 2008).
“2405(1); MCL 600.2552(1); MCL 600.2552(5), there is no statute or court rule allowing for the taxation of the traveling expenses of attorneys or parties.”
Van Elslander v. Thomas Sebold & Assocs., Inc., 823 N.W.2d 843 (Mich. Ct. App. 2012).
“2405(1); MCL 600.2552(1); MCL 600.2552(5)[.]” 31 *219 Costs are taxable for Melvin’s court and preparation time in addition to his travel expenses.”
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