Michigan Compiled Laws

Mich. Comp. Laws § 600.2591 (2026)

Frivolous civil action or defense to civil action; awarding costs and fees to prevailing party; definitions.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2591 Frivolous civil action or defense to civil action; awarding costs and fees to prevailing party; definitions.

Sec. 2591.

(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.

History: Add. 1986, Act 178, Eff. Oct. 1, 1986

Compiler's Notes:

Section 3 of Act 178 of 1986 provides:

“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.

“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.

“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.

“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.

“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.

“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”

Notes of Decisions

Cited in 403 cases (117 in the last 5 years), 1989–2026 · leading case: Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012).

Sort: Relevance Newest Treatment

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). · cites it 27× “625(A)(2), and MCL 600.2591. On this basis, the circuit court awarded plaintiff $153.”

the Meisner Law Grp. v. Weston Downs Condo. Ass'n, 909 N.W.2d 890 (Mich. Ct. App. 2017). · cites it 10× “625(A)(2), and MCL 600.2591. Thereafter, plaintiff filed, on November 2, 2015, a first amended complaint with minor editorial changes from the original complaint.”

In Re Costs & Attorney Fees, 645 N.W.2d 697 (Mich. Ct. App. 2002). · cites it 12× “MCL 600.2591 [1] states: (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…”

Bronson Health Care Grp. Inc v. Titan Ins. Co., 887 N.W.2d 205 (Mich. Ct. App. 2016). · cites it 9× “3142 and for attorney fees and costs from Titan under MCL 600.2591. Because defendant failed to comply with MCL 500.”

In Re Attorney Fees & Costs, 593 N.W.2d 589 (Mich. Ct. App. 1999). · cites it 21× “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 *593 assessing the costs and fees against the nonprevailing party and their attorney.”

Fette v. Peters Constr. Co, 871 N.W.2d 877 (Mich. Ct. App. 2015). · cites it 9× “” Robert A Hansen Family Trust v FGH Indus, LLC, 279 Mich App 468, 486 ; 760 NW2d 526 (2008); see also MCL 600.2591. In determining whether a claim was frivolous, courts look at the circumstances at the time the claim was asserted.”

46th Circuit Trial Court v. Crawford Cnty., 702 N.W.2d 588 (Mich. Ct. App. 2005). · cites it 16× “625(A)(2) and MCL 600.2591 [65] as follows: (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…”

Bj's & Sons Const. Co., Inc. v. Van Sickle, 700 N.W.2d 432 (Mich. Ct. App. 2005). · cites it 10× “SANCTIONS UNDER MCL 600.2591 AND THE MICHIGAN COURT RULES Under Michigan law, a party that maintains a frivolous suit or asserts frivolous defenses is subject to sanctions under applicable statutes and court rules.”

Louya v. William Beaumont Hosp., 475 N.W.2d 434 (Mich. Ct. App. 1991). · cites it 16× “Andrew Check on its finding that the lawsuit was frivolous within the meaning of MCL 600.2591; MSA 27A.2591. Attorney Malizia appeals as of right.”

1300 Lafayette East Coop., Inc v. Savoy, 773 N.W.2d 57 (Mich. Ct. App. 2009). · cites it 6× “625(A)(2) provides that “if the court finds on motion of a party that an action or defense was frivolous, costs shall be awarded as provided by MCL 600.2591.” Similarly, MCL 600.2591 provides: (1) Upon motion of any party, if a court finds that a civil action or defense to a…”

FMB-First Michigan Bank v. Bailey, 591 N.W.2d 676 (Mich. Ct. App. 1998). · cites it 11× “114, and the Legislature has enacted MCL 600.2591; MSA 27A.2591. MCR 2.114(D) provides: Effect of Signature.”

Holton v. Ward, 847 N.W.2d 1 (Mich. Ct. App. 2014). · cites it 6× “an action or defense was frivolous, costs shall be awarded as provided by MCL 600.2591.” MCL 600.2591(1) mandates that, if a claim or defense is found to be frivolous, “the court.”

Show all 403 citing cases →

— Mich. Comp. Laws § 600.2591(1) — 121 cases

Keinz v. Keinz, 799 N.W.2d 576 (Mich. Ct. App. 2010).

the Meisner Law Grp. v. Weston Downs Condo. Ass'n, 909 N.W.2d 890 (Mich. Ct. App. 2017). “625(A)(2), and MCL 600.2591. Thereafter, plaintiff filed, on November 2, 2015, a first amended complaint with minor editorial changes from the original complaint.”

Kaeb v. Kaeb, 873 N.W.2d 319 (Mich. Ct. App. 2015).

People v. Herrera, 514 N.W.2d 543 (Mich. Ct. App. 1994).

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). “625(A)(2), and MCL 600.2591. On this basis, the circuit court awarded plaintiff $153.”

— Mich. Comp. Laws § 600.2591(1)(a)(iii) — 1 case

Kristen Karr v. Karen D McDonald (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 600.2591(2) — 32 cases

Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002).

FMB-First Michigan Bank v. Bailey, 591 N.W.2d 676 (Mich. Ct. App. 1998). “114, and the Legislature has enacted MCL 600.2591; MSA 27A.2591. MCR 2.114(D) provides: Effect of Signature.”

46th Circuit Trial Court v. Crawford Cnty., 702 N.W.2d 588 (Mich. Ct. App. 2005). “625(A)(2) and MCL 600.2591 [65] as follows: (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…”

In Re Costs & Attorney Fees, 645 N.W.2d 697 (Mich. Ct. App. 2002). “MCL 600.2591 [1] states: (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…”

Fraser Trebilock Davis & Dunlap, PC v. Boyce Trust 2350, 304 Mich. App. 174 (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 600.2591(23) — 1 case

Lac v. Gls (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 600.2591(3) — 41 cases

Bj's & Sons Const. Co., Inc. v. Van Sickle, 700 N.W.2d 432 (Mich. Ct. App. 2005). “SANCTIONS UNDER MCL 600.2591 AND THE MICHIGAN COURT RULES Under Michigan law, a party that maintains a frivolous suit or asserts frivolous defenses is subject to sanctions under applicable statutes and court rules.”

Kitchen v. Kitchen, 641 N.W.2d 245 (Mich. 2002).

1300 Lafayette East Coop., Inc v. Savoy, 773 N.W.2d 57 (Mich. Ct. App. 2009). “625(A)(2) provides that “if the court finds on motion of a party that an action or defense was frivolous, costs shall be awarded as provided by MCL 600.2591.” Similarly, MCL 600.2591 provides: (1) Upon motion of any party, if a court finds that a civil action or defense to a…”

Bronson Health Care Grp. Inc v. Titan Ins. Co., 887 N.W.2d 205 (Mich. Ct. App. 2016). “3142 and for attorney fees and costs from Titan under MCL 600.2591. Because defendant failed to comply with MCL 500.”

— Mich. Comp. Laws § 600.2591(3)(a) — 105 cases

Grass Lake Improvement Bd. v. Dep't of Env't Quality, 891 N.W.2d 884 (Mich. Ct. App. 2016).

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). “625(A)(2), and MCL 600.2591. On this basis, the circuit court awarded plaintiff $153.”

Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002).

— Mich. Comp. Laws § 600.2591(3)(a)(b) — 1 case

City of Wayne v. Anthony Wayne Miller (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 600.2591(3)(a)(i) — 37 cases

Holton v. Ward, 847 N.W.2d 1 (Mich. Ct. App. 2014). “an action or defense was frivolous, costs shall be awarded as provided by MCL 600.2591.” MCL 600.2591(1) mandates that, if a claim or defense is found to be frivolous, “the court.”

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). “625(A)(2), and MCL 600.2591. On this basis, the circuit court awarded plaintiff $153.”

Auto-Owners Ins. Co. v. Ferwerda Enter., Inc., 784 N.W.2d 44 (Mich. 2010).

in Re Robert Winfield Cederquist Revocable Trust (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 600.2591(3)(a)(ii) — 48 cases

In Re Attorney Fees & Costs, 593 N.W.2d 589 (Mich. Ct. App. 1999). “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 *593 assessing the costs and fees against the nonprevailing party and their attorney.”

Louya v. William Beaumont Hosp., 475 N.W.2d 434 (Mich. Ct. App. 1991). “Andrew Check on its finding that the lawsuit was frivolous within the meaning of MCL 600.2591; MSA 27A.2591. Attorney Malizia appeals as of right.”

Davids v. Davis, 445 N.W.2d 460 (Mich. Ct. App. 1989).

Powell Prod., Inc. v. Jackhill Oil Co., 645 N.W.2d 697 (Mich. Ct. App. 2002).

— Mich. Comp. Laws § 600.2591(3)(a)(iii) — 42 cases

Lakeside Oakland Dev., LC v. H & J Beef Co., 644 N.W.2d 765 (Mich. Ct. App. 2002).

Cvengros v. Farm Bureau Ins., 548 N.W.2d 698 (Mich. Ct. App. 1996).

— Mich. Comp. Laws § 600.2591(3)(b) — 22 cases

Meagher v. Wayne State Univ., 565 N.W.2d 401 (Mich. Ct. App. 1997).

Quatrine v. MacKinaw City Pub. Schs., 514 N.W.2d 254 (Mich. Ct. App. 1994).

Duncan P Howard v. Civil Serv. Comm'n (Mich. Ct. App. 2016).

Betty Warnecke v. Jeff White (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 600.2591(3)(i) — 1 case

Hooper Hathaway Pc v. Atlas Tech. LLC (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 600.2591(3)(ii) — 2 cases

Scott D Norton v. Traci Nelson (Mich. Ct. App. 2017).

Nadine Mathes v. Robert Kenneth Steele Jr (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 600.2591(3)(iii) — 3 cases

Travelers Ins. v. U-Haul of Michigan, Inc, 597 N.W.2d 235 (Mich. Ct. App. 1999).

Scott D Norton v. Traci Nelson (Mich. Ct. App. 2017).

Hooper Hathaway Pc v. Atlas Tech. LLC (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 600.2591(A) — 1 case

Eric W Koopmans v. Rk Jewelers LLC (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 600.2591(A)(2) — 1 case

Eric W Koopmans v. Rk Jewelers LLC (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 600.2591(a)(i) — 1 case

Lorey Lorraine Johnson v. James Edward Johnson (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 600.2591(a)(ii) — 1 case

Renee Swain v. Michael Morse (Mich. Ct. App. 2020).

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