REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.6449 Costs; security for costs on appeal.
Sec. 6449.
(1) If the state shall put in issue the right of claimant to recover, the court may allow costs to the prevailing party from the time of the joining of the issue. The costs, however, shall include only witness fees and officers' fees for service of subpoenas actually paid, and attorney fees in the same amount as is provided for trial of cases in circuit court.
(2) Costs upon an appeal to the court of appeals shall be allowed in like amounts and for the same items as in a case appealed to the court of appeals from the circuit court.
(3) In the case of costs allowed against a claimant, judgment shall be entered thereon and writs of execution or garnishment may issue as from the circuit court.
(4) In the event of an appeal to the court of appeals by a claimant the judge may, upon motion by the attorney general, require security for costs from the claimant in connection with such an appeal.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1984, Act 212, Imd. Eff. July 9, 1984
Notes of Decisions
Sweetman v. State High. Dep't, 357 N.W.2d 783 (Mich. Ct. App. 1984).
· cites it 2× “The court did not err in refusing to tax costs for depositions, MCL 600.6449(1); MSA 27A.6449(1), but erred in refusing to permit taxation of costs for expert witness fees.”
Brown v. Dep't of State Highways, 337 N.W.2d 76 (Mich. Ct. App. 1983).
· cites it 4× “6449(1), which provides: "If the state shall put in issue the right of claimant to recover, the court may, in its discretion, allow costs *397 to the prevailing party from the time of the joining of such issue. Such costs, however, shall include only witness fees and officers’…”
Nayir Masrur v. Univ. of Michigan Regents, 999 N.W.2d 55 (Mich. Ct. App. 2022).
“We reverse the trial court’s order denying defendants’ motion for reconsideration, and therefore reverse its order denying defendants’ motion for summary disposition, and remand for entry of an order granting summary disposition in favor of defendants.”
Mich. Comp. Laws § 600.6449(1): 2 cases
Sweetman v. State High. Dep't, 357 N.W.2d 783 (Mich. Ct. App. 1984).
“The court did not err in refusing to tax costs for depositions, MCL 600.6449(1); MSA 27A.6449(1), but erred in refusing to permit taxation of costs for expert witness fees.”
Brown v. Dep't of State Highways, 337 N.W.2d 76 (Mich. Ct. App. 1983).
“6449(1), which provides: "If the state shall put in issue the right of claimant to recover, the court may, in its discretion, allow costs *397 to the prevailing party from the time of the joining of such issue. Such costs, however, shall include only witness fees and officers’…”
Mich. Comp. Laws § 600.6449(2): 1 case
Nayir Masrur v. Univ. of Michigan Regents, 999 N.W.2d 55 (Mich. Ct. App. 2022).
“We reverse the trial court’s order denying defendants’ motion for reconsideration, and therefore reverse its order denying defendants’ motion for summary disposition, and remand for entry of an order granting summary disposition in favor of defendants.”
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