Michigan House Bill HB6073

Michigan 2023-2024 Regular Session

• Introduced: 11/12/24
• Refer: 11/12/24

Caption

Civil procedure: costs and fees; recovery of costs and fees in an action involving this state; remove certain restrictions. Amends secs. 2421b, 2421c, 2421d & 2421e of 1961 PA 236 (MCL 600.2421b et seq.). TIE BAR WITH: HB 6072'24

Summary

House Bill 6073 amends the Revised Judicature Act of 1961, primarily focusing on the recovery of costs and fees in civil actions involving the state of Michigan. The bill seeks to clarify and expand the definitions of what constitutes 'costs and fees', ensuring that prevailing parties in civil actions can recover reasonable expenses, including expert witness fees and attorney costs. This modification aims to provide a more equitable system for parties involved in litigation against the state, particularly in cases where the state prevails but has not demonstrated a justifiable position.  One significant aspect of HB6073 is its provision for actions brought by or against the state. The bill stipulates that courts shall award costs and fees to the prevailing party unless the state can prove that its position was substantially justifiable. This change addresses concerns about fairness and the financial burden that could be imposed on plaintiffs when engaging in legal actions against state agencies. The bill also outlines specific actions to which these provisions apply, particularly in less common situations like illegal gambling and child welfare cases. The impact of this legislation could fundamentally change the landscape for legal disputes involving the state. By making it easier for prevailing parties to recover their costs, the bill aims to encourage individuals and organizations to pursue legitimate claims without the fear of incurring overwhelming legal fees, potentially fostering a more balanced relationship between the state and its constituents. However, the change might also lead to an increase in litigation against the state, as plaintiffs may be motivated by the prospect of recovering their legal costs. Despite the intention behind HB6073, it has garnered some controversy. Critics argue that the provisions may lead to an increase in frivolous lawsuits aimed at the state, where parties might seek to exploit the cost recovery mechanism for financial gain. Supporters counter that these safeguards are necessary to prevent the state from acting without accountability, emphasizing the importance of fairness in civil litigation. Ultimately, this bill represents significant progress in civil procedures in Michigan, reshaping how individuals interact with state judicial systems.