Violation of Rules MCL 7.219(I)

[jci63]

Michigan

Need some clarification please:

A defendant filed a Bill of Costs, Statement regarding bill of costs and certificate of service 30 days after the Courts Opinion.

Under MCL 7.219(B) it clearly states:
(B) Time for Filing. Within 28 days after the dispositive order, opinion, or order denying reconsideration is mailed, the prevailing party may file a certified or verified bill of costs with the clerk and serve a copy on all other parties. Each item claimed in the bill must be specified. Failure to file a bill of costs within the time prescribed waives the right to costs.

The Court Denied the Bill of Costs.


Heres the question:

How do I file a Bill of Costs for expenses due, because of the violation of the Court Rules?

Rule 7.219 Taxation of Costs; Fees

(I) Violation of Rules. The Court of Appeals may impose costs on a party or an attorney when in its discretion they should be assessed for violation of these rules.

 

[Ronin]

How do I file a Bill of Costs for expenses due, because of the violation of the Court Rules?

What costs are you hoping to recover? 7.219 is most likely intended as a sanction against those who inflate or have unjustified claims for costs and raise the costs of defending this for the other party. In these cases recoverable costs may include attorney fees directly associated with defending this and other actual costs. But pro se litigants are never entitled to the costs of their personal time and effort or any loss of income, but only the actual costs incurred.

A late filing (especially if only two days) of a Bill of Costs does not really constitute a sanctionable violation under this rule. Had they filed on time they would have been entitled to recover their costs from you. So you are off the hook on that, although the attorney may have some egg on his face for the late filing. This is money lost which would have gone back to his clients.

Given 7.219(I) states MAY rather than SHALL, it is pretty unlikely the court will move to sanction based upon this.

 

[jci63]

The actual costs incurred by filing my objection.

He violated the rules by not filing in 28 days....