Opinion
00-06.
April 3, 2001.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 2.625 of the Michigan Court Rules is adopted, to be effective July 1, 2001.
[The present language is amended as indicated below.]
Rule 2.625 Taxation of Costs
(A) — (E) [Unchanged.]
(F) Procedure for Taxing Costs.
(1) Costs may be taxed by the court on signing the judgment, or may be taxed by the clerk as provided in this subrule.
(2) When costs are to be taxed by the clerk, the party entitled to costs must present to the clerk, within 28 days after the judgment is signed, or within 28 days after entry of an order denying a motion for new trial, a motionorto set aside the judgment, or a motion for other postjudgment relief except a motion under MCR 2.612(C) ,present to the clerk
(a) a bill of costs conforming to subrule (G),
(b) a copy of the bill of costs for each other party, and
(c) a list of the names and addresses of the attorneys for each party or of parties not represented by attorneys.
In addition, the party presenting the bill of costs shall immediately serve a copy of the bill and any accompanying affidavits on the other parties. Failure to present a bill of costs within the time prescribed constitutes a waiver of the right to costs.
(3) — (4) [Unchanged.]
(G) — (I) [Unchanged.]
Staff Comment: The April 3, 2001 amendment of MCR 2.625(F)(2), effective July 1, 2001, expanded the categories of postjudgment motions that extend the initial 28-day deadline for presenting a bill of costs. An exception is a motion under MCR 2.612(C), which does not extend the deadline.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.