HOUSE BILL No. 4726


     May 3, 2001, Introduced by Rep. Jamnick and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 5759 (MCL 600.5759).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 5759.  (1) In proceedings under this chapter, costs may

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      be allowed in the same amounts as are provided by law in other

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      civil actions in the same court, except that the costs provided

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      by section 2441 shall not apply.  The court may also allow as

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      taxable costs an amount not exceeding the following:

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           (a) For a motion  which  THAT results in dismissal or judg-

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      ment, $20.00.

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           (b) For a judgment taken by default,  $15.00  $75.00.

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           (c) For the trial of a claim for possession only, $20.00.

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           (d) For the trial of a claim for damages only, $20.00.




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           (e) For a trial including both a claim for possession and a

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      claim for money judgment,  $30.00  $150.00.

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           (2) In determining taxable costs in tenancy cases, the judge

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      shall take into consideration whether the jury or judge found

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      that a portion of the rent allegedly due to the plaintiff was

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      excused by reason of the plaintiff's breach of the lease or

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      breach of his OR HER statutory covenants.










































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