Rule 7.219 - [Effective 1/1/2025] Taxation of Costs; Fees(A) Right to Costs. Except as the Court of Appeals otherwise directs, the prevailing party in a civil case is entitled to costs.(B) Time for Filing. Within 49 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 Court of Appeals clerk and serve a copy on all other parties. If the Supreme Court reverses the decision of the Court of Appeals, then within 28 days of the Supreme Court decision, the new prevailing party may file a certified or verified bill of costs with the Court of Appeals 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.(C) Objections. Any other party may file objections to the bill of costs with the clerk within seven days after a copy of the bill is served. The objecting party must serve a copy of the objections on the prevailing party and file proof of that service.(D) Taxation. The clerk will promptly verify the bill and tax those costs allowable.(E) Stay of Collecting Taxed Costs. The clerk must stay the enforcement of an award taxing costs until expiration of the time for filing an application for leave to appeal in the Supreme Court, and if an application is filed, while the application in the Supreme Court is pending.(F) Review. The action by the clerk will be reviewed by the Court of Appeals on motion of either party filed within seven days from the date of taxation, but on review only those affidavits or objections that were previously filed with the clerk may be considered by the court.(G) Costs Taxable. Except as otherwise provided by law or court rule, a prevailing party may tax only costs awarded in the court below as permitted by MCL 600.2445(4) and the reasonable costs and fees incurred in the Court of Appeals, including: (1) a charge of $1 per original page for the prevailing party's costs associated with preparation of appellant's brief, appellee's brief, a supplemental brief or a reply brief, not including any attachments or appendices;(2) any appeal or stay bond;(3) the transcript and necessary copies of it;(4) documents required for the record on appeal;(5) fees paid to the clerk or to the trial court clerk incident to the appeal;(6) taxable costs allowed by law in appeals to the Supreme Court (MCL 600.2441); and(7) other expenses taxable under applicable court rules or statutes.(H) Fees Paid to Clerk. The clerk may collect the following fees, which may be taxed as costs: (1) the fee required by law for a claim of appeal, application for leave to appeal, application for delayed appeal, original complaint, or motion;(2) 50¢ per page for a certified copy of a paper from a public record;(3) $5 for certified docket entries;(4) $1 per document for certification of a copy presented to the clerk; and(5) 50¢ per page for a copy of an opinion; however, one copy must be given without charge to each party in a case. A person who is unable to pay a filing fee may ask the court to waive the fee by filing a motion and an affidavit disclosing the reason for the inability.
(I) Rule Applicable. Except as provided in this rule, MCR 2.625 applies generally to taxation of costs in the Court of Appeals.(J) Violation of Rules. The Court of Appeals may impose costs on a party or an attorney for violation of these rules.Amended November 20, 2024, effective 1/1/2025Staff Comment (ADM File No. 2022-38): The amendments of MCR 2.625, 7.115, 7.219, and 7.319: (1) require courts to stay enforcement of taxed costs while an appeal is pending or until time for filing an appeal has passed, (2) expand the timeframe for filing a bill of costs in the Court of Appeals, (3) incorporate into MCR 7.219 the Court of Appeals internal operating procedure 7.219(B) that allows, upon reversal of a Court of Appeals decision, the new prevailing party to file a new bill of costs in the Court of Appeals, and (4) include in the lists of taxable costs those costs awarded in the lower court in accordance with MCL 600.2445(4).