June 5, 2003, Introduced by Reps. Pastor, Vander Veen, Amos, Voorhees, Emmons, Brandenburg and Garfield and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 4921 and 4969 (MCL 600.4921 and 600.4969),
as added by 1986 PA 178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4921. (1) If a
party has rejected rejects an
2 evaluation under this chapter and the action proceeds to trial,
3 that party shall pay the opposing party's actual costs unless the
4 verdict is more favorable to the rejecting party than the
5 mediation evaluation. However, if the opposing party has also
6 rejected the evaluation, that party is entitled to costs only if
7 the verdict is more
favorable to that party than the mediation
8 evaluation.
9 (2) For the purpose of subsection (1), a verdict shall be
10 adjusted by adding to it assessable costs and interest on the
1 amount of the verdict from the filing of the complaint to the
2 date of the mediation
evaluation. After this adjustment, the
3 verdict is considered more favorable to a defendant if it is more
4 than 10% 20%
below the evaluation , and is considered more
5 favorable to the
plaintiff if it is more than 10% 20% above the
6 evaluation.
7 (3) For the purpose of this section, actual costs include
8 those costs taxable in any civil action and a reasonable attorney
9 fee as determined by the trial judge for services necessitated by
10 the rejection of the mediation
evaluation.
11 (4) Costs shall not
be awarded if the mediation award under
12 this section if the evaluation was not unanimous.
13 Sec. 4969. (1) If a
party has rejected rejects an
14 evaluation under this chapter and the action proceeds to trial,
15 that party shall pay the opposing party's actual costs unless the
16 verdict is more favorable to the rejecting party than the
17 mediation evaluation. However, if the opposing party has also
18 rejected the evaluation, that party is entitled to costs only if
19 the verdict is more
favorable to that party than the mediation
20 evaluation.
21 (2) For the purpose of subsection (1), a verdict shall be
22 adjusted by adding to it assessable costs and interest on the
23 amount of the verdict from the filing of the complaint to the
24 date of the mediation
evaluation. After this adjustment, the
25 verdict is considered more favorable to a defendant if it is more
26 than 10% 20%
below the evaluation , and is considered more
27 favorable to the
plaintiff if it is more than 10% 20% above the
1 evaluation.
2 (3) For the purpose of this section, actual costs include
3 those costs taxable in any civil action and a reasonable attorney
4 fee as determined by the trial judge for services necessitated by
5 the rejection of the mediation
evaluation.
6 (4) Costs shall not
be awarded if the mediation award under
7 this section if the evaluation was not unanimous.