April 1, 2003
 
 
 
 2002-22
 
 
 Amendment of Rule 3.206
 of the Michigan Court Rules
                                                            
 
           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 3.206 of the Michigan Court Rules is adopted, effective September 1, 2003.
 
 

ICLE Editor's Note:
 
 
 [Italicized, bracketed text] indicates text that has been deleted.
 
 Bold text  indicates new text.
 

 
       [The present language is amended as indicated below.]
 
 
 Rule 3.206     Pleading
 
      (A) - (B) [Unchanged.]
 
      (C)     Attorney Fees and Expenses.
 
                (1)  A party may, at any time, request that the court order the
      other party to pay all or part of the attorney fees and expenses related to
      the action or a specific proceeding, including a post-judgment
      proceeding.
 
                (2)  A party who requests attorney fees and expenses must
      allege facts sufficient to show that
 
                  (a)   the party is unable to bear the expense of the
      action, and that the other party is able to pay, or
 
                               (b)  the attorney fees and expenses were
                incurred because the other party refused to
                comply with a previous court order, despite
                having the ability to comply.
      Staff Comment:  The April 1, 2003, amendment of MCR 3.206(C),
 effective September 1, 2003, was suggested by the Michigan Judges Association to  (1)
 reduce the number of hearings that occur because of a litigant's vindictive or wrongful
 behavior, (2) shift the costs associated with wrongful conduct to the party engaging in
 the improper behavior, (3) remove the ability of a vindictive litigant to apply financial
 pressure to the opposing party, (4) create a financial incentive for attorneys to accept a
 wronged party as a client, and (5) foster respect for court orders.
  
           The staff comment is published only for the benefit of the bench and bar
      and is not an authoritative construction by the Court.