October 3, 2000



00-06



Proposed Amendment of
Rule 2.625 of the
Michigan Court Rules
_______________________


          On order of the Court, this is to advise that the Court
is considering an amendment of Rule 2.625 of the Michigan Court
Rules.  Before determining whether the proposal should be adopted,
changed before adoption, or rejected, this notice is given to
afford any interested person the opportunity to comment on the form
or the merits of the proposal.  We welcome the views of all who
wish to address the proposal or who wish to suggest alternatives. 
Before adoption or rejection, this proposal will be considered at
a public hearing by the Court.  The Clerk of the Court will publish
a schedule of future public hearings.

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of this
proposal does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposal in its
present form.

[The present language would be amended as indicated below.]

ICLE Editor's Note:

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, within 28 days after the judgment
     is signed, or within 28 days after entry of an order
     denying a motion for new trial, a motion
     [or] to set aside the judgment, or a motion for
     other postjudgment relief, 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 proposed amendment of MCR
2.625(F)(2) would expand the categories of postjudgment motions
that extend the 28-day deadline for filing bills of costs.

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.  

          _____________________________________________

Publication of this proposal does not mean
that the Court will issue an order on the
subject, nor does it imply probable adoption
in its present form.  Timely comments will be
substantively considered, and your assistance
is appreciated by the Court.                 
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they can
make the notifications specified in MCR 1.201.  Comments on this
proposal may be sent to the Supreme Court clerk by January 1, 2001. 
When filing a comment, please refer to our file No. 00-06.