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Doyle v. Archbold Ladder Co.6/25/2002
UNPUBLISHED
This product liability case arises out of an injury in which plaintiffs sought to recover damages from defendants, the manufacturer and the retail seller of an aluminum stepladder. Following a jury trial, a verdict was rendered in favor of defendants. On January 19, 2000, judgment was entered on the verdict, allowing taxable costs. Thereafter, defendants submitted their bill of costs with attached invoices to the trial court, requesting $17,823.77 for various expenses and fees. As a result of plaintiffs' objections to the bill of costs, defendants filed a motion for taxation of costs that was denied without prejudice. Defendants appealed, and retaining jurisdiction, this Court remanded the matter to the trial court for its reconsideration. The sole issue on this appeal relates to defendants' challenges to the trial court's denial of certain taxable costs. We affirm in part, reverse in part, and remand.
I.
Defendants raise several challenges to the trial court's awards of costs and argue that the trial court abused its discretion when it denied or limited the award of costs pursuant to MCL 600.2401 et seq., and MCL 600.2501 et seq. The order of judgment in this case permitted defendants to tax costs. Taxation of costs under MCR 2.625(A) is within the discretion of the trial court. Blue Cross & Blue Shield of Michigan v Eaton Rapids Community Hosp, 221 Mich App 301, 308; 561 NW2d 488 (1997). This Court reviews a trial court's ruling on a motion for costs under MCR 2.625 for an abuse of discretion. Klinke v Mitsubishi Motors Corp, 219 Mich App 500, 518; 556 NW2d 528 (1996), aff'd 458 Mich 582 (1998). The interpretation and application of court rules and statutes present a question of law that is reviewed de novo. Szymanski v Brown, 221 Mich App 423, 433; 562 NW2d 212 (1997).
The four items of costs that defendants challenge on appeal are: (A) the motion filing fees, (B) the subpoena service fees served on four custodians of records, (C) the costs and expenses related to the depositions of plaintiffs' expert witnesses, David Sikarskie and Robert Little, and (D) the costs and expenses related to defendants' expert witness Jon Ver Halen.
Generally, a prevailing party may be entitled to costs. MCR 2.625(A)(1). Taxation of costs and allowable fees is governed by MCL 600.2401 et seq., and MCL 600.2501 et seq. Although the decision whether to tax costs is discretionary, any costs that the court awards must be authorized by statute, and only costs statutorily authorized may be recovered. Rickwalt v Richfield Lakes Corp, 246 Mich App 450, 465; 633 NW2d 418 (2001); Beach v State Farm Mutual Auto Ins Co, 216 Mich App 612, 621; 550 NW2d 580 (1996). A trial court abuses its discretion by taxing litigation expenses without statutory authority. Beach, supra at 623. An award of costs does not include all expenses. Id. at 621-622.
A. Motion Filing Fees
Defendants argue that the trial court improperly disallowed certain motion fees to be taxed as costs. We agree. Here, the trial court disallowed the fees for the filing of motions on the basis that no statutory authority allowed for the taxation of motions. However, MCL 600.2529(1)(e) and (2) allow motion fees to be taxed as costs. Defendants claim that there are six motions involved, but they provide documentation pertaining to only five motions. In regard to the five documented motions, we conclude that the lower court erred in refusing to allow the taxation of costs for the motions at a rate of $20 per motion.
B. The Fees for Service of Subpoenas
Defendants rely on MCL 600.2552(1) and MCL 600.2559(1)(n), and argue that the trial court erred in fai
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