Wells v. Department of Corrections

Levin, J.

(dissenting). The court rules provide for the taxation of costs in favor of the prevailing party except as "otherwise” ordered or directed by the court.* I would hold that a court may, in the exercise of discretion, direct that costs not be taxed against an indigent prisoner who commenced an action against his jailers, although they are the prevailing party, and that the Court of Appeals may review a decision of the circuit court taxing costs against an indigent prisoner.

MCR 7.318 referencing MCR 7.219; MCR 7.219; MCR 7.101(0) referencing MCR 2.625; MCR 2.625.