HomeMy WebLinkAboutResolutions - 1984.08.30 - 15878?Ai
Jahn E. 'Olsen, Chairperson
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Miscellaneous Resolution 84241 August 30, 1984
BY: GENERAL GOVERNMENT COMMITTEE-John E. Olsen, Chairperson
RE: SENATE BILL 735 (SUPPORT CONCEPT OF) MANDATING LOSING PARTY
IN A CIVIL ACTION DEEMED EITHER FRIVOLOUS OR HARRASSING TO
PAY COSTS AND FEES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Genelemen:
WHEREAS, the filing of civil suits has risen significantly in recent years
resulting in trial courts being increasingly less able to hear cases in a timely manner; and
WHEREAS, a serious growth in the number of frivolous lawsuits filed is
contributing to the problem and, according to the old maxim, "justice delayed is justice
denied;" and
WHEREAS, Senate Bill 735 intends to help reduce the court congestion by
mandating that the losing party in a civil action will pay the prevailing party's
costs and fees if the court found that the suit or defense was frivolous or filed
solely for harrassment purposes; and
WHEREAS, this proposed legislation should be extremely helpful in dis-
couraging groundless civil actions and clearing the dockets; and
WHEREAS, Senate Bill 735, which passed the Senate on June 6, 1984 with
only one dissenting vote, is supported by the State Bar of Michigan and by Oakland
County Clerk/Register Lynn Allen.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports the concept of Senate Bill 735 and urges the House of
Representatives to include a clear definition of the word"frivolous" to make the
legislation fully acceptable.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the
State Representatives from Oakland County and to the County's Legislative Agent.
Mr. Chairperson, on behalf of the General Government Committee, I
move the adoption of the foregoing resolution.
GENERA4 GOVERNMENT COMMITTEE
#8 424 1 August 30, 1584
AO August
MEWL
ALLEN
County Clerk/Register of Deeds
30th day of 1984
Moved by Olsen supported by Rewold the resolution be adopted.
AYES: Nelson, Olsen, Page, Perinoff, Pernick, Rewold, Wilcox, Caddell,
Doyon, Fortino, Gosling, Hobart, Jackson, R. Kuon, S. Kuhn, Lanni, Law, Moffitt. (18)
NAYS: Foley, McDonald, McPherson. (3)
PASS: Moore. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNV 0 OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do herebs certify that I have compared the annexed copy of
iiwilaneous Resolution R34241 adopted by the Oakland County Board of Commissioners
.._AimilialnrnWaLLNII:=1::::::P ust 30, 1984
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
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