Portelli v. I R Constr Products Co, Inc

In Portelli v. I R Constr Products Co, Inc, 218 Mich. App. 591, 606-607; 554 N.W.2d 591 (1996), the Court reviewed the trial court's taxation of costs of depositions, excerpts of which were included in the defendant's motion for summary disposition that was filed with the court clerk. Id. at 606. On appeal, the plaintiff argued that, because the depositions themselves were not filed in any clerk's office, the trial court erred in taxing their costs. Id. The Court agreed, stating: "The plain, clear, and unambiguous language of MCL 600.2549; MSA 27A.2549 indicates that the Legislature intended the taxation of costs only for depositions filed in a clerk's office." Portelli, supra at 607. Despite the fact the depositions were used to resolve the case, the Court held that the trial court lacked statutory authority to tax the costs of the depositions. Id.