COURT OF APPEALS FEES - S.B. 566: FLOOR ANALYSIS

Senate Bill 566 (as introduced 6-4-97)

Sponsor: Senator William Van Regenmorter

Committee: Judiciary

CONTENT

The bill would amend the Revised Judicature Act (RJA) to increase certain fees payable to the Court of Appeals, and create a new fee for a motion for immediate consideration or to expedite an appeal. Prosecuting attorneys would be exempt from the new fee.

The bill would increase to $250 from $200 the fee for an appeal as of right, an application for leave to appeal, or an original proceeding. The RJA specifies that this fee must be paid only once for appeals that are taken by multiple parties from the same lower court order or judgment and can be consolidated.

The bill also would increase from $50 to $75 the fee for entry of any motion upon the motion docket. The fee for entry of a motion for immediate consideration or a motion to expedite appeal upon the motion docket, however, would be $250. The bill specifies that the $250 fee would have to be paid only once, regardless of the number of lower court files involved in the appeal. A prosecuting attorney would be exempt from paying the $250 fee when filing a motion for immediate consideration or a motion to expedite appeal with regard to an appeal arising out of a criminal proceeding.

MCL 600.321 - Legislative Analyst: P. Affholter

FISCAL IMPACT

According to the Court of Appeals, the increase in fees would generate approximately $425,000 in additional fee revenues for this Court, which would be used to fund new positions requested by the Court in the FY 1997-98 Judiciary budget bill.

Date Completed: 6-4-97 - Fiscal Analyst: M. Ortizfloor\sb566

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.