HOUSE BILL No. 4798 May 22, 2001, Introduced by Rep. Richner and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529 and 8371 (MCL 600.2529 and 600.8371), section 2529 as amended by 1999 PA 268 and section 8371 as amended by 1996 PA 388. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2529. (1) In the circuit court, the following fees 2 shall be paid to the clerk of the court: 3 (a) Before a civil action other than an action brought 4 exclusively under section 2950 or 2950a is commenced, or before 5 the filing of an application for superintending control or for an 6 extraordinary writ, except the writ of habeas corpus, the party 7 bringing the action or filing the application shall pay the sum 8 of$62.00$100.00. The clerk at the end of each month shall 9 transmit for each fee collected under this subdivision within the 03712'01 * DRM 2 1 month, $18.75 to the executive secretary of the Michigan judges 2 retirement system created by the judges retirement act of 1992, 3 1992 PA 234, MCL 38.2101 to 38.2670; $5.00 to the secretary of 4 the Michigan legislative retirement system for deposit with the 5 state treasurer in the retirement fund created by the Michigan 6 legislative retirement system act, 1957 PA 261, MCL 38.1001 to 738.106038.1080; $5.25 to the state treasurer for deposit in 8 the general fund; $2.00 to the state treasurer to be credited to 9 the community dispute resolution fund created by the community 10 dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564; 11 $11.00 to the county treasurer; and the balance of the filing fee 12 to the state treasurer for deposit in the state court fund cre- 13 atedbyIN section 151a.Beginning October 1, 1994 and until14October 1, 1995, the fee required under this subdivision is15$72.00. Beginning October 1, 1995 and until October 1, 1996, the16fee required under this subdivision is $80.00. Beginning17October 1, 1996 and until October 1, 1997, the fee required under18this subdivision is $90.00. Beginning October 1, 1997, the fee19required under this subdivision is $100.00.20 (b) Before the filing of a claim of appeal or motion for 21 leave to appeal from the district court, probate court, a munici- 22 pal court, or an administrative tribunal or agency, the sum of 23$60.00$100.00. For each fee collected under this subdivision, 24 the clerk shall transmit $15.00 to the state treasurer for 25 deposit in the state court fund createdbyIN section 151a. 26Beginning October 1, 1994 and until October 1, 1995, the fee27required under this subdivision is $70.00. Beginning October 1,03712'01 * 3 11995 and until October 1, 1996, the fee required under this2subdivision is $80.00. Beginning October 1, 1996 and until3October 1, 1997, the fee required under this subdivision is4$90.00. Beginning October 1, 1997, the fee required under this5subdivision is $100.00.6 (c) If a trial by jury is demanded, the party making the 7 demand at the time shall pay the sum of$60.00$85.00. Failure 8 to pay the feewithinAT the timeprovided in the court rules9 THE DEMAND IS MADE constitutes a waiver of the right to a jury 10 trial. The sum shall be taxed in favor of the party paying the 11 fee, in case the party recovers a judgment for costs. FOR EACH 12 FEE COLLECTED UNDER THIS SUBDIVISION, THE CLERK SHALL TRANSMIT 13 $25.00 TO THE STATE TREASURER FOR DEPOSIT IN THE JUROR COMPENSA- 14 TION REIMBURSEMENT FUND CREATED IN SECTION 151D. 15 (d) Before entry of a final judgment in an action for 16 divorce or separate maintenance in which minor children are 17 involved, or the entry of a final judgment in a child custody 18 dispute submitted to the circuit court as an original action, 1 19 of the following sums, which shall be deposited by the county 20 treasurer as provided in section 2530: 21 (i) If the matter was contested or uncontested and was not 22 submitted to domestic relations mediation or investigation by the 23 friend of the court, $30.00. 24 (ii) If the matter was contested or uncontested and was sub- 25 mitted to domestic relations mediation, $50.00. 03712'01 * 4 1 (iii) If the matter was contested or uncontested and the 2 office of the friend of the court conducted an investigation and 3 made a recommendation to the court, $70.00. 4 (e) Except as otherwise provided in this section, upon the 5 filing of a motion the sum of $20.00. In conjunction with an 6 action brought under section 2950 or 2950a, a motion fee shall 7 not be collected for a motion to dismiss the petition, a motion 8 to modify, rescind, or terminate a personal protection order, or 9 a motion to show cause for a violation of a personal protection 10 order. For each fee collected under this subdivision, the clerk 11 shall transmit $10.00 to the state treasurer for deposit in the 12 state court fund createdbyIN section 151a. 13 (f) For services under the direction of the court that are 14 not specifically provided for in this section relative to the 15 receipt, safekeeping, or expending of money, or the purchasing, 16 taking, or transferring of a security, or the collecting of 17 interest on a security, the clerk shall receive the allowance and 18 compensation from the parties as the court may consider just and 19 shall direct by court order, after notice to the parties to be 20 charged. 21 (g) Upon appeal to the court of appeals or the supreme 22 court, the sum of $25.00. 23 (h) The sum of $15.00 as a service fee for each writ of gar- 24 nishment, attachment, execution, or judgment debtor discovery 25 subpoena issued. 26 (2) The sums paid as provided in this section shall be held 27 to be in full for all clerk, entry, and judgment fees in an 03712'01 * 5 1 action from the commencement of the action to and including the 2 issuance and return of the execution or other final process, and 3 are taxable as costs. 4 (3) Except as otherwise provided in this section, the fees 5 shall be paid over to the county treasurer as required by law. 6 (4) The court shall order any of the fees prescribed in this 7 section waived or suspended, in whole or in part, upon a showing 8 by affidavit of indigency or inability to pay. 9 (5) The clerk of the circuit court shall prepare and submit 10 a court filing fee report to the executive secretary of the 11 Michigan judges retirement system created by the judges retire- 12 ment act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, at the 13 same time the clerk of the circuit court transmits the portion of 14 the fees collected under this section to the executive 15 secretary. 16 Sec. 8371. (1) In the district court, the fees prescribed 17 in this section shall be paid to the clerk of the court. 18 (2) Before a civil action is commenced in the district 19 court, the party commencing the action shall pay to the clerk the 20 sum of $100.00 if the amount in controversy exceeds $10,000.00. 21 For each fee collected under this subsection, the clerk shall 22 transmit $2.00 to the state treasurer to be credited to the com- 23 munity dispute resolution fund created by the community dispute 24 resolution act,Act No. 260 of the Public Acts of 1988, being25sections 691.1551 to 691.1564 of the Michigan Compiled Laws1988 26 PA 260, MCL 691.1551 TO 691.1564; $13.50 to the executive 27 secretary of the MICHIGAN judges retirement system CREATED BY THE 03712'01 * 6 1 JUDGES RETIREMENT ACT OF 1992, 1992 PA 234, MCL 38.2101 TO 2 38.2670; $21.50 to the treasurer of the district control unit in 3 which the action was commenced; and shall transmit the balance to 4 the state treasurer for deposit in the state court fund created 5 by section 151a. 6 (3) Before a civil action is commenced in the district 7 court, the party commencing the action shall pay to the clerk the 8 sum of $52.00 if the amount in controversy exceeds $1,750.00 but 9 does not exceed $10,000.00. For each fee collected under this 10 subsection, the clerk shall transmit $2.00 to the state treasurer 11 to be credited to the community dispute resolution fund created 12 by the community dispute resolution act,Act No. 260 of the13Public Acts of 1988, being sections 691.1551 to 691.1564 of the14Michigan Compiled Laws1988 PA 260, MCL 691.1551 TO 691.1564; 15 $13.50 to the executive secretary of the MICHIGAN judges retire- 16 ment system CREATED BY THE JUDGES RETIREMENT ACT OF 1992, 1992 PA 17 234, MCL 38.2101 TO 38.2670; $16.50 to the treasurer of the dis- 18 trict control unit in which the action was commenced; and shall 19 transmit the balance to the state treasurer for deposit in the 20 state court fund created by section 151a. 21 (4) Before a civil action is commenced in the district 22 court, the party commencing the action shall pay to the clerk the 23 sum of $32.00 if the amount in controversy exceeds $600.00 but 24 does not exceed $1,750.00. For each fee collected under this 25 subsection, the clerk shall transmit $2.00 to the state treasurer 26 to be credited to the community dispute resolution fund created 27 by the community dispute resolution act,Act No. 260 of the03712'01 * 7 1Public Acts of 1988, being sections 691.1551 to 691.1564 of the2Michigan Compiled Laws1988 PA 260, MCL 691.1551 TO 691.1564; 3 $9.00 to the executive secretary of the MICHIGAN judges retire- 4 ment system CREATED BY THE JUDGES RETIREMENT ACT OF 1992, 1992 PA 5 234, MCL 38.2101 TO 38.2670; $11.00 to the treasurer of the dis- 6 trict control unit in which the action was commenced; and shall 7 transmit the balance to the state treasurer for deposit in the 8 state court fund created by section 151a. 9 (5) Before a civil action is commenced in the district 10 court, the party commencing the action shall pay to the clerk the 11 sum of $17.00 if the amount in controversy does not exceed 12 $600.00. For each fee collected under this subsection, the clerk 13 shall transmit $2.00 to the state treasurer to be credited to the 14 community dispute resolution fund created by the community dis- 15 pute resolution act,Act No. 260 of the Public Acts of 1988,16being sections 691.1551 to 691.1564 of the Michigan Compiled17Laws1988 PA 260, MCL 691.1551 TO 691.1564; $4.50 to the execu- 18 tive secretary of the MICHIGAN judges retirement system CREATED 19 BY THE JUDGES RETIREMENT ACT OF 1992, 1992 PA 234, MCL 38.2101 TO 20 38.2670; $5.50 to the treasurer of the district control unit in 21 which the action was commenced; and shall transmit the balance to 22 the state treasurer for deposit in the state court fund created 23 by section 151a. 24 (6) The judge shall order payment of any statutory fees 25 waived or suspended, in whole or in part, upon a showing by affi- 26 davit of indigency or inability to pay. 03712'01 * 8 1 (7) Neither this state nor a political subdivision of this 2 state shall be required to pay a filing fee in a civil infraction 3 action. 4 (8) Except for civil actions filed for relief under chapter 5 43, 57, or 84, if a civil action is filed for relief other than 6 money damages, the filing fee shall be equal to the filing fee in 7 actions for money damages in excess of $1,750.00 but not in 8 excess of $10,000.00 as provided in subsection (3), and shall be 9 transmitted in the same manner as a fee under subsection (3) is 10 transmitted. 11 (9) If a trial by jury is demanded, the party making the 12 demand at the time shall pay the sum of$40.00$50.00. Failure 13 to pay the feewithinAT the timeprovided in the court rules14 THE DEMAND IS MADE constitutes a waiver of the right to a jury 15 trial. The sum shall be taxed in favor of the party paying the 16 fee, in case the party recovers a judgment for costs. FOR EACH 17 FEE COLLECTED UNDER THIS SUBSECTION, THE CLERK SHALL TRANSMIT 18 $10.00 TO THE STATE TREASURER FOR DEPOSIT IN THE JUROR COMPENSA- 19 TION REIMBURSEMENT FUND CREATED IN SECTION 151D. 20 (10) If the amount in controversy in a civil action exceeds 21 $10,000.00, a sum of $20.00 shall be assessed for all motions 22 filed in that civil action. For each fee collected under this 23 subsection, the clerk shall transmit $10.00 to the state trea- 24 surer for deposit in the state court fund created in section 151a 25 and the balance shall be transmitted to the treasurer of the dis- 26 trict control unit for the district court in the district in 27 which the action was commenced. 03712'01 * 9 1 (11) The clerk of the district court shall prepare and 2 submit a court filing fee report to the executive secretary of 3 the Michigan judges retirement system created by the judges 4 retirement act of 1992,Act No. 234 of the Public Acts of 1992,5being sections 38.2101 to 38.2608 of the Michigan Compiled Laws6 1992 PA 234, MCL 38.2101 TO 38.2670, at the same time the clerk 7 of the district court transmits the portion of the fees collected 8 under this section to the executive secretary. 9 Enacting section 1. This amendatory act takes effect 10 October 1, 2001. 11 Enacting section 2. This amendatory act does not take 12 effect unless all of the following bills of the 91st Legislature 13 are enacted into law: 14 (a) House Bill No. 4090. 15 (b) House Bill No. 4551. 16 (c) House Bill No. 4552. 17 (d) House Bill No. 4553. 03712'01 * Final page. DRM