SB-0470, As Passed Senate, September 8, 2005

SUBSTITUTE FOR

SENATE BILL NO. 470

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 321, 5756, 8371, and 8420 (MCL 600.321,

600.5756, 600.8371, and 600.8420), sections 321 and 8420 as amended

by 2003 PA 138 and sections 5756 and 8371 as amended by 2003 PA

178.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 321. (1) The following fees shall be paid to the clerk of

the court of appeals and may be taxed as costs where costs are

allowed by order of the court:

     (a) The sum of $375.00 for an appeal as of right, for an

application for leave to appeal, or for an original proceeding.

This fee shall be paid only once for appeals that are taken by

multiple parties from the same lower court order or judgment and

can be consolidated.

     (b) Upon the entry of any motion except a motion described in

subdivision (c) upon the motion docket, the sum of $100.00.

Beginning October 1, 2005  2007, the fee required under this

subdivision is $75.00.

     (c) Upon the entry of a motion for immediate consideration or

a motion to expedite appeal upon the motion docket, the sum of

$200.00. This fee shall be paid only once regardless of the number

of lower court files involved in the appeal. A prosecuting attorney

is exempt from paying a fee under this subdivision when filing a

motion for immediate consideration or a motion to expedite appeal

with regard to an appeal arising out of a criminal proceeding.

Beginning October 1, 2005  2007, the fee required under this

subdivision is $150.00.

     (2) The clerk of the court of appeals shall be allowed the sum

of 50 cents per page for certified copies of any  entries or

papers in any action or proceedings when required for any other

purpose than one connected with the progress or disposition of

such  the action or proceeding.

     (3) The clerk shall charge the sum of 50 cents per page for

all uncertified copies of opinions, excepting  except those sent

to 1 counsel representing each party in the case, for which no

charge shall be made.

     (4) If a person is unable to pay the fees required by this

section, the person, by motion, accompanied by the person's

affidavit stating facts showing such  that inability, may ask the

court to waive the fees and the court or a judge of the court may

waive payment of the fees.

     (5) Each month the clerk of the court of appeals shall deposit

with the state treasurer all fees collected, securing and filing a

receipt for the fees deposited.

     (6) Costs shall be awarded in the discretion of the court.

     (7) Upon appeal to the court of appeals, there shall be paid

to the clerk of the trial court the sum of $10.00 as an appeal fee.

     Sec. 5756. (1) If the complaint is for the recovery of

possession of premises only, the fee for filing a proceeding under

this chapter is $45.00.  Beginning October 1, 2005, the fee

required under this subsection is $40.00.

     (2) If a claim for a money judgment is joined with a claim for

the recovery of possession of premises, the plaintiff shall pay a

supplemental filing fee in the same amount as established by law

for the filing of a claim for a money judgment in the same court.

     (3) Of each filing fee collected under this section, at the

end of each month, the clerk of the district court shall transmit

$17.00 to the treasurer of the district funding unit in which the

action was commenced, of which not less than $5.00 shall be used by

the district funding unit to fund a drug treatment court if one is

planned, established, or operated in that judicial district, or, if

a drug treatment court is not planned, established, or operated in

that judicial district, for the operation of the district court.  ;

and  If the $5.00 portion of the filing fee is used for a drug

treatment court, that money shall not supplant or replace current

grants or funding from millages dedicated for drug treatment

courts. The clerk of the district court shall transmit the balance

of the filing fee to the state treasurer for deposit in the civil

filing fee fund created by section 171.  Beginning October 1, 2005,

the amount of each fee that the clerk shall transmit to the

treasurer of the district funding unit is reduced to $12.00.

     (4) At the end of each month, the clerk of the district court

shall transmit each supplemental filing fee collected under this

section in the same manner as a fee under section 8371 for the

filing of a claim for money judgment for the same amount is

transmitted.

     Sec. 8371. (1) In the district court, the fees prescribed in

this section shall be paid to the clerk of the court.

     (2) Before a civil action is commenced in the district court,

the party commencing the action shall pay to the clerk the sum of

$150.00 if the amount in controversy exceeds $10,000.00. For each

fee collected under this subsection, the clerk shall transmit

$31.00 to the treasurer of the district funding unit in which the

action was commenced, and shall transmit the balance to the state

treasurer for deposit in the civil filing fee fund created by

section 171.

     (3) Before a civil action is commenced in the district court,

the party commencing the action shall pay to the clerk the sum of

$65.00 if the amount in controversy exceeds $1,750.00 but does not

exceed $10,000.00.  Beginning October 1, 2005, the fee required

under this subsection is $60.00. For each fee collected under this

subsection, the clerk shall transmit $23.00 to the treasurer of the

district funding unit in which the action was commenced, of which

not less than $5.00 shall be used by the district funding unit to

fund a drug treatment court if one is planned, established, or

operated in that judicial district, or, if a drug treatment court

is not planned, established, or operated in that judicial district,

for the operation of the district court.  ; and  If the $5.00

portion of the filing fee is used for a drug treatment court, that

money shall not supplant or replace current grants or funding from

millages dedicated for drug treatment courts. The clerk of the

district court shall transmit the balance of the filing fee to the

state treasurer for deposit in the civil filing fee fund created by

section 171.  Beginning October 1, 2005, the amount of each fee

that the clerk shall transmit to the treasurer of the district

funding unit is reduced to $18.00.

     (4) Before a civil action is commenced in the district court,

the party commencing the action shall pay to the clerk the sum of

$45.00 if the amount in controversy exceeds $600.00 but does not

exceed $1,750.00.  Beginning October 1, 2005, the fee required

under this subsection is $40.00. For each fee collected under this

subsection, the clerk shall transmit $17.00 to the treasurer of the

district funding unit in which the action was commenced, of which

not less than $5.00 shall be used by the district funding unit to

fund a drug treatment court if one is planned, established, or

operated in that judicial district, or, if a drug treatment court

is not planned, established, or operated in that judicial district,

for the operation of the district court.  ; and  If the $5.00

portion of the filing fee is used for a drug treatment court, that

money shall not supplant or replace current grants or funding from

millages dedicated for drug treatment courts. The clerk of the

district court shall transmit the balance of the filing fee to the

state treasurer for deposit in the civil filing fee fund created by

section 171.  Beginning October 1, 2005, the amount of each fee

that the clerk shall transmit to the treasurer of the district

funding unit is reduced to $12.00.

     (5) Before a civil action is commenced in the district court,

the party commencing the action shall pay to the clerk the sum of

$25.00 if the amount in controversy does not exceed $600.00.

Beginning October 1, 2005, the fee required under this subsection

is $20.00. For each fee collected under this subsection, the clerk

shall transmit $11.00 to the treasurer of the district funding unit

in which the action was commenced, of which not less than $5.00

shall be used by the district funding unit to fund a drug treatment

court if one is planned, established, or operated in that judicial

district, or, if a drug treatment court is not planned,

established, or operated in that judicial district, for the

operation of the district court.  ; and  If the $5.00 portion of

the filing fee is used for a drug treatment court, that money shall

not supplant or replace current grants or funding from millages

dedicated for drug treatment courts. The clerk of the district

court shall transmit the balance of the filing fee to the state

treasurer for deposit in the civil filing fee fund created by

section 171.  Beginning October 1, 2005, the amount of each fee

that the clerk shall transmit to the treasurer of the district

funding unit is reduced to $6.00.

     (6) The judge shall order payment of any statutory fees waived

or suspended if the person subject to the fee is receiving public

assistance or is determined by the court to be indigent.

     (7) Neither this state nor a political subdivision of this

state shall be required to pay a filing fee in a civil infraction

action.

     (8) Except for civil actions filed for relief under chapter

43, 57, or 84, if a civil action is filed for relief other than

money damages, the filing fee shall be equal to the filing fee in

actions for money damages in excess of $1,750.00 but not in excess

of $10,000.00 as provided in subsection (3) and shall be

transmitted in the same manner as a fee under subsection (3) is

transmitted. If a claim for money damages is joined with a claim

for relief other than money damages, the plaintiff shall pay a

supplemental filing fee in the same amount as required under

subsections (2) to (5).

     (9) If a trial by jury is demanded, the party making the

demand at the time shall pay the sum of $50.00. Failure to pay the

fee at the time the demand is made constitutes a waiver of the

right to a jury trial. The sum shall be taxed in favor of the party

paying the fee, in case the party recovers a judgment for costs.

For each fee collected under this subsection, the clerk shall

transmit $10.00 to the state treasurer for deposit in the juror

compensation reimbursement fund created in section 151d.

     (10) A sum of $20.00 shall be assessed for all motions filed

in a civil action. A motion fee shall not be assessed in a civil

infraction action. For each fee collected under this subsection,

the clerk shall transmit $10.00 to the state treasurer for deposit

in the state court fund created in section 151a and the balance

shall be transmitted to the treasurer of the district funding unit

for the district court in the district in which the action was

commenced.

     Sec. 8420. (1) A fee of the following amount, as applicable,

shall be charged and collected for the filing of the affidavit for

the commencement of any action:

     (a) $25.00, if the amount in controversy does not exceed

$600.00.  Beginning October 1, 2005, the fee required under this

subdivision is $20.00.

     (b) $45.00, if the amount in controversy exceeds $600.00 but

does not exceed $1,750.00.  Beginning October 1, 2005, the fee

required under this subdivision is $40.00.

     (c) $65.00, if the amount in controversy exceeds $1,750.00.

Beginning October 1, 2005, the fee required under this subdivision

is $60.00.

     (2)  A fee in an amount equal to the prevailing postal rate

for the service provided shall be charged and collected for each

defendant to whom a copy of the affidavit is mailed by the clerk. A

fee of $15.00 shall be charged and collected for the issuance of a

writ of execution, attachment, or garnishment and for the issuance

of a judgment debtor discovery subpoena. Except as otherwise

provided in this chapter, a fee or charge shall not be collected by

an officer for any service rendered under this chapter or for the

taking of affidavits for use in connection with any action

commenced under this chapter.

     (3) Of each filing fee under subsection (1)(a) collected

within the month, at the end of each month, the clerk shall

transmit $11.00 to the treasurer of the district funding unit in

which the action was commenced, of which not less than $5.00 shall

be used by the district funding unit to fund a drug treatment court

if one is planned, established, or operated in that judicial

district, or, if a drug treatment court is not planned,

established, or operated in that judicial district, for the

operation of the district court.  ; and  If the $5.00 portion of

the filing fee is used for a drug treatment court, that money shall

not supplant or replace current grants or funding from millages

dedicated for drug treatment courts. The clerk of the district

court shall transmit the balance of the filing fee to the state

treasurer for deposit in the civil filing fee fund created in

section 171.  Beginning October 1, 2005, the amount of each fee

that the clerk shall transmit to the treasurer of the district

funding unit is reduced to $6.00.

     (4) Of each filing fee under subsection (1)(b) collected

within the month, at the end of each month, the clerk shall

transmit $17.00 to the treasurer of the district funding unit in

which the action was commenced, of which not less than $5.00 shall

be used by the district funding unit to fund a drug treatment court

if one is planned, established, or operated in that judicial

district, or, if a drug treatment court is not planned,

established, or operated in that judicial district, for

the operation of the district court.  ; and  If the $5.00 portion

of the filing fee is used for a drug treatment court, that money

shall not supplant or replace current grants or funding from

millages dedicated for drug treatment courts. The clerk of the

district court shall transmit the balance of the filing fee to the

state treasurer for deposit in the civil filing fee fund created in

section 171.  Beginning October 1, 2005, the amount of each fee

that the clerk shall transmit to the treasurer of the district

funding unit is reduced to $12.00.

     (5) Of each filing fee under subsection (1)(c) collected

within the month, at the end of each month, the clerk shall

transmit $23.00 to the treasurer of the district funding unit in

which the action was commenced, of which not less than $5.00 shall

be used by the district funding unit to fund a drug treatment court

if one is planned, established, or operated in that judicial

district, or, if a drug treatment court is not planned,

established, or operated in that judicial district, for the

operation of the district court.  ; and  If the $5.00 portion of

the filing fee is used for a drug treatment court, that money shall

not supplant or replace current grants or funding from millages

dedicated for drug treatment courts. The clerk of the district

court shall transmit the balance of the filing fee to the state

treasurer for deposit in the civil filing fee fund created in

section 171.  Beginning October 1, 2005, the amount of each fee

that the clerk shall transmit to the treasurer of the district

funding unit is reduced to $18.00.

     (6) If the affidavit and notice to appear and answer are

served by personal service, the person serving the process is

entitled to the same fee and mileage as for the service of a

summons and complaint out of the district court.