May 5, 2005, Introduced by Senator CROPSEY and referred to the Committee on Appropriations.
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
2007, 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 the operation of the
district
court a
drug treatment court if one is planned, established, or
operated in that judicial district, or for substance abuse
programming for persons on probation; and the balance to the state
treasurer for deposit in the civil filing fee fund created by
section
171. Beginning October 1, 2005 2007, 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 2007, 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 the operation of the district court
a drug treatment court if one is planned, established, or operated
in that judicial district, or for substance abuse programming for
persons on probation; and shall transmit the balance to the state
treasurer for deposit in the civil filing fee fund created by
section
171. Beginning October 1, 2005 2007, 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 2007, 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 the operation of
the district court
a drug treatment court if one is planned, established, or operated
in that judicial district, or for substance abuse programming for
persons on probation; and shall transmit the balance to the state
treasurer for deposit in the civil filing fee fund created by
section
171. Beginning October 1, 2005 2007, 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 2007, 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 the
operation
of the district court a drug treatment court if one is
planned, established, or operated in that judicial district, or for
substance abuse programming for persons on probation; and shall
transmit the balance to the state treasurer for deposit in the
civil
filing fee fund created by section 171. Beginning October 1,
2005 2007, 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 2007, 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
2007, 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 2007, 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 the operation of the
district
court a drug treatment court
if one is planned,
established, or operated in that judicial district, or for
substance abuse programming for persons on probation; and the
balance to the state treasurer for deposit in the civil filing fee
fund
created in section 171. Beginning October 1, 2005 2007, 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 the operation of the
district
court a drug treatment court
if one is planned,
established, or operated in that judicial district, or for
substance abuse programming for persons on probation; and the
balance to the state treasurer for deposit in the civil filing fee
fund
created in section 171. Beginning October 1, 2005 2007, 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 the operation of the
district
court a drug treatment court
if one is planned,
established, or operated in that judicial district, or for
substance abuse programming for persons on probation; and the
balance to the state treasurer for deposit in the civil filing fee
fund
created in section 171. Beginning October 1, 2005 2007, 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.