September 15, 2009, Introduced by Reps. Constan, Kandrevas and Polidori and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 321 and 2529 (MCL 600.321 and 600.2529),
section 321 as amended by 2007 PA 64 and section 2529 as amended by
2004 PA 205.
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 if costs are allowed
by order of the court:
(a) For an appeal as of right, for an application for leave to
appeal, or for an original proceeding, $375.00. 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, $100.00. Beginning October
1, 2012, 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, $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 with regard to an appeal
arising
out of a criminal proceeding. Beginning
October 1, 2012,
the fee required under this subdivision is $150.00.
(2) A prosecuting attorney is exempt from paying any of the
fees described in subsection (1).
(3) (2)
The clerk of the court of appeals
shall charge 50
cents per page for certified copies of entries or papers in any
action or proceedings when required for any other purpose than one
connected with the progress or disposition of the action or
proceeding.
(4) (3)
The clerk shall charge 50 cents per
page for all
uncertified copies of opinions, except those sent to 1 counsel
representing each party in the case, for which no charge shall be
made.
(5) (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 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.
(6) (5)
Each month the clerk of the court
of appeals shall
deposit with the state treasurer all fees collected and obtain and
file a receipt for the fees deposited.
(7) (6)
Costs shall be awarded in the
discretion of the court.
Sec. 2529. (1) In the circuit court, the following fees shall
be paid to the clerk of the court:
(a) Before a civil action other than an action brought
exclusively under section 2950, 2950a, or 2950h to 2950m is
commenced, or before the filing of an application for
superintending control or for an extraordinary writ, except the
writ of habeas corpus, the party bringing the action or filing the
application shall pay the sum of $150.00. The clerk at the end of
each month shall transmit for each fee collected under this
subdivision within the month $31.00 to the county treasurer and the
balance of the filing fee to the state treasurer for deposit in the
civil filing fee fund created in section 171.
(b) Before the filing of a claim of appeal or motion for leave
to appeal from the district court, probate court, a municipal
court, or an administrative tribunal or agency, the sum of $150.00.
A prosecuting attorney is exempt from paying the fee described in
this subdivision. For each fee collected under this subdivision,
the clerk shall transmit $31.00 to the county treasurer and the
balance of the fee to the state treasurer for deposit in the civil
filing fee fund created in section 171.
(c) If a trial by jury is demanded, the party making the
demand at the time shall pay the sum of $85.00. 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 subdivision, the clerk shall
transmit $25.00 to the state treasurer for deposit in the juror
compensation reimbursement fund created in section 151d.
(d) Before entry of a final judgment or order in an action in
which the custody, support, or parenting time of minor children is
determined or modified, the party submitting the judgment or order
shall pay 1 of the following fees, which shall be deposited by the
county treasurer as provided in section 2530:
(i) In an action in which the custody or parenting time of
minor children is determined, $80.00.
(ii) In an action in which the support of minor children is
determined or modified, $40.00. This fee does not apply when a fee
is paid under subparagraph (i). The court may order a party to
reimburse to the other party all or a portion of the fee paid by
that other party.
(e) Except as otherwise provided in this section, upon the
filing of a motion the sum of $20.00. In conjunction with an action
brought under section 2950 or 2950a, a motion fee shall not be
collected for a motion to dismiss the petition, a motion to modify,
rescind, or terminate a personal protection order, or a motion to
show cause for a violation of a personal protection order. A motion
fee shall not be collected for a motion to dismiss a proceeding to
enforce a foreign protection order or a motion to show cause for a
violation of a foreign protection order under sections 2950h to
2950m. A motion fee shall not be collected for a request for a
hearing to contest income withholding under section 7 of the
support and parenting time enforcement act, 1982 PA 295, MCL
552.607. For each fee collected under this subdivision, the clerk
shall transmit $10.00 to the state treasurer for deposit in the
state court fund created by section 151a.
(f) For services under the direction of the court that are not
specifically provided for in this section relative to the receipt,
safekeeping, or expending of money, or the purchasing, taking, or
transferring of a security, or the collecting of interest on a
security, the clerk shall receive the allowance and compensation
from the parties as the court may consider just and shall direct by
court order, after notice to the parties to be charged.
(g) Upon appeal to the court of appeals or the supreme court,
the sum of $25.00. A prosecuting attorney is exempt from paying the
fee described in this subdivision.
(h) The sum of $15.00 as a service fee for each writ of
garnishment, attachment, execution, or judgment debtor discovery
subpoena issued.
(2) The sums paid as provided in this section shall be held to
be in full for all clerk, entry, and judgment fees in an action
from the commencement of the action to and including the issuance
and return of the execution or other final process, and are taxable
as costs.
(3) Except as otherwise provided in this section, the fees
shall be paid over to the county treasurer as required by law.
(4) At the end of each month, the clerk shall transmit for
each fee collected under subsection (1)(d) $10.00 to the state
treasurer for deposit in the fund created by section 6a of the
office of child support act, 1971 PA 174, MCL 400.236a. The balance
of the fee collected under subsection (1)(d)(i) shall be paid to the
county treasurer and deposited by the county treasurer as provided
under section 2530 to be used to fund services that are not title
IV-D services. The balance of the fee collected under subsection
(1)(d)(ii) shall be paid to the county treasurer and deposited by
the county treasurer as provided under section 2530.
(5) The court shall order any of the fees prescribed in this
section waived or suspended, in whole or in part, upon a showing by
affidavit of indigency or inability to pay.
(6) If the person filing an action under subsection (1)(d) is
a public officer acting in his or her official capacity, if the
order is submitted with the initial filing as a consent order, or
other good cause is shown, the court shall order the fee under
subsection (1)(d) waived or suspended. If a fee is waived or
suspended and the action is contested, the court may require that 1
or more of the parties to the action pay the fee under subsection
(1)(d).