SB-1179, As Passed House, December 13, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1179

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 321 (MCL 600.321), as amended by 2011 PA 130.

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.

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.

(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.

(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.

(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.

(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.

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

(7) The fees collected under this section shall be used to

fund a probation swift and sure sanctions program created under the

probation swift and sure sanctions act, chapter XIA of the code of

criminal procedure, 1927 PA 175, MCL 771a.1 to 771a.8.

Enacting section 1. This amendatory act does not take effect