Bill Text: MI HB5796 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Courts; other; certain court fees; exempt prosecuting attorneys from paying. Amends secs. 321 & 2529 of 1961 PA 236 (MCL 600.321 & 600.2529).
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-09-11 - Printed Bill Filed 08/16/2012 [HB5796 Detail]
Download: Michigan-2011-HB5796-Introduced.html
HOUSE BILL No. 5796
August 15, 2012, Introduced by Reps. Constan, Darany, Kandrevas and Meadows 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 2011 PA 130 and section 2529 as amended
by 2009 PA 239.
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.
(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.
(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 a writ
of habeas corpus, the party bringing the action or filing the
application shall pay $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 appellant or
moving party shall pay $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) At the time a trial by jury is demanded, the party making
the demand shall pay $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 fee paid shall be taxed in favor of the party paying it if 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:
(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).
(e) Except as otherwise provided in this section, upon the
filing of a motion, the moving party shall pay $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 related to receiving,
safekeeping, or expending money, purchasing, taking, or
transferring a security, or collecting interest on a security, a
party shall pay the allowance and compensation that the court
determines to be just as ordered by the court after notice to the
parties.
(g) Upon appeal to the court of appeals or the supreme court,
the appellant shall pay $25.00. A prosecuting attorney is exempt
from paying the fee described in this subdivision.
(h) The applicant or requesting party shall pay $15.00 as a
service fee for each writ of garnishment, attachment, or execution
and each judgment debtor discovery subpoena issued.
(2) The fees paid as provided in this section are payment 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
paid under this section shall be paid to the county treasurer as
required by law.
(4) At the end of each month, each 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 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 described in subsection
(1)(d) is a public officer acting in his or her official capacity,
if the final judgment or order is submitted with the initial filing
as a consent judgment or 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).
(7) The court may order a party to pay the other party all or
part of a fee paid by the other party under subsection (1)(d).
