September 19, 2013, Introduced by Senators CASWELL and COLBECK and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2529 (MCL 600.2529), as amended by 2009 PA 239.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2529. (1) In the circuit court, the following fees shall
be paid to the clerk of the court:
(a)
Before filing 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 including an
action
for superintending control or for an
another extraordinary
writ,
except a writ of habeas corpus, the party bringing filing the
action
or filing the application shall pay a fee of $150.00. This
subdivision does not apply to an action brought exclusively under
section 2950, 2950a, or 2950h to 2950m or an action for a writ of
habeas corpus. 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 a fee of $150.00. 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 a fee 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 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 At the time
an action in which the custody, support, or parenting time of a
minor
children child is to
be determined or modified is filed,
the
party
submitting the judgment or order filing the action shall pay
1 of the following fees:
(i) In an action in which the custody or parenting time of a
minor
children child is to
be determined, $80.00.
(ii) In an action in which the support of a minor
children
child is to be determined or modified, $40.00. This fee does not
apply
when if a fee is paid under subparagraph (i).
(e)
Except as otherwise provided in this section, upon the on
filing
of a motion, the moving party shall pay a fee 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 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.
(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 if 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).