SB-0527, As Passed Senate, February 20, 2014

SENATE BILL No. 527

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.

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