Bill Text: MI HB4731 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Civil procedure; costs and fees; motion fees in court of appeals; remove scheduled rollback of fees. Amends sec. 321 of 1961 PA 236 (MCL 600.321).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-09-07 - Assigned Pa 130'11 With Immediate Effect [HB4731 Detail]
Download: Michigan-2011-HB4731-Engrossed.html
HB-4731, As Passed House, June 23, 2011
HOUSE BILL No. 4731
June 9, 2011, Introduced by Rep. Cotter and referred to the Committee on Appropriations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 321 (MCL 600.321), as amended by 2007 PA 64.
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) 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.
