Bill Text: MI HB5371 | 2009-2010 | 95th Legislature | Engrossed

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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 3-0)

Status: (Introduced - Dead) 2010-04-29 - Referred To Committee On Judiciary [HB5371 Detail]

Download: Michigan-2009-HB5371-Engrossed.html

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HB-5371, As Passed House, April 28, 2010

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5371

 

 

 

 

 

 

 

 

 

 

 

     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 2007 PA 64 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. 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) 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).