House Introduced Bill 5303

HOUSE BILL No. 5303

October 18, 2001, Introduced by Rep. Mortimer and referred to the Committee on Criminal Justice.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2529 (MCL 600.2529), as amended by 1999 PA

268.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 2529. (1) In the circuit court, the following fees

2
shall be paid to the clerk of the court:

3
(a) Before a civil action other than an action brought

4
exclusively under section 2950, or 2950a, OR 2950D TO 2950G is

5
commenced, or before the filing of an application for superin-

6
tending control or for an extraordinary writ, except the writ of

7
habeas corpus, the party bringing the action or filing the appli-

8
cation shall pay the sum of $62.00. The clerk at the end of each

9
month shall transmit for each fee collected under this

10
subdivision within the month, $18.75 to the executive secretary

05225'01 e TLG 2

1
of the Michigan judges retirement system created by the judges

2
retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670;

3
$5.00 to the secretary of the Michigan legislative retirement

4
system for deposit with the state treasurer in the retirement

5
fund created by the Michigan legislative retirement system act,

6
1957 PA 261, MCL 38.1001 to 38.1060 38.1080; $5.25 to the state

7
treasurer for deposit in the general fund; $2.00 to the state

8
treasurer to be credited to the community dispute resolution fund

9
created by the community dispute resolution act, 1988 PA 260, MCL

10
691.1551 to 691.1564; $11.00 to the county treasurer; and the

11
balance of the filing fee to the state treasurer for deposit in

12
the state court fund created by section 151a. Beginning

13
October 1, 1994 and until October 1, 1995, the fee required under

14
this subdivision is $72.00. Beginning October 1, 1995 and until

15
October 1, 1996, the fee required under this subdivision is

16
$80.00. Beginning October 1, 1996 and until October 1, 1997, the

17
fee required under this subdivision is $90.00. Beginning

18
October 1, 1997, the fee required under this subdivision is

19
$100.00.

20
(b) Before the filing of a claim of appeal or motion for

21
leave to appeal from the district court, probate court, a munici-

22
pal court, or an administrative tribunal or agency, the sum of

23
$60.00. For each fee collected under this subdivision, the clerk

24
shall transmit $15.00 to the state treasurer for deposit in the

25
state court fund created by section 151a. Beginning October 1,

26
1994 and until October 1, 1995, the fee required under this

27
subdivision is $70.00. Beginning October 1, 1995 and until

05225'01 e 3

1
October 1, 1996, the fee required under this subdivision is

2
$80.00. Beginning October 1, 1996 and until October 1, 1997, the

3
fee required under this subdivision is $90.00. Beginning

4
October 1, 1997, the fee required under this subdivision is

5
$100.00.

6
(c) If a trial by jury is demanded, the party making the

7
demand at the time shall pay the sum of $60.00. Failure to pay

8
the fee within the time provided in the court rules constitutes a

9
waiver of the right to a jury trial. The sum shall be taxed in

10
favor of the party paying the fee, in case the party recovers a

11
judgment for costs.

12
(d) Before entry of a final judgment in an action for

13
divorce or separate maintenance in which minor children are

14
involved, or the entry of a final judgment in a child custody

15
dispute submitted to the circuit court as an original action, 1

16
of the following sums, which shall be deposited by the county

17
treasurer as provided in section 2530:

18
(i) If the matter was contested or uncontested and was not

19
submitted to domestic relations mediation or investigation by the

20
friend of the court, $30.00.

21
(ii) If the matter was contested or uncontested and was sub-

22
mitted to domestic relations mediation, $50.00.

23
(iii) If the matter was contested or uncontested and the

24
office of the friend of the court conducted an investigation and

25
made a recommendation to the court, $70.00.

26
(e) Except as otherwise provided in this section, upon the

27
filing of a motion the sum of $20.00. In conjunction with an

05225'01 e 4

1
action brought under section 2950 or 2950a, a motion fee shall

2
not be collected for a motion to dismiss the petition, a motion

3
to modify, rescind, or terminate a personal protection order, or

4
a motion to show cause for a violation of a personal protection

5
order. A MOTION FEE SHALL NOT BE COLLECTED FOR A MOTION TO DIS-

6
MISS A FOREIGN PROTECTION ORDER OR A MOTION TO SHOW CAUSE FOR A

7
VIOLATION OF A FOREIGN PROTECTION ORDER UNDER SECTIONS 2950D TO

8
2950G. For each fee collected under this subdivision, the clerk

9
shall transmit $10.00 to the state treasurer for deposit in the

10
state court fund created by section 151a.

11
(f) For services under the direction of the court that are

12
not specifically provided for in this section relative to the

13
receipt, safekeeping, or expending of money, or the purchasing,

14
taking, or transferring of a security, or the collecting of

15
interest on a security, the clerk shall receive the allowance and

16
compensation from the parties as the court may consider just and

17
shall direct by court order, after notice to the parties to be

18
charged.

19
(g) Upon appeal to the court of appeals or the supreme

20
court, the sum of $25.00.

21
(h) The sum of $15.00 as a service fee for each writ of gar-

22
nishment, attachment, execution, or judgment debtor discovery

23
subpoena issued.

24
(2) The sums paid as provided in this section shall be held

25
to be in full for all clerk, entry, and judgment fees in an

26
action from the commencement of the action to and including the

05225'01 e 5

1
issuance and return of the execution or other final process, and

2
are taxable as costs.

3
(3) Except as otherwise provided in this section, the fees

4
shall be paid over to the county treasurer as required by law.

5
(4) The court shall order any of the fees prescribed in this

6
section waived or suspended, in whole or in part, upon a showing

7
by affidavit of indigency or inability to pay.

8
(5) The clerk of the circuit court shall prepare and submit

9
a court filing fee report to the executive secretary of the

10
Michigan judges retirement system created by the judges retire-

11
ment act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, at the

12
same time the clerk of the circuit court transmits the portion of

13
the fees collected under this section to the executive

14
secretary.

15
Enacting section 1. This amendatory act does not take

16
effect unless all of the following bills of the 91st Legislature

17
are enacted into law:

18
(a) Senate Bill No. _____ or House Bill No. 5299 (request

19
no. 05225'01 a).

20
(b) Senate Bill No. _____ or House Bill No. 5300 (request

21
no. 05225'01 b).

22
(c) Senate Bill No. _____ or House Bill No. 5301 (request

23
no. 05225'01 c).

24
(d) Senate Bill No. _____ or House Bill No. 5302 (request

25
no. 05225'01 d).

26
(e) Senate Bill No. _____ or House Bill No. 5304 (request

27
no. 05225'01 f).

05225'01 e 6

1
(f) Senate Bill No. _____ or House Bill No. 5305 (request

2
no. 05225'01 g).

3
(g) Senate Bill No. _____ or House Bill No. 5306 (request

4
no. 05225'01 h).

05225'01 e Final page. TLG