January 28, 2003, Introduced by Rep. Hummel and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2529 (MCL 600.2529), as amended by 2002
PA 605.
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, 2950a, or 2950h to 2950l is
5 commenced, or before the
filing of an application for
6 superintending control or
for an extraordinary writ, except the
7 a writ of habeas corpus, the party bringing the action or filing
8 the application shall pay
the sum of $100.00. The clerk at
9 At the end of each month, the clerk shall transmit for each fee
10 collected under this
subdivision within during the month ,
1 $18.75 to the executive secretary of the Michigan judges
2 retirement system created by the judges retirement act of 1992,
3 1992 PA 234, MCL 38.2101 to 38.2670; $5.00 to the secretary of
4 the Michigan legislative retirement system for deposit with the
5 state treasurer in the retirement fund created by the Michigan
6 legislative retirement system act, 1957 PA 261, MCL 38.1001 to
7 38.1080; $5.25 to the state treasurer for deposit in the general
8 fund; $2.00 to the state treasurer to be credited to the
9 community dispute resolution fund created by the community
10 dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564;
11 $11.00 to the county treasurer; and the balance of the filing fee
12 to the state treasurer for deposit in the state court fund
13 created in section 151a.
14 (b) Before the filing
of a claim of appeal or motion for
15 leave to appeal from the district court, probate court, a
16 municipal court, or an
administrative tribunal or agency, the
17 sum of $100.00. For each fee collected under this
subdivision,
18 the clerk shall transmit $15.00 to the state treasurer for
19 deposit in the state court fund created in section 151a.
20 (c) If At
the time a trial by jury is demanded, the party
21 making the demand at
the time shall pay the sum of $85.00.
22 Failure to pay the fee at the time the demand is made constitutes
23 a waiver of the right to
a jury trial. The sum jury fee shall
24 be taxed in favor of the
party paying that paid the fee , in
25 case if the party recovers a judgment for costs.
For each fee
26 collected under this subdivision, the clerk shall transmit $25.00
27 to the state treasurer for deposit in the juror compensation
1 reimbursement fund created in section 151d.
2 (d) Before entry of a final judgment in an action for divorce
3 or separate maintenance in which minor children are involved, or
4 the entry of a final judgment in a child custody dispute
5 submitted to the circuit court as an original action, 1 of the
6 following, sums,
which shall be deposited by the county
7 treasurer as provided in section 2530:
8 (i) If the matter was contested or uncontested and action
9 was not submitted to domestic relations mediation or
10 investigation by the friend of the court, $30.00.
11 (ii) If the matter was contested or uncontested and action
12 was submitted to domestic relations mediation, $50.00.
13 (iii) If the matter was contested or uncontested and
the
14 office of the friend of the court conducted an investigation and
15 made a recommendation to the court, $70.00.
16 (e) Except as
otherwise provided in this section, upon the
17 on filing of a
motion the sum of or on filing an initial
18 petition under section 2950 or 2950a, $20.00. In conjunction
19 with an action brought under section 2950 or 2950a, a
motion fee
20 shall not be collected for a motion to dismiss the petition, a
21 motion to modify, rescind, or terminate a personal protection
22 order, or a motion to show cause for a violation of a personal
23 protection order. A motion fee shall not be collected for a
24 motion to dismiss a proceeding to enforce a foreign protection
25 order or a motion to show cause for a violation of a foreign
26 protection order under sections 2950h to 2950l. For each fee
27 collected under this subdivision, the clerk shall transmit $10.00
1 to the state treasurer for deposit in the state court fund
2 created by section 151a.
3 (f) For services under the direction of the court that are
4 not specifically provided
for in this section relative to the
5 receipt, safekeeping, or expending
expenditure of money, or
6 the purchasing, taking, or transferring of a
security, or
7 the collecting of interest on a security, the
clerk shall
8 receive a party shall pay the allowance and
compensation from
9 the parties as considered just and ordered by the court may
10 consider just and
shall direct by court order, after
notice to
11 the parties party
to be charged.
12 (g) Upon appeal to the court of appeals or the supreme court,
13 the sum of $25.00.
14 (h) The sum of
$15.00 as As a service fee for each writ of
15 garnishment, attachment, execution, or judgment debtor discovery
16 subpoena issued, $15.00.
17 (2) The sums fees
paid as provided in this section shall
18 be held to be are payment in full for all clerk, entry, and
19 judgment fees in an action from the commencement of the action
20 to and including through the issuance and return of the
21 execution or other final process, and are taxable as costs.
22 (3) Except as otherwise provided in this section, the clerk
23 of the circuit court shall pay the fees shall be paid over
24 collected under this section to the county treasurer as required
25 by law.
26 (4) The court shall
order any of the fees a fee prescribed
27 in this section waived or suspended, in whole or in part, upon a
1 showing by affidavit of indigency or inability to pay.
2 (5) The clerk of the circuit court shall prepare and submit a
3 court filing fee report to the executive secretary of the
4 Michigan judges retirement system created by the judges
5 retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, at
6 the same time the clerk of the circuit court transmits the
7 portion of the fees collected under this section to the executive
8 secretary.