June 20, 2006, Introduced by Senators GEORGE, HAMMERSTROM, KUIPERS and GOSCHKA and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1344, 2529, and 8371 (MCL 600.1344, 600.2529,
and 600.8371), section 1344 as amended by 2002 PA 739, section 2529
as amended by 2004 PA 205, and section 8371 as amended by 2005 PA
151.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1344. (1) A juror shall be reimbursed for his or her
traveling expenses at a rate, determined by the county board of
commissioners, that is not less than 10 cents per mile for
traveling from the juror's residence to the place of holding court
and returning for each day or 1/2 day of actual attendance at
sessions of the court.
(2) A juror also shall be compensated at a rate, determined by
the county board of commissioners, as follows:
(a)
Until October 1, 2003, not less than $15.00 per day and
$7.50
per 1/2 day of actual attendance at the court.
(a) (b)
Beginning October 1, 2003 Until
October 1, 2006, a
rate determined as follows:
(i) For the first day or 1/2 day of actual attendance at the
court, not less than $25.00 per day and $12.50 per 1/2 day.
(ii) For each subsequent day or 1/2 day of actual attendance at
the court, not less than $40.00 per day and $20.00 per 1/2 day.
(b) Beginning October 1, 2006, a rate determined as follows:
(i) For the first day or 1/2 day of actual attendance at the
court, not less than $30.00 per day and $15.00 per 1/2 day.
(ii) For each subsequent day or 1/2 day of actual attendance at
the court, not less than $60.00 per day and $30.00 per 1/2 day.
(3) If an action is removed from the circuit court to a lower
court, the jury fee shall be paid to the circuit court whether paid
before or after removal of the action to the lower court, and the
circuit court shall be responsible for payment of the compensation
to the juror involved.
(4) A clerk or deputy clerk of the court who fraudulently
issues a certificate of attendance of a juror on which the juror
receives pay, except as allowed by law, is guilty of a misdemeanor,
punishable by imprisonment for not more than 6 months, or a fine of
not more than $500.00, or both.
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 the
writ of habeas corpus, the party bringing the action or filing the
application
shall pay the sum of $150.00 $350.00. 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,
$200.00 to the state treasurer for deposit in the juror
compensation reimbursement fund created in section 151d, 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 sum 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.
(c) If a trial by jury is demanded, the party making the
demand at the time shall pay the sum 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 sum shall be taxed in favor of the party
paying the fee, in case 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, which shall be deposited by the
county treasurer as provided in section 2530:
(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). The court may order a party to
reimburse to the other party all or a portion of the fee paid by
that other party.
(e) Except as otherwise provided in this section, upon the
filing of a motion the sum 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 relative to the receipt,
safekeeping, or expending of money, or the purchasing, taking, or
transferring of a security, or the collecting of interest on a
security, the clerk shall receive the allowance and compensation
from the parties as the court may consider just and shall direct by
court order, after notice to the parties to be charged.
(g) Upon appeal to the court of appeals or the supreme court,
the sum of $25.00.
(h) The sum of $15.00 as a service fee for each writ of
garnishment, attachment, execution, or judgment debtor discovery
subpoena issued.
(2) The sums paid as provided in this section shall be held to
be 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
shall be paid over to the county treasurer as required by law.
(4) At the end of each month, the clerk shall transmit for
each fee collected under subsection (1)(d) $10.00 to the state
treasurer for deposit in the child support bench warrant
enforcement fund created by section 6a of the office of child
support act, 1971 PA 174, MCL 400.236a. The balance of the 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 balance of 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 under subsection (1)(d) is
a public officer acting in his or her official capacity, if the
order is submitted with the initial filing as a consent 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).
Sec. 8371. (1) In the district court, the fees prescribed in
this section shall be paid to the clerk of the court.
(2) Before a civil action is commenced in the district court,
the
party commencing the action shall pay to the clerk the sum of
$150.00
$200.00 if the amount in controversy exceeds $10,000.00.
For each fee collected under this subsection, the clerk shall
transmit $31.00 to the treasurer of the district funding unit in
which the action was commenced, $50.00 to the state treasurer for
deposit in the juror compensation reimbursement fund created in
section
151d, and shall transmit the
balance to the state
treasurer for deposit in the civil filing fee fund created by
section 171.
(3) Before a civil action is commenced in the district court,
the
party commencing the action shall pay to the clerk the sum of
$65.00
$100.00 if the amount in controversy exceeds $1,750.00
$5,000.00 but does not exceed $10,000.00. For each fee collected
under this subsection, the clerk shall transmit $23.00 to the
treasurer of the district funding unit in which the action was
commenced, of which not less than $5.00 shall be used by the
district funding unit to fund a drug treatment court if one is
planned, established, or operated in that judicial district. If the
entire amount attributable to the $5.00 portion is not needed for
the operation of a drug treatment court, the balance that is not
needed for that purpose shall be used for the operation of the
district court. If a drug treatment court is not planned,
established, or operated in that judicial district, all $23.00
shall
be used for the operation of the district court. The Of the
amount remaining, the clerk of the district court shall transmit
$35.00 to the state treasurer for deposit in the juror compensation
reimbursement fund created in section 151d, and the balance of the
filing fee to the state treasurer for deposit in the civil filing
fee fund created by section 171.
(4) Before a civil action is commenced in the district court,
the party commencing the action shall pay to the clerk the sum of
$45.00
$50.00 if the amount in controversy exceeds $600.00 but
does
not exceed $1,750.00 $5,000.00. For each fee
collected under
this subsection, the clerk shall transmit $17.00 to the treasurer
of the district funding unit in which the action was commenced, of
which not less than $5.00 shall be used by the district funding
unit to fund a drug treatment court if one is planned, established,
or operated in that judicial district. If the entire amount
attributable to the $5.00 portion is not needed for the operation
of a drug treatment court, the balance that is not needed for that
purpose shall be used for the operation of the district court. If a
drug treatment court is not planned, established, or operated in
that judicial district, all $17.00 shall be used for the operation
of
the district court. The Of
the amount remaining, the clerk of
the district court shall transmit $5.00 to the state treasurer for
deposit in the juror compensation reimbursement fund created in
section 151d, and the balance of the filing fee to the state
treasurer for deposit in the civil filing fee fund created by
section 171.
(5) Before a civil action is commenced in the district court,
the party commencing the action shall pay to the clerk the sum of
$25.00 if the amount in controversy does not exceed $600.00. For
each fee collected under this subsection, the clerk shall transmit
$11.00 to the treasurer of the district funding unit in which the
action was commenced, of which not less than $5.00 shall be used by
the district funding unit to fund a drug treatment court if one is
planned, established, or operated in that judicial district. If the
entire amount attributable to the $5.00 portion is not needed for
the operation of a drug treatment court, the balance that is not
needed for that purpose shall be used for the operation of the
district court. If a drug treatment court is not planned,
established, or operated in that judicial district, all $11.00
shall be used for the operation of the district court. The clerk of
the district court shall transmit the balance of the filing fee to
the state treasurer for deposit in the civil filing fee fund
created by section 171.
(6) The judge shall order payment of any statutory fees waived
or suspended if the person subject to the fee is receiving public
assistance or is determined by the court to be indigent.
(7) Neither this state nor a political subdivision of this
state shall be required to pay a filing fee in a civil infraction
action.
(8) Except for civil actions filed for relief under chapter
43, 57, or 84, if a civil action is filed for relief other than
money damages, the filing fee shall be equal to the filing fee in
actions for money damages in excess of $1,750.00 but not in excess
of $10,000.00 as provided in subsection (3) and shall be
transmitted in the same manner as a fee under subsection (3) is
transmitted. If a claim for money damages is joined with a claim
for relief other than money damages, the plaintiff shall pay a
supplemental filing fee in the same amount as required under
subsections (2) to (5).
(9) If a trial by jury is demanded, the party making the
demand at the time shall pay the sum of $50.00. Failure to pay the
fee at the time the demand is made constitutes a waiver of the
right to a jury trial. The sum shall be taxed in favor of the party
paying the fee, in case the party recovers a judgment for costs.
For each fee collected under this subsection, the clerk shall
transmit $10.00 to the state treasurer for deposit in the juror
compensation reimbursement fund created in section 151d.
(10) A sum of $20.00 shall be assessed for all motions filed
in a civil action. A motion fee shall not be assessed in a civil
infraction action. For each fee collected under this subsection,
the clerk shall transmit $10.00 to the state treasurer for deposit
in the state court fund created in section 151a and the balance
shall be transmitted to the treasurer of the district funding unit
for the district court in the district in which the action was
commenced.