HB-4861, As Passed Senate, September 26, 2007

HOUSE BILL No. 4861

(As amended June 19, 2007)

May 29, 2007, Introduced by Rep. Meadows 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 2005 PA 326.

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 where if costs are

allowed by order of the court:

     (a) The sum of $375.00 for 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, the sum of $100.00.

[Beginning October 1, 2007 2012, the fee required under this subdivision

House Bill No. 4861 as amended June 19, 2007

is $75.00.]

     (c) Upon the entry of a motion for immediate consideration or

a motion to expedite appeal upon the motion docket, the sum of

$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 when filing a

motion for immediate consideration or a motion to expedite appeal

with regard to an appeal arising out of a criminal proceeding.

[Beginning October 1, 2007 2012, the fee required under this subdivision

is $150.00.]

     (2) The clerk of the court of appeals shall be allowed the sum

of 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 the sum of 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 , securing and filing

and obtain and file a receipt for the fees deposited.

     (6) Costs shall be awarded in the discretion of the court.