March 21, 2007, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 321 and 2543 (MCL 600.321 and 600.2543),
section 321 as amended by 2005 PA 326 and section 2543 as amended
by 2004 PA 328.
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,
$415.00. 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 $110.00.
Beginning
October 1, 2007, 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, the sum of
$200.00
$225.00. 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, the fee required under this
subdivision
is $150.00.
(2)
The clerk of the court of appeals shall be allowed the sum
of
50 cents charge $1.50 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 of the court of appeals
shall charge the sum of
50
cents $1.50 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) On filing with the supreme court an application for leave
to appeal a decision by the court of appeals, the party filing the
application shall pay a $25.00 appeal fee to the clerk of the court
of appeals.
(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 , securing and
filing
and obtain and file a receipt for the fees deposited.
(7) (6)
Costs shall be awarded in the
discretion of the court.
Sec.
2543. (1) The For a
transcript ordered by any person,
unless a lower rate is agreed to, circuit court reporters or
recorders
are entitled to demand and receive per page for a
transcript
ordered by any person the sum of $1.75 $2.00 per
original
page and 30 cents per page for each copy. , unless a lower
rate
is agreed upon. For a transcript
ordered by the circuit judge,
reporters or recorders are entitled to receive from the county the
same compensation. The supreme court, by administrative order or
court rule, may authorize the payment to circuit court reporters or
recorders
the sum of $3.00 per original page and 50 cents per page
for each copy for transcripts ordered and timely filed as part of a
program of differentiated case management for appeals of civil
cases in which the circuit court either grants or denies summary
disposition. If a transcript ordered under a program of
differentiated case management is not timely filed, the circuit
court reporter or recorder is not entitled to receive the increased
rate for that transcript.
(2)
Only if the If a transcript is desired requested
for the
purpose of moving for a new trial or preparing a record for appeal,
shall
the amount of reporters' or
recorders' fees paid for the
transcript
be recovered shall be
allowed as a part of the taxable
costs
of the prevailing party in who prevails on the motion, or in
the court of appeals or the supreme court.
(3) On October 1, 2008 and on October 1 of each of the
following 2 years, the amounts in subsection (1) shall be increased
by 25 cents per original page and 5 cents per page for each copy.
(4) On October 1, 2011 and on October 1 of each of the
following 2 years, the state treasurer shall adjust the amounts in
subsection (1), as adjusted by subsection (3) and, if applicable,
this subsection, to reflect the cumulative annual percentage change
in the Detroit consumer price index and publish the adjusted
amounts. As used in this subsection, "Detroit consumer price index"
means the most comprehensive index of consumer prices available for
the Detroit area from the United States department of labor, bureau
of labor statistics.