HOUSE BILL No. 4501

 

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.