December 11, 2007, Introduced by Senator GEORGE and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2529 and 8371 (MCL 600.2529 and 600.8371),
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. 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 a
writ of habeas corpus, the party bringing the action or filing the
application
shall pay the sum a fee of $150.00
for each defendant
named in the action. 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 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
appellant or moving party shall pay $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 At the time 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 fee paid shall be taxed in
favor
of the party paying the fee, in case it if 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 moving party shall pay $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
related
to receiving, 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 a
party
shall pay the allowance and
compensation from the parties as
that
the court may consider determines to be just and shall direct
by
court order, as ordered by
the court after notice to the
parties. to
be charged.
(g) Upon appeal to the court of appeals or the supreme court,
the
sum of appellant shall pay
$25.00.
(h)
The sum of applicant or
requesting party shall pay $15.00
as a service fee for each writ of garnishment, attachment, or
execution
, or and each judgment debtor discovery subpoena issued.
(2)
The sums fees paid as provided in this section shall be
held
to be are payment 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
paid
under this section 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 a
fee of $150.00 for each defendant named in the action 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, 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 for each defendant named in the action if the amount in
controversy exceeds $1,750.00 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 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.
(4) Before a civil action is commenced in the district court,
the
party commencing the action shall pay to the clerk the sum a
fee of $45.00 for each defendant named in the action if the amount
in controversy exceeds $600.00 but does not exceed $1,750.00. 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 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.
(5) Before a civil action is commenced in the district court,
the
party commencing the action shall pay to the clerk the sum a
fee of $25.00 for each defendant named in the action 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 At the time 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 fee paid shall be taxed in
favor
of the party paying the fee, in case it if 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 The moving party
shall pay $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.