February 18, 2009, 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 2007 PA 64 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 if costs are allowed
by order of the court:
(a) For an appeal as of right, for an application for leave to
appeal,
or for an original proceeding, $375.00 $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, $100.00 $110.00. Beginning
October 1, 2012, 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, $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 with regard to
an
appeal arising out of a criminal proceeding. Beginning October
1,
2012, the fee required under this subdivision is $150.00.
(2)
The clerk of the court of appeals shall charge 50 cents
$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 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 party is
unable to pay the fees and copy
charges required by this section in an action or proceeding, the
person
party, by motion, accompanied by the person's party's
affidavit stating facts showing that inability, may ask the court
to waive the fees and copy charges and the court or a judge of the
court may waive payment of the fees and copy charges.
(6) (5)
Each month the clerk of the court
of appeals shall
deposit with the state treasurer all fees collected 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, 2009 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, 2012 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.