CIRCUIT COURT TRANSCRIPT FEES

House Bill 4329 as introduced

Sponsor:  Rep. Hank Vaupel

Committee:  Judiciary

Complete to 10-21-19

SUMMARY:

House Bill 4329 would amend the Revised Judicature Act (RJA) to increase the payment due to circuit court reporters or recorders for transcripts ordered by any person, rather than allowing a higher fee only for certain transcripts ordered and timely filed as part of a program of differentiated case management.

The RJA authorizes circuit court reporters or recorders to be paid by any person requesting a transcript of a criminal or civil court case. Unless a lower fee is agreed on, the current fee is $1.75 per original page and 30 cents per page for each copy. However, 2004 PA 328 amended the RJA to allow a higher fee, 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, and then only for cases in which the circuit court either grants or denies summary disposition. If such a transcript is not timely filed, the court reporter is not entitled to receive the increased rate for the transcript. (Differentiated case management refers to a technique a court can use to process a case in accordance with the time frame and judicial resources required for the case rather than by using a “wait in line” process.)

The bill would eliminate the provision allowing a higher fee for transcribing records of summary dispositions of civil cases. Instead, the bill would increase the transcribing fees and apply the same rate to all transcription requests. Under the bill, the new fee to transcribe a circuit court case record would be $3.50 per original page and 75 cents per page for each copy. [It should be noted that the current fee that applies to most transcription requests was established in statute over 30 years ago.]

MCL 600.2543

FISCAL IMPACT:

Because transcript fees are paid for by litigants, HB 4329 would not have any fiscal impact on the state or on local units of government. However, if the state or a local unit of government was a party to the case, it would then incur the costs. If an increase in transcript fees resulted in more timely completion of transcripts, the bill could possibly generate administrative efficiencies and, ultimately, a savings for the Judiciary.   

                                                                                         Legislative Analyst:   Susan Stutzky

                                                                                                 Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.