Opinion
99-36.
February 18, 2000.
Order Entered February 18, 2000:
On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.319 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below:]
RULE 7.319. SUPREME COURT CLERK.
(A) [Unchanged.]
(B) Duties. The clerk shall do the following:
(1)-(6) [Unchanged.]
(7) Collect the following fees, which may be taxed as costs when costs are allowed by the Court:
(a) $250 for an application for leave to appeal;
(b) $250 for an original proceeding;
(c) $150 for a motion for immediate consideration; $150 for or a motion to expedite 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 in an appeal arising out of a criminal proceeding; (d) $75 for all other motions;
(d) (e) 50 cents per page for a certified copy of a paper, from a public record;
(e) (f) $5 for certified docket entries;
(f) (g) $1 for certification of a copy presented to the clerk;
(g) (h) 50 cents per page for a copy of an opinion; however, one copy must be given without charge to the attorney for each party in the case.
A person who is unable to pay a filing fee may ask the Court to waive the fee by filing a motion and an affidavit disclosing the reason for that inability.
Staff Comment: Consistent with MCL 600.321; MSA 27A.321, as amended by 1997 PA 182, the proposed amendment of MCR 7.319(B)(7) would exempt a prosecuting attorney from paying a fee when filing a motion for immediate consideration or a motion to expedite in an appeal arising out of a criminal proceeding.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file No. 99-36.