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Fines, Fees, Costs, and RatesFines, Fees, and Costs GenerallyCircuit Court Fee Schedule Civil Fines and Costs Ranges Civil Fines and Costs Distribution Cost of Living Allowance Crime Victim Rights Fee District Court Fee Schedule DNR Penalties Driver's License Clearance Fee for Friend of the Court Suspensions Fee and Other Schedules Fees for Ancillary Conservatorships and Guardianships Filing Fee for Petition for Subpoena to Testify Out-of-State Interest Rates for Civil Judgments Judgment or Order Entry Fees in Domestic Relations Cases Jury Demand Fees for Juvenile Delinquency Cases Late Fees Limitation on Recoverable Damages Miscellaneous Mileage Rates Motion Fees Probate Court Fee Schedule Process Server Fees Travel Rates 2003 Public Acts 70-79, 95-102, and 138 take effect October 1, 2003, and amend the laws affecting court filing fees, civil infraction assessments, minimum costs for misdemeanor and felony convictions, conditions of probation and parole, and priority of payment. Webcast presentations and materials have been prepared and are intended to assist trial court staff with implementation. In addition, information is provided on jury pay increases effective October 1, 2003, and reimbursement procedures for trial courts.
Civil Fines and Costs Ranges Recommended Ranges of Civil Fines
and Costs for First-Time Civil Infractions (41K PDF
file) The law regarding the assessment of costs in civil infraction cases
appears to limit costs to expenses, direct and indirect, to which the
plaintiff has been put in connection with the civil infraction excluding
expenses to support the day-to-day operations of the district court.
Therefore, a range of costs has been recommended to allow for variable
factors from court to court. Each court which establishes a schedule of fines and costs must prominently
post it and make it readily available for public inspection pursuant
to MCL 257.907(7).
Civil Fines and Costs DistributionThe State Court Administrative Office has published a distribution table for use by district and municipal courts to aid in distributing fines and costs in accordance with statutory provisions. See the table >>DNR PenaltiesThe Michigan Department of Natural Resources maintains a helpful bench guide for courts to use in commonly encountered wildlife conservation law violations.Restitution - License Revocations
Fee and Other SchedulesThe State Court Administrative Office has taken responsibility for updating trial court fee schedules that are issued by the Department of Treasury pursuant to MCL 21.41 et seq. and MCL 141.421 et seq. The latest fee schedules are below. Circuit Court Fee Schedule Crime Victim Rights FeeThe Crime Victims Rights Act prescribes that persons convicted of any felony, or a serious or specified misdemeanor, pay a fee to the court which is transmitted to the state Crime Victims Rights Fund. The purpose of the fund is to reimburse victims for expenses they incurred related to the crime which were not already reimbursed through insurance or restitution. For an adult felony conviction, the defendant must pay $60. For an adult specified or serious misdemeanor conviction, the defendant must pay $50. For a juvenile finding of determination, the juvenile must pay $20.
Judgment or Order Entry Fees in Domestic Relations CasesThe statute requires that courts assess either a $40 or $80 fee before the court enters a final judgment or post-judgment order that determines or modifies the custody, support, or parenting time of a child. Many courts collect the fee along with the filing fee at the filing of the initiating action (either the original complaint or a motion for a change in custody, support, or parenting time). The following guidelines provide direction on the assessment, collection, and management of these fees.
Driver's License Clearance Fee for FOC SuspensionsMCL 257.321c requires that circuit court clerks collect a $45 driver's license clearance fee from licensees seeking to remove friend of the court (FOC)-related driver's license suspensions. From each fee collected, MCL 552.321c(6) requires clerks to transmit $30 to the county treasurer for deposit into the Friend of the Court (215) Fund and $15 to the Secretary of State on a monthly basis. This fee is not remitted through the transmittal process on the State of Michigan Transmittal for Circuit and Probate Courts (form 57). Jury Demand Fees for Juvenile Delinquency CasesThe Revised Judicature Act specifically exempts requiring payment
of a jury demand fee by parties demanding a jury trial in the (former)
juvenile division of the probate court [MCL 600.857(3)]. Public Act
388 of 1996 indicates that a reference to the former juvenile division
of the probate court shall be construed to be a reference to the family
division of the circuit court [MCL 600.1009]. Therefore, a jury demand
fee should not be charged to a party demanding a jury trial in the
family division of the circuit court for a case filed under the provisions
of MCL 712A.1, et seq. Fees for Ancillary Conservatorships and GuardianshipsThe circuit court fee schedule clarifies that ancillary guardianship and conservatorship filing fees are $150, as is the case with other civil filing fees for cases filed in the family division. Other fee schedules issued by the Department of Treasury deal with such matters as mileage rates for service of process, revisions to accounting procedures, and child care fund collection fee, etc. For more information about fee schedules, contact the Department of Treasury at (517) 373 3223 or see their site at www.michigan.gov/treasury.
Late FeesUnder MCL 600.4801 and 600.4803, a 20% late penalty is applied to any total amount of costs, fees, penalty, or civil violation which has not been paid 56 days after the amount is due. See information regarding definitions, procedure for collecting the penalty, and the forms that apply to the procedure.
Motion FeesUnder MCL 600.880b, 600.2529, and 600.8371, and MCR 2.119(G), a motion fee must be paid by the party filing the motion under most circumstances. A motion fee shall be paid whether the request is entitled "motion," "petition," "application," or otherwise. See information regarding types of actions which require a motion fee.
Interest Rates for Civil JudgmentsWhen a person receives a money judgment from a Michigan court, they are permitted to add interest to the unpaid balance in accordance with rates determined by the Michigan Legislature and the Department of Treasury. Rates are updated by the Department of Treasury January 1 and July 1 of each year. See more information >>.
Cost of Living Allowance (COLA) RatesThe Estate and Protected Individuals Code (EPIC) lists specific dollar amounts relevant to various aspects of decedents' estate cases. It also provides for adjustment to those amounts to reflect changes in the cost of living. Statute directs the Department of Treasury to publish annually by February 1 a cost-of-living adjustment (COLA) factor which will determine the dollar amounts to be used in decedents' estate cases for decedents who died in that calendar year. For the most recent COLA rates see Department of Treasury publication >>.Limitation on Recoverable DamagesCap on Noneconomic Damages: Statute directs the Department of Treasury to annually adjust the limitation on noneconomic damages in order to reflect the cumulative annual percentage change in the consumer price index.Product Liability Determination on Economic Damages: Statute provides that if damages for economic loss cannot readily be ascertained by the trier of fact, then the trier of fact shall calculate damages for economic loss based on an amount that is equal to the state average median family income as reported in the immediately preceding federal decennial census and adjusted by the state treasurer. For the most recent adjustments to the cap on noneconomic damages and the state average mediate family income by the Department of Treasury, please see this Department of Treasury publication>>.
Travel RatesAnnually, in conjunction with the state fiscal year, the State Court Administrator establishes travel reimbursement rates for travel authorized and reimbursed by the State Court Administrative Office. See the most recent travel rates>>.
Miscellaneous
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