Michigan Laws 600.1986 – Electronic filing system fee; collection; waiver; governmental entity as party; automated payment service fee
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Terms Used In Michigan Laws 600.1986
- Automated payment: means an electronic payment method authorized by the state court administrative office at the direction of the supreme court, including, but not limited to, payments made with credit and debit cards. See Michigan Laws 600.1985
- Civil action: means an action that is not a criminal case, a civil infraction action, a proceeding commenced in the probate court under section 3982 of the estates and protected individuals code, 1988 PA 386, MCL 700. See Michigan Laws 600.1985
- Clerk: means the clerk of the court referenced in the rules of the supreme court and includes the clerk of the supreme court, chief clerk of the court of appeals, county clerk, probate register, district court clerk, or clerk of the court of claims where the civil action is commenced, as applicable. See Michigan Laws 600.1985
- Court funding unit: means 1 of the following, as applicable:
(i) For circuit or probate court, the county. See Michigan Laws 600.1985Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Electronic filing system: means a system authorized after the effective date of the amendatory act that added this chapter by the supreme court for the electronic filing of documents using a portal contracted for by the state court administrative office for the filing of documents in the supreme court, court of appeals, circuit court, probate court, district court, and court of claims. See Michigan Laws 600.1985 Electronic filing system fee: means the fee described in section 1986. See Michigan Laws 600.1985 Party: means the person or entity commencing a civil action. See Michigan Laws 600.1985 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Probate: Proving a will state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Beginning March 1, 2016, if a fee for commencing a civil action is authorized or required by law, in addition to that fee, the clerk shall also collect an electronic filing system fee, subject to section 1993, as follows:
(a) For civil actions filed in the supreme court, court of appeals, circuit court, probate court, and court of claims, $25.00.
(b) Except as provided in subdivisions (c) and (d), for civil actions filed in the district court, including actions filed for summary proceedings, $10.00.
(c) For civil actions filed in district court if a claim for money damages is joined with a claim for relief other than money damages, $20.00.
(d) For civil actions filed in the small claims division of district court, $5.00.
(2) Subject to section 1991, the clerk shall collect the electronic filing system fee listed under subsection (1) from the party at the time the civil action is commenced, whether or not the document commencing the civil action was filed electronically.
(3) If the court waives payment of a fee for commencing a civil action because the court determines that the party is indigent or unable to pay the fee, the court shall also waive payment of the electronic filing system fee.
(4) A party that is a governmental entity is not required to pay an electronic filing system fee.
(5) The clerk may accept automated payment of any fee being paid to the court. If the bank or other electronic commerce business charges the court or court funding unit a merchant transaction fee, the clerk may charge the person paying the fee an additional automated payment service fee as authorized by the state court administrative office. The amount of the automated payment service fee shall not exceed the actual merchant transaction fee to be charged to the court or court funding unit for accepting an automated payment by a bank or other electronic commerce business, or 3% of the automated payment, whichever is less.