On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 7.319 of the Michigan Court Rules is adopted, to be effective immediately.
[The present language is 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) — (b) [Unchanged.]
(c) $150 for a motion for immediate consideration; $150 for or a motion to expedite appeal; $75 for all other motions , except that a prosecuting attorney is exempt from paying a fee under this subdivision in an appeal arising out of a criminal proceeding, if the defendant is represented by a court-appointed lawyer;
(d) $75 for all other motions; (d) (e) — (g) (h) [Re-Lettered, but otherwise unchanged.]
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: The October 3, 2000, amendment of MCR 7.319(B)(7) exempts 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, if the defendant is represented by a court-appointed lawyer.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.