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Rule 2.002 – Waiver of Fees for Indigent Persons

May 13, 2021 | Civil Procedure, Michigan

(A) Applicability and scope.

(1) Only an individual is eligible for the waiver of fees under this rule. A private or public organization is not eligible for a waiver of fees unless an applicable statute provides that no fee(s) shall be required.
(2) Except as provided in subrule (I), for the purpose of this rule “fees” applies only to fees required by MCL 600.857, MCL 600.880, MCL 600.880a, MCL 600.880b, MCL 600.880c, MCL 600.1027, MCL 600.1986, MCL 600.2529, MCL 600.5756, MCL 600.8371, MCL 600.8420, MCL 700.2517, MCL 700.5104, and MCL 722.717.
(3) A request to waive fees must be filed in each case for which a waiver is requested. A request cannot be applied to multiple cases involving the same individual.
(4) If fees are waived under this rule before judgment, the waiver continues through the date of judgment unless ordered otherwise under subrule (J). If fees are waived under this rule postjudgment, the waiver continues through the date of adjudication of the postjudgment proceedings. In probate proceedings, “postjudment” means any proceeding in the case after the original petition is adjudicated. If jurisdiction of the case is transferred to another court, the waiver continues in the receiving court according to this rule unless ordered otherwise by the receiving court under subrule (J). If an interlocutory appeal is filed in another court, the waiver continues in the appellate court.
(5) If the case is appealed, the waiver is void in the appellate court. A request to waive appellate filing fees may be filed in the appellate court in accordance with this rule.
(B) Request for Waiver of Fees. A request to waive fees must accompany the documents the individual is filing with the court. The request must be on a form approved by the State Court Administrative Office entitled “Fee Waiver Request.” Except as provided in (K), no additional documentation may be required. The information contained on the form shall be nonpublic. The request must be verified in accordance with MCR 1.109(D)(3)(b) and be signed either

(1) by the individual in whose behalf the request is made; or
(2) by a person having personal knowledge of the facts required to be shown, if the individual in whose behalf the request is made is unable to sign it because of minority or other disability.
(C) Persons Receiving Public Assistance. If a party shows that he or she is receiving any form of means-tested public assistance, the clerk of the court must waive payment of fees as to that party on a form approved by the State Court Administrative Office. For purposes of this rule, means-tested public assistance includes but is not limited to:

(1) Food Assistance Program through the State of Michigan;
(2) Medicaid;
(3) Family Independence Program through the State of Michigan;
(4) Women, Infants, and Children benefits;
(5) Supplemental Security Income through the federal government; or
(6) Any other federal, state, or locally administered means-tested income or benefit.

The clerk of the court must provide a copy of the signed waiver of fees to the individual. The waiver shall be nonpublic.

(D) Representation by a Legal Services Program. If a party is represented by a legal services program that is a grantee of the federal Legal Services Corporation or the Michigan State Bar Foundation, or by a law school clinic that provides services on the basis of indigence, the clerk of the court must waive payment of fees as to that party on a form approved by the State Court Administrative Office.

The clerk of the court must provide a copy of the signed waiver of fees to the individual. The waiver shall be nonpublic.

(E) If the clerk of the court is unable to waive fees under (C) or (D), the clerk shall immediately submit the request for judicial review.
(F) Other Indigent Individuals. If an Individual shows that he or she is unable because of indigence to pay fees, the court shall order those fees waived. The court must waive fees when the individual lives in a household with gross income under 125% of the federal poverty guidelines. The court must also waive fees when gross household income is above 125% of the federal poverty guidelines if the payment of fees would constitute a financial hardship on the individual.
(G) Order Regarding a Request to Waive Fees. A judge shall enter an order either granting or denying a request made under (E) or (F) within three business days and such order shall be nonpublic. If required financial information is not provided in the waiver request, the judge may deny the waiver. An order denying shall indicate the reason for denial. The order granting a request must include a statement that the person for whom fees are waived is required to notify the court when the reason for waiver no longer exists.

(1) The clerk of the court shall send a copy of the order to the individual. If the court denied the request, the clerk shall also send a notice that to preserve the filing date the individual must pay the fees within 14 days from the date the clerk sends notice of the order or the filing will be rejected.
(2) De Novo Review of Fee Waiver Denials.

(a) Request for De Novo Review. If the court denies a request for fee waiver, the individual may file a request for de novo review within 14 days of the notice denying the waiver. There is no motion fee for the request. A request for de novo review automatically stays the case or preserves the filing date until the review is decided. A de novo review must be held within 14 days of receiving the request.
(b) Review.

(i) If the court holds a hearing on the request for de novo review, it shall be closed and held on the record. The clerk of the court shall serve notice of the review at least 9 days before the time set for the hearing if served by mail, or at least 7 days before the time set for the hearing if served by delivery under MCR 2.107(C)(1) or (2). The Michigan Rules of Evidence do not apply at this hearing.
(ii) If a hearing is held, the individual shall bring documents to verify the statements made in the fee waiver request and request for de novo review. The court may question the individual regarding the statements made in the requests.
(c) Chief Judge Ruling, Judicial Assignment.

(i) In a court having two or more judges, the chief judge shall decide the request for de novo review. In a single-judge court, or if the order denying waiver was issued by the chief judge, the judge shall refer the request to the state court administrator for assignment to another judge, who shall decide the request for de novo review.
(ii) The court shall enter an order reflecting its decision on the de novo review. If the court denies the request, it shall explain its reasoning in the order.
(H) Domestic Relations Cases; Payment of Fees by Spouse. If a party entitled to relief in an action for divorce, separate maintenance, annulment, or affirmation of marriage is qualified for a waiver of filing fees under subrule (C), (D), or (F) and is also entitled to an order requiring the other party to pay attorney fees, the court shall order waiver of payment of those fees and shall require the other party to pay them, unless the other party is also qualified to have filing fees waived under subrule (C) or (D) or (F).
(I) Payment of Service Fees and Costs of Publication for Indigent Individuals. If payment of fees has been waived for an Individuals and service of process must be made by an official process server or by publication, the court shall order the service fees or costs of publication paid by the county or funding unit in which the action is pending, if the individual files party submits an ex parte affidavit stating facts showing the necessity for that type of service of process. If known at the time, the affidavit may be included in or with the request to waive fees.
(J) Reinstatement of Requirement to pay Fees. If the payment of fees has been waived under this rule, the court may on its own initiative order the individual for whom the fees were waived to pay those fees when, upon a finding of fact, the court determines the reason for the waiver no longer exists. If an order to reinstate fees is entered, the individual must pay the fees as ordered. If fees are reinstated, the court shall not delay entry of orders or judgments or in any other way delay the progress of the case pending payment of the fees.
(K) Review of Fee Waiver Petitions. Only if a court finds that a request for a fee waiver is incomplete or if a court has a reasonable belief that a request is inaccurate, the court may conduct further inquiries reasonably necessary to prove indigence or financial hardship. Any hearing regarding these further inquiries shall be on the record. The notice of hearing shall indicate the specific issues that are subject to further inquiry.

Mich. R. Civil. Proc. 2.002

Amended December 3, 2018, effective January 1, 2019; amended January 23, 2019, effective January 23, 2019; amended October 28, 2020, effective January 1, 2021.