Rule 2.002. Waiver of Fees for Indigent Persons

(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 600.878, 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) Waiver of filing fees for prisoners who are under the jurisdiction of the Michigan

Department of Corrections is governed by MCL 600.2963 and as provided in this

rule.

(4) 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.

(5) 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, “postjudgment” 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.

ceedings, “postjudgment” 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.

(6) 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.

Chapter 2. Civil Procedure

(B) Request for Waiver of Fees. A request to waive fees must accompany the documents the

individual is filing with the court. If the request is being made by a prisoner under the

jurisdiction of the Michigan Department of Corrections, the prisoner must also file a

certified copy of their institutional account showing the current balance and a 12-month

history of any deposits and withdrawals. 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 may 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;

ublic 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.

le 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.

Chapter 2. Civil Procedure

(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. Except as

otherwise provided in the subrule, 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. If the individual is a prisoner under the jurisdiction of the Michigan

Department of Corrections, the clerk’s notice shall indicate that the prisoner must

pay the full or partial payment ordered by the court within 21 days after the date of

the order, or the filing will be rejected.

(2) De Novo Review of Fee Waiver Denials.

te the clerk sends notice of the order or the filing will be

rejected. If the individual is a prisoner under the jurisdiction of the Michigan

Department of Corrections, the clerk’s notice shall indicate that the prisoner must

pay the full or partial payment ordered by the court within 21 days after the date of

the order, or the filing will be rejected.

(2) De Novo Review of Fee Waiver Denials.

(a) Request for De Novo Review. Except as otherwise provided in this subrule, 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. A prisoner under

the jurisdiction of the Michigan Department of Corrections may file the de novo

review request within 21 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.

g 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.

Chapter 2. Civil Procedure

(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 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 individual 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 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

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 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.

(L) Notwithstanding any other provision of this rule, courts must enable a litigant who seeks

a fee waiver to do so by an entirely electronic process.