# MCR 2.002: Rule 2.002. Waiver of Fees for Indigent Persons

> Michigan · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_002

## Section

- **Citation:** MCR 2.002
- **Heading:** Rule 2.002. Waiver of Fees for Indigent Persons
- **Jurisdiction:** Michigan
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Michigan Court Rules / Civil Procedure / Michigan Court Rules / CH2 / MCR 2.002

## Text

(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.

## Nearby sections

- [MCR 2.001 Rule 2.001. Applicability](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_001.md)
- [MCR 2.002 Rule 2.002. Waiver of Fees for Indigent Persons](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_002.md)
- [MCR 2.003 Rule 2.003. Disqualification of Judge](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_003.md)
- [MCR 2.004 Rule 2.004. Incarcerated Parties](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_004.md)
- [MCR 2.101 Rule 2.101. Form and Commencement of Action](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_101.md)
- [MCR 2.102 Rule 2.102. Summons; Expiration of Summons; Dismissal of Action for Failure to Serve](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_102.md)
- [MCR 2.103 Rule 2.103. Process; Who May Serve](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_103.md)
- [MCR 2.104 Rule 2.104. Process; Proof of Service](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_104.md)
- [MCR 2.105 Rule 2.105. Process; Manner of Service](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_105.md)
- [MCR 2.106 Rule 2.106. Notice by Posting or Publication](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_106.md)
- [MCR 2.107 Rule 2.107. Service and Filing of Pleadings and Other Documents](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_107.md)
- [MCR 2.108 Rule 2.108. Time](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_108.md)
- [MCR 2.109 Rule 2.109. Security for Costs](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_109.md)
- [MCR 2.110 Rule 2.110. Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_110.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH2_R2_002. Check the current official text before relying on it. Not legal advice.