Michigan Supreme Court
State Court Administrative Office
Trial Court Services Division
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone (517) 373-4835
Jennifer Warner
Director
MEMORANDUM
DATE: December 20, 2018
TO: Judges
County Clerks
cc: Court Administrators
Probate Registers
FROM: Stephanie Beyersdorf, Management Analyst
RE: Amendments to MCR 2.002 Waiver of Fees for Indigent Persons
On December 3, 2018, the Michigan Supreme Court adopted amendments to MCR 2.002
1
. These
amendments will go into effect on January 1, 2019, and will change how fee waiver requests are
processed and decided in Michigan courts. The adopted changes specify which fees may be waived by
the courts, including which are automatically waived. It expands the definition of indigence and
provides an income standard for determination. The amended rule also includes a de novo review
procedure for individuals whose requests are denied. Sections of the rule that describe fee waivers in
domestic relations actions or payment of service fees and publication costs are largely unchanged.
Filing Fees Defined
The new language clarifies that only an individual, not an organization, is eligible to request and
receive a fee waiver. The rule lists the filing fees
2
that may be waived by statute and specifies that a
fee waiver must be filed in every case for which a waiver is requested by a party, even if he or she has
multiple cases. If a party files an appeal of a final judgment or order, a new waiver of fees request
must be filed with the appellate court.
Automatic Fee Waiver; Public Assistance Program or Representation by a Legal Services
Program
The rule provides for automatic waiver of fees under specific conditions and requires that the clerk of
the court certify (approve) the fee waivers in those situations on a form approved by the State Court
Administrative Office (SCAO). The clerk approval is combined with the SCAO-approved Fee Waiver
Request (form MC 20). The specific conditions are that the individual is a recipient of a means-tested
public assistance program or the individual is represented by a legal services program that is a grantee
1
Administrative Order 2002-37/2018-20 Amendment of MCR 2.002
2
Filing fees that may be waived by the court are those fees listed in 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.
Amendments to MCR 2.002 Fee Waiver Rule
December 20, 2018
Page 2
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. MCR 2.002(C) lists several public assistance
programs
3
; however, the list should not be construed as exhaustive. The clerk must date and sign the
form if the filer has completed the public assistance or legal services section of the form.
Fee Waiver Based on Other Indigence
MCR 2.002(E) maintains the waiver of fees based on indigence. If an individual does not receive
public assistance but requests a fee waiver because he or she is otherwise indigent, a judge must
determine if the person meets the criteria prescribed. Included in the rule for the first time is an
income threshold. For the purposes of MCR 2.002, indigence is defined as living in a household
whose gross income under 125 percent
4
of the federal poverty level
5
. The judge may take into account
all of the information provided on the Fee Waiver Request (form MC 20) and has three business days
to decide the request. An order granting or denying the request must be sent to the individual. The
order is combined with the SCAO-approved Fee Waiver Request (form MC 20).
Denial of Fee Waiver Request and De Novo Hearing
An order denying the request must be provided to the individual and state the reason why the request
was denied. If a fee waiver request is denied, the filer will have 14 days to pay the filing fee or the
filing will be rejected. Alternatively, the individual could request a de novo hearing. The hearing must
be requested within 14 days of the entry of the order; the request automatically stays the case and
preserves the filing date until the review is decided. The de novo hearing must be conducted within 14
days of receiving the request and must be closed and held on the record.
The rule provides guidelines as to notice and procedures for conducting the hearing. The individual
must bring documents to verify the information provided in the fee waiver request. The chief judge of
the court must conduct the de novo review unless the court is a single-judge court or if the chief judge
was the judge that issued the order denying the waiver request. In those instances, the judge must refer
the request to their SCAO regional administrator, who will assign another judge to decide the request
for de novo review. The court must enter an order on the de novo review and include its reasoning if
the request is denied.
Review of Fee Waiver Requests
There is a review procedure prescribed in the rule if the court determines that there is not enough
information to make a determination. The court may request more information than what is included
on the Fee Waiver Request (form MC 20) only in instances where the court finds that a request is
incomplete or has a reasonable belief that a request is inaccurate. Any hearing must be conducted on
the record and the notice of the hearing must include the specific issues that are subject to further
inquiry.
Reinstatement of Requirement to Pay
Under MCR 2.002(F), the individual is required to notify the court if their circumstances change or the
reason for the fee waiver no longer exists. The court may reinstate fees on its own initiative if the
3
The list includes but is not limited to: (1) Food Assistance Program through the State of Michigan; (2) Medicaid; (3) Financial
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.
4
This reflects the standard set for foreign language interpreters in MCR 1.111(A)(3)(a).
5
https://www.census.gov/topics/income-poverty/poverty/guidance.html.
Amendments to MCR 2.002 Fee Waiver Rule
December 20, 2018
Page 3
court finds that the individual’s circumstances have changed upon a finding of fact [MCR 2.002(I)]. If
the court orders that the individual must pay fees, the court must not delay the entry of order or
judgments or delay the case pending the payment of fees.
Fee Waiver Request (SCAO-approved Form MC 20)
SCAO-approved form MC 20 has been revised to reflect the amendments to MCR 2.002. Under MCR
2.002(B), as amended, only the SCAO-approved Fee Waiver Request (form MC 20) may be required
by a court to process a fee waiver request. No other information or documents may be required with
the filing of the request. The form contains a list of public assistance programs for the filer to check
and a blank line to write their public assistance case number, or a blank line to write the legal service
program they receive benefits from. There is a section for the filer to complete if they are requesting
the waiver due to indigence. The section requires certain financial information be disclosed for the
court to determine the filer’s indigence. The filer signs under penalty of perjury that the information
provided is true. There are lines for the date and signature of the court clerk at the bottom of the form
when items 1 and 2 are checked. The second page of the form contains an order for the judge to grant
or deny the request when item 3 is checked, including space to provide reasons for denial.
Notice of Denied Fee Waiver and Request for De Novo Review (SCAO-approved Form MC 114)
When the court denies a fee waiver request, the clerk of the court is required to send a notice of right to
request a de novo hearing. The order denying contains language notifying the filer they have 14 days
from the date of entry of the order to pay the filing fees or request a review. The clerk does not have to
send a separate notice form. The order denying also references SCAO-approved form MC 114, which
is designed for use by the individual to request a de novo hearing under MCR 2.002(F)(1).
517-373-0122. If you have questions regarding forms, please contact Matthew Walker at
[email protected] or 517-373-2217.
