MSC No. 154085, In re Request for Advisory Opinion Regarding the Constitutionality of 2016 PA 249
Due to the tremendous interest of the media and public in this case, the briefs are identified and linked below in the order in which they were filed:
E-Filing System Enhancements and New Fees
Beginning on March 1, 2016, the Supreme Court and Court of Appeals will collect the $25 electronic filing system fee required by MCL 600.1986, in addition to the $375 filing fee, for civil actions that are commenced in those Courts. This fee does not apply to civil appeals, only original actions, and is charged regardless whether the case is initiated electronically through TrueFiling or through the filing of paper copies. Governmental entities and those parties entitled to a fee waiver are exempt from paying the fee.
Starting July 1, 2016, filers who pay fees by credit card when submitting their documents electronically through TrueFiling will be charged a non-refundable automated payment service (APS) fee, as authorized by MCL 600.1986. The APS fee will be 3% of the total amount of the filing and will be paid to the credit card companies to cover the rates they charge for using their cards.
The assessment of the e-filing system fee and the automated payment service fee (when implemented) will be clearly identified on the payment screen before you submit your bundle to TrueFiling so you will know the total amount being charged for the transaction.
In addition, the Courts are pleased to announce the following technical enhancements to TrueFiling that will be implemented on or soon after March 1, 2016:
- The allowable file size for individual documents uploaded to TrueFiling will increase from 10 MB to 25 MB.
- Electronic documents will be time-stamped upon their receipt by TrueFiling which will allow the email notifications of the filing to include links to the time-stamped version of the document. Similarly, documents accessed through TrueFiling's My Recent Activity and History pages will be time-stamped versions.
- When either Court accepts an e-filed document, the resulting email notification and the status in TrueFiling will indicate that it has been "Filed," as opposed to "Tentatively Filed." However, "Filed" status in TrueFiling after acceptance by the Court does not necessarily mean the filing satisfies jurisdictional requirements or complies with the court rules. If there are problems with the filing, a staff person from the Court will contact the filer directly.
These enhancements to TrueFiling are being made in response to feedback from filers who completed the e-filing survey last summer. Additional enhancements will be implemented in the near future to make TrueFiling more streamlined and easier to use.
Civil and Criminal Pro Per Application Forms
The Clerk’s Office of the Michigan Supreme Court has designed two forms for use by unrepresented litigants in preparing applications for leave to appeal in civil and criminal cases. The forms satisfy the formatting and structural requirements of the court rules if they are completed in accordance with the accompanying instructions. The instructions and forms are not intended to provide legal advice on whether you should file the application, what factual information you should include, or what issues you should raise and argue. Providing these forms should not be viewed as encouraging anyone to act in propria persona (i.e., without the assistance of counsel) in the Supreme Court. There are many strategic and procedural decisions that must be made during the appeal process, and an attorney’s assistance might be critical to the success of your application.
Michigan Supreme Court Rules of Etiquette & Conduct
The Michigan Supreme Court's Rules of Etiquette and Conduct is a two-page brochure that provides important information to practitioners and members of the general public about properly conducting one's self inside the Michigan Hall of Justice, especially while observing or participating in oral arguments in the Supreme Court courtroom.
Oral Argument Guide
Attorneys who appear for oral arguments before the Michigan Supreme Court have a valuable new resource: a comprehensive guide on preparing for and arguing their cases. The Guide for Counsel in Cases to Be Argued in the Michigan Supreme Court was prepared by Supreme Court staff with extensive input from several prominent appellate practitioners. Topics include preparation for oral argument, filing, brief writing tips, oral argument procedures, and more. It is especially designed for those attorneys making their first appearance before the Court. The guide includes general information plus a directory of offices and programs. Click on the icon (left) to open the guide.