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HB 5046

Civil procedure: costs and fees; fees for transcripts; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).

2023-2024 Regular Session Introduced by Kelly Breen and 3 co-sponsors

The bill hikes official court transcript fees ( originals, copies, min charges ) and requires equipment costs to be borne by courts and reporters, with CPI adjustments every five y

assigned PA 226'24
#civilprocedure:costsandfees #courts:reportersorrecorders
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Bill Summary · HB 5046

Summary — HB 5046 (Public Act 226 of 2024)

Topic: Civil procedure — court reporter/recorder transcript fees (MCL 600.2543)

Main purpose

To update and increase statutory per‑page fees and related rules for court transcripts produced by official court reporters or recorders, add a minimum charge, set purchaser/agency responsibilities for equipment and supplies, and provide for periodic inflation adjustments.

Key provisions

  • Fee increases:
    • Original transcript pages: from $1.75 to $3.75 per page.
    • Copies: from $0.30 to $0.90 per page.
    • Minimum charge: $50.00 for an original transcript; copies charged at $0.90 per page.
  • Priority and compensation:
    • During normal court business hours, reporters/recorders must give first priority to appellate transcripts that are paid for by the court funding unit.
    • For transcripts ordered by a circuit judge, reporters are entitled to the same compensation from the court funding unit for work completed outside normal business hours.
  • Cost recovery:
    • Reporter/recorder fees for a transcript may be recovered as taxable costs of the prevailing party only if the transcript was obtained to move for a new trial or to prepare an appellate record.
  • Equipment and supplies:
    • Official court reporters/recorders must purchase supplies and equipment used to produce transcripts (e.g., transcript paper, ink, binders, production software/hardware).
    • The court funding unit (the county, city, or township that funds a court) must purchase equipment to capture and preserve the record (e.g., steno machines, audio‑video recording equipment, computers, digital storage).
  • Inflation adjustments:
    • On January 1, 2030, and every five years thereafter, the State Treasurer must adjust and publish the transcript and copy amounts to reflect cumulative annual change in the Consumer Price Index (CPI) for Michigan.

Who is affected

  • Primary: official circuit, probate, and district court reporters/recorders (district/probate fees mirror section 2543 by statute).
  • Secondary: litigants who order transcripts (increased out‑of‑pocket costs, particularly those preparing appeals); court funding units when courts order transcripts or supply/preserve the record.
  • Courts and taxpayers: minimal, negative fiscal impact anticipated when courts (judges) order transcripts; routine court responsibilities to purchase recording/preservation equipment already largely in place.

Background & legislative status / timeline

  • Sponsor: Rep. Nate Shannon (original House versions); final enrollment lists other sponsors.
  • House passed (with H‑1 substitute): Nov 1, 2023.
  • Senate passed: Dec 19, 2024.
  • Governor approved/enrolled as Public Act No. 226: Jan 17, 2025.
  • Effective date: April 2, 2025.
  • Note: the bill removes an obsolete provision authorizing a different (higher) fee schedule for certain differentiated case management transcripts (a program that expired).

Practical notes / implications

  • The statutory per‑page rates had been unchanged since 1986; the increase aims to better cover transcription production costs.
  • The CPI update mechanism delays automatic adjustments until 2030 and then only every five years, so interim market changes will not be reflected annually.
  • There is some ambiguity in legislative analyses about whether the equipment/supplies obligations extend uniformly to probate and district courts; courts currently bear record‑creation costs in practice.

Compiled from official sources — confirm details with the bill’s official record.

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