Order
Entered:

       May 2, 1995


92-12

Proposed Amendment of
MCR 2.002


       On order of the Court, this is to advise that the Court is
considering whether to amend MCR 2.002. Before determining whether
the proposal should be adopted, changed before adoption, or
rejected, this notice is given to afford any interested person the
opportunity to comment on the form or the merits of the proposal,
the text of which is as follows:

ICLE Editor's Note:

Rule 2.002          Waiver or Suspension of Fees and Costs for Indigent
                    Persons
(A)-(B)      [Unchanged.]
(C)    [Persons Receiving Public Assistance.] Grounds for Waiver or
       Suspension of Fees. Except as provided by subrule (D):
       (1)   If a party shows by ex parte affidavit or otherwise that
             he or she is receiving any form of public assistance, the
             payment of fees and costs as to that party shall be
             suspended.
       (2)   [(D) Other Indigent Persons.] If a party shows by ex
             parte affidavit or otherwise that he or she is unable
             because of indigency to pay fees and costs, the court
             shall order those fees and costs either waived or
             suspended until the conclusion of the litigation.
(D)    Frivolous or Malicious Actions. The court may on its own
       initiative deny the request for waiver or suspension of fees
       and dismiss the case if it is satisfied that the action is
       frivolous or malicious.
(E)-(H)      [Unchanged.]

STAFF COMMENT: The proposed amendment of MCR 2.002 would permit a
court to deny a motion to waive fees and dismiss an action if it
determines that the action is frivolous or malicious. The procedure
would be similar to that used by federal courts under 28 USC
§1915.

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.

       Publication of this proposal does not mean that the Court
       will issue an order on the subject, nor does it imply
       probable adoption in its present form. Timely comments
       will be substantively considered and your assistance is
       appreciated by the Court.

       A copy of this order will be given to the secretary of the
State Bar and to the State Court Administrator so that they can
make the notifications specified in MCR 1.201. Comments on this
proposal may be sent to the Supreme Court Clerk within 60 days
after it is published in the Michigan Bar Journal. When filing a
comment, please refer to our file number 92-12.