Michigan House Bill HB4147

Michigan 2023-2024 Regular Session

• Introduced: 2/28/23
• Refer: 2/28/23
• Report Pass: 4/12/23
• Engrossed: 4/13/23
• Refer: 4/19/23
• Report Pass: 4/19/23
• Enrolled: 4/26/23
• Chaptered: 5/23/23
• Passed: 5/23/23

Caption

Civil procedure: service of process; service of process for extreme risk protection order actions; provide for, and waive court fees. Amends secs. 1908, 2529 & 2559 of 1961 PA 236 (MCL 600.1908 et seq.). TIE BAR WITH: SB 0083'23

Impact

One of the significant impacts of HB 4147 is the alteration of fee structures for service of process in civil cases. The bill establishes specific conditions under which fees may be waived, particularly for indigent individuals or those involved in certain sensitive cases, such as those related to child custody or protection orders. This change is designed to ensure access to the legal system for all citizens, which is particularly important in matters of personal safety and family law.

Summary

House Bill 4147 amends existing laws regarding civil procedure in Michigan, specifically related to the service of process. This bill modifies several sections within the Michigan Compiled Laws pertaining to the organization and jurisdiction of courts, empowering a wider range of individuals to serve process in civil actions. It aims to streamline the process and clarify the responsibilities and fees associated with serving legal documents, thereby improving the efficiency of court proceedings. As part of these amendments, certain fees will be waived for cases involving extreme risk protection orders.

Sentiment

General sentiment surrounding HB 4147 appears to be cautiously optimistic, with supporters emphasizing the improvements in access and clarity regarding civil procedures. However, some concerns were raised about the feasibility of implementing these changes efficiently within the court system. There is an underlying recognition that while the bill aims to aid those in vulnerable situations, the practical challenges of enforcement and compliance may complicate its intended benefits.

Contention

Notable points of contention include debates about the implications of streamlining service of process and the responsibilities imposed on individuals authorized to serve legal documents. Critics have expressed concerns regarding potential abuses or misunderstandings related to the amendments, particularly in how fees will be managed and the role of non-traditional process servers. Additionally, there are apprehensions about the impact on current legal and judicial procedures, particularly concerning intimate partner violence and the handling of extreme risk protection orders.