Rule 8.201 Allocation of Costs in Third-Class Districts

(A) Duties of Clerks of Each Third-Class Control Unit Having a Clerk.

(1) On the last day of March, June, September, and December of each year, the clerk of each third-class control unit having a clerk (see MCL 600.8281) shall determine the total number of civil and criminal cases filed during the preceding three months in the district and each political subdivision of the district under subrule (B). These figures are the total number of cases entered and commenced in that district and each political subdivision.

(2) The clerk shall determine the total cost of maintaining, financing, and operating the district court within the district.

(3) The clerk shall determine the proper share of the costs to be borne by each political subdivision by use of the following formula: (the number of cases entered and commenced in each political subdivision divided by the total number of cases entered and commenced in the district) multiplied by the total cost of maintaining, financing, and operating the district court.

(4) The clerk shall determine the proper share of the salary of the court reporter or recorder under MCL 600.8621(1) by use of the following formula: (the number of cases entered and commenced in each political subdivision divided by the total number of cases entered and commenced in the district) multiplied by the total salary of the court reporter or recorder.

(5) The clerk shall certify the figures determined under subrules (A)(3) and (4) to the treasurer of each political subdivision in the district. Payment by each political subdivision of any unpaid portion of its certified share of the cost and salaries is then due.

(B) Determination of Cases Entered and Commenced.

(1) In the District. The total number of cases entered and commenced in the district is the total number of civil and criminal cases filed in the district for the time period in question, excepting those cases not attributable to a specific political subdivision under subrules (B)(2)(b) and (B)(3)(b).

(2) In Each Political Subdivision Having a District Court Clerk. The total number of cases entered and commenced in each political subdivision having a district court clerk is the total number of civil and criminal cases filed in the political subdivision for the time period in question, excepting those cases involving a filing plaintiff and one or more defendants whose residences are outside the political subdivision where filed.

(a) Cases in which a filing plaintiff and one or more defendants reside in the same political subdivision are deemed to have been entered and commenced in that political subdivision, even though filed elsewhere for purposes of MCL 600.8104.

(b) Cases in which the filing plaintiff and one or more defendants reside outside the political subdivision where the case was filed, but none of the defendants resides in the same political subdivision as the plaintiff, are to be disregarded for purposes of this rule and MCL 600.8104.

(3) In Each Political Subdivision Having No District Court Clerk.

(a) The total number of cases entered and commenced for the time period in question in each political subdivision having no district court clerk is the total number of civil and criminal cases in which the filing plaintiff and one or more defendants reside in the political subdivision, no matter where the case is filed.

(b) If more than one political subdivision qualifies under subrule (B)(3)(a), all are credited with one case for purposes of this rule and MCL 600.8104.