Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2963 (2026)

Commencement of civil action or filing appeal in civil action by prisoner; payment of filing fees and costs; claim of indigency; failure to pay fees and costs.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2963 Commencement of civil action or filing appeal in civil action by prisoner; payment of filing fees and costs; claim of indigency; failure to pay fees and costs.

Sec. 2963.

    (1) If a prisoner under the jurisdiction of the department of corrections submits for filing a civil action as plaintiff in a court of this state or submits for filing an appeal in a civil action in a court of this state and states that he or she is indigent and therefore is unable to pay the filing fee and costs required by law, the prisoner making the claim of indigency shall submit to the court a certified copy of his or her institutional account, showing the current balance in the account and a 12-month history of deposits and withdrawals for the account. The court then shall order the prisoner to pay fees and costs as provided in this section. The court shall suspend the filing of the civil action or appeal until the filing fee or initial partial filing fee ordered under subsection (2) or (3) is received by the court. If the court orders that a prisoner pay a filing fee or partial filing fee, all documents submitted by the prisoner that relate to that action or appeal shall be returned to the prisoner by the court along with 2 certified copies of the court order. An additional certified copy of the court order shall be sent to the department of corrections facility where the prisoner is housed. The prisoner then shall, within 21 days after the date of the court order, resubmit to the court all documents relating to the action or appeal, accompanied by the required filing fee or partial filing fee and 1 certified copy of the court order. If the filing fee or initial partial filing fee is not received within 21 days after the day on which it was ordered, the court shall not file that action or appeal, and shall return to the plaintiff all documents submitted by the plaintiff that relate to that action or appeal.

    (2) If, upon commencement of the civil action or the filing of the appeal, the balance in the prisoner's institutional account equals or exceeds the full amount of the filing fee required by law, the court shall order the prisoner to pay that amount.

    (3) If, upon commencement of the civil action or the filing of the appeal, the balance in the prisoner's institutional account is less than the full amount of the filing fee required by law, the court shall require the prisoner to pay an initial partial filing fee in an amount equal to 50% of the greater of the following:

    (a) The average monthly deposits to the prisoner's institutional account for the 12 months preceding the date on which the civil action is commenced or the appeal is filed.

    (b) The average monthly balance in the prisoner's institutional account for the 12 months preceding the date on which the civil action is commenced or the appeal is filed.

    (4) In determining the balance in a prisoner's institutional account for purposes of subsection (2) or (3), the court shall disregard amounts in the institutional account that are required by law or by another court order to be paid for any other purposes.

    (5) In addition to an initial partial filing fee under subsection (3), the court shall order the prisoner to make monthly payments in an amount equal to 50% of the deposits made to the account. Payments under this subsection shall continue until the full amount of the filing fee is paid. The collection of payments from the account, and their remittal by the department of corrections, shall be conducted as provided in section 68 of 1953 PA 232, MCL 791.268. If costs are assessed against a prisoner, and if the balance of the prisoner's institutional account is not sufficient to pay the full amount of the costs assessed, the court shall order the prisoner to make payments in the same manner required in this section for the payment of filing fees, and the full amount of the costs shall be collected and paid in the manner provided in this subsection and in section 68 of 1953 PA 232, MCL 791.268.

    (6) The total amount collected from a prisoner under subsections (3) to (5) shall not exceed the full amount of the filing fee and costs required by law.

    (7) For purposes of this section, the fact of a prisoner's incarceration cannot be the sole basis for a determination of indigency. However, this section shall not prohibit a prisoner from commencing a civil action or filing an appeal in a civil action if the prisoner has no assets and no means by which to pay the initial partial filing fee. If the court, pursuant to court rule, waives or suspends the payment of fees and costs in an action described in subsection (1) because the prisoner has no assets and no means by which to pay the initial partial filing fee, the court shall order the fees and costs to be paid by the prisoner in the manner provided in this section when the reason for the waiver or suspension no longer exists.

    (8) A prisoner who has failed to pay outstanding fees and costs as required under this section shall not commence a new civil action or appeal until the outstanding fees and costs have been paid.

    (9) If a prisoner is ordered by a court to make monthly payments for the purpose of paying the balance of filing fees or costs under this section, the agency having custody of the prisoner shall remove those amounts from the institutional account of the prisoner subject to the order and, when an amount equal to the balance of the filing fees or costs due is removed, remit that amount as directed in the order.

History: Add. 1996, Act 555, Eff. June 1, 1997 ;-- Am. 1999, Act 147, Imd. Eff. Nov. 1, 1999

Notes of Decisions
Cited in 537 cases (14 in the last 5 years), 1999–2025 · leading case: Jackson v. Wayne Circuit Court Judge, 929 N.W.2d 798 (Mich. Ct. App. 2018).
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Jackson v. Wayne Circuit Court Judge, 929 N.W.2d 798 (Mich. Ct. App. 2018). · cites it 41× “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
Doe v. Dep't of Corr., 312 Mich. App. 97 (Mich. Ct. App. 2015). · cites it 6× “5507, the provision in dispute, provides: (1) A prisoner shall not claim indigency under [MCL 600.2963] [2] in a civil action concerning prison conditions or an appeal of a judgment in a civil action concerning prison conditions or be allowed legal representation by an attorney…”
Andre Coleman v. Governor of State of Michigan, 413 F. App'x 866 (6th Cir. 2011). · cites it 2× “Mich. Comp. Laws § 600.2963 . Plaintiffs challenge the constitutionality of § 600.”
Carney v. Christiansen, 422 F. Supp. 2d 841 (W.D. Mich. 2006). · cites it 10× “Plaintiff attempted to re-file his suit in the Ingham Circuit Court (30th Circuit Court), but his pleadings were returned because he owed the outstanding fees and costs pursuant to MCL § 600.2963(8). Amend. Compl. at ¶¶ 122-23.”
Palmer v. Oakland Circuit Judge, 621 N.W.2d 221 (Mich. 2001). · cites it 3× “MCL 600.2963 requires persons under the jurisdiction of the Department of Corrections who wish to commence civil actions or appeals therefrom to pay an "initial partial filing fee.”
Terry Clifton v. Wayne Carpenter, 775 F.3d 760 (6th Cir. 2014). · cites it 2× “” Mich. Comp. Laws Ann. § 600.2963 (8). Tennessee cites two Michigan cases where prisoners challenged the constitutionality of that statutory provision but were not granted relief.”
Howard v. Whitbeck, 212 F. App'x 421 (6th Cir. 2007). · cites it 10× “Howard brought a challenge to Mich. Comp. Laws § 600.2963 , which requires prisoners to pay certain filing fees, arguing that the provision denied prisoners their fundamental right of access to courts and violated the Due Process and Equal Protection Clauses of the Fourteenth…”
Jackson v. Wayne Circuit Court Judge (In Re Jackson), 915 N.W.2d 476 (Mich. 2018). · cites it 16× “MCL 600.2963 governs the commencement of civil actions by prisoners.”
Keenan v. Dep't of Corr., 649 N.W.2d 133 (Mich. Ct. App. 2002). · cites it 12× “*635 Nevertheless, we conclude that the operation of MCL 600.2963 does affect a prisoner’s application for direct review under MCL 791.”
in Re Jackson (Mich. Ct. App. 2018). · cites it 41× “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
Alwine v. Hunky (W.D. Mich. 2020). · cites it 20× “) (quoting Mich. Comp. Laws § 600.2963 (8)). Plaintiff asked for reconsideration.”
Meeks 176401 v. Michigan Dep't of Corr. (W.D. Mich. 2020). · cites it 20× “) (quoting Mich. Comp. Laws § 600.2963 (8)). Plaintiff asked for reconsideration.”
Show all 537 citing cases →
— Mich. Comp. Laws § 600.2963(1) — 9 cases
Jackson v. Wayne Circuit Court Judge, 929 N.W.2d 798 (Mich. Ct. App. 2018). “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
Keenan v. Dep't of Corr., 649 N.W.2d 133 (Mich. Ct. App. 2002). “*635 Nevertheless, we conclude that the operation of MCL 600.2963 does affect a prisoner’s application for direct review under MCL 791.”
Jackson v. Wayne Circuit Court Judge (In Re Jackson), 915 N.W.2d 476 (Mich. 2018). “MCL 600.2963 governs the commencement of civil actions by prisoners.”
in Re Jackson (Mich. Ct. App. 2018). “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
Nathan Wilson v. M Chappa (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 600.2963(2) — 1 case
Keenan v. Dep't of Corr., 649 N.W.2d 133 (Mich. Ct. App. 2002). “*635 Nevertheless, we conclude that the operation of MCL 600.2963 does affect a prisoner’s application for direct review under MCL 791.”
— Mich. Comp. Laws § 600.2963(3) — 4 cases
Jackson v. Wayne Circuit Court Judge, 929 N.W.2d 798 (Mich. Ct. App. 2018). “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
Palmer v. Oakland Circuit Judge, 621 N.W.2d 221 (Mich. 2001). “MCL 600.2963 requires persons under the jurisdiction of the Department of Corrections who wish to commence civil actions or appeals therefrom to pay an "initial partial filing fee.”
Jackson v. Wayne Circuit Court Judge (In Re Jackson), 915 N.W.2d 476 (Mich. 2018). “MCL 600.2963 governs the commencement of civil actions by prisoners.”
in Re Jackson (Mich. Ct. App. 2018). “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
— Mich. Comp. Laws § 600.2963(4) — 1 case
Palmer v. Oakland Circuit Judge, 621 N.W.2d 221 (Mich. 2001). “MCL 600.2963 requires persons under the jurisdiction of the Department of Corrections who wish to commence civil actions or appeals therefrom to pay an "initial partial filing fee.”
— Mich. Comp. Laws § 600.2963(7) — 3 cases
Jackson v. Wayne Circuit Court Judge (In Re Jackson), 915 N.W.2d 476 (Mich. 2018). “MCL 600.2963 governs the commencement of civil actions by prisoners.”
Alwine v. Hunky (W.D. Mich. 2020). “) (quoting Mich. Comp. Laws § 600.2963 (8)). Plaintiff asked for reconsideration.”
Meeks 176401 v. Michigan Dep't of Corr. (W.D. Mich. 2020). “) (quoting Mich. Comp. Laws § 600.2963 (8)). Plaintiff asked for reconsideration.”
— Mich. Comp. Laws § 600.2963(8) — 507 cases
Jackson v. Wayne Circuit Court Judge, 929 N.W.2d 798 (Mich. Ct. App. 2018). “2963(8) because plaintiff owed outstanding fees to this Court from a prior case he brought in this Court that was subject to MCL 600.2963. Under MCL 600.2963(1), the provisions of MCL 600.”
Carney v. Christiansen, 422 F. Supp. 2d 841 (W.D. Mich. 2006). “Plaintiff attempted to re-file his suit in the Ingham Circuit Court (30th Circuit Court), but his pleadings were returned because he owed the outstanding fees and costs pursuant to MCL § 600.2963(8). Amend. Compl. at ¶¶ 122-23.”
Andre Coleman v. Governor of State of Michigan, 413 F. App'x 866 (6th Cir. 2011). “Mich. Comp. Laws § 600.2963 . Plaintiffs challenge the constitutionality of § 600.”
Terry Clifton v. Wayne Carpenter, 775 F.3d 760 (6th Cir. 2014). “” Mich. Comp. Laws Ann. § 600.2963 (8). Tennessee cites two Michigan cases where prisoners challenged the constitutionality of that statutory provision but were not granted relief.”
Jackson v. Wayne Circuit Court Judge (In Re Jackson), 915 N.W.2d 476 (Mich. 2018). “MCL 600.2963 governs the commencement of civil actions by prisoners.”
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