reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8306 - Power With Respect to Attachment and Garnishment; Conditions Upon Which Relief Available; Compliance With Rules; Garnishment Proceedings as Auxiliary Actions; Fees.

600.8306 Power with respect to attachment and garnishment; conditions upon which relief available; compliance with rules; garnishment proceedings as auxiliary actions; fees.
Sec. 8306.
(1) Subject to the limitations of jurisdictional amount and venue otherwise applicable in the particular court, the district court and municipal courts shall have the same power with respect to attachment and garnishment as the circuit court.
(2) The conditions upon which relief is available under this section shall be the same as are applicable to actions in the circuit court under section 4001 with respect to attachment and under sections 4011 and 4012 with respect to garnishment.
(3) The district court and municipal courts may exercise the jurisdiction granted by this section only if action is taken in accordance with rules adopted by the supreme court to protect the parties.
(4) In the district court, except where service of a writ of garnishment is a prerequisite to the exercise of jurisdiction under the conditions prescribed in section 4011(3), all garnishment proceedings shall be treated as auxiliary actions to the principal action. The party commencing such a proceeding in the district court shall not be required to pay an additional filing fee or jury fee with respect to that garnishment proceeding. The clerk shall charge and collect a $15.00 service fee for each writ of garnishment, attachment, or execution or for each judgment debtor discovery subpoena issued.
(5) Fees shall not be required with respect to attachment and garnishment except as otherwise provided by law.
History:
Add. 1971, Act 41, Eff. Mar. 30, 1972 ;-- Am. 1974, Act 371, Eff. Apr. 1, 1975 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1993, Act 189, Eff. Oct. 8, 1993
Compiler's Notes:
Section 3 of Act 371 of 1974 provides: “The provisions of this act shall apply to all actions pending or commenced on or after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8307 - Actions as Cause of Discipline or Discharge of Principal Defendant From Employment; Reinstatement; Civil Action.

600.8307 Actions as cause of discipline or discharge of principal defendant from employment; reinstatement; civil action.
Sec. 8307.
A garnishee defendant shall not use the fact that the principal defendant has had 1 or more actions brought against him under the provisions of section 8306 or chapter 40 as a cause of discipline or discharge of the principal defendant from employment. A garnishee defendant who violates the provisions of this section shall be required to reinstate the principal defendant to employment and reimburse all compensation lost by the discipline or discharge. The principal defendant may enforce his rights under this section by appropriate civil action.
History:
Add. 1974, Act 371, Eff. Apr. 1, 1975
Compiler's Notes:
Section 3 of Act 371 of 1974 provides: “The provisions of this act shall apply to all actions pending or commenced on or after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8308 - Unlawful Taking or Detention of Goods or Chattels; Civil Action to Recover Possession; Power of District Court, Municipal Court, and Common Pleas Court; Conditions; Delivery Before Judgment.

600.8308 Unlawful taking or detention of goods or chattels; civil action to recover possession; power of district court, municipal court, and common pleas court; conditions; delivery before judgment.
Sec. 8308.
(1) Subject to the limitations of jurisdictional amount and venue otherwise applicable in the particular court, the district court, municipal court, and a common pleas court shall have the same power as the circuit court with respect to civil actions to recover the possession of goods or chattels which are unlawfully taken or unlawfully detained.
(2) The conditions upon which relief is available under this section shall be the same as are applicable to actions in the circuit court under section 2920(1).
(3) Delivery of the goods or chattels to the claimant before judgment may be required only as provided in section 2920(1)(d).
History:
Add. 1976, Act 79, Imd. Eff. Apr. 12, 1976
Compiler's Notes:
Section 2 of Act 79 of 1976 provides: “This amendatory act shall apply to all actions pending or commenced on or after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8311 - District Court; Jurisdiction.

600.8311 District court; jurisdiction.
Sec. 8311.
The district court has jurisdiction of all of the following:
(a) Misdemeanors punishable by a fine or imprisonment not exceeding 1 year, or both.
(b) Ordinance and charter violations punishable by a fine or imprisonment, or both.
(c) Arraignments, the fixing of bail and the accepting of bonds.
(d) Probable cause conferences in all felony cases and misdemeanor cases not cognizable by the district court and all matters allowed at the probable cause conference under section 4 of chapter VI of the code of criminal procedure, 1927 PA 175, MCL 766.4.
(e) Preliminary examinations in all felony cases and misdemeanor cases not cognizable by the district court and all matters allowed at the preliminary examination under chapter VI of the code of criminal procedure, 1927 PA 175, MCL 766.1 to 766.22. There shall not be a preliminary examination for any misdemeanor to be tried in a district court.
(f) Circuit court arraignments in all felony cases and misdemeanor cases not cognizable by the district court under section 13 of chapter VI of the code of criminal procedure, 1927 PA 175, MCL 766.13. Sentencing for felony cases and misdemeanor cases not cognizable by the district court shall be conducted by a circuit judge.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1969, Act 261, Eff. Sept. 1, 1969 ;-- Am. 2014, Act 124, Imd. Eff. May 20, 2014
Compiler's Notes:
Enacting section 2 of Act 124 of 2014 provides:"Enacting section 2. This amendatory act applies to cases in which the defendant is arraigned in the district court or the municipal court on or after January 1, 2015."
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8313 - Prosecution of Violations; Exception.

600.8313 Prosecution of violations; exception.
Sec. 8313.
(1) A violation of state criminal law shall be prosecuted in the district court by the prosecuting attorney. A violation of an ordinance of a political subdivision that is a misdemeanor or that is not designated as a civil infraction shall be prosecuted in the district court by the attorney for the political subdivision whose ordinance was violated. If the violation is a civil infraction, the prosecuting attorney or attorney for the political subdivision shall appear in court only in those civil infraction actions that are contested before a judge of the district court in a formal hearing as provided in any of the following, as applicable:
(a) Section 8721.
(b) Section 8821.
(c) Section 747 of the Michigan vehicle code, 1949 PA 300, MCL 257.747.
(2) This section does not apply to an ordinance violation designated a blight violation by a political subdivision that establishes an administrative hearings bureau pursuant to statute to adjudicate and impose sanctions for blight violations.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 2003, Act 319, Imd. Eff. Jan. 12, 2004
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8315 - Actions Prohibited; Exception.

600.8315 Actions prohibited; exception.
Sec. 8315.
The district court shall not have jurisdiction in actions for injunctions, divorce or actions which are historically equitable in nature, except as otherwise provided by law. However, the district court has jurisdiction and power to make any order proper to fully effectuate the district court's jurisdiction and judgments.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1996, Act 374, Eff. Oct. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8316 - Marriages; Authority to Perform; Fee; Indigent Parties; Waiver.

600.8316 Marriages; authority to perform; fee; indigent parties; waiver.
Sec. 8316.
(1) District judges and magistrates may perform marriages and shall charge a fee of $10.00 that shall be deposited in the treasury of the district control unit at the end of each month. A fee paid under this section shall be remitted to the district court in which the district judge or magistrate performing the marriage serves.
(2) A district judge or magistrate may waive the fee for performing a marriage ceremony if the parties to the marriage are indigent.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 2012, Act 267, Imd. Eff. July 3, 2012
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8317 - Powers of District Court.

600.8317 Powers of district court.
Sec. 8317.
The district court has the same power to issue warrants; subpoena witnesses; and require the production of books, papers, records, documents, and other evidence; and to punish for contempt as the circuit court now has or may hereafter have. The district court and the several judges thereof may provide for pleadings and motions; issue process and subpoenas; compel the attendance and testimony of witnesses; enter and set aside defaults and default judgments; allow amendments to pleadings, process, motions, and orders; order adjournments and continuances; appoint attorneys to represent indigent persons accused of misdemeanors or ordinance violations as defined in section 1(h) and (j) of chapter 1 of Act No. 175 of the Public Acts of 1927, being section 761.1 of the Michigan Compiled Laws; make and enforce all other writs and orders; and do all other things necessary to hear and determine matters within the jurisdiction of the court as provided by law. This section shall not be construed as an independent grant of jurisdiction in actions for injunctions, divorce, or actions which are historically equitable in nature. The judges and clerks of the district court and district court magistrates may administer oaths and affirmations and take acknowledgments of instruments in writing.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1974, Act 52, Imd. Eff. Mar. 26, 1974 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8318 - Pleadings and Procedures; Rules.

600.8318 Pleadings and procedures; rules.
Sec. 8318.
Pleadings and procedures in the district court shall be governed by rules established by the supreme court and the district court under supervision of the supreme court, except as otherwise provided by law.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8319 - Basis and Exercise of Jurisdiction.

600.8319 Basis and exercise of jurisdiction.
Sec. 8319.
Except as to an action commenced in the small claims division, the existence of any basis of jurisdiction provided for in chapter 7 shall enable the district court to exercise the jurisdiction provided therein.
History:
Add. 1971, Act 61, Imd. Eff. July 20, 1971
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8320 - Definitions; Multiple District Plans; Assignment as District Judge.

600.8320 Definitions; multiple district plans; assignment as district judge.
Sec. 8320.
(1) As used in this section:
(a) "Multiple district area" means an area composed of either of the following:
(i) Two or more districts of the district court within a county participating or proposing to participate in a multiple district plan.
(ii) Two adjoining districts of the first class.
(b) "Multiple district plan" means an arrangement in which a district judge or district court magistrate is authorized to conduct arraignments, set bail or recognizances, provide for the appointment of counsel, or make determinations of probable cause and issue warrants, for all of the participating districts within a multiple district area.
(2) The chief or only judges of 2 or more districts of the district court within a county or the chief or only judges of 2 adjoining districts of the first class may create a multiple district plan or plans subject to all of the following limitations and requirements:
(a) A multiple district plan shall be in writing and shall be signed by the chief or only judges of all participating districts in the multiple district area.
(b) A multiple district plan shall specify who has superintending control of a district court magistrate acting under the plan and may include, but shall not be limited to, provisions regarding compensation for the district court magistrate and any support personnel and use of facilities.
(c) A multiple district plan shall not grant to a district court magistrate powers or duties that are not authorized by chapter 85 or that exceed the authorization of the chief or only judge of the district on behalf of which the magistrate is acting.
(d) A multiple district plan may authorize a district court magistrate appointed pursuant to section 8501 to serve at any location, and on behalf of all participating districts, within the multiple district area.
(e) A multiple district plan is subject to approval by the state court administrator.
(3) A district judge shall not serve outside the district for which he or she is elected pursuant to a multiple district plan under this section unless he or she is assigned by the supreme court to act as a district judge for the other district or districts designated by the plan.
History:
Add. 1994, Act 5, Imd. Eff. Feb. 24, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8321 - Civil Process; Service.

600.8321 Civil process; service.
Sec. 8321.
(1) Civil process in the district court shall be served by a sheriff, deputy sheriff or a court officer appointed by the judges of the court for that purpose, except that officers of the department of state police or conservation officers of the department of natural resources may serve civil process in any action to which the state is a party and police officers of an incorporated city or village may serve civil process in any action to which the incorporated city or village is a party.
(2) Under rules of the supreme court, any other person may serve any process or order of the district court that does not require the seizure, attachment, or garnishment of property or the arrest of a person. This section applies notwithstanding section 1908.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8323 - District Court; Witnesses, Fees; Payment.

600.8323 District court; witnesses, fees; payment.
Sec. 8323.
Witnesses in the district court shall be entitled to receive the same fees and mileage allowances to which witnesses in circuit court are entitled. Where the county is responsible for such expenses in the circuit court, the district control unit for the place where the trial occurs shall be responsible for such expenses in the district court.
History:
Add. 1969, Act 269, Eff. Sept. 1, 1969
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8326 - Service of Process; Schedule of Fees; Mileage Rate.

600.8326 Service of process; schedule of fees; mileage rate.
Sec. 8326.
The schedule of fees and the rate for mileage provided in section 2559 shall be the fees and the rate of mileage for process served out of the district court.
History:
Add. 1979, Act 182, Imd. Eff. Dec. 19, 1979 ;-- Am. 1982, Act 173, Eff. Sept. 1, 1982
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8331 - Proceedings to Be Recorded.

600.8331 Proceedings to be recorded.
Sec. 8331.
All proceedings in the district court, except as otherwise provided by law or supreme court rule, shall be recorded.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8341 - Appeals on Record.

600.8341 Appeals on record.
Sec. 8341.
Appeals from the district court shall be on a written transcript of the record made in the district court or on a record settled and agreed to by the parties and approved by the court.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8342 - Appeals From District Court; Appeals to Court of Appeals From Circuit Court or Recorder's Court; Appeals Based on Pleas of Guilty or Nolo Contendere.

600.8342 Appeals from district court; appeals to court of appeals from circuit court or recorder's court; appeals based on pleas of guilty or nolo contendere.
Sec. 8342.
(1) Appeals from the district court shall be to the circuit court in the county in which the judgment is rendered.
(2) Except as provided in subsections (4) and (5), all appeals from final judgments shall be as of right and all other appeals shall be by application.
(3) All appeals to the court of appeals from judgments entered by the circuit court or the recorder's court on appeals from the district court shall be by application.
(4) All appeals from final orders and judgments based upon pleas of guilty or nolo contendere shall be by application.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1981, Act 206, Eff. Jan. 1, 1982 ;-- Am. 1994, Act 375, Imd. Eff. Dec. 27, 1994 ;-- Am. 1996, Act 374, Eff. Oct. 1, 1997
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8343 - Judgments of Abolished Courts.

600.8343 Judgments of abolished courts.
Sec. 8343.
All orders and judgments entered prior to January 1, 1969 by courts abolished under section 9921 shall be appealable in like manner and to the same courts as applicable prior to January 1, 1969.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8344 - Register of Actions as Replacement for Destroyed Paper Upon Which Judgment Entered; Applicability of Section.

600.8344 Register of actions as replacement for destroyed paper upon which judgment entered; applicability of section.
Sec. 8344.
The validity and enforceability of a judgment are not affected by the destruction of the piece of paper upon which the judgment is entered, but the register of actions itself, or a certified reproduction of the register of actions under the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, is a complete replacement of the judgment and the records of the action. This section applies to all of the following:
(a) Judgments of municipal and common pleas courts abolished after January 1, 1969, if the judgment was entered or the action disposed of after January 1, 1969.
(b) Actions entered in the small claims division of the district court, except that a register of actions is not required to be preserved or maintained after destruction of the file.
History:
Add. 1976, Act 371, Imd. Eff. Dec. 23, 1976 ;-- Am. 1984, Act 43, Imd. Eff. Mar. 26, 1984 ;-- Am. 1992, Act 192, Imd. Eff. Oct. 5, 1992 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005 ;-- Am. 2013, Act 199, Imd. Eff. Dec. 18, 2013
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8345 - Causes Transferred From Abolished Courts.

600.8345 Causes transferred from abolished courts.
Sec. 8345.
All causes of action transferred to the district court by the provisions of this act from any court abolished by the provisions of this act shall be as valid and subsisting as they were in the court from which they were transferred.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8351 - Jurors; Selection; Compensation; Failure to Respond to Jury Duty.

600.8351 Jurors; selection; compensation; failure to respond to jury duty.
Sec. 8351.
Jurors for the district court shall be selected in accordance with the provisions of chapter 13. Jurors in the district court shall be paid by the county in districts of the first and second class and by the political subdivisions where the trial takes place in districts of the third class in like amount as is paid to jurors of the circuit court. Failure to respond to jury duty in the district court shall be punishable in like manner as in the circuit court.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1969, Act 326, Eff. Sept. 1, 1969
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8353 - Civil Jury; Number; Verdict.

600.8353 Civil jury; number; verdict.
Sec. 8353.
In civil actions in the district court the jury shall consist of 6 persons. The court shall receive the verdict of 5 of such 6 jurors.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8355 - Criminal Jury; Number; Verdict.

600.8355 Criminal jury; number; verdict.
Sec. 8355.
In criminal actions in the district court the jury shall consist of 6 persons. The court shall receive only a unanimous verdict.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8361 - Repealed. 1984, Act 278, Eff. Jan. 1, 1985.

600.8361 Repealed. 1984, Act 278, Eff. Jan. 1, 1985.
Compiler's Notes:
The repealed section pertained to judgment fees.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8372, 600.8373 - Repealed. 1993, Act 189, Imd. Eff. Oct. 8, 1993.

600.8372, 600.8373 Repealed. 1993, Act 189, Imd. Eff. Oct. 8, 1993.
Compiler's Notes:
The repealed sections pertained to trial and jury fees.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8375 - Assessment of Costs.

600.8375 Assessment of costs.
Sec. 8375.
The district court may assess the same costs as are permitted in the circuit court. In civil infraction actions, the district court may assess costs as provided in section 907 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.907 of the Michigan Compiled Laws, section 8727, or section 8827, as applicable. A district court magistrate may assess costs in an amount fixed by rule of the district court.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8391 - Traffic Bureau; Establishment; Administration; Purpose; Authority Over Personnel; Location and Number of Offices; Appeals.

600.8391 Traffic bureau; establishment; administration; purpose; authority over personnel; location and number of offices; appeals.
Sec. 8391.
With the approval of the governing body of a district control unit, the district court may establish within the court a traffic bureau which may be administered by clerks or other personnel of the district court to accept, as authorized by the judges of the district, admissions for civil infractions under Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance corresponding thereto, and to collect civil fines and costs as prescribed by the judges of the district. Beginning August 1, 1979, a traffic bureau may also accept pleas of guilty for such traffic offenses as authorized by the judges of the district, except for violations of sections 625, 625b, 626, 626b, and 904 of Act No. 300 of the Public Acts of 1949, as amended, or a local ordinance corresponding thereto, and collect fines and costs as prescribed by the judges of the district, if the offense occurred before August 1, 1979 and if the maximum permissible punishment for the offense at the time the offense was committed did not exceed 90 days in jail or a fine of not more than $100.00, or both. The presiding judge of the district, subject to the supervision of the supreme court, shall have authority over the personnel and determine the location and number of traffic bureau offices. Appeals as of right may be taken from the traffic bureau to the district court. Appeals shall be taken within 7 days after the entry of the civil infraction admission and shall be heard de novo.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 67, Eff. Aug. 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8392 - State Civil Infraction Bureau.

600.8392 State civil infraction bureau.
Sec. 8392.
(1) Upon the approval of the governing body of a district control unit, the district court may establish within the court a state civil infraction bureau. The state civil infraction bureau may utilize clerks or other personnel of the district court to accept, as authorized by the judges of the district, admissions for civil infractions under chapter 88, and to collect civil fines and costs as prescribed by the judges of the district. The chief or only judge of the district, subject to the supervision of the supreme court, has authority over the state civil infraction bureau personnel and shall determine the location and number of state civil infraction bureau offices. Appeals by leave of the court may be taken from the state civil infraction bureau to the district court. Appeals shall be taken within 7 days after the entry of the civil infraction admission and shall be heard de novo.
(2) A state civil infraction bureau may be combined with a traffic bureau.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8395 - Parking Violations Bureau; Establishment; Purpose; Operating Expense; Operation by Downtown Development Authority; Definition.

600.8395 Parking violations bureau; establishment; purpose; operating expense; operation by downtown development authority; definition.
Sec. 8395.
(1) A city, village, or township may establish a parking violations bureau to accept civil infraction admissions in parking violation cases and to collect and retain civil fines and costs as prescribed by ordinance. Beginning August 1, 1979, a parking violations bureau may also accept pleas of guilty in parking violation cases if the violation occurred before August 1, 1979, and may collect and retain fines and costs as prescribed by ordinance at the time the violation occurred. Except as otherwise provided in subsection (2), the expense of operating parking violations bureaus shall be borne by the city, village, or township and the personnel of the bureau shall be city, village, or township employees.
(2) A city, village, or township may designate a downtown development authority located in that city, village, or township to operate a parking violations bureau under this section. The administration, expenses, personnel, distribution of parking violation revenue, and related matters shall be determined by a written agreement between the downtown development authority and the legislative body of the city, village, or township in which the downtown development authority is located.
(3) As used in this section, "downtown development authority" means an authority as defined under section 1 of 1975 PA 197, MCL 125.1651.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 67, Eff. Aug. 1, 1979 ;-- Am. 2005, Act 287, Imd. Eff. Dec. 19, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-83 - Chapter 83 District Court: Jurisdiction; Powers (600.8301...600.8396) › Section 600.8396 - Municipal Ordinance Violations Bureau.

600.8396 Municipal ordinance violations bureau.
Sec. 8396.
A county, city, village, or township may by ordinance establish a municipal ordinance violations bureau to accept admissions of responsibility for municipal civil infractions and to collect and retain civil fines and costs pursuant to a schedule as prescribed by ordinance. The expense of operating a municipal ordinance violations bureau shall be borne by the county, city, village, or township, and the personnel of the bureau shall be county, city, village, or township employees.
History:
Add. 1994, Act 12, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8401 - Small Claims Division; Creation; Judge; Jurisdiction.

600.8401 Small claims division; creation; judge; jurisdiction.
Sec. 8401.
A small claims division is created in each district as a division of the district court. A judge of the district court shall sit as judge of the small claims division. The jurisdiction of the small claims division shall be confined to cases for the recovery of money in which the amount claimed does not exceed the following:
(a) Beginning September 1, 2012, $5,000.00.
(b) Beginning January 1, 2015, $5,500.00.
(c) Beginning January 1, 2018, $6,000.00.
(d) Beginning January 1, 2021, $6,500.00
(e) Beginning January 1, 2024, $7,000.00.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1991, Act 192, Eff. July 1, 1992 ;-- Am. 1999, Act 27, Eff. Jan. 1, 2000 ;-- Am. 2012, Act 142, Eff. Sept. 1, 2012
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8401a - Instruction Sheets.

600.8401a Instruction sheets.
Sec. 8401a.
(1) The state court administrator shall prepare instruction sheets clearly explaining in plain English how the small claims division functions and how to commence and defend an action in the small claims division. A copy of the instruction sheet must be given to the claimant upon filing a claim. Copies of the instruction sheets shall be made available at the office of each clerk and deputy clerk of the district court and a copy of the defendant's instruction sheet shall be sent by the clerk or deputy clerk to the defendant along with the copy of the affidavit served upon the defendant under section 8404.
(2) In addition to general instruction sheets, the state court administrator shall prepare instruction sheets under subsection (1) specifically for an action under section 73109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.73109.
History:
Add. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1998, Act 547, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8402 - Commencement of Action; Filing, Form, and Contents of Affidavit; Notice; Name of Plaintiff; Removal; Waiver.

600.8402 Commencement of action; filing, form, and contents of affidavit; notice; name of plaintiff; removal; waiver.
Sec. 8402.
(1) An action shall be commenced in the small claims division by filing with the clerk or a deputy clerk of the district court an affidavit and 1 copy of the affidavit for each defendant to be served. The form and contents of the affidavit shall be as prescribed by statute and the state court administrator. On the same form as the affidavit there shall be printed a notice directing the defendant to appear and answer as prescribed in section 8404.
(2) The full and correct name of the plaintiff shall be given, and the affidavit shall state whether the plaintiff is a corporation, partnership, sole proprietorship, or individual. If the plaintiff was acting under an assumed name or business name at the time the claim arose, the assumed name or business name shall be given.
(3) The affidavit, in boldface type, shall inform both parties of the right to removal before trial from magistrate jurisdiction, if applicable, and removal before trial to the general civil division. The affidavit shall inform the parties of rights waived if they choose to remain in the small claims division.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1991, Act 192, Eff. July 1, 1992
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8403 - Affidavit Forms; Availability; Preparation.

600.8403 Affidavit forms; availability; preparation.
Sec. 8403.
Printed affidavit forms for the commencement of actions in the small claims division shall be available at the office of each clerk and deputy clerk of the district court who shall prepare such affidavit for a claimant upon request.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8404 - Service of Affidavit and Notice on Defendant; Form and Contents of Notice; Evening and Saturday Court Hours.

600.8404 Service of affidavit and notice on defendant; form and contents of notice; evening and Saturday court hours.
Sec. 8404.
(1) Upon the filing of the affidavit, the clerk or deputy clerk shall cause a copy of the affidavit to be served upon each defendant with a notice directing the defendant to appear and answer before a judge of the small claims division. The notice shall be in a form prescribed by the state court administrator and shall inform the defendant of all of the following:
(a) When and where to appear.
(b) That the defendant and the plaintiff are to bring all books, papers, and witnesses needed to establish any claim or defense.
(c) That failure to appear may result in a judgment against the defendant of up to the applicable jurisdictional amount as prescribed by section 8401, or the amount of the claim stated in the affidavit, whichever is less, together with costs of the action.
(d) That if settlement of the dispute is made before or at the hearing, the defendant may be charged with costs incurred by the plaintiff in initiating the action.
(e) That, even if the defendant does not have a legal defense, the defendant may appear to request installment payments pursuant to section 8410.
(2) The clerk shall inform the plaintiff and defendant that evening and Saturday court hours may be made available upon written request and need shown.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8405 - Service; Manner; Proof.

600.8405 Service; manner; proof.
Sec. 8405.
Except as otherwise provided in this section, service of the affidavit and notice to appear and answer shall be made upon the defendant by certified mail, return receipt requested and deliverable to the addressee only, by personal service, or upon a showing that service of process cannot reasonably be made as provided by this section, the court may, by order, permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard. Where service by certified mail is made, it shall be made by the clerk and the receipt of mailing together with the return card signed by the defendant shall constitute proof of service.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1996, Act 579, Imd. Eff. Jan. 17, 1997
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8406 - Appearances; Copy of Affidavit and Notice of Hearing; Application for New Notice; Jurisdiction to Render Judgment; Continuance.

600.8406 Appearances; copy of affidavit and notice of hearing; application for new notice; jurisdiction to render judgment; continuance.
Sec. 8406.
(1) The date for the appearance of the defendant provided in the notice shall not be less than 15 days nor more than 45 days after the date of the notice. The person filing the claim shall receive from the clerk a copy of the affidavit and notice of hearing. The plaintiff shall appear on the date shown in the notice of hearing and have all books, papers, and witnesses necessary to prove the claim. If the notice is not served upon the defendant at least 7 days before the appearance date, the plaintiff may apply to the clerk or deputy clerk for a new notice setting a new date for the appearance of the defendant which shall be not less than 15 days nor more than 30 days after the date of the issuance of the new notice.
(2) If a defendant is not personally served or did not sign the certified mail return receipt at least 7 days before the appearance date, there shall not be jurisdiction to render judgment, unless the defendant appears on the appearance date and does not request a continuance. If the defendant was not served within the minimum time specified, the matter, upon request of either party, shall be continued for not less than 7 days.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8407 - Filing of Claim in Small Claims Division; Restrictions.

600.8407 Filing of claim in small claims division; restrictions.
Sec. 8407.
(1) A claim shall not be filed or prosecuted in the small claims division by an assignee of a claim or by a third party beneficiary under a third party beneficiary contract.
(2) Within a district court district a person shall not file more than the following number of claims in the small claims division in 1 week:
(a) Except as provided in subdivision (b), a person shall not file more than 5 claims.
(b) A person shall not file more than 20 claims on behalf of a county, city, village, or township.
(3) A person shall not file a claim on behalf of a sole proprietorship or a partnership unless that person is the proprietor, a partner in the plaintiff partnership, or a full-time salaried employee of the plaintiff having knowledge of the facts surrounding the complaint. A person shall not file a claim on behalf of a corporation unless that person is a full-time, salaried employee having knowledge of the facts surrounding the complaint. A person shall not file a claim on behalf of a county, city, village, township, or local or intermediate school district unless that person is an elected or appointed officer or an employee of the county, city, village, township, or local or intermediate school district who has knowledge of the facts surrounding the complaint and who is authorized by the governing body of the county, city, village, township, or local or intermediate school district to file the claim.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 272, Imd. Eff. Dec. 19, 1984 ;-- Am. 1991, Act 192, Eff. July 1, 1992 ;-- Am. 2006, Act 486, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8408 - Parties; Representation; Request for Trial Before District Court Judge; Removal; Waiver.

600.8408 Parties; representation; request for trial before district court judge; removal; waiver.
Sec. 8408.
(1) An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant, except as is otherwise provided in this chapter, shall not take part in the filing, prosecution, or defense of litigation in the small claims division.
(2) A sole proprietorship, partnership, or corporation as plaintiff or defendant may be represented by an officer or employee who has direct and personal knowledge of facts in dispute. If the officer or employee who has direct and personal knowledge of facts in dispute is no longer employed by the defendant or plaintiff or is medically unavailable, the representation may be made by that person's supervisor, or by the sole proprietor, a partner, or an officer or a member of the board of directors of a corporation.
(3) A county, city, village, township, or local or intermediate school district as plaintiff or defendant may be represented only by an elected or appointed officer or an employee who has direct and personal knowledge of the facts in dispute. If the officer or employee who has direct and personal knowledge of the facts in dispute is no longer an officer or employee of the plaintiff or defendant, the representation may be made by that officer's successor or that employee's supervisor, or by a member of the governing body of the county, city, village, township, or local or intermediate school district. In addition, a person may not represent a county, city, village, township, or local or intermediate school district in the small claims division unless authorized to appear in the case by the governing body of the county, city, village, township, or local or intermediate school district.
(4) Before commencement of a trial, the plaintiff or defendant may, upon demand, require that the trial be conducted before a district court judge and not a magistrate, or may remove the case from the small claims division to the general civil division of the district court. If the parties commence a trial of the case in the small claims division, both parties waive all rights mentioned in section 8412.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 272, Imd. Eff. Dec. 19, 1984 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1991, Act 192, Eff. July 1, 1992