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) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8409 - Attachment or Garnishment Prohibited; Execution; Judgment, Enforcement; Instruction Sheets.

600.8409 Attachment or garnishment prohibited; execution; judgment, enforcement; instruction sheets.
Sec. 8409.
(1) Attachment or garnishment shall not issue from the small claims division prior to judgment but execution may issue in the manner prescribed by law and the judgment may be enforced in any other manner provided by law and not prohibited under the provisions of this chapter.
(2) The state court administrator shall prepare instruction sheets clearly explaining in plain English how, and under what circumstances, a plaintiff in whose favor a judgment has been entered may request the court to issue execution, attachment, or garnishment to enforce payment of the judgment. A copy of the instruction sheet shall be offered to the plaintiff at the same time as a copy of the judgment is given to the plaintiff under section 8410. Additional copies of the instruction sheets, and forms for writs of garnishment, shall be made available at the office of each clerk and deputy clerk of the district court.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- 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 600.8410 - Settlement; Payment of Judgment; Execution, Attachment, or Garnishment; Warning; Examination of Assets; Payment of Judgment in Full; Copy of Judgment.

600.8410 Settlement; payment of judgment; execution, attachment, or garnishment; warning; examination of assets; payment of judgment in full; copy of judgment.
Sec. 8410.
(1) Before or at the hearing the parties may make a settlement upon those terms as they may agree. The settlement shall be in writing and signed by both parties. Upon filing of the settlement with the court, the judge shall review the settlement and may enter it as the judgment of the court or may require that a full hearing take place.
(2) The judge shall order that a judgment in the small claims division shall be satisfied by payment to the clerk or the plaintiff either in a lump sum or in installments in amounts and at times as the judge considers just and reasonable under the circumstances. The judge shall also provide for a stay of further proceedings to collect the judgment while the defendant is in compliance with the order of the court.
(3) For good cause shown, the judge may reinstate an installment payment judgment previously not performed or the judge may alter the amount of installment payments and the time of payment of the judgment and shall authorize execution, attachment, or garnishment to issue where it appears that the defendant has not paid according to the terms of the judgment.
(4) The judgment shall include a warning that the defendant's failure to pay the judgment pursuant to its terms or any installment payment ordered may result in execution against the defendant's property and that the defendant may be compelled to appear for an examination of the defendant's assets.
(5) If the defendant is not present when the judgment is entered, or is present but does not immediately pay the full amount of the judgment when the judgment is entered, the judge shall order that the defendant, within 30 days after the date of entry of the judgment, pay the judgment in full or disclose in writing to the plaintiff and the court his or her place of employment and the location of his or her accounts in state or federally chartered banks, savings and loan associations, and credit unions.
(6) A copy of the judgment shall be given in court, delivered, or mailed immediately to each plaintiff and defendant following entry of the judgment.
History:
Add. 1968, Act 154, Imd, Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- 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 600.8410a - Writ of Garnishment as to Periodic Payments Issued by Small Claims Division of District Court; Duration.

600.8410a Writ of garnishment as to periodic payments issued by small claims division of district court; duration.
Sec. 8410a.
A writ of garnishment issued by the small claims division of the district court remains in effect as to periodic payments as provided in section 4012.
History:
Add. 1991, Act 67, Eff. Dec. 31, 1991 ;-- Am. 1994, Act 175, Imd. Eff. June 20, 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 600.8411 - Removal; Waiver; Hearings; Manner of Conducting; No Jury or Verbatim Record.

600.8411 Removal; waiver; hearings; manner of conducting; no jury or verbatim record.
Sec. 8411.
(1) Before the commencement of a trial in the small claims division, the district court judge or magistrate shall inform both parties, orally or in writing, of the right to removal before trial to the general civil division and of all rights waived if they choose to remain in the small claims division.
(2) In hearings before the small claims division, witnesses shall be sworn. The judge shall conduct the trial in an informal manner so as to do substantial justice between the parties according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications, the sole object of such trials is to dispense expeditious justice between the parties. There shall be no jury nor shall a verbatim record of such proceedings be made.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- 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 600.8412 - Waiver of Rights.

600.8412 Waiver of rights.
Sec. 8412.
Unless a party removes a small claims action to the district court pursuant to section 8408(4), all parties to an action in the small claims division shall be considered to have waived the right to counsel, the right to trial by jury, the right to recover more than the applicable jurisdictional amount as prescribed by section 8401, and any right of appeal, except that if the action is heard before a district court magistrate pursuant to section 8427, the parties have a right to an appeal to the small claims division of the district court as provided by section 8427. The affidavit prescribed in section 8402 shall contain a statement that the plaintiff understands that he or she has waived these rights.
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 600.8413 - Judgments; Conclusiveness; Form.

600.8413 Judgments; conclusiveness; form.
Sec. 8413.
All judgments of the small claims division shall be conclusive upon the plaintiff and the defendant and shall be in a form prescribed by the supreme 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) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8415 - Venue of Actions.

600.8415 Venue of actions.
Sec. 8415.
(1) Except as provided in subsections (3) and (4), in districts of the first class actions in the small claims division shall be filed in the county in which the cause of action arose or in the county in which the defendant is established or resides or is employed. If there is more than 1 defendant, actions shall be filed in the county in which any defendant is established or resides or is employed.
(2) Except as provided in subsections (3) and (4), in districts of the second or third class actions in the small claims division shall be filed in the district in which the cause of action arose or in the district in which the defendant is established or resides or is employed. If there is more than 1 defendant, actions shall be filed in the district in which any defendant is established or resides or is employed.
(3) In districts of the first class actions in the small claims division against a city, village, or township shall be filed in the county in which the city, village, or township is located. In districts of the first class actions in the small claims division against a county shall be filed in that county. In districts of the second or third class actions in the small claims division against a city, village, or township shall be filed in the district in which the city, village, or township is located. In districts of the second or third class actions in the small claims division against a county shall be filed in the district in which the county seat of the county is located.
(4) In districts of the first class, actions in the small claims division against a local or intermediate school district shall be filed in the county in which the local or intermediate school district has its principal administrative office. In districts of the second or third class, actions in the small claims division against a local or intermediate school district shall be filed in the district in which the local or intermediate school district has its principal administrative office.
(5) If the venue of an action is proper under this section at the time the action is filed in the small claims division and a party removes the action to the general civil division of the district court as provided by law or court rule, the court shall not order a change of venue of the action because the venue in which the action was filed would not have been proper if the action would have been filed in the general civil division of the district court. The court may order a change of venue of the action as otherwise required or permitted by court rule.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1984, Act 272, Imd. Eff. Dec. 19, 1984 ;-- Am. 1991, Act 192, Eff. July 1, 1992 ;-- Am. 1993, Act 99, Eff. Sept. 1, 1993
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 600.8416 - Location of Small Claims Division; Filing of Claims After Regular Court Hours; Scheduling of Small Claims Hearings; Hearings After Regular Court Hours.

600.8416 Location of small claims division; filing of claims after regular court hours; scheduling of small claims hearings; hearings after regular court hours.
Sec. 8416.
(1) The small claims division of the district court shall sit at least once each 30 days at the locations at which the district court is required to sit pursuant to section 8251.
(2) A clerk or deputy clerk of the district may be available for filing of claims with the small claims division after regular court hours at the discretion of the presiding judge.
(3) Scheduling of small claims hearings shall be done to lessen as much as possible the time that it is necessary for a plaintiff or defendant to be absent from employment. A judge of the district court may be available to hear small claims after regular court hours if the presiding judge determines that evening hours will facilitate the adjudication of small claims cases.
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 600.8418 - Judgments; Certification.

600.8418 Judgments; certification.
Sec. 8418.
If the defendant fails to pay the judgment according to the terms and conditions thereof, the clerk or deputy clerk of the court, on application of the plaintiff, shall certify such judgment on a form prescribed by the supreme 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) › 236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427) › Section 600.8419 - Forms and Stationery.

600.8419 Forms and stationery.
Sec. 8419.
Every clerk and deputy clerk of the district court shall be furnished a reasonable supply of all forms and stationery necessary for the expeditious and efficient operation of the small claims division by the governing legislative body of each district control unit.
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 600.8421 - Costs to Prevailing Party.

600.8421 Costs to prevailing party.
Sec. 8421.
The prevailing party in any action in the small claims division is entitled to costs of the action and also the costs of execution upon a judgment rendered therein. The costs shall include cost of service of the notice for the appearance of the defendant.
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 600.8422 - Counterclaim; Continuance.

600.8422 Counterclaim; continuance.
Sec. 8422.
If the defendant files a verified answer stating any new matter which constitutes a counterclaim, the court may grant a continuance upon request of either party.
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 600.8423 - Separate Action by Defendant; Transmittal Fee; Transfer of Cause.

600.8423 Separate action by defendant; transmittal fee; transfer of cause.
Sec. 8423.
(1) If a defendant in a small claims action has a claim against the plaintiff, which claim is for an amount over the jurisdiction of the small claims division but of a nature which would be subject to counterclaim in accordance with rules of the supreme court, he may commence an action against the plaintiff in a court of competent jurisdiction and file with the clerk or deputy clerk of the small claims division wherein the plaintiff has commenced his action, at or before the time set for the trial of the small claims action, an affidavit in a form prescribed by the supreme court setting forth the fact of the commencement of such action by the defendant. He shall attach to the affidavit a true copy of the complaint filed by him against plaintiff, and pay to the clerk or deputy clerk the sum of $1.00 for a transmittal fee, and shall mail to the plaintiff a copy of the affidavit and complaint at or before the time above stated. Thereupon the judge of the small claims division shall order that the small claims action shall be transferred to the court set forth in the affidavit and he shall transmit all files and papers in the action to the other court and the actions shall then be tried together in the other court.
(2) The plaintiff in the small claims action shall not be required to pay to the clerk of the court to which the action is transferred any transmittal, appearance or filing fee in the action.
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 600.8424 - Actions for Fraud, Libel, Slander, Assault, Battery, or Other Intentional Torts; Governmental Agency as Party.

600.8424 Actions for fraud, libel, slander, assault, battery, or other intentional torts; governmental agency as party.
Sec. 8424.
(1) Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division. This subsection does not apply to either of the following:
(a) An action for fraud under section 2952 or under the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922.
(b) An action under section 73109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.73109.
(2) Except as provided in subsection (3), the state, a political subdivision of the state, or any other governmental agency shall not be a party to an action in the small claims division.
(3) A county, city, village, township, or local or intermediate school district may file an action in the small claims division. An action may be filed in the small claims division against a county, city, village, township, or local or intermediate school district, but a party may not assert a claim with respect to which the county, city, village, township, or local or intermediate school district has immunity.
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 ;-- 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 600.8425 - Limitation on Claim or Recovery; Amendment Increasing Amount Claimed.

600.8425 Limitation on claim or recovery; amendment increasing amount claimed.
Sec. 8425.
(1) A person having a claim in excess of the applicable jurisdictional amount as prescribed by section 8401 may institute an action in the small claims division but may not claim or recover more than the jurisdictional amount.
(2) If an action properly commenced in the small claims division is removed to the district court or to any other court pursuant to section 8408 or 8423, either party may amend his or her own pleadings to increase the amount claimed upon payment of any difference in the applicable filing fee.
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 600.8426 - Name in Which Defendant Sued; Validity of Judgment.

600.8426 Name in which defendant sued; validity of judgment.
Sec. 8426.
An individual, sole proprietorship, partnership, or corporation may be sued in the small claims division in any name used in any advertisement, sign, invoice, sales slip, register tape, business card, contract, or other communication or document, published, displayed or issued to the public in the course of its business. Any judgment in such a name shall be valid if the business is accurately identified by a location or mailing address where or through which the business is carried on.
History:
Add. 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 600.8427 - Conduct of Small Claims Hearing by District Court Judge or Magistrate; Appeal.

600.8427 Conduct of small claims hearing by district court judge or magistrate; appeal.
Sec. 8427.
A small claims hearing may be conducted either by a district court judge or by a district court magistrate who is an attorney licensed to practice in this state and who is authorized to do so by the chief judge of the district court district as provided in section 8514. If the hearing is conducted by a district court magistrate, an appeal de novo as of right may be taken by either party to the small claims division of the district court. Appeal shall be taken within 7 days after the entry of the decision of the magistrate. Further appeal from the judgment of the district court judge shall not be available to either party.
History:
Add. 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) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8503 - District Court of First or Second Class; Clerk or Deputy Clerk as Magistrate.

600.8503 District court of first or second class; clerk or deputy clerk as magistrate.
Sec. 8503.
Subject to the provisions of section 8501, the judges of the district court within a district of the first or second class may appoint a clerk or deputy clerk as a magistrate to perform the duties and exercise the powers of a magistrate in addition to the duties as a clerk or deputy clerk of the district court.
History:
Add. 1970, Act 61, Eff. Apr. 1, 1971 ;-- 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) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8509 - Repealed. 1969, Act 333, Imd. Eff. Nov. 4, 1969.

600.8509 Repealed. 1969, Act 333, Imd. Eff. Nov. 4, 1969.
Compiler's Notes:
The repealed section pertained to magistrates; jurisdiction and duties.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8512 - Authority of District Court Magistrate; Special Training Course in Traffic Law and Sanctions; Limitation on Authority.

600.8512 Authority of district court magistrate; special training course in traffic law and sanctions; limitation on authority.
Sec. 8512.
(1) A district court magistrate may hear, preside over, and conduct any of the following in civil infraction actions under section 746 of the Michigan vehicle code, 1949 PA 300, MCL 257.746, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, or section 8719 or 8819 of this act, or in civil fine actions under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, as applicable:
(a) Admissions.
(b) Admissions with explanation.
(c) Motions to set aside default or withdraw admissions.
(d) Informal hearings.
(2) In exercising the authority conferred under subsection (1), a district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law. If a defendant is determined to be responsible for a civil infraction, or, under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, a civil fine, the district court magistrate may impose the civil sanctions authorized by section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, or section 8827 of this act, as applicable.
(3) A district court magistrate shall not conduct an informal hearing in a civil infraction action involving a traffic or parking violation governed by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he or she has successfully completed a special training course in traffic law adjudication and sanctions. The course must be given periodically by the state court administrator.
(4) A district court magistrate may exercise the authority conferred by this section only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.
History:
Add. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 2014, Act 384, Imd. Eff. Dec. 18, 2014 ;-- Am. 2022, Act 242, Eff. Mar. 29, 2023
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8512a - Powers of District Court Magistrate Generally.

600.8512a Powers of district court magistrate generally.
Sec. 8512a.
Only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district, a district court magistrate may do 1 or more of the following:
(a) Accept an admission of responsibility, decide a motion to set aside a default or withdraw an admission, and order civil sanctions for a civil infraction and order an appropriate civil sanction permitted by the statute or ordinance defining the act or omission.
(b) Accept a plea of guilty or nolo contendere and impose sentence for a misdemeanor or ordinance violation punishable by a fine and which is not punishable by imprisonment by the terms of the statute or ordinance creating the offense.
History:
Add. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 2014, Act 384, Imd. Eff. Dec. 18, 2014
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8513 - Additional Powers of District Court Magistrate; Judicial Immunity.

600.8513 Additional powers of district court magistrate; judicial immunity.
Sec. 8513.
(1) When authorized by the chief judge of the district and whenever a district judge is not immediately available, a district court magistrate may conduct the first appearance of a defendant before the court in all criminal and ordinance violation cases, including acceptance of any written demand or waiver of preliminary examination and acceptance of any written demand or waiver of jury trial. However, this section does not authorize a district court magistrate to accept a plea of guilty or nolo contendere not expressly authorized under section 8511 or 8512a. A defendant neither demanding nor waiving preliminary examination in writing is deemed to have demanded preliminary examination and a defendant neither demanding nor waiving jury trial in writing is considered to have demanded a jury trial.
(2) If authorized by the chief judge of the district, a district court magistrate may do any of the following:
(a) Approve and grant petitions for the appointment of an attorney to represent an indigent defendant accused of any misdemeanor punishable by imprisonment for not more than 1 year or ordinance violation punishable by imprisonment.
(b) Suspend payment of court fees by an indigent party in any civil, small claims, or summary proceedings action, until after judgment has been entered.
(c) Upon written authorization of the prosecuting or city attorney, sign a nolle prosequi dismissing any criminal or ordinance violation case over which the district court has jurisdiction and release any bail bond or bail bond deposit to the persons entitled to the bail bond or deposit. However, if the preliminary examination or trial has commenced or a plea of guilty or nolo contendere has been accepted by a district court judge, the dismissal order may be entered only by that judge or his or her alternate.
(d) Execute and issue process to carry into effect authority expressly granted by law to district court magistrates.
(3) A district court magistrate, for acts expressly authorized by the chief judge and by law, has judicial immunity to the extent accorded a district court judge.
History:
Add. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 2008, Act 95, Imd. Eff. Apr. 8, 2008 ;-- Am. 2014, Act 384, Imd. Eff. Dec. 18, 2014
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8514 - Administration of Oaths; Examination of Witnesses; Findings of Fact and Conclusions of Law; Recommending Judgment; Functions of Magistrate.

600.8514 Administration of oaths; examination of witnesses; findings of fact and conclusions of law; recommending judgment; functions of magistrate.
Sec. 8514.
A district court magistrate who is an attorney licensed to practice law in this state, if authorized by the chief judge of the district, in cases in the small claims division, may administer oaths, examine witnesses, make findings of fact and conclusions of law, and recommend a judgment in the case. In doing so, the magistrate shall perform all functions which a district judge could perform in trying a case in the small claims division. A recommended judgment shall become a final judgment as of the date the judgment was recommended unless an appeal is taken within 7 days after the judgment was recommended.
History:
Add. 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) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8515 - Appeals.

600.8515 Appeals.
Sec. 8515.
Appeals as of right may be taken from the district court magistrate to the district court. Appeal shall be taken within 7 days after the entry of the decision of the magistrate and shall be heard de novo.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- 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) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8541 - Superintending Control of District Judge; Limitation; Functions and Duties of District Judge in Chambers.

600.8541 Superintending control of district judge; limitation; functions and duties of district judge in chambers.
Sec. 8541.
(1) The judges of the district court shall exercise superintending control over all magistrates within their districts. A district judge may not extend the jurisdiction of a district court magistrate beyond the jurisdiction expressly provided by law.
(2) A district court judge may perform in chambers all functions and duties which a district court magistrate is authorized to perform under section 8511 or 8512a.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- 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) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8545 - Small Claims Division; Duties.

600.8545 Small claims division; duties.
Sec. 8545.
Magistrates shall exercise the same powers and perform the same duties as deputy clerks of the district court for the purpose of carrying out the provisions of chapter 84 although they shall not be considered deputy clerks.
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) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8551 - Magistrates to Sit at County Seat, City, or Other Determined Location.

600.8551 Magistrates to sit at county seat, city, or other determined location.
Sec. 8551.
Magistrates shall sit at any county seat and city or other locations as determined by the presiding judge.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1976, Act 16, Eff. Apr. 1, 1976
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-85 - Chapter 85 Magistrates (600.8501...600.8555) › Section 600.8555 - Repealed. 2005, Act 326, Imd. Eff. Dec. 27, 2005.

600.8555 Repealed. 2005, Act 326, Imd. Eff. Dec. 27, 2005.
Compiler's Notes:
The repealed section pertained to maintenance of docket on certain forms.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8601 - Certified Recorder or Reporter; Number; Functions and Duties.

600.8601 Certified recorder or reporter; number; functions and duties.
Sec. 8601.
There shall be not less than 1 district court certified recorder or reporter for each judge of the district court who, in addition to acting as official court recorder or reporter, may act as secretary to the district court judge and perform other functions and duties as may be required by rule of the supreme court.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8602 - Appointment of Recorder or Reporter; Appointment of Additional Recorders or Reporters; Functions and Duties.

600.8602 Appointment of recorder or reporter; appointment of additional recorders or reporters; functions and duties.
Sec. 8602.
(1) Each judge of the district court shall appoint his or her own recorder or reporter.
(2) Pursuant to supreme court rule, the chief or only judge of the district may appoint additional certified recorders or reporters. Appointed additional recorders or reporters shall perform the duties and functions of recorder or reporter when so assigned and shall perform other functions and duties as may be assigned by the chief or only judge of the district or the court administrator.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8611 - Repealed. 2005, Act 326, Imd. Eff. Dec. 27, 2005.

600.8611 Repealed. 2005, Act 326, Imd. Eff. Dec. 27, 2005.
Compiler's Notes:
The repealed section pertained to proceedings to be recorded.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8615 - Annual Salary of District Court Recorders or Reporters.

600.8615 Annual salary of district court recorders or reporters.
Sec. 8615.
The annual salary of district court recorders or reporters appointed pursuant to section 8602(1) shall be not less than $8,000.00 per year.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1974, Act 158, Eff. Sept. 1, 1974 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8625 - Recorders or Reporters; Expenses; Sworn Statement; Order.

600.8625 Recorders or reporters; expenses; sworn statement; order.
Sec. 8625.
The recorders or reporters of district courts composed of more than 1 county shall be entitled to receive, in addition to the salary provided for in this act, their necessary and actual expenses incurred in attending court in the counties of their district other than the county in which the recorder or reporter resides. Upon filing with the clerk of the district control unit in which the recorder or reporter has attended court a sworn statement that the expenses were incurred by the recorder or reporter and that the expenditures were necessary in performing such services, the district control unit treasurer shall pay such sum to the person entitled to it on presentation of an order properly drawn by the clerk, which order the clerk shall draw on receiving the sworn statement.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8626 - Residence of Recorder or Reporter.

600.8626 Residence of recorder or reporter.
Sec. 8626.
For the purposes of this chapter, the residence of a recorder or reporter who does not reside in the district in which he or she serves shall be deemed to be the same as the residence of the district judge for whom he or she serves.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8631 - Fees for Transcripts; Fees as Part of Taxable Costs.

600.8631 Fees for transcripts; fees as part of taxable costs.
Sec. 8631.
(1) A district court recorder or reporter shall be entitled to receive for a transcript ordered by any person the same fees as provided by law for circuit court reporters or recorders. For a transcript ordered by the district judge or a circuit judge, recorders or reporters shall be entitled to receive from the district control unit the same compensation.
(2) The amount of a recorder's or reporter's fees paid shall be recoverable as a part of the taxable costs by the prevailing party in a motion or on appeal.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1969, Act 266, Eff. Sept. 1, 1969 ;-- Am. 1972, Act 325, Imd. Eff. Jan. 2, 1973 ;-- Am. 1977, Act 31, Imd. Eff. June 22, 1977 ;-- Am. 1978, Act 156, Eff. July 1, 1978 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-86 - Chapter 86 Recorders and Stenographers (600.8601...600.8635) › Section 600.8635 - Reduction of Record to Writing; Costs; Transcript of Trial or Other Proceeding Ordered Other Than for Filing.

600.8635 Reduction of record to writing; costs; transcript of trial or other proceeding ordered other than for filing.
Sec. 8635.
(1) An original and copy of the verbatim record of all preliminary examinations in which the defendant is bound over to the circuit court for further proceedings shall be reduced to writing by the district court recorder or reporter when ordered by the circuit court and upon completion of the verbatim record shall be filed with the clerk of the circuit court, or as directed by the circuit court. An original of the verbatim record of other matters as may be required by supreme court rule shall be reduced to writing by the district court recorder or reporter and upon completion of the verbatim record shall be filed with the clerk of the district court or as directed by the district court. The county shall pay the costs of transcribing preliminary examinations in accordance with the schedule provided in section 8631.
(2) If a transcript of a trial or other proceeding is ordered other than for filing in the case file, the district court recorder or reporter also shall prepare and shall file a certified copy of the transcript in the case file at the expense of the person ordering the transcript unless a copy has been filed with the court, unless the circuit court has a copy pursuant to subsection (1), or unless the chief judge of the district court district orders otherwise in an order filed in the case file.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1969, Act 267, Eff. Sept. 1, 1969 ;-- Am. 1978, Act 156, Eff. July 1, 1978 ;-- Am. 1984, Act 43, Imd. Eff. Mar. 26, 1984 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8701 - Definitions.

600.8701 Definitions.
Sec. 8701.
As used in this chapter:
(a) "Authorized local official" means a police officer or other personnel of a county, city, village, township, or regional parks and recreation commission created under section 2 of 1965 PA 261, MCL 46.352, legally authorized to issue municipal civil infraction citations.
(b) "Citation" means a written complaint or notice to appear in court upon which an authorized local official records the occurrence or existence of 1 or more municipal civil infractions by the person cited.
(c) "Municipal civil infraction determination" means a determination that a defendant is responsible for a municipal civil infraction by 1 of the following:
(i) An admission of responsibility for the municipal civil infraction.
(ii) An admission of responsibility for the municipal civil infraction, "with explanation".
(iii) A preponderance of the evidence at an informal hearing or formal hearing on the question under section 8719 or 8721, respectively.
(iv) A default judgment for failing to appear as directed by a citation or other notice at a scheduled appearance under section 8715(3)(b) or (4), at an informal hearing under section 8719, or at a formal hearing under section 8721.
(d) "Ordinance" includes a temporary vessel speed limit established by a county emergency management coordinator or sheriff under section 80146 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80146.
History:
Add. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 2020, Act 71, Imd. Eff. Apr. 2, 2020
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8703 - Municipal Civil Infraction; Commencement; Political Subdivision as Plaintiff; Exception Under MCL 324.80146; Jurisdiction of Courts; Time and Place of Appearance.

600.8703 Municipal civil infraction; commencement; political subdivision as plaintiff; exception under MCL 324.80146; jurisdiction of courts; time and place of appearance.
Sec. 8703.
(1) A municipal civil infraction action is commenced upon the issuance of a citation as provided in section 8707. The plaintiff in a municipal civil infraction action is the political subdivision whose ordinance has been violated. If the ordinance is a temporary vessel speed limit established by the county emergency management coordinator or sheriff under section 80146 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80146, the county or municipality that requested the speed limit is considered to be the political subdivision whose ordinance has been violated.
(2) The district court and any municipal court have jurisdiction over municipal civil infraction actions.
(3) The time specified in a citation for appearance shall be within a reasonable time after the citation is issued.
(4) The place specified in the citation for appearance shall be the court referred to in subsection (2) that has territorial jurisdiction of the place where the municipal civil infraction occurred. Venue in the district court is governed by section 8312.
History:
Add. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 1996, Act 388, Eff. Jan. 1, 1998 ;-- Am. 2020, Act 71, Imd. Eff. Apr. 2, 2020
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8705 - Citation; Numbering; Form; Contents; Modification; Treatment as Under Oath.

600.8705 Citation; numbering; form; contents; modification; treatment as under oath.
Sec. 8705.
(1) Each citation shall be numbered consecutively, be in a form as approved by the state court administrator, and consist of the following parts:
(a) The original, which is a complaint and notice to appear by the authorized official and shall be filed with the court in which the appearance is to be made.
(b) The first copy, which shall be retained by the ordinance enforcement agency.
(c) The second copy, which shall be issued to the alleged violator if the violation is a misdemeanor.
(d) The third copy, which shall be issued to the alleged violator if the violation is a municipal civil infraction.
(2) With the prior approval of the state court administrator, the citation may be modified as to content or number of copies to accommodate law enforcement and local court procedures and practices. Use of this citation for violations other than municipal civil infractions is optional.
(3) A citation for a municipal civil infraction signed by an authorized local official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the authorized local official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."
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) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8711 - Citation; Admission; Denial of Responsibility; Filing of Sworn Complaint; Failure to Appear; Warrant for Arrest.

600.8711 Citation; admission; denial of responsibility; filing of sworn complaint; failure to appear; warrant for arrest.
Sec. 8711.
If an authorized local official issues a citation under section 8707, the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint. If the defendant denies responsibility for the municipal civil infraction, further proceedings shall not be held until a sworn complaint is filed with the court. A warrant for arrest for failure to appear on the municipal civil infraction citation under section 8727(9) shall not be issued until a sworn complaint relative to the municipal civil infraction is filed with the court.
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) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8713 - Materially False Statement; Penalty.

600.8713 Materially false statement; penalty.
Sec. 8713.
An authorized local official who, knowing the statement is false, makes a materially false statement in a citation issued under section 8707 is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition is in contempt of court.
History:
Add. 1994, Act 12, Eff. May 1, 1994