reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 20 of 2008 - Uniform Foreign-Country Money Judgments Recognition Act (691.1131 - 691.1143) › Section 691.1141 - Recognition of Foreign-Country Judgment Under Principles of Comity.

691.1141 Recognition of foreign-country judgment under principles of comity.
Sec. 11.
This act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment that is not within the scope of this act.
History:
2008, Act 20, Imd. Eff. Mar. 7, 2008
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 20 of 2008 - Uniform Foreign-Country Money Judgments Recognition Act (691.1131 - 691.1143) › Section 691.1142 - Applicability of Act.

691.1142 Applicability of act.
Sec. 12.
This act applies to all actions commenced on or after the effective date of this act in which the issue of recognition of a foreign-country judgment is raised.
History:
2008, Act 20, Imd. Eff. Mar. 7, 2008
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 20 of 2008 - Uniform Foreign-Country Money Judgments Recognition Act (691.1131 - 691.1143) › Section 691.1143 - Repeal of MCL 691.1151 to 691.1159.

691.1143 Repeal of MCL 691.1151 to 691.1159.
Sec. 13.
The uniform foreign money-judgments recognition act, 1967 PA 191, MCL 691.1151 to 691.1159, is repealed.
History:
2008, Act 20, Imd. Eff. Mar. 7, 2008
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Repealed - Act 191 of 1967 - Uniform Foreign Money-Judgments Recognition Act (691.1151 - 691.1159)

UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT
Act 191 of 1967
691.1151-691.1159 Repealed. 2008, Act 20, Imd. Eff. Mar. 7, 2008.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1171 - Short Title.

691.1171 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform enforcement of foreign judgments act".
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1172 - “Foreign Judgment” Defined.

691.1172 “Foreign judgment” defined.
Sec. 2.
As used in this act, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1173 - Foreign Judgment; Filing; Effect.

691.1173 Foreign judgment; filing; effect.
Sec. 3.
A copy of a foreign judgment authenticated in accordance with an act of congress or the laws of this state may be filed in the office of the clerk of the circuit court, the district court, or a municipal court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court, the district court, or a municipal court of this state. A judgment filed under this act has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of the circuit court, the district court, or a municipal court of this state and may be enforced or satisfied in like manner.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1174 - Foreign Judgment; Filing; Affidavit; Fee; Notice of Filing; Enforcement.

691.1174 Foreign judgment; filing; affidavit; fee; notice of filing; enforcement.
Sec. 4.
(1) At the time of the filing of the foreign judgment, the judgment creditor or his or her attorney shall make and file with the clerk of the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
(2) At the time of the filing of the foreign judgment, the judgment creditor shall pay a filing fee as follows:
(a) In the circuit court, a sum equal to the amount required to file a civil action under section 2529 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2529 of the Michigan Compiled Laws.
(b) In the district court, a sum equal to the amount required to file a civil action under section 8371 of Act No. 236 of the Public Acts of 1961, being section 600.8371 of the Michigan Compiled Laws. For the purposes of determining the amount of the filing fee, the amount in controversy shall equal the amount of the foreign judgment.
(c) In a municipal court, a sum equal to the amount required to file a civil action under section 28 of the Michigan uniform municipal court act, Act No. 5 of the Public Acts of 1956, being section 730.528 of the Michigan Compiled Laws. For the purposes of determining the amount of the filing fee, the amount in controversy shall equal the amount of the foreign judgment.
(3) Promptly after the foreign judgment and the affidavit have been filed, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address provided by the judgment creditor or his or her attorney. The notice shall include the name and address of the judgment creditor and the judgment creditor's attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The clerk's failure to mail a notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(4) A foreign judgment filed under this act shall not be enforced until 21 days after the date notice of the filing of the foreign judgment is mailed.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1175 - Foreign Judgment; Stay of Enforcement.

691.1175 Foreign judgment; stay of enforcement.
Sec. 5.
(1) If the judgment debtor shows the circuit court, the district court, or a municipal court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(2) If the judgment debtor shows the circuit court, the district court, or a municipal court any ground upon which enforcement of a judgment of the circuit court, the district court, or a municipal court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment that is required in this state.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1176 - Post Judgment Interest.

691.1176 Post judgment interest.
Sec. 6.
Post judgment interest will be awarded in accordance with the law of the jurisdiction in which the judgment was awarded.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1177 - Enforcement Action by Judgment Creditor.

691.1177 Enforcement action by judgment creditor.
Sec. 7.
A judgment creditor may bring an action to enforce his or her judgment instead of proceeding under this act.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1178 - Interpretation and Construction of Act.

691.1178 Interpretation and construction of act.
Sec. 8.
This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 502 of 1996 - Uniform Enforcement of Foreign Judgments Act (691.1171 - 691.1179) › Section 691.1179 - Effective Date.

691.1179 Effective date.
Sec. 9.
This act shall take effect June 1, 1997.
History:
1996, Act 502, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Repealed - Act 330 of 2000 - Structured Settlement Protection Act (691.1191 - 691.1197)

STRUCTURED SETTLEMENT PROTECTION ACT
Act 330 of 2000
691.1191-691.1197 Repealed. 2006, Act 296, Eff. Oct. 1, 2006.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Repealed - Act 127 of 1970 - Thomas J. Anderson, Gordon Rockwell Environmental Protection Act of 1970 (691.1201 - 691.1207)

THOMAS J. ANDERSON, GORDON ROCKWELL ENVIRONMENTAL PROTECTION ACT OF 1970
Act 127 of 1970
691.1201-691.1207 Repealed. 1994, Act 451, Eff. Mar. 30, 1995.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1301 - Short Title.

691.1301 Short title.
Sec. 1.
This act shall be known and may be cited as the "revised structured settlement protection act".
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1303 - Separate Disclosure Statement to Be Provided by Transferee; Type; Contents.

691.1303 Separate disclosure statement to be provided by transferee; type; contents.
Sec. 3.
Not less than 3 days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement in bold type no smaller than 14 points setting forth all of the following:
(a) The amounts and due dates of the structured settlement payments to be transferred.
(b) The aggregate amount of the payments.
(c) The discounted present value of the payments to be transferred, which shall be identified as the calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities, and the amount of the applicable federal rate used in calculating the discounted present value.
(d) The gross advance amount.
(e) An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of the fees and disbursements.
(f) The net advance amount.
(g) The amount of penalties or liquidated damages payable by the payee if the payee breaches the transfer agreement.
(h) A statement that the payee has the right to cancel the transfer agreement without penalty or further obligation not later than the third business day after the date that the payee signs the agreement.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1304 - Transfer of Structured Settlement Payment Rights; Final Court Order; Approval; Basis; Findings.

691.1304 Transfer of structured settlement payment rights; final court order; approval; basis; findings.
Sec. 4.
A direct or indirect transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer is not required to make a payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer has been approved in a final court order and the order is based on express findings of all of the following:
(a) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.
(b) The transferee has advised the payee, in writing, to seek independent professional advice regarding the transfer, and the payee has either received independent professional advice or knowingly waived in writing the opportunity to seek advice.
(c) The transfer does not contravene an applicable statute or order of the court or other government authority.
(d) The discount rate or rates used in determining the discounted present value of the structured settlement payments to be transferred do not exceed 25% per year.
(e) If the transfer is inconsistent with a restriction against assignment in the structured settlement agreement and if the structured settlement obligor objects to the transfer based on the restriction against assignment before the hearing on the application for approval of the transfer, all of the following:
(i) The payee will suffer imminent financial hardship if the transfer is not approved.
(ii) The transfer will not render the payee unable to pay current or future normal living expenses.
(iii) The transfer order will restrict payment of the gross advance amount to direct payment to the provider of the goods or services that are the subject of the imminent financial hardship. If the total cost of the goods or services cannot be readily determined at the time of or within a reasonable time after the transfer, the court may exercise reasonable discretion in ordering such direct payments.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1305 - Transfer of Structured Settlement Payment Rights; Effects.

691.1305 Transfer of structured settlement payment rights; effects.
Sec. 5.
A transfer of structured settlement payment rights under this act has all of the following effects:
(a) The structured settlement obligor and the annuity issuer are discharged and released from all liability for the transferred payments as to any person except the transferee.
(b) The transferee is liable to the structured settlement obligor and the annuity issuer for both of the following:
(i) If the transfer contravenes the terms of the structured settlement, the taxes incurred by the structured settlement obligor and the annuity issuer as a consequence of the transfer.
(ii) Other liabilities or costs, including reasonable costs and attorney fees, arising from the structured settlement obligor's and the annuity issuer's compliance with the order of the court or from the transferee's failure to comply with this act.
(c) An annuity issuer or a structured settlement obligor is not required to divide a periodic payment between the payee and a transferee or assignee or between 2 or more transferees or assignees.
(d) A payee may make a further transfer of structured settlement payment rights only after complying with all of the requirements of this act.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1306 - Transfer of Structured Settlement Payment Rights; Application for Approval; Court Jurisdiction; Notice of Proposed Transfer.

691.1306 Transfer of structured settlement payment rights; application for approval; court jurisdiction; notice of proposed transfer.
Sec. 6.
(1) The transferee may apply for approval of a transfer of structured settlement payment rights with the court in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or with the court that approved the structured settlement agreement.
(2) Not less than 20 days before the scheduled hearing on an application for approval of a transfer of structured settlement payment rights under section 4, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for its authorization, and shall include with the notice all of the following:
(a) A copy of the transferee's application.
(b) A copy of the transfer agreement.
(c) A copy of the disclosure statement required under section 3.
(d) A listing of each of the payee's dependents and each dependent's age.
(e) Notice that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing.
(f) Notice of the time and place of the hearing and of the manner in which and the time by which written responses to the application must be filed to be considered by the court. The time for filing written responses shall be not less than 15 days after service of the transferee's notice.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1307 - Waiver Prohibited; Scope and Effect of Act; Failure to Comply With Act.

691.1307 Waiver prohibited; scope and effect of act; failure to comply with act.
Sec. 7.
(1) A payee shall not waive a provision of this act.
(2) A transfer agreement entered into on or after the effective date of this act by a payee who resides in this state shall provide that disputes under the transfer agreement, including a claim that the payee has breached the agreement, shall be determined in and under the laws of this state. A transfer agreement shall not authorize the transferee or any other person to confess judgment or consent to entry of judgment against the payee.
(3) A transfer of structured settlement payment rights that are life-contingent is not effective unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following:
(a) Periodically confirming the payee's survival.
(b) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(4) A payee who proposes to make a transfer of structured settlement payment rights shall not incur a penalty, forfeit an application fee or other payment, or otherwise incur liability to the proposed transferee or assignee based on the failure of the transfer to satisfy the conditions of this act.
(5) This act does not authorize a transfer of structured settlement payment rights in contravention of law or validate or invalidate a transfer under a transfer agreement entered into before the effective date of this act.
(6) The transferee has sole responsibility for complying with the requirements in section 3 and fulfilling the conditions in section 4 in a transfer of structured settlement payment rights. A structured settlement obligor or annuity issuer shall not bear any responsibility or liability arising from a transferee's failure to comply with those requirements or to fulfill those conditions.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1308 - Applicability of Act.

691.1308 Applicability of act.
Sec. 8.
This act applies to a transfer of structured settlement payment rights under any transfer agreement entered into on or after the thirtieth day after the effective date of this act.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1309 - Repeal of MCL 691.1191 to 691.1197.

691.1309 Repeal of MCL 691.1191 to 691.1197.
Sec. 9.
The structured settlement protection act, 2000 PA 330, MCL 691.1191 to 691.1197, is repealed effective 30 days after the effective date of this act.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 296 of 2006 - Revised Structured Settlement Protection Act (691.1301 - 691.1310) › Section 691.1310 - Effective Date.

691.1310 Effective date.
Sec. 10.
This act takes effect September 1, 2006.
History:
2006, Act 296, Eff. Sept. 1, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1331 - Short Title.

691.1331 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform collaborative law act".
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1333 - Applicability of Act.

691.1333 Applicability of act.
Sec. 3.
This act applies to a collaborative law participation agreement that meets the requirements of section 4 signed on or after the effective date of this act.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1334 - Collaborative Law Participation Agreement; Requirements.

691.1334 Collaborative law participation agreement; requirements.
Sec. 4.
(1) A collaborative law participation agreement must satisfy all of the following requirements:
(a) Be in a record.
(b) Be signed by the parties.
(c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this act.
(d) Describe the nature and scope of the matter.
(e) Identify the collaborative lawyer who represents each party in the process.
(f) Contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.
(2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this act.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1335 - Beginning and Concluding Collaborative Law Process.

691.1335 Beginning and concluding collaborative law process.
Sec. 5.
(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(3) A collaborative law process is concluded by 1 of the following:
(a) Resolution of a collaborative matter as evidenced by a signed record.
(b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process.
(c) Termination of the process.
(4) A collaborative law process terminates when any of the following occur:
(a) A party gives notice to other parties in a record that the process is ended.
(b) A party does any of the following:
(i) Begins a proceeding related to a collaborative matter without the agreement of all parties.
(ii) In a pending proceeding related to the matter, does any of the following:
(A) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal.
(B) Requests that the proceeding be put on the tribunal's active calendar.
(C) Takes similar action requiring notice to be sent to the parties.
(c) Except as otherwise provided by subsection (7), a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(6) A party may terminate a collaborative law process with or without cause.
(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) is sent to the parties, both of the following occur:
(a) The unrepresented party engages a successor collaborative lawyer.
(b) A record is signed that satisfies all of the following requirements:
(i) The parties consent in the record to continue the process by reaffirming the collaborative law participation agreement.
(ii) The agreement is amended in the record to identify the successor collaborative lawyer.
(iii) The successor collaborative lawyer confirms in the record the lawyer's representation of a party in the collaborative process.
(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part of the matter as evidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1336 - Proceeding Pending Before Tribunal; Status Report.

691.1336 Proceeding pending before tribunal; status report.
Sec. 6.
(1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (3) and sections 7 and 8, the filing operates as an application for a stay of the proceeding.
(2) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(3) A tribunal in which a proceeding is stayed under subsection (1) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(4) A tribunal may not consider a communication made in violation of subsection (3).
(5) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1337 - Emergency Orders.

691.1337 Emergency orders.
Sec. 7.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party as provided in section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1338 - Approval of Agreement by Tribunal.

691.1338 Approval of agreement by tribunal.
Sec. 8.
A tribunal may approve an agreement resulting from a collaborative law process.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1339 - Disqualification of Collaborative Lawyer in Associated Law Firm.

691.1339 Disqualification of collaborative lawyer in associated law firm.
Sec. 9.
(1) Except as otherwise provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
(2) Except as otherwise provided in subsection (3) and sections 10 and 11, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1).
(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party to do either of the following:
(a) Ask a tribunal to approve an agreement resulting from the collaborative law process.
(b) Seek or defend an emergency order to protect the health, safety, welfare, or interest of a party if a successor lawyer is not immediately available to represent that person.
(4) If subsection (3)(b) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1340 - Representation of Party With or Without Fee.

691.1340 Representation of party with or without fee.
Sec. 10.
(1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party with or without fee.
(2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under section 9(1) is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if all of the following apply:
(a) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation.
(b) The collaborative law participation agreement so provides.
(c) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from the participation.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1341 - Governmental Entity as Party.

691.1341 Governmental entity as party.
Sec. 11.
(1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if both of the following apply:
(a) The collaborative law participation agreement so provides.
(b) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from the participation.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1342 - Disclosure of Information.

691.1342 Disclosure of information.
Sec. 12.
Except as provided by law other than this act, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1343 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.

691.1343 Standards of professional responsibility and mandatory reporting not affected.
Sec. 13.
This act does not affect either of the following:
(a) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional.
(b) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1344 - Prospective Collaborative Lawyer; Duties.

691.1344 Prospective collaborative lawyer; duties.
Sec. 14.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following:
(a) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter.
(b) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation.
(c) Advise the prospective party of all of the following:
(i) That after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates.
(ii) That participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause.
(iii) That the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by section 9(3), 10(2), or 11(2).
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1345 - Coercive or Violent Relationship.

691.1345 Coercive or violent relationship.
Sec. 15.
(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. A reasonable inquiry includes the use of the domestic violence screening protocol for mediation provided by the state court administrative office.
(2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless both of the following apply:
(a) The party or the prospective party requests beginning or continuing a process.
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1346 - Confidentiality of Collaborative Law Communication.

691.1346 Confidentiality of collaborative law communication.
Sec. 16.
A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this act.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1347 - Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery.

691.1347 Privilege against disclosure for collaborative law communication; admissibility; discovery.
Sec. 17.
(1) Subject to sections 18 and 19, a collaborative law communication is privileged under subsection (2), is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1348 - Waiver and Preclusion of Privilege.

691.1348 Waiver and preclusion of privilege.
Sec. 18.
(1) A privilege under section 17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under section 17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1349 - Limits of Privilege.

691.1349 Limits of privilege.
Sec. 19.
(1) There is no privilege under section 17 for a collaborative law communication that is any of the following:
(a) Available to the public under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, or made during a session of a collaborative law process that is open, or is required by law to be open, to the public.
(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence.
(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity.
(d) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(2) The privileges under section 17 for a collaborative law communication do not apply to the extent that a communication is either of the following:
(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process.
(b) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the department of human services is a party to or otherwise participates in the process.
(3) There is no privilege under section 17 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in any of the following:
(a) A court proceeding involving a felony or misdemeanor.
(b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
(4) If a collaborative law communication is subject to an exception under subsection (2) or (3), only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(6) The privileges under section 17 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1350 - Authority of Tribunal in Case of Noncompliance.

691.1350 Authority of tribunal in case of noncompliance.
Sec. 20.
(1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply:
(a) The parties signed a record indicating an intention to enter into a collaborative law participation agreement.
(b) The parties reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1), and the interests of justice require, the tribunal may do all of the following:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated.
(b) Apply the disqualification provisions of sections 5, 6, 9, 10, and 11.
(c) Apply a privilege under section 17.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1351 - Application and Construction of Act.

691.1351 Application and construction of act.
Sec. 21.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1352 - Federal Electronic Signatures.

691.1352 Federal electronic signatures.
Sec. 22.
This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 USC 7003(b).
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354) › Section 691.1354 - Effective Date.

691.1354 Effective date.
Sec. 24.
This act takes effect 180 days after it is enacted into law.
History:
2014, Act 159, Eff. Dec. 8, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1402a - Municipal Corporation; Maintenance of Sidewalk; Liability; Presumption; Additional Defense; Limitation.

691.1402a Municipal corporation; maintenance of sidewalk; liability; presumption; additional defense; limitation.
Sec. 2a.
(1) A municipal corporation in which a sidewalk is installed adjacent to a municipal, county, or state highway shall maintain the sidewalk in reasonable repair.
(2) A municipal corporation is not liable for breach of a duty to maintain a sidewalk unless the plaintiff proves that at least 30 days before the occurrence of the relevant injury, death, or damage, the municipal corporation knew or, in the exercise of reasonable diligence, should have known of the existence of the defect in the sidewalk.
(3) In a civil action, a municipal corporation that has a duty to maintain a sidewalk under subsection (1) is presumed to have maintained the sidewalk in reasonable repair. This presumption may only be rebutted by evidence of facts showing that a proximate cause of the injury was 1 or both of the following:
(a) A vertical discontinuity defect of 2 inches or more in the sidewalk.
(b) A dangerous condition in the sidewalk itself of a particular character other than solely a vertical discontinuity.
(4) Whether a presumption under subsection (3) has been rebutted is a question of law for the court.
(5) In a civil action, a municipal corporation that has a duty to maintain a sidewalk under subsection (1) may assert, in addition to any other defense available to it, any defense available under the common law with respect to a premises liability claim, including, but not limited to, a defense that the condition was open and obvious.
(6) A municipal corporation's liability under subsection (1) is limited by section 81131 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81131.
History:
Add. 1999, Act 205, Imd. Eff. Dec. 21, 1999 ;-- Am. 2012, Act 50, Imd. Eff. Mar. 13, 2012 ;-- Am. 2016, Act 419, Imd. Eff. Jan. 4, 2017
Compiler's Notes:
Enacting section 1 of Act 205 of 1999 provides:“Enacting section 1. Sections 1 and 2 of 1964 PA 170, MCL 691.1401 and 691.1402, as amended by this amendatory act, and section 2a, as added by this amendatory act, apply only to a cause of action arising on or after the effective date of this amendatory act.”
Popular Name:
Governmental Immunity Act
Popular Name:
2-Inch Rule
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1403 - Defective Highways; Knowledge of Defect, Repair.

691.1403 Defective highways; knowledge of defect, repair.
Sec. 3.
No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a reasonable time to repair the defect before the injury took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place.
History:
1964, Act 170, Eff. July 1, 1965
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1405 - Government Owned Vehicles; Liability for Negligent Operation.

691.1405 Government owned vehicles; liability for negligent operation.
Sec. 5.
Governmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is owner, as defined in Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Compiled Laws of 1948.
History:
1964, Act 170, Eff. July 1, 1965
Popular Name:
Governmental Immunity Act