reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1559 - Eligibility of Grant Recipient for Funding.

691.1559 Eligibility of grant recipient for funding.
Sec. 9.
To be eligible for funding, a grant recipient shall do all of the following:
(a) Comply with the provisions of this act, and any requirements or guidelines established by the state court administrator to effectuate the purposes of this act.
(b) Provide neutral mediators who have received not less than 40 hours of training in conflict resolution techniques and principles of the legal system in a course of study approved by the state court administrator or a program of internship as may be required by the state court administrator.
(c) Provide dispute resolution services without cost to indigents.
(d) Reject any dispute which involves alleged acts which are or could be the subject of a violent felony or drug-related felony criminal prosecution.
(e) When appropriate, refer participants to other agencies or organizations for assistance.
(f) Provide for community participation and respond to local community needs. In determining whether this requirement has been satisfied, the state court administrator shall consider the extent to which the applicant has the following:
(i) Active board members and mediators drawn from the community and client constituencies.
(ii) Programs and services that target local dispute resolution needs.
(iii) Local financial and in-kind support.
(iv) A diversified base of referral sources.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1560 - Selection of Grant Recipients; Contents of Grant Applications Submitted for Funding; Allocations; Matching Amount; “Civil Filing Fee Fund” Defined.

691.1560 Selection of grant recipients; contents of grant applications submitted for funding; allocations; matching amount; “civil filing fee fund” defined.
Sec. 10.
(1) Grant recipients shall be selected from applications submitted to the state court administrator. The grant applications submitted for funding shall include all of the following:
(a) The budget for the proposed center including the proposed compensation and qualifications of the employees.
(b) A description of the proposed geographical area of service and an estimate of the number of participants to be served.
(c) A description of current dispute resolution services, if any, available within the proposed geographical area.
(d) A narrative of the applicant's proposed program that includes the support of civic groups, social services agencies, local courts, and criminal justice agencies to accept and make referrals; the present availability of resources; and the applicant's administrative capacity.
(e) A description of the fee structure, if any, that will be applied to participants seeking dispute resolution.
(f) Such additional information as is determined to be needed by the state court administrator.
(2) If 1 or more applicants meet the eligibility requirements of section 9 and guidelines established under section 9, the state court administrator shall award a grant or grants from money distributed to the fund from the civil filing fee fund. Grants shall be allocated as follows:
(a) 65% of the money received from the civil filing fee fund shall be made available for disbursement on the basis of the annual civil court filings reported by courts. An eligible applicant shall receive a pro rata share of the available grant funds on the basis of the annual civil court filings reported by courts located in the counties serviced by the applicant.
(b) 35% of the money received from the civil filing fee fund and any money in the fund derived from other sources shall be made available for disbursement on the basis of performance measures and threshold funding levels established by the state court administrative office.
(3) Nothing in subsection (2) requires a grant award that exceeds the proposed center's approved budget.
(4) Each grant recipient shall provide a matching amount equal to at least 35% of the awarded grant amount.
(5) As used in this section, "civil filing fee fund" means that fund as created in section 171 of the revised judicature act of 1961, 1961 PA 236, MCL 600.171.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993 ;-- Am. 2003, Act 79, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1561 - Fiscal Affairs of Grant Recipient; Inspection, Examination, and Audit.

691.1561 Fiscal affairs of grant recipient; inspection, examination, and audit.
Sec. 11.
The state court administrator or other authorized state official shall have the power to inspect, examine, and audit the fiscal affairs of any grant recipient.
History:
1988, Act 260, Eff. Nov. 13, 1988
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1562 - Providing Statistical Data Annually to State Court Administrator; Annual Report.

691.1562 Providing statistical data annually to state court administrator; annual report.
Sec. 12.
Each grant recipient shall annually provide to the state court administrator statistical data on its operating budget, the number of referrals, categories or types of cases referred, number of parties serviced, number of disputes resolved, nature of resolution, amount and type of awards, rate of compliance, returnees to the center, duration and estimated costs of hearing, and such other information the state court administrator may require. The state court administrator shall report annually to the governor and legislature regarding the operation and success of the centers funded pursuant to this act.
History:
1988, Act 260, Eff. Nov. 13, 1988
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1563 - Effective Date.

691.1563 Effective date.
Sec. 13.
This act shall take effect upon the expiration of 120 days after the date of its enactment.
History:
1988, Act 260, Eff. Nov. 13, 1988
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1564 - Conditional Effective Date.

691.1564 Conditional effective date.
Sec. 14.
This act shall not take effect unless Senate Bill No. 816 of the 84th Legislature is enacted into law.
History:
1988, Act 260, Eff. Nov. 13, 1988
Compiler's Notes:
Senate Bill No. 816, referred to in this section, was filed with the Secretary of State August 17, 1988, and became P.A. 1988, No. 310, Eff. Jan. 1, 1989.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 136 of 1993 - Immunity of Food Donors From Civil Liability (691.1571 - 691.1574) › Section 691.1572 - Perishable or Prepared Food Donations to Nonprofit Corporation or Charitable Organizations; Civil Liability; Exceptions to Immunity.

691.1572 Perishable or prepared food donations to nonprofit corporation or charitable organizations; civil liability; exceptions to immunity.
Sec. 2.
(1) Except as provided in subsection (2), on or after July 1, 1993 an individual, farmer, food producer, processor, distributor, wholesaler, retailer, gleaner, or other person who in good faith donates perishable canned or farm food items or prepared food to a nonprofit corporation or charitable organization for distribution to needy or poor persons is not liable in any civil action based on the theory of warranty, negligence, or strict liability in tort for damages incurred resulting from any illness or disease contracted by the ultimate users or recipients of the food due to the nature, age, condition, or packaging of the food.
(2) The immunity provided in subsection (1) does not apply if 1 of the following is shown:
(a) That the illness or disease resulted from the willful, wanton, or reckless acts of the donor.
(b) That the illness or disease resulted from prepared food if both of the following apply:
(i) The prepared food was a potentially hazardous food at the time it was donated.
(ii) A law of this state or a rule promulgated by an agency or department of this state concerning the preparation, transportation, storage, or serving of the prepared food was violated at any time before the food was donated.
(c) That the illness or disease resulted from food in hermetically sealed containers that was not prepared by a commercial processor.
(d) That the donor had actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of the donated food.
History:
1993, Act 136, Imd. Eff. Aug. 2, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 136 of 1993 - Immunity of Food Donors From Civil Liability (691.1571 - 691.1574) › Section 691.1573 - Inspection of Food by Nonprofit or Charitable Organization; Civil Liability; Exceptions to Immunity.

691.1573 Inspection of food by nonprofit or charitable organization; civil liability; exceptions to immunity.
Sec. 3.
(1) Except as provided in subsection (2), on or after July 1, 1993 a nonprofit corporation or charitable organization that in good faith receives food for free or nominal cost distribution and that reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption is not liable in any civil action based on the theory of warranty, negligence, or strict liability in tort for damages incurred resulting from any illness or disease contracted by the ultimate users or recipients of the food due to the condition of the food.
(2) The immunity provided in subsection (1) does not apply if 1 of the following is shown:
(a) That the illness or disease resulted from the willful, wanton, or reckless acts of the nonprofit corporation or charitable organization.
(b) That the illness or disease resulted from prepared food if both of the following apply:
(i) The prepared food was a potentially hazardous food at the time it was donated.
(ii) A law of this state or a rule promulgated by an agency or department of this state concerning the preparation, transportation, storage, or serving of the prepared food was violated at any time before the ultimate user or recipient of the food actually received the food.
(c) That the illness or disease resulted from food in hermetically sealed containers that was not prepared by a commercial processor.
(d) That the corporation or organization had actual or constructive knowledge that the food was tainted, contaminated, or harmful to the health or well-being of the recipient of the donated food.
History:
1993, Act 136, Imd. Eff. Aug. 2, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 136 of 1993 - Immunity of Food Donors From Civil Liability (691.1571 - 691.1574) › Section 691.1574 - Repeal of Act.

691.1574 Repeal of act.
Sec. 4.
Act No. 339 of the Public Acts of 1982 is repealed.
History:
1993, Act 136, Imd. Eff. Aug. 2, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 221 of 2011 - Bowling Center Act (691.1581 - 691.1585) › Section 691.1581 - Short Title.

691.1581 Short title.
Sec. 1.
This act shall be known and may be cited as the "bowling center act".
History:
2011, Act 221, Imd. Eff. Nov. 15, 2011
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 221 of 2011 - Bowling Center Act (691.1581 - 691.1585) › Section 691.1582 - Definitions.

691.1582 Definitions.
Sec. 2.
As used in this act:
(a) "Bowler" means a person in a bowling center for the purpose of recreational or competitive bowling.
(b) "Bowling center" means a structure that has an area specifically designed to be used by the public for recreational or competitive bowling.
(c) "Bowling shoes" means shoes that are specifically designed for the purpose of recreational or competitive bowling.
(d) "Operator" means a person that owns, manages, controls, directs, or has the responsibility of operating a bowling center.
History:
2011, Act 221, Imd. Eff. Nov. 15, 2011
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 221 of 2011 - Bowling Center Act (691.1581 - 691.1585) › Section 691.1583 - Notice; Posting; Contents.

691.1583 Notice; posting; contents.
Sec. 3.
An operator shall post a conspicuous notice in a conspicuous place near each entrance to and exit from a bowling center that reads as follows:
"Do not wear bowling shoes outside. Bowling shoes are specialized footwear for indoor use only. Bowling shoes worn outside may be affected by substances or materials including but not limited to snow, ice, rain, moisture, food, or debris that may cause the person wearing the bowling shoes to slip, trip, stumble, or fall on the floor or alley surfaces inside the bowling center. Michigan law makes a bowling center posting this notice immune from liability for such an injury.".
History:
2011, Act 221, Imd. Eff. Nov. 15, 2011
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 221 of 2011 - Bowling Center Act (691.1581 - 691.1585) › Section 691.1584 - Slip, Trip, Stumble, or Fall Caused From Bowler's Bowling Shoes; Liability.

691.1584 Slip, trip, stumble, or fall caused from bowler's bowling shoes; liability.
Sec. 4.
(1) If an operator posts a notice as required by section 3, the operator is not civilly liable for injuries to a bowler resulting from a slip, trip, stumble, or fall inside the bowling center substantially caused by a substance or material on the bowler's bowling shoes that was acquired outside the bowling center before the bowler entered or reentered the bowling center.
(2) The protection from liability under this section does not apply if the injury results from acts or omissions amounting to willful or wanton misconduct or if the operator fails to maintain the premises in a reasonably safe condition and the condition substantially causes the injury to the bowler.
History:
2011, Act 221, Imd. Eff. Nov. 15, 2011
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 221 of 2011 - Bowling Center Act (691.1581 - 691.1585) › Section 691.1585 - Applicability of Act to Actions Accruing on or After January 1, 2012.

691.1585 Applicability of act to actions accruing on or after January 1, 2012.
Sec. 5.
This act applies only to a cause of action that accrues on or after January 1, 2012.
History:
2011, Act 221, Imd. Eff. Nov. 15, 2011
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1601 - Short Title; Purpose of Act.

691.1601 Short title; purpose of act.
Sec. 1.
(1) This act shall be known and may be cited as the "drug dealer liability act".
(2) The purpose of this act is to provide for actions for civil damages against persons who participate in illegal marketing of controlled substances for injuries caused by illegal use of controlled substances in order to do all of the following:
(a) Compensate persons injured as a result of illegal marketing of controlled substances.
(b) Assess the cost of illegal marketing of controlled substances against persons who profit from that market.
(c) Provide an incentive for individual abusers to identify persons from whom the abusers have acquired illegally marketed controlled substances and to seek payment for the abusers' own treatment.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1602 - Meanings of Words and Phrases.

691.1602 Meanings of words and phrases.
Sec. 2.
For the purposes of this act, the words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those sections.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1603 - Definitions; C to L.

691.1603 Definitions; C to L.
Sec. 3.
(1) "Controlled substance" means that term as defined in section 7104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.
(2) "Individual abuser" means an individual who uses a controlled substance that is not obtained directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of the practitioner's professional practice, or which use is not otherwise authorized under article 7 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7101 to 333.7544 of the Michigan Compiled Laws.
(3) "Level 1 participation" means participating in illegal marketing of 650 or more grams of a mixture containing a specified controlled substance, or of 16 or more pounds or 100 or more plants of marihuana.
(4) "Level 2 participation" means participating in illegal marketing of 225 or more grams, but less than 650 grams, of a mixture containing a specified controlled substance, or of 8 or more pounds or 75 or more plants, but less than 16 pounds or 100 plants, of marihuana.
(5) "Level 3 participation" means participating in illegal marketing of 50 or more grams, but less than 225 grams, of a mixture containing a specified controlled substance, or of 4 or more pounds or 50 or more plants, but less than 8 pounds or 75 plants, of marihuana.
(6) "Level 4 participation" means participating in illegal marketing of less than 50 grams of a mixture containing a specified controlled substance, or of 1 or more pounds or 25 or more plants, but less than 4 pounds or 50 plants, of marihuana.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1604 - Definitions; M to S.

691.1604 Definitions; M to S.
Sec. 4.
(1) "Market area" means the area in which a person is presumed to have participated in illegal marketing of a market area controlled substance as described in section 9.
(2) "Market area controlled substance" means a specified controlled substance or marihuana.
(3) "Participate in illegal marketing" means doing any of the following in violation of state or federal law:
(a) Manufacturing or delivering, or attempting or conspiring to manufacture or deliver, a controlled substance.
(b) Possessing, or attempting or conspiring to possess, a controlled substance with the intent to manufacture or deliver a controlled substance.
(4) "Person" means an individual, governmental entity, sole proprietorship, corporation, limited liability company, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country.
(5) "Practitioner" means that term as defined in section 7109 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7109 of the Michigan Compiled Laws.
(6) "Specified controlled substance" means a controlled substance described in section 7212(1)(b) or section 7214(a)(iv) or (c)(ii) of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7212 and 333.7214 of the Michigan Compiled Laws.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1605 - Action Against Participant in Illegal Marketing of Controlled Substances; Person Injured by Individual Abuser; Presumption.

691.1605 Action against participant in illegal marketing of controlled substances; person injured by individual abuser; presumption.
Sec. 5.
(1) A person injured by an individual abuser may bring an action under this act for damages against a person who participated in illegal marketing of the controlled substance actually used by the individual abuser.
(2) If a plaintiff in an action under this section proves that the defendant participated in illegal marketing of the controlled substance actually used by the individual abuser who injured the plaintiff, the defendant is presumed to have injured the plaintiff and to have acted willfully and wantonly.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1606 - Action Against Participant in Illegal Marketing of Controlled Substance; Recovery of Damages by Individual Abuser; Conditions.

691.1606 Action against participant in illegal marketing of controlled substance; recovery of damages by individual abuser; conditions.
Sec. 6.
(1) Subject to subsection (2), an individual abuser may bring an action under this act for damages against a person who participated in illegal marketing of the controlled substance actually used by the individual abuser.
(2) An individual abuser shall not recover damages under this section unless the individual abuser meets all of the following conditions:
(a) Not less than 6 months before filing the action, the individual personally discloses to law enforcement authorities all of the information the individual knows regarding his or her source of illegally marketed controlled substances.
(b) The individual has not used an illegally marketed controlled substance within the 6 months before filing the action.
(c) The individual does not use an illegally marketed controlled substance during the pendency of the action.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1607 - Action Against Participant in Illegal Marketing of Market Area Controlled Substance; Person Injured by Individual Abuser; Burden of Proof; Presumption.

691.1607 Action against participant in illegal marketing of market area controlled substance; person injured by individual abuser; burden of proof; presumption.
Sec. 7.
(1) Other than an individual abuser, a person injured by an individual abuser may bring an action for damages against a person who participated in illegal marketing of the market area controlled substance used by the individual abuser. In an action brought under this section, participation in illegal marketing shall be proven by clear and convincing evidence.
(2) If the plaintiff in an action under this section proves a defendant's participation in illegal marketing of a market area controlled substance and the plaintiff is 1 of the following, the defendant is presumed to have injured the plaintiff and to have acted willfully and wantonly:
(a) A parent, legal guardian, child, spouse, or sibling of the individual abuser.
(b) A child whose mother was an individual abuser while the child was in utero.
(c) The individual abuser's employer.
(d) A medical facility, insurer, governmental entity, or other legal entity that financially supports a drug treatment or other assistance program for, or that otherwise expends money or provides unreimbursed service on behalf of, the individual abuser.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1608 - Proof of Participation in Illegal Marketing of Market Area Controlled Substance; “Market Area” Explained.

691.1608 Proof of participation in illegal marketing of market area controlled substance; “market area” explained.
Sec. 8.
(1) A plaintiff under section 7 may prove that a defendant participated in illegal marketing of the market area controlled substance used by the individual abuser who injured the plaintiff by proving both of the following:
(a) The defendant was participating in the illegal marketing of the market area controlled substance at the time the individual abuser obtained or used that market area controlled substance.
(b) The individual abuser obtained or used the market area controlled substance, or caused the injury, within the defendant's market area.
(2) If a person participated in illegal marketing of a market area controlled substance, the person's market area for that controlled substance is the following:
(a) For level 4 participation, each county in which the person participated in illegal marketing.
(b) For level 3 participation, each market area described in subdivision (a) plus all counties with a border contiguous to each of those market areas.
(c) For level 2 participation, each market area described in subdivision (b) plus all counties with a border contiguous to each of those market areas.
(d) For level 1 participation, the state.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1609 - Participation in Illegal Marketing of Controlled Substance; Presumptions.

691.1609 Participation in illegal marketing of controlled substance; presumptions.
Sec. 9.
(1) If a defendant under this act has a criminal conviction under state or federal law for an act that constitutes participation in illegal marketing of a controlled substance under this act, that person is conclusively presumed to have participated in illegal marketing of a controlled substance for the purposes of this act.
(2) If a defendant is proven or presumed to have participated in illegal marketing of a controlled substance, that defendant is presumed to have participated during the 2 years before and the 2 years after the date of the participation or conviction, unless the defendant proves otherwise by clear and convincing evidence.
(3) In addition to each county in which a defendant is proven to have actually participated in illegal marketing of a controlled substance, the defendant is presumed to have participated in each county in which the defendant resides, attends school, is employed, or does business during the period of participation. In addition to the counties in which the individual abuser is proven to have obtained or used the controlled substance, the individual abuser is presumed to have obtained or used the controlled substance in each county in which the individual resides, attends school, or is employed during the period of the individual's abuse of that controlled substance, unless the defendant proves otherwise by clear and convincing evidence.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1610 - Recovery of Damages, Attorney Fees, and Costs; Payment by Third Party.

691.1610 Recovery of damages, attorney fees, and costs; payment by third party.
Sec. 10.
(1) A person other than an individual abuser who is entitled to a recovery under this act may recover economic, noneconomic, and exemplary damages and reasonable attorney fees and costs, including, but not limited to, reasonable expenses for expert testimony. An individual abuser entitled to recovery under this act may recover economic damages and reasonable attorney fees and costs, including, but not limited to, reasonable expenses for expert testimony.
(2) A third party shall not pay damages awarded under this act, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1611 - Writ of Attachment; Affidavit; Hearing; Eligibility to Exempt Property; Judgment Not Subject to Discharge Under Bankruptcy Law; Use of Seized Asset to Satisfy Judgment.

691.1611 Writ of attachment; affidavit; hearing; eligibility to exempt property; judgment not subject to discharge under bankruptcy law; use of seized asset to satisfy judgment.
Sec. 11.
(1) After commencing an action under this act and subject to subsection (4), a plaintiff may seek a writ of attachment by filing an ex parte motion supported by an affidavit setting forth specific facts showing all of the following:
(a) A description of the injury claimed and a statement that the affiant in good faith believes that the defendant is liable to the plaintiff in a stated amount.
(b) The defendant is subject to the judicial jurisdiction of the state.
(c) After diligent effort, the plaintiff cannot serve the defendant with process.
(2) If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.
(3) Unless precluded by the state or federal constitutions, a person against whom a judgment has been rendered under this act is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Unless the jury, or the court if there is no jury, specifically finds otherwise, the actions for which a person is found liable under this act are willful and malicious, and the judgment is not subject to discharge under federal bankruptcy law as provided in 11 U.S.C. 523.
(4) An asset shall not be used to satisfy a judgment under this act if that asset is named in or has been seized for a forfeiture action by a state or federal agency before a plaintiff commences an action under this act, unless the asset is released after the forfeiture action or is released by the agency that seized the asset.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1612 - Cause of Action; Accrual; Tolling of Statute of Limitations.

691.1612 Cause of action; accrual; tolling of statute of limitations.
Sec. 12.
Except as otherwise provided in this section, a cause of action accrues under this act when a person who may recover has reason to know of the harm from use of an illegally marketed controlled substance that is the basis for the cause of action and has reason to know that the controlled substance use is the cause of the harm. For a plaintiff, the statute of limitations under this section is tolled while the individual potential plaintiff is incapacitated by the use of an illegally marketed controlled substance to the extent that the individual cannot reasonably be expected to seek recovery under this act or as otherwise provided by law.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1613 - Representation by Prosecuting Attorney; Stay of Action; Actions Against Law Enforcement Officer, Agency, or Certain Persons Prohibited.

691.1613 Representation by prosecuting attorney; stay of action; actions against law enforcement officer, agency, or certain persons prohibited.
Sec. 13.
(1) A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this act.
(2) On motion by a governmental agency involved in a controlled substance investigation or prosecution, an action brought under this act shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
(3) An action shall not be brought under this act against a law enforcement officer or agency, or a person acting in good faith at the direction of a law enforcement officer or agency, for participation in illegal marketing of a controlled substance if that participation is in the furtherance of an official investigation.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 27 of 1994 - Drug Dealer Liability Act (691.1601 - 691.1619) › Section 691.1619 - Effective Date; Applicability of Act to Action Arising on and After April 1, 1994; Other Actions Not Precluded.

691.1619 Effective date; applicability of act to action arising on and after April 1, 1994; other actions not precluded.
Sec. 19.
This act shall take effect April 1, 1994. This act applies only to an action arising on and after April 1, 1994. This act does not preclude an action for damages otherwise available on or after April 1, 1994.
History:
1994, Act 27, Eff. Apr. 1, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 590 of 2012 - Social Services Agency Liability Act (691.1631 - 691.1637) › Section 691.1631 - Short Title.

691.1631 Short title.
Sec. 1.
This act shall be known and may be cited as the "social services agency liability act".
History:
2012, Act 590, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 590 of 2012 - Social Services Agency Liability Act (691.1631 - 691.1637) › Section 691.1633 - Definitions.

691.1633 Definitions.
Sec. 3.
As used in this act:
(a) "Child social welfare program" means a child welfare residential or home-based program, a program involving foster care coordination including adoption activities, a respite care program, or behavioral health or early education services operating under contract and as an agent for the department of human services.
(b) "Gross negligence" means conduct or a failure to act that is so reckless that it demonstrates a substantial lack of concern for whether an injury will result.
(c) "Person" means an individual, partnership, corporation, association, or other legal entity, other than a governmental agency.
(d) "Social services agency" means a person, other than an individual, that is licensed by this state to provide child social welfare programs.
(e) "Willful misconduct" means conduct or a failure to act that is intended to harm the plaintiff.
History:
2012, Act 590, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 590 of 2012 - Social Services Agency Liability Act (691.1631 - 691.1637) › Section 691.1635 - Immunity of Social Services Agency and Its Director, Member, Officer, Employee, or Agent; Exception.

691.1635 Immunity of social services agency and its director, member, officer, employee, or agent; exception.
Sec. 5.
(1) Subject to subsections (3) and (4), a social services agency is immune from liability for personal injury or property damage caused by the agency's provision of a child social welfare program.
(2) Subject to subsections (3) and (4), a director, member, officer, employee, or agent of a social services agency is immune from liability for personal injury or property damage caused by the director, member, officer, employee, or agent while acting on behalf of the agency in the conduct of a child social welfare program if the director, member, officer, employee, or agent is acting or reasonably believes he or she is acting within the scope of his or her authority.
(3) This section does not apply if the conduct that causes personal injury or property damage amounts to gross negligence or is willful misconduct.
(4) This section does not apply if the conduct that causes personal injury or property damage is prohibited by law and a violation of the prohibition is punishable by imprisonment.
History:
2012, Act 590, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 590 of 2012 - Social Services Agency Liability Act (691.1631 - 691.1637) › Section 691.1637 - Presumption That Action Within Scope of Authority.

691.1637 Presumption that action within scope of authority.
Sec. 7.
In a civil action for damages resulting from the conduct of a child social welfare program, there is a presumption that a director, member, officer, employee, or agent of a social services agency was acting within the scope of his or her authority and that the conduct of the director, member, officer, employee, or agent did not amount to gross negligence, was not willful misconduct, and was not punishable by imprisonment.
History:
2012, Act 590, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 351 of 1994 - Equine Activity Liability Act (691.1661 - 691.1667) › Section 691.1661 - Short Title.

691.1661 Short title.
Sec. 1.
This act shall be known and may be cited as the "equine activity liability act".
History:
1994, Act 351, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 351 of 1994 - Equine Activity Liability Act (691.1661 - 691.1667) › Section 691.1663 - Injury, Death, or Property Damage; Liability.

691.1663 Injury, death, or property damage; liability.
Sec. 3.
Except as otherwise provided in section 5, an equine activity sponsor, an equine professional, or another person is not liable for an injury to or the death of a participant or property damage resulting from an inherent risk of an equine activity. Except as otherwise provided in section 5, a participant or participant's representative shall not make a claim for, or recover, civil damages from an equine activity sponsor, an equine professional, or another person for injury to or the death of the participant or property damage resulting from an inherent risk of an equine activity.
History:
1994, Act 351, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 351 of 1994 - Equine Activity Liability Act (691.1661 - 691.1667) › Section 691.1664 - Liability; Exception; Waiver.

691.1664 Liability; exception; waiver.
Sec. 4.
(1) This act does not apply to a horse race meeting that is regulated by the racing law of 1980, Act No. 327 of the Public Acts of 1980, being sections 431.61 to 431.88 of the Michigan Compiled Laws.
(2) Two persons may agree in writing to a waiver of liability beyond the provisions of this act and such waiver shall be valid and binding by its terms.
History:
1994, Act 351, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 351 of 1994 - Equine Activity Liability Act (691.1661 - 691.1667) › Section 691.1665 - Liability Not Prevented or Limited; Conditions.

691.1665 Liability not prevented or limited; conditions.
Sec. 5.
Section 3 does not prevent or limit the liability of an equine activity sponsor, equine professional, or another person if the equine activity sponsor, equine professional, or other person does any of the following:
(a) Provides equipment or tack and knows or should know that the equipment or tack is faulty, and the equipment or tack is faulty to the extent that it is a proximate cause of the injury, death, or damage.
(b) Provides an equine and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to determine the ability of the participant to safely manage the particular equine. A person shall not rely upon a participant's representations of his or her ability unless these representations are supported by reasonably sufficient detail.
(c) Owns, leases, rents, has authorized use of, or otherwise is in lawful possession and control of land or facilities on which the participant sustained injury because of a dangerous latent condition of the land or facilities that is known to the equine activity sponsor, equine professional, or other person and for which warning signs are not conspicuously posted.
(d) If the person is an equine activity sponsor or equine professional, commits an act or omission that constitutes a willful or wanton disregard for the safety of the participant, and that is a proximate cause of the injury, death, or damage.
(e) If the person is not an equine activity sponsor or equine professional, commits a negligent act or omission that constitutes a proximate cause of the injury, death, or damage.
History:
1994, Act 351, Eff. Mar. 30, 1995 ;-- Am. 2015, Act 87, Eff. Sept. 21, 2015
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 351 of 1994 - Equine Activity Liability Act (691.1661 - 691.1667) › Section 691.1666 - Notice; Posting and Maintenance of Signs; Contract; Contents of Notice.

691.1666 Notice; posting and maintenance of signs; contract; contents of notice.
Sec. 6.
(1) An equine professional shall post and maintain signs that contain the warning notice set forth in subsection (3). The signs shall be placed in a clearly visible location in close proximity to the equine activity. The warning notice shall appear on the sign in conspicuous letters no less than 1 inch in height.
(2) A written contract entered into by an equine professional for providing professional services, instruction, or rental of equipment, tack, or an equine to a participant, whether or not the contract involves an equine activity on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice set forth in subsection (3).
(3) A sign or contract described in this section shall contain substantially the following warning notice:
WARNING
Under the Michigan equine activity liability act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity.
History:
1994, Act 351, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 351 of 1994 - Equine Activity Liability Act (691.1661 - 691.1667) › Section 691.1667 - Applicability of Act.

691.1667 Applicability of act.
Sec. 7.
This act applies only to a cause of action filed on or after the effective date of this act.
History:
1994, Act 351, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 85 of 2022 - Opioid Liability Litigation Act (691.1671 - 691.1673) › Section 691.1671 - Short Title.

691.1671 Short title.
Sec. 1.
This act may be cited as the "opioid liability litigation act".
History:
2022, Act 85, Imd. Eff. May 19, 2022
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 85 of 2022 - Opioid Liability Litigation Act (691.1671 - 691.1673) › Section 691.1672 - Definitions.

691.1672 Definitions.
Sec. 2.
As used in this act:
(a) "Allergan settlement" means the master settlement agreement arising out of the MDL and entered into by this state with Allergan Pharmaceuticals.
(b) "CVS settlement" means the master settlement agreement arising out of the MDL and entered into by this state with CVS Pharmacy.
(c) "Distributor settlement" means the master settlement agreement arising out of the MDL and entered into by this state with AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation.
(d) "Janssen settlement" means the master settlement agreement arising out of the MDL and entered into by this state with Janssen Pharmaceuticals, Inc.
(e) "MDL" means In re Nat'l Prescription Opiate Litigation, multidistrict litigation consolidated in the United States District Court for the Northern District of Ohio, Case No. 1:17-MD-2804.
(f) "Political subdivision" means a public body corporate in this state, an agency of a public body corporate in this state, a nonincorporated body in this state of whatever nature, or an agency of a nonincorporated body in this state. Political subdivision includes a county, city, village, township, school district, or special district or authority of this state. Political subdivision does not include this state.
(g) "Teva settlement" means the master settlement agreement arising out of the MDL and entered into by this state with Teva Pharmaceuticals.
(h) "Walgreens national settlement" means the master settlement agreement arising out of the MDL and entered into by this state with Walgreens Pharmacy.
(i) "Walmart settlement" means the master settlement agreement arising out of the MDL and entered into by this state with Walmart.
History:
2022, Act 85, Imd. Eff. May 19, 2022 ;-- Am. 2023, Act. 228, Imd. Eff. Nov. 22, 2023
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 85 of 2022 - Opioid Liability Litigation Act (691.1671 - 691.1673) › Section 691.1673 - Prohibition on Civil Actions Related to Certain Opioid Settlements.

691.1673 Prohibition on civil actions related to certain opioid settlements.
Sec. 3.
A political subdivision of this state shall not commence or maintain an action as follows:
(a) After January 1, 2021, an action related to the released claims as defined in the distributor settlement against the released entities as defined in the distributor settlement.
(b) After January 1, 2021, an action related to the released claims as defined in the Janssen settlement against the released entities as defined in the Janssen settlement.
(c) After January 1, 2022, an action related to the released claims as defined in the Allergan settlement against the released entities as defined in the Allergan settlement.
(d) After January 1, 2022, an action related to the released claims as defined in the CVS settlement against the released entities as defined in the CVS settlement.
(e) After January 1, 2022, an action related to the released claims as defined in the Teva settlement against the released entities as defined in the Teva settlement.
(f) After January 1, 2022, an action related to the released claims as defined in the Walgreens national settlement against the released entities as defined in the Walgreens national settlement.
(g) After January 1, 2022, an action related to the released claims as defined in the Walmart settlement against the released entities as defined in the Walmart settlement.
History:
2022, Act 85, Imd. Eff. May 19, 2022 ;-- Am. 2023, Act. 228, Imd. Eff. Nov. 22, 2023
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 371 of 2012 - Uniform Arbitration Act (691.1681 - 691.1713) › Section 691.1681 - Short Title; Definitions.

691.1681 Short title; definitions.
Sec. 1.
(1) This act shall be known and may be cited as the "uniform arbitration act".
(2) As used in this act:
(a) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
(b) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
(c) "Court" means the circuit court.
(d) "Knowledge" means actual knowledge.
(e) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(f) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
History:
2012, Act 371, Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 371 of 2012 - Uniform Arbitration Act (691.1681 - 691.1713) › Section 691.1682 - Notice.

691.1682 Notice.
Sec. 2.
(1) Except as otherwise provided in this act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(2) A person has notice if the person has knowledge of the notice or has received notice.
(3) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
History:
2012, Act 371, Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 371 of 2012 - Uniform Arbitration Act (691.1681 - 691.1713) › Section 691.1683 - Agreement to Arbitrate; When Act Applies.

691.1683 Agreement to arbitrate; when act applies.
Sec. 3.
(1) On or after July 1, 2013, this act governs an agreement to arbitrate whenever made.
(2) This act does not apply to an arbitration between members of a voluntary membership organization if arbitration is required and administered by the organization. However, a party to such an arbitration may request a court to enter an order confirming an arbitration award and the court may confirm the award or vacate the award for a reason contained in section 23(1)(a), (b), or (d).
History:
2012, Act 371, Eff. July 1, 2013