reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 371 of 2012 - Uniform Arbitration Act (691.1681 - 691.1713) › Section 691.1684 - Effect of Agreement to Arbitrate; Nonwaivable Provisions.

691.1684 Effect of agreement to arbitrate; nonwaivable provisions.
Sec. 4.
(1) Except as otherwise provided in subsections (2) and (3), a party to an agreement to arbitrate or to an arbitration proceeding may waive or the parties may vary the effect of the requirements of this act to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not do any of the following:
(a) Waive or agree to vary the effect of the requirements of section 5(1), 6(1), 8, 17(1) or (2), 26, or 28.
(b) Agree to unreasonably restrict the right under section 9 to notice of the initiation of an arbitration proceeding.
(c) Agree to unreasonably restrict the right under section 12 to disclosure of any facts by a neutral arbitrator.
(d) Waive the right under section 16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this act, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(3) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or section 3(1) or (3), 7, 14, 18, 20(4) or (5), 22, 23, 24, 25(1) or (2), 29, 30, or 31.
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 691.1685 - Request for Judicial Relief.

691.1685 Request for judicial relief.
Sec. 5.
(1) Except as otherwise provided in section 28, a request for judicial relief under this act must be made by motion to the court and heard in the manner provided by court rule for making and hearing motions.
(2) Unless a civil action is already pending between the parties, a complaint regarding the agreement to arbitrate must be filed and served as in other civil actions. Notice of an initial motion under this act may be served with the summons and complaint in the manner provided by court rule for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by court rule for serving motions in pending actions.
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 691.1686 - Validity of Agreement to Arbitrate.

691.1686 Validity of agreement to arbitrate.
Sec. 6.
(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
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 691.1687 - Order to Compel or Stay Arbitration.

691.1687 Order to compel or stay arbitration.
Sec. 7.
(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement, the court shall do both of the following:
(a) If the refusing party does not appear or does not oppose the motion, order the parties to arbitrate.
(b) If the refusing party opposes the motion, proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(3) If the court finds that there is no enforceable agreement, it shall not order the parties to arbitrate under subsection (1) or (2).
(4) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in section 27.
(6) If a party moves the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
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 691.1688 - Provisional Remedies.

691.1688 Provisional remedies.
Sec. 8.
(1) Before an arbitrator is appointed and is authorized and able to act, the court, on motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(2) After an arbitrator is appointed and is authorized and able to act, both of the following apply:
(a) The arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(b) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
(3) A party does not waive a right of arbitration by making a motion under subsection (1) or (2).
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 691.1689 - Initiation of Arbitration.

691.1689 Initiation of arbitration.
Sec. 9.
(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(2) Unless a person objects for lack or insufficiency of notice under section 15(3) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.
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 691.1690 - Consolidation of Separate Arbitration Proceedings.

691.1690 Consolidation of separate arbitration proceedings.
Sec. 10.
(1) Except as otherwise provided in subsection (3), on motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply:
(a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or 1 of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person.
(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions.
(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings.
(d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
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 691.1691 - Appointment of Arbitrator; Service as Neutral Arbitrator.

691.1691 Appointment of arbitrator; service as neutral arbitrator.
Sec. 11.
(1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or an arbitrator appointed by the agreed method.
(2) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral.
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 691.1692 - Disclosure by Arbitrator.

691.1692 Disclosure by arbitrator.
Sec. 12.
(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including both of the following:
(a) A financial or personal interest in the outcome of the arbitration proceeding.
(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.
(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(3) If an arbitrator discloses a fact required by subsection (1) or (2) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under section 23(1)(b) for vacating an award made by the arbitrator.
(4) If the arbitrator did not disclose a fact as required by subsection (1) or (2), on timely objection by a party, the court under section 23(1)(b) may vacate an award.
(5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under section 23(1)(b).
(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 23(1)(b).
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 691.1693 - Action by Majority.

691.1693 Action by majority.
Sec. 13.
If there is more than 1 arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under section 15(3).
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 691.1694 - Immunity of Arbitrator; Competency to Testify; Attorney Fees and Costs.

691.1694 Immunity of arbitrator; competency to testify; attorney fees and costs.
Sec. 14.
(1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(2) The immunity afforded by this section supplements any immunity under other law.
(3) The failure of an arbitrator to make a disclosure required by section 12 does not cause any loss of immunity under this section.
(4) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection is subject to both of the following:
(a) This subsection does not apply to the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding.
(b) This subsection does not apply to a hearing on a motion to vacate an award under section 23(1)(b) or (c) if the moving party establishes prima facie that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (4), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney fees and other reasonable expenses of litigation.
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 691.1695 - Arbitration Process.

691.1695 Arbitration process.
Sec. 15.
(1) An arbitrator may conduct an arbitration in the manner that the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred on the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.
(2) An arbitrator may decide a request for summary disposition of a claim or particular issue if either of the following applies:
(a) All interested parties agree.
(b) On request of 1 party to the arbitration proceeding if the party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than 5 days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. On request of a party to the arbitration proceeding and for good cause shown, or on the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy on the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(4) At a hearing under subsection (3), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 11 to continue the proceeding and to resolve the controversy.
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 691.1696 - Representation by Lawyer.

691.1696 Representation by lawyer.
Sec. 16.
A party to an arbitration proceeding may be represented by a lawyer.
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 691.1698 - Judicial Enforcement of Preaward of Ruling by Arbitrator.

691.1698 Judicial enforcement of preaward of ruling by arbitrator.
Sec. 18.
If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 19. A prevailing party may move the court for an expedited order to confirm the award under section 22, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under section 23 or 24.
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 691.1699 - Award.

691.1699 Award.
Sec. 19.
(1) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(2) An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may extend the time within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
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 691.1700 - Modification or Correction of Award by Arbitrator.

691.1700 Modification or correction of award by arbitrator.
Sec. 20.
(1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award on any of the following grounds:
(a) A ground stated in section 24(1)(a) or (c).
(b) Because the arbitrator has not made a final and definite award on a claim submitted by the parties to the arbitration proceeding.
(c) To clarify the award.
(2) A motion under subsection (1) must be made and notice given to all parties within 20 days after the moving party receives notice of the award.
(3) A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.
(4) If a motion to the court is pending under section 22, 23, or 24, the court may submit the claim to the arbitrator to consider whether to modify or correct the award for any of the following grounds:
(a) A ground stated in section 24(1)(a) or (c).
(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding.
(c) To clarify the award.
(5) An award modified or corrected under this section is subject to sections 19(1), 22, 23, and 24.
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 691.1701 - Remedies; Fees and Expenses of Arbitration Proceeding.

691.1701 Remedies; fees and expenses of arbitration proceeding.
Sec. 21.
(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(2) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(3) As to all remedies other than those authorized by subsections (1) and (2), an arbitrator may order remedies that the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 22 or for vacating an award under section 23.
(4) An arbitrator's expenses and fees, and other expenses, shall be paid as provided in the award.
(5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
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 691.1702 - Confirmation of Award.

691.1702 Confirmation of award.
Sec. 22.
After a party to an arbitration proceeding receives notice of an award, the party may move the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected under section 20 or 24 or is vacated under section 23.
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 691.1703 - Vacating Award.

691.1703 Vacating award.
Sec. 23.
(1) On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if any of the following apply:
(a) The award was procured by corruption, fraud, or other undue means.
(b) There was any of the following:
(i) Evident partiality by an arbitrator appointed as a neutral arbitrator.
(ii) Corruption by an arbitrator.
(iii) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding.
(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 15, so as to prejudice substantially the rights of a party to the arbitration proceeding.
(d) An arbitrator exceeded the arbitrator's powers.
(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 15(3) not later than the beginning of the arbitration hearing.
(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 9 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(2) A motion under this section must be filed within 90 days after the moving party receives notice of the award under section 19 or within 90 days after the moving party receives notice of a modified or corrected award under section 20, unless the moving party alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the moving party.
(3) If the court vacates an award on a ground other than that set forth in subsection (1)(e), it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b), the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in section 19(2) for an award.
(4) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
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 691.1704 - Modification or Correction of Award.

691.1704 Modification or correction of award.
Sec. 24.
(1) On motion made within 90 days after the moving party receives notice of the award under section 19 or within 90 days after the moving party receives notice of a modified or corrected award under section 20, the court shall modify or correct the award if any of the following apply:
(a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award.
(b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision on the claims submitted.
(c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(2) If a motion made under subsection (1) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
(3) A motion to modify or correct an award under this section may be joined with a motion to vacate the award.
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 691.1705 - Judgment on Award; Attorney Fees and Litigation.

691.1705 Judgment on award; attorney fees and litigation.
Sec. 25.
(1) On granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment that conforms with the order. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.
(2) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(3) On request of a prevailing party to a contested judicial proceeding under section 22, 23, or 24, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.
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 691.1706 - Jurisdiction.

691.1706 Jurisdiction.
Sec. 26.
(1) A court of this state that has jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(2) An agreement to arbitrate that provides for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this act.
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 691.1707 - Venue.

691.1707 Venue.
Sec. 27.
A motion under section 5 shall be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions shall be made in the court that heard the initial motion unless the court otherwise directs.
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 691.1708 - Appeals.

691.1708 Appeals.
Sec. 28.
(1) An appeal may be taken from any of the following:
(a) An order denying a motion to compel arbitration.
(b) An order granting a motion to stay arbitration.
(c) An order confirming or denying confirmation of an award.
(d) An order modifying or correcting an award.
(e) An order vacating an award without directing a rehearing.
(f) A final judgment entered under this act.
(2) An appeal under this section shall be taken as from an order or a judgment in a civil action.
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 691.1709 - Uniformity of Application and Construction.

691.1709 Uniformity of application and construction.
Sec. 29.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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 691.1710 - Relationship to Electronic Signatures in Global and National Commerce Act.

691.1710 Relationship to electronic signatures in global and national commerce act.
Sec. 30.
The provisions of this act that govern the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the electronic signatures in global and national commerce act, 15 USC 7002.
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 691.1711 - Effective Date.

691.1711 Effective date.
Sec. 31.
This act takes effect on July 1, 2013.
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 691.1713 - Savings Clause.

691.1713 Savings clause.
Sec. 33.
This act does not affect an action or proceeding commenced or right accrued before this act takes effect.
History:
2012, Act 371, Eff. July 1, 2013
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1731 - Short Title.

691.1731 Short title.
Sec. 1.
This act shall be known and may be cited as the "trampoline court safety act".
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1732 - Definitions.

691.1732 Definitions.
Sec. 2.
As used in this act:
(a) "Institutional trampoline" means a trampoline court trampoline intended for use in a commercial or institutional facility.
(b) "Operator" means a person that owns or controls or that has operational responsibility for a trampoline court.
(c) "Spectator" means an individual who is present in a trampoline court only for the purpose of observing trampoline court activity, whether recreational or competitive.
(d) "Trampoline court" means a defined area that contains 1 or more institutional trampolines or a series of institutional trampolines, a trampoline court foam pit, or a series of trampoline court foam pits.
(e) "Trampoline court foam pit" means a combination style dismount pit designed with a rebound device, covered with loose impact-absorbing blocks used in a trampoline court intended for use in a commercial or institutional facility.
(f) "Trampoline court trampoline" means a rebound device activated by vertical or lateral jumping used in a trampoline court.
(g) "Trampoliner" means an individual in a trampoline court for the purpose of trampolining.
(h) "Trampolining" means tumbling or jumping in a trampoline court.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1733 - Operator; Duties.

691.1733 Operator; duties.
Sec. 3.
An operator shall do all of the following:
(a) Post the duties of trampoliners and spectators as prescribed in this act and the duties, obligations, and liabilities of operators as prescribed in this act in conspicuous places.
(b) Comply with the safety standards specified in ASTM F2970 – 13, "Standard Practice for Design, Manufacture, Installation, Operation, Maintenance, Inspection and Major Modification of Trampoline Courts" published in 2013 by the American society for testing and materials.
(c) Maintain the trampoline court according to the safety standards cited in subdivision (b).
(d) Maintain the stability and legibility of all required signs, symbols, and posted notices.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1734 - Operator; Additional Duties.

691.1734 Operator; additional duties.
Sec. 4.
An operator shall do both of the following:
(a) Deliver instructions concerning trampoline court rules to trampoliners before they participate in the trampoline court. The instructions may be delivered to trampoliners using video, audio, or computer-based programs, a prerecorded spiel, a written document, signage, verbal instruction, or other delivery method approved by the operator.
(b) Convey to trampoliners the substance of the trampoliner responsibility requirements under section 5.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1735 - Trampoliner; Duties.

691.1735 Trampoliner; duties.
Sec. 5.
While in a trampoline court, a trampoliner shall do all of the following:
(a) Maintain reasonable control of his or her speed and course at all times.
(b) Read and follow all posted signs and warnings.
(c) Avoid bodily contact with other trampoliners or spectators.
(d) Not run on trampolines, over pads, or on platforms.
(e) Refrain from acting in a manner that may cause injury to others.
(f) Not participate in a trampoline court when under the influence of drugs or alcohol.
(g) Properly use all trampoline court safety equipment provided.
(h) Not participate in a trampoline court if he or she has a preexisting medical condition, a bone condition, a circulatory condition, a heart or lung condition, a back or neck condition, high blood pressure, or a history of spine, musculoskeletal, or head injury, if he or she has had recent surgery, or if she may be pregnant.
(i) Remove inappropriate attire, including hard, sharp, or dangerous objects, such as buckles, pens, purses, or badges.
(j) Conform with or meet height, weight, or age restrictions imposed by the operator to use or participate in the trampoline court activity.
(k) Avoid crowding or overloading individual sections of the trampoline court.
(l) Use the trampoline court within his or her own limitations, training, and acquired skills.
(m) Avoid landing on the head or neck. Serious injury, paralysis, or death can occur from that activity.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1736 - Acceptance of Dangers.

691.1736 Acceptance of dangers.
Sec. 6.
An individual who participates in trampolining accepts the danger that inheres in that activity insofar as the dangers are obvious and necessary. Those dangers include, but are not limited to, injuries that result from collisions with other trampoliners or other spectators, injuries that result from falls, injuries that result from landing on the trampoline, pad, or platform, and injuries that involve objects or artificial structures properly within the intended travel of the trampoliner that are not otherwise attributable to the operator's breach of his or her common law duties.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1737 - Violation; Liability.

691.1737 Violation; liability.
Sec. 7.
A trampoliner, spectator, or operator who violates this act is liable in a civil action for damages for the portion of the loss or damage that results from the violation.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 11 of 2014 - Trampoline Court Safety Act (691.1731 - 691.1738) › Section 691.1738 - Exceptions.

691.1738 Exceptions.
Sec. 8.
This act does not apply to a person that operates a gymnastics club or facility to which all of the following apply:
(a) The majority of the activities at the gymnastics club or facility are gymnastics-based.
(b) The majority of the revenue from the gymnastics club or facility is derived through supervised educational instruction classes or programs in which the student-to-coach or instructor ratio is based on age, skill level, and number of students.
(c) Gymnastics skills and basics are taught at the gymnastics club or facility through programs that use progression-oriented training and by supervised training and classes.
History:
2014, Act 11, Imd. Eff. Feb. 18, 2014
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 343 of 2016 - Wrongful Imprisonment Compensation Act (691.1751 - 691.1757) › Section 691.1751 - Short Title.

691.1751 Short title.
Sec. 1.
This act shall be known and may be cited as the "wrongful imprisonment compensation act".
History:
2016, Act 343, Eff. Mar. 29, 2017
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 343 of 2016 - Wrongful Imprisonment Compensation Act (691.1751 - 691.1757) › Section 691.1752 - Definitions.

691.1752 Definitions.
Sec. 2.
As used in this act:
(a) "Charges" means the criminal complaint filed against the plaintiff by a county prosecutor or the attorney general on behalf of the people of this state that resulted in the conviction and imprisonment of the plaintiff that are the subject of the claim for compensation under this act.
(b) "New evidence" means any evidence that was not presented in the proceedings leading to plaintiff's conviction, including new testimony, expert interpretation, the results of DNA testing, or other test results relating to evidence that was presented in the proceedings leading to plaintiff's conviction. New evidence does not include a recantation by a witness unless there is other evidence to support the recantation or unless the prosecuting attorney for the county in which the plaintiff was convicted or, if the department of attorney general prosecuted the case, the attorney general agrees that the recantation constitutes new evidence without other evidence to support the recantation.
(c) "Plaintiff" means the individual making a claim for compensation under this act. Plaintiff does not include the estate of an individual entitled to make a claim for compensation under this act, the personal representative of the estate, or any heir, devisee, beneficiary, or other person who is entitled under other law to pursue a claim for damages, injury, or death suffered by the individual.
(d) "State correctional facility" means a correctional facility maintained and operated by the department of corrections.
(e) "This state" means the state of Michigan and its political subdivisions, and the agencies, departments, commissions, and courts of this state and its political subdivisions.
History:
2016, Act 343, Eff. Mar. 29, 2017
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 343 of 2016 - Wrongful Imprisonment Compensation Act (691.1751 - 691.1757) › Section 691.1753 - Wrongful Conviction and Imprisonment; Action for Compensation Against State.

691.1753 Wrongful conviction and imprisonment; action for compensation against state.
Sec. 3.
An individual convicted under the law of this state and subsequently imprisoned in a state correctional facility for 1 or more crimes that he or she did not commit may bring an action for compensation against this state in the court of claims as allowed by this act.
History:
2016, Act 343, Eff. Mar. 29, 2017
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 343 of 2016 - Wrongful Imprisonment Compensation Act (691.1751 - 691.1757) › Section 691.1754 - Complaint; Documentation; Verification by Plaintiff; Service; Notice to Victim of Assaultive Crime or Serious Misdemeanor; Discovery.

691.1754 Complaint; documentation; verification by plaintiff; service; notice to victim of assaultive crime or serious misdemeanor; discovery.
Sec. 4.
(1) In an action under this act, the plaintiff shall attach to his or her verified complaint documentation that establishes all of the following:
(a) The plaintiff was convicted of 1 or more crimes under the law of this state, was sentenced to a term of imprisonment in a state correctional facility for the crime or crimes, and served at least part of the sentence.
(b) The plaintiff's judgment of conviction was reversed or vacated and either the charges were dismissed or on retrial the plaintiff was found to be not guilty.
(c) New evidence demonstrates that the plaintiff was not the perpetrator of the crime or crimes and was not an accessory or accomplice to the acts that were the basis of the conviction and resulted in a reversal or vacation of the judgment of conviction, dismissal of the charges, finding of not guilty, or gubernatorial pardon.
(2) A complaint filed under this section must be verified by the plaintiff.
(3) A copy of a complaint filed under this section must be served on the attorney general and on the prosecuting attorney for the county in which the plaintiff was convicted. The attorney general and the prosecuting attorney may answer and contest the complaint.
(4) If the plaintiff's conviction was for an assaultive crime or a serious misdemeanor, the prosecuting attorney shall notify the victim of the assaultive crime or serious misdemeanor of the application in the same manner as is required for an application to have a conviction set aside under section 22a or 77a of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.772a and 780.827a. The prosecuting attorney shall give the victim notice under this subsection by first-class mail sent to the victim's last known address. The victim or victim's representative has the right to appear at any proceeding under this act concerning the complaint and to make a written or oral statement.
(5) The plaintiff, the attorney general, and the prosecuting attorney for the county in which the plaintiff was convicted may conduct discovery in an action under this act.
History:
2016, Act 343, Eff. Mar. 29, 2017
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 343 of 2016 - Wrongful Imprisonment Compensation Act (691.1751 - 691.1757) › Section 691.1757 - Action for Compensation; Commencement.

691.1757 Action for compensation; commencement.
Sec. 7.
(1) An action for compensation under this act must be commenced within 3 years after entry of a verdict, order, or judgment as the result of an event described in section 4(1)(b). Any action by this state challenging or appealing a verdict, order, or judgment entered as the result of an event described in section 4(1)(b) tolls the 3-year period.
(2) An individual convicted, imprisoned, and released from custody before March 29, 2017 must commence an action under this act within 18 months after the effective date of the 2020 amendatory act that amended this section.
History:
2016, Act 343, Eff. Mar. 29, 2017 ;-- Am. 2020, Act 43, Imd. Eff. Mar. 3, 2020
Compiler's Notes:
Enacting section 1 of Act 43 of 2020 provides:"Enacting section 1. Section 7 of the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1757, as amended by this amendatory act, applies retroactively to March 29, 2017."
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1801 - Short Title.

691.1801 Short title.
Sec. 1.
This act may be cited as the "extreme risk protection order act".
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law