reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-47 - Chapter 47 (600.4701...600.4710) › Section 600.4704 - Notice Generally.

600.4704 Notice generally.
Sec. 4704.
(1) Within 28 days after personal property is seized or a lien notice is filed against real property under section 4703, the seizing agency or, if the property is real property, the attorney general, the prosecuting attorney, or the city or township attorney shall give notice of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter to each of the following persons:
(a) If charges have been filed against a person for a crime, the person charged.
(b) Each person with a known ownership interest in the property.
(c) Each mortgagee, person holding a security interest, or person having a lien that appears on the certificate of title or is on file with the secretary of state or appropriate register of deeds, if the property is real property, a mobile home, motor vehicle, watercraft, or other personal property.
(d) Each holder of a preferred ship mortgage of record in the appropriate public office pursuant to 46 USC 30101, 31301-31343, if the property is a watercraft more than 28 feet long or a watercraft that has a capacity of 5 net tons or more.
(e) Each person whose security interest is recorded with the appropriate public office pursuant to the federal aviation act of 1958, Public Law 85-726, if the property is an aircraft, aircraft engine, or aircraft propeller, or a part of an aircraft, aircraft engine, or aircraft propeller.
(f) Each person with a known security interest in the property.
(g) Each victim of the crime.
(2) The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal property was seized or the real property is located for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.
(3) If personal property was seized, the seizing agency shall immediately notify the prosecuting attorney for the county in which the property was seized or, if the attorney general is actively handling a case involving or relating to the property, the attorney general of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter.
(4) An attorney for a person described in subsection (1)(a) shall be afforded a period of 56 days within which to examine money seized under section 4703. This 56-day period shall begin to run after notice is given under subsection (1) but before the money is deposited into a financial institution.
History:
Add. 1988, Act 104, Eff. June 1, 1988 ;-- Am. 2006, Act 128, Imd. Eff. May 5, 2006 ;-- Am. 2014, Act 333, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-47 - Chapter 47 (600.4701...600.4710) › Section 600.4706 - Return of Personal Property to Owner; Discharge of Lien Against Real Property or Motor Vehicle; Time Limitation.

600.4706 Return of personal property to owner; discharge of lien against real property or motor vehicle; time limitation.
Sec. 4706.
(1) Except as otherwise provided by law, personal property seized under section 4703 shall be returned to the owner, or a lien filed against real property under section 4703 or against a motor vehicle under section 4705 shall be discharged, within 7 days after the occurrence of any of the following:
(a) A warrant is not issued against a person for the commission of a crime within 28 days after the property is seized or, if the property is real property, within 28 days after the lien is filed.
(b) All charges against the consenting legal owner relating to the commission of a crime are dismissed.
(c) The consenting legal owner charged with committing a crime is acquitted of the crime.
(d) In the case of multiple defendants, all persons charged with committing a crime are acquitted of the crime.
(e) Entry of a court order under this chapter for the return of the property or the discharge of the lien.
(2) Before the expiration of period of time prescribed under section (1)(a), the prosecuting attorney, attorney general, or the city or township attorney of the local unit of government where the property is seized or located may petition the court ex parte for not more than an additional 28 days to complete its investigation and issue charges or return the property. The court shall grant an extension under this subsection to the extent necessary upon determining that there is good cause shown for the extension.
History:
Add. 1988, Act 104, Eff. June 1, 1988 ;-- Am. 2014, Act 333, Eff. Jan. 14, 2015
Compiler's Notes:
In subsection (2), the reference to "section (1)(a)" evidently should be a reference to "subsection (1)(a)."
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-47 - Chapter 47 (600.4701...600.4710) › Section 600.4706a - Notice That Property Returned or Lien Discharged.

600.4706a Notice that property returned or lien discharged.
Sec. 4706a.
(1) Within 7 days after personal property is returned to the owner, or a lien filed against real property or a motor vehicle is discharged pursuant to section 4706, the seizing agency, or if the property is real property, the attorney general, the prosecuting attorney, or the city or township attorney who gave notice of the seizure of the property and the intent to forfeit and dispose of the property pursuant to section 4704, shall give notice to the persons who received notice pursuant to section 4704 that the property has been returned to the owner or that the lien has been discharged pursuant to section 4706.
(2) The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal property was seized or the real property is located for 10 successive publishing days.
History:
Add. 1988, Act 104, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-47 - Chapter 47 (600.4701...600.4710) › Section 600.4709 - Jurisdiction.

600.4709 Jurisdiction.
Sec. 4709.
The forfeiture action and related proceedings provided for in this chapter shall be brought in the district court pursuant to that court's equity jurisdiction established under section 8303, except that in a local unit of government in which there is a municipal court, the circuit court shall have original jurisdiction over the forfeiture action and related proceedings provided for in this chapter.
History:
Add. 1988, Act 104, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-47 - Chapter 47 (600.4701...600.4710) › Section 600.4710 - Report by Agency of Seizure and Forfeiture Activities Under Uniform Forfeiture Reporting Act; Audit; "Reporting Agency" Defined.

600.4710 Report by agency of seizure and forfeiture activities under uniform forfeiture reporting act; audit; "reporting agency" defined.
Sec. 4710.
(1) Beginning February 1, 2016, each reporting agency shall report all seizure and forfeiture activities under this chapter to the department of state police as required under the uniform forfeiture reporting act.
(2) Beginning February 1, 2016, each reporting agency is subject to audit as required under the uniform forfeiture reporting act.
(3) As used in this section, "reporting agency" means that term as defined in section 7 of the uniform forfeiture reporting act.
History:
Add. 2015, Act 150, Eff. Jan. 18, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4801 - Definitions.

600.4801 Definitions.
Sec. 4801.
As used in this chapter:
(a) "Costs" means any monetary amount that the court is authorized to assess and collect for prosecution, adjudication, or processing of criminal offenses, civil infractions, civil violations, and parking violations, including court costs, the cost of prosecution, and the cost of providing court-ordered legal assistance to the defendant.
(b) "Fee" means any monetary amount, other than costs or a penalty, that the court is authorized to impose and collect pursuant to a conviction, finding of responsibility, or other adjudication of a criminal offense, a civil infraction, a civil violation, or a parking violation, including a driver license reinstatement fee.
(c) "Penalty" includes fines, forfeitures, and forfeited recognizances.
(d) "Civil violation" means a violation of a law of this state or a local ordinance, other than a criminal offense or a violation that is defined or designated as a civil infraction, that is punishable by a civil fine or forfeiture under the applicable law or ordinance.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1993, Act 317, Eff. Jan. 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4803 - Penalty, Fee, or Costs; Failure to Pay as Subject to Late Penalty; Waiver; Disposition of Late Penalty; “Funding Unit” Defined.

***** 600.4803 THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2024: See 600.4803.amended *****
600.4803 Penalty, fee, or costs; failure to pay as subject to late penalty; waiver; disposition of late penalty; “funding unit” defined.
Sec. 4803.
(1) A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. Penalties, fees, and costs are due and owing at the time they are ordered unless the court directs otherwise. The court shall order a specific date on which the penalties, fees, and costs are due and owing. If the court authorizes delayed or installment payments of a penalty, fee, or costs, the court shall inform the person of the date on which, or time schedule under which, the penalty, fee, or costs, or portion of the penalty, fee, or costs, will be due and owing. A late penalty may be waived by the court upon the request of the person subject to the late penalty.
(2) Within 30 days after receiving a late penalty, the clerk of the court shall transmit the amount received to the treasurer or chief financial officer of the funding unit of the court, for deposit in the general fund of the funding unit.
(3) As used in this section, "funding unit" means 1 of the following as applicable:
(a) For the circuit court, each county in the circuit.
(b) For the recorder's court of the city of Detroit, the county.
(c) For the district court, the district funding unit of the district, as defined in section 8104.
(d) For a municipal court, the political unit where the municipal court is located.
History:
Add. 1993, Act 317, Eff. Jan. 1, 1994 ;-- Am. 1996, Act 374, Eff. Oct. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4803.amended - Penalty, Fee, or Costs; Failure to Pay as Subject to Late Penalty; Waiver; Disposition of Late Penalty; "Funding Unit" Defined.

***** 600.4803.amended THIS AMENDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
600.4803.amended Penalty, fee, or costs; failure to pay as subject to late penalty; waiver; disposition of late penalty; "funding unit" defined.
Sec. 4803.
(1) Except as otherwise provided in subsection (3), a person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. Penalties, fees, and costs are due and owing at the time they are ordered unless the court directs otherwise. The court shall order a specific date on which the penalties, fees, and costs are due and owing. If the court authorizes delayed or installment payments of a penalty, fee, or costs, the court shall inform the person of the date on which, or time schedule under which, the penalty, fee, or costs, or portion of the penalty, fee, or costs, will be due and owing. A late penalty may be waived by the court upon the request of the person subject to the late penalty.
(2) Within 30 days after receiving a late penalty, the clerk of the court shall transmit the amount received to the treasurer or chief financial officer of the funding unit of the court, for deposit in the general fund of the funding unit.
(3) This section does not apply to a juvenile or a parent, guardian, or legal custodian of a juvenile within the jurisdiction of the court under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(4) As used in this section, "funding unit" means 1 of the following as applicable:
(a) For the circuit court, each county in the circuit.
(b) For the recorder's court of the city of Detroit, the county.
(c) For the district court, the district funding unit of the district, as defined in section 8104.
(d) For a municipal court, the political unit where the municipal court is located.
History:
Add. 1993, Act 317, Eff. Jan. 1, 1994 ;-- Am. 1996, Act 374, Eff. Oct. 1, 1996 ;-- Am. 2023, Act 292, Eff. Oct. 1, 2024
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4805 - Penalty; Recovery.

600.4805 Penalty; recovery.
Sec. 4805.
(1) Unless otherwise specially provided for by law, if a penalty is incurred by any person and the act or omission for which the penalty is imposed is not also a felony, misdemeanor, or civil infraction, the penalty may be recovered in a civil action.
(2) Unless otherwise specially provided by law, any fine, cost, restitution, reimbursement, assessment, or other fee that is imposed in a criminal case or civil infraction action as authorized by law or court rule may be recovered in the same manner as a civil judgment for money in the same court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2003, Act 178, Eff. Oct. 1, 2003 ;-- Am. 2010, Act 225, Imd. Eff. Dec. 10, 2010
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4811 - Penalty; Amount Not Specified, Action.

600.4811 Penalty; amount not specified, action.
Sec. 4811.
When a penalty is imposed by law for any act or omission, not exceeding any specified sum, an action may be brought for the highest sum so specified. The jury, or court before whom the trial is had, shall award the sum deemed proportionate to the offense, within the limitation prescribed by law.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4815 - Fines and Costs; Execution.

600.4815 Fines and costs; execution.
Sec. 4815.
Execution may issue for the collection of fines and costs imposed for misdemeanors, or offenses punishable by fine or imprisonment, or fine and imprisonment, in all cases where no alternative sentence or judgment of imprisonment has been rendered. No person may be imprisoned under and by virtue of such execution for a greater period than 90 days.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4821 - Execution on Forfeited Recognizance; Redemption of Real Estate.

600.4821 Execution on forfeited recognizance; redemption of real estate.
Sec. 4821.
If any recognizance to the people of this state is forfeited, judgment shall be for the amount of the penalty of the recognizance. Execution shall be awarded and executed upon such judgment in the same manner as upon judgments in personal actions, and with like effect. If any real estate is sold by virtue of an execution awarded on such judgment, it may be redeemed as in other cases.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4825 - Penalty; Township Officers; Notice to Prosecuting Attorney.

600.4825 Penalty; township officers; notice to prosecuting attorney.
Sec. 4825.
Every township officer who knows, or has good reason to believe, that any penalty has been incurred within his township, shall forthwith give notice thereof to the prosecuting attorney of the county.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4831 - Penalty; Prosecution by Prosecuting Attorney.

600.4831 Penalty; prosecution by prosecuting attorney.
Sec. 4831.
(1) Where the prosecuting attorney knows, or has reason to believe, that a penalty has been incurred within his county, or has been notified of such penalty by a township officer, he shall prosecute for such penalty without delay.
(2) If the township supervisor has commenced a suit to recover such penalty, the prosecuting attorney shall, on request by such supervisor, attend to and conduct such suit on behalf of the plaintiff.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4835 - Penalty; Remission by Circuit Court.

600.4835 Penalty; remission by circuit court.
Sec. 4835.
The circuit court for the county in which such court was held, or in which such recognizance was taken, may, upon good cause shown, remit any penalty, or any part thereof, upon such terms as appear just and equitable to the court. But this section does not authorize such court to remit any fine imposed by any court upon a conviction for any criminal offense, nor any fine imposed by any court for an actual contempt of such court, or for disobedience of its orders or process.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4841 - Collections; Payment to County Treasurer.

600.4841 Collections; payment to county treasurer.
Sec. 4841.
(1) All officers or other persons who collect or receive any moneys on account of any penalty shall pay over the same to the county treasurer on or before the last day of the month following.
(2) Upon learning that any person has neglected to pay over such moneys within such time, the county treasurer shall proceed in the circuit court for the county to collect such moneys.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4845 - Moneys From Fines and Penalties; Duties of County Treasurer.

600.4845 Moneys from fines and penalties; duties of county treasurer.
Sec. 4845.
(1) The county treasurer shall credit all fines for the violation of the penal laws to the library fund and all other penalties to the general fund; and he shall account therefor to the board of supervisors annually.
(2) In case of the sale of any real estate upon an execution upon judgment rendered for the breach of any recognizance in any criminal case the county treasurer shall, in case there are no bidders to the full amount of any such judgment or the value of the property advertised, bid off the same. If the same is not redeemed within the time allowed by law for the redemption thereof, the county treasurer shall sell the same for the best price he can obtain therefor, and place the money received in the general fund.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-48 - Chapter 48 Collection of Penalties, Fines, and Forfeited Recognizances (600.4801...600.4851) › Section 600.4851 - County Law Library Fund; Maximum Sums Credited From Library Fund; Payment Upon Order of Circuit Judge or Presiding Judge; Annual Report.

600.4851 County law library fund; maximum sums credited from library fund; payment upon order of circuit judge or presiding judge; annual report.
Sec. 4851.
(1) In each county the county treasurer shall credit semiannually to a fund to be known as the county law library fund, from the library fund, an amount as follows:
(a) In counties having a population of 250,000 or more, but less than 1,000,000 inhabitants, the sum credited shall not exceed:
(i) For 1981, $4,000.00.
(ii) For 1982, $6,250.00.
(iii) For 1983 and each year thereafter, $8,500.00.
(b) In counties having a population of 50,000 or more, but less than 250,000 inhabitants, the sum credited shall not exceed:
(i) For 1981, $3,000.00.
(ii) For 1982, $4,750.00.
(iii) For 1983 and each year thereafter, $6,500.00.
(c) In counties of 35,000 or more, but less than 50,000 inhabitants, the sum credited shall not exceed:
(i) For 1981, $2,000.00.
(ii) For 1982, $3,250.00.
(iii) For 1983 and each year thereafter, $4,500.00.
(d) In counties of 20,000 or more, but less than 35,000 inhabitants, the sum credited shall not exceed:
(i) For 1981, $1,500.00.
(ii) For 1982, $2,500.00.
(iii) For 1983 and each year thereafter, $3,500.00.
(e) In counties of 10,000 or more, but less than 20,000 inhabitants, the sum credited shall not exceed:
(i) For 1981, $1,000.00.
(ii) For 1982, $1,750.00.
(iii) For 1983 and each year thereafter, $2,500.00.
(f) In counties of less than 10,000 inhabitants, the sum credited shall not exceed:
(i) For 1981, $750.00.
(ii) For 1982, $1,375.00.
(iii) For 1983 and each year thereafter, $2,000.00.
(2) All money credited to the county law library fund shall be paid out by the county treasurer only upon the order of the circuit judge in multiple county circuits or upon the order of the presiding judge in single county circuits for the purpose of establishing, operating, and maintaining a law library for the use of the circuit, district, and probate courts in the county and for the officers of the courts and persons having business in the courts.
(3) The county law librarian, or other person as the circuit or presiding judge shall designate, shall make a detailed report before January 2 of each year of the sums expended for books for the county law library. The annual report shall be filed with the county clerk.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1982, Act 18, Imd. Eff. Mar. 3, 1982 ;-- Am. 1982, Act 173, Imd. Eff. June 4, 1982
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4901 - “Panel” Defined.

600.4901 “Panel” defined.
Sec. 4901.
As used in this chapter, "panel" means a mediation panel selected pursuant to section 4905.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4903 - Mediation of Action Alleging Medical Malpractice; Time for Referring Action to Mediation; Hearing by Mediation Panel.

600.4903 Mediation of action alleging medical malpractice; time for referring action to mediation; hearing by mediation panel.
Sec. 4903.
(1) An action alleging medical malpractice shall be mediated pursuant to this chapter.
(2) The judge to whom an action alleging medical malpractice is assigned or the chief judge shall refer the action to mediation by written order not less than 91 days after the filing of the answer or answers.
(3) An action referred to mediation pursuant to subsection (2) shall be heard by a mediation panel selected pursuant to section 4905.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4905 - Mediation Panel; Selection and Qualifications of Members; Judge as Member; Grounds for Disqualification as Mediator.

600.4905 Mediation panel; selection and qualifications of members; judge as member; grounds for disqualification as mediator.
Sec. 4905.
(1) A mediation panel shall be composed of 5 voting members, 3 of whom shall be licensed attorneys, 1 of whom shall be a licensed or registered health care provider selected by the defendant or defendants and 1 of whom shall be a licensed or registered health care provider selected by the plaintiff or plaintiffs. If a defendant is a specialist, the health care provider members of the panel shall specialize in the same or a related, relevant area of health care as the defendant.
(2) Except as otherwise provided in subsection (1), the procedure for selecting mediation panel members and their qualifications shall be as prescribed by the Michigan court rules or local court rules.
(3) A judge may be selected as a member of a mediation panel, but may not preside at the trial of any action in which he or she served as a mediator.
(4) The grounds for disqualification of a mediator are the same as that provided in the Michigan court rules for the disqualification of a judge.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4907 - Mediation Clerk; Designation; Setting Time and Place for Mediation Hearing; Notice; Adjournments.

600.4907 Mediation clerk; designation; setting time and place for mediation hearing; notice; adjournments.
Sec. 4907.
(1) The court shall designate the clerk of the court, the court administrator, the assignment clerk, or some other person to serve as the mediation clerk.
(2) The mediation clerk shall set a time and place for the mediation hearing and send notice to the mediators and the attorneys of record at least 28 days before the date set for the mediation hearing.
(3) Adjournments of mediation hearings shall be granted only for good cause, in accordance with the Michigan court rules.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4909 - Mediation Fee.

600.4909 Mediation fee.
Sec. 4909.
(1) Within 14 days after the mailing of the notice of the mediation hearing, each party shall submit payment to the mediation clerk of a mediation fee of $75.00 in the manner specified in the notice of the mediation hearing. However, if a judge is a member of the panel, the fee shall be $50.00. Only a single fee is required of each party, even if there are counterclaims, cross-claims, or third-party claims. The mediation clerk shall arrange payment to the mediators.
(2) If a claim is derivative of another claim, the claims shall be treated as a single claim, with 1 fee to be paid and a single award made by the mediators.
(3) In the case of multiple injuries to members of a single family, the plaintiffs may elect to treat the action as involving 1 claim, with the payment of 1 fee and the rendering of 1 lump sum award to be accepted or rejected. If such an election is not made, a separate fee shall be paid for each plaintiff, and the mediation panel shall then make separate awards for each claim, which may be individually accepted or rejected.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4911 - Submission of Documents and Brief or Summary to Mediation Clerk; Penalty for Failure to Submit Materials.

600.4911 Submission of documents and brief or summary to mediation clerk; penalty for failure to submit materials.
Sec. 4911.
(1) At least 7 days before the mediation hearing date, each party shall submit to the mediation clerk 5 copies of the documents pertaining to the issues to be mediated and 5 copies of a concise brief or summary setting forth that party's factual or legal position on issues presented by the action. In addition, 1 copy of each shall be served on each attorney of record.
(2) Failure to submit the materials to the mediation clerk as prescribed in subsection (1) shall subject the offending party to a $60.00 penalty to be paid at the time of the mediation hearing and distributed equally among the mediators.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4913 - Right of Party to Attend Mediation Hearing; Personal Appearance to Demonstrate Unusual Conditions; Testimony Prohibited; Rules of Evidence Inapplicable; Factual Information; Limitation on Oral Presentation; Requests and Inquiries by Panel; Admissibility of Statements, Briefs, or Summaries.

600.4913 Right of party to attend mediation hearing; personal appearance to demonstrate unusual conditions; testimony prohibited; rules of evidence inapplicable; factual information; limitation on oral presentation; requests and inquiries by panel; admissibility of statements, briefs, or summaries.
Sec. 4913.
(1) A party has the right, but is not required, to attend a mediation hearing. If scars, disfigurement, or other unusual conditions exist, they may be demonstrated to the mediation panel by a personal appearance; however, testimony shall not be taken or permitted of any party.
(2) The Michigan rules of evidence shall not apply before the mediation panel. Factual information having a bearing on damages or liability shall be supported by documentary evidence, if possible.
(3) Oral presentation shall be limited to 15 minutes per side unless multiple parties or unusual circumstances warrant additional time. The mediation panel may request information on applicable insurance policy limits and may inquire about settlement negotiations, unless a party objects.
(4) Statements by the attorneys and the briefs or summaries are not admissible in any subsequent court or evidentiary proceeding.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4919 - Entry of Judgment; Action to Proceed to Trial Upon Rejection; Placing Copies of Evaluation, Acceptances, and Rejections in Sealed Envelope; Filing Envelope With Clerk of Court; Opening Envelope; Evaluation Not Exceeding Jurisdictional Limitation of District Court.

600.4919 Entry of judgment; action to proceed to trial upon rejection; placing copies of evaluation, acceptances, and rejections in sealed envelope; filing envelope with clerk of court; opening envelope; evaluation not exceeding jurisdictional limitation of district court.
Sec. 4919.
(1) If all the parties accept the mediation panel's evaluation, judgment shall be entered in that amount, which shall include all fees, costs, and interest to the date of judgment.
(2) In a case involving multiple parties, judgment shall be entered as to those opposing parties who have accepted the portions of the evaluation that apply to them.
(3) Except as otherwise provided in this chapter for multiple parties, if all or part of the evaluation of the mediation panel is rejected, the action shall proceed to trial.
(4) The mediation clerk shall place a copy of the mediation evaluation and the parties' acceptances and rejections in a sealed envelope for filing with the clerk of the court. In a nonjury action, the envelope shall not be opened and the parties shall not reveal the amount of the evaluation until the judge has rendered judgment.
(5) If the mediation evaluation of an action pending in the circuit court does not exceed the jurisdictional limitation of the district court, the mediation clerk shall so inform the trial judge.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-49 - Chapter 49 (600.4901...600.4923) › Section 600.4921 - Payment of Actual Costs; Adjustment of Verdict; Scope of Actual Costs; Condition Prohibiting Award of Costs.

600.4921 Payment of actual costs; adjustment of verdict; scope of actual costs; condition prohibiting award of costs.
Sec. 4921.
(1) If a party has rejected an evaluation and the action proceeds to trial, that party shall pay the opposing party's actual costs unless the verdict is more favorable to the rejecting party than the mediation evaluation. However, if the opposing party has also rejected the evaluation, that party is entitled to costs only if the verdict is more favorable to that party than the mediation evaluation.
(2) For the purpose of subsection (1), a verdict shall be adjusted by adding to it assessable costs and interest on the amount of the verdict from the filing of the complaint to the date of the mediation evaluation. After this adjustment, the verdict is considered more favorable to a defendant if it is more than 10% below the evaluation, and is considered more favorable to the plaintiff if it is more than 10% above the evaluation.
(3) For the purpose of this section, actual costs include those costs taxable in any civil action and a reasonable attorney fee as determined by the trial judge for services necessitated by the rejection of the mediation evaluation.
(4) Costs shall not be awarded if the mediation award was not unanimous.
History:
Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”