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) › 236-1961-61 - Chapter 61 Proceedings Supplementary to Judgment (600.6101...600.6143) › Section 600.6128 - Trying Title to Debt or Property; Third Party Claimant; Jury.

600.6128 Trying title to debt or property; third party claimant; jury.
Sec. 6128.
(1) Where it appears to the court that:
(a) The judgment debtor may have an interest in or title to any real property, and such interest or title is disclaimed by the judgment debtor or disputed by another person;
(b) The judgment debtor may own or have a right of possession to any personal property, and such ownership or right of possession is substantially disputed by another person; or
(c) A third party is indebted to the judgment debtor, and the obligation of the third party to pay the judgment debtor is disputed; the court may, if the person or persons claiming adversely is a party to the proceeding, adjudicate the respective interests of the parties in such debt or real or personal property, and may determine such property to be wholly or in part the property of the judgment debtor, or that the debt is owed the judgment debtor.
(2) If the person claiming adversely to the judgment debtor is not a party to the proceeding, the court shall by show cause order or otherwise cause such person to be brought in and made a party thereto, and shall set such proceeding for early hearing.
(3) Any person so made a party, or any party to the original proceeding, may have such issue determined by a jury upon demand therefor and payment of a jury fee as in other civil actions if such person would be entitled to a jury trial if the matter was adjudicated in a separate action.
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) › 236-1961-61 - Chapter 61 Proceedings Supplementary to Judgment (600.6101...600.6143) › Section 600.6131 - Prima Facie Case; Burden of Proof; Proceedings Before Sale on Execution; Transfer of Property Within 1 Year Prior to Commencement of Action.

600.6131 Prima facie case; burden of proof; proceedings before sale on execution; transfer of property within 1 year prior to commencement of action.
Sec. 6131.
(1) The complainant shall make a prima facie case by introducing in evidence the judgment against the principal defendant and proof of the conveyance complained of. The burden of proof is then on the judgment debtor, the person claiming through him, or the person whom it is claimed holds the property in trust for him, to show that the transaction is in all respects bona fide or that the person is not holding as trustee of the judgment debtor.
(2) In case of a levy on the equitable interest of a judgment debtor, the judgment creditor, may, before the sale on execution, institute proceedings under this chapter to ascertain and determine the rights and equities of the judgment debtor in the property levied on. Where no such proceedings are instituted prior to the sale on execution, they must be instituted within 1 year thereafter.
(3) Where it appears that the judgment debtor at a time within 1 year prior to the date of the commencement of the action in which the judgment is entered has had title to or has paid the purchase price of any real or personal property to which at the time of the examination his wife, or a relative or a person on confidential terms with the judgment debtor may claim title or right of possession, the burden of proof shall be upon the judgment debtor, or person claiming title or right of possession, to establish that the transfer or gift from him was not made for the purpose of delaying, hindering, and defrauding creditors.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1973, Act 96, Imd. Eff. Aug. 8, 1973
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-61 - Chapter 61 Proceedings Supplementary to Judgment (600.6101...600.6143) › Section 600.6134 - Fraudulent Transfers.

600.6134 Fraudulent transfers.
Sec. 6134.
For the purposes of this chapter a person is deemed to be indebted to the judgment debtor, although any debt in question has been assigned, charged or encumbered by the judgment debtor, if the assignment, charge or encumbrance is fraudulent as against creditors or is otherwise voidable.
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) › 236-1961-61 - Chapter 61 Proceedings Supplementary to Judgment (600.6101...600.6143) › Section 600.6137 - Payment by Debtor of Judgment Debtor.

600.6137 Payment by debtor of judgment debtor.
Sec. 6137.
Any person indebted to a judgment debtor may pay to the clerk of the court the amount of his debt, or so much thereof as is necessary to satisfy the judgment and costs. The receipt of the clerk is a discharge of the indebtedness of such person to the judgment debtor to the extent of the amount so paid. The clerk shall apply such amount to the satisfaction of the judgment and costs, and any surplus shall be paid to the judgment debtor.
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) › 236-1961-61 - Chapter 61 Proceedings Supplementary to Judgment (600.6101...600.6143) › Section 600.6140 - Orders Affecting Alienability of Land; Recording.

600.6140 Orders affecting alienability of land; recording.
Sec. 6140.
Any order under this chapter which affects or may limit the alienability of real property, or a certified copy thereof, may be filed for record in the office of the register of deeds of the county in which such real property is situated together with a description of the real property involved. The register of deeds shall record such notice as if filed under Chapter 27 and it shall have the same effect.
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) › 236-1961-61 - Chapter 61 Proceedings Supplementary to Judgment (600.6101...600.6143) › Section 600.6143 - Scope of Chapter.

600.6143 Scope of chapter.
Sec. 6143.
This chapter is in addition to and does not affect enforcement of judgments or proceedings supplementary thereto, by any other methods now or hereafter provided 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) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6201 - Order Permitting Payment of Judgment in Installments; Showing.

600.6201 Order permitting payment of judgment in installments; showing.
Sec. 6201.
(1) The judge of any court having civil jurisdiction at the time of the rendition of a judgment, upon proper showing made by the defendant with both parties or their attorneys present in court, may make a written order permitting the defendant to pay the judgment in installments, at such times and in such amounts as in the opinion of the judge, the defendant is able to pay.
(2) Any judge may make a written order permitting the defendant to pay any judgment previously rendered in or transcribed to his court in installments, upon compliance by the defendant with the provisions of this chapter and the rules of court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6205 - Payment of Judgment in Installments; Notice; Petition; Affidavit; Garnishment.

600.6205 Payment of judgment in installments; notice; petition; affidavit; garnishment.
Sec. 6205.
(1) At any time after the rendition of a judgment or the filing of a transcript of a judgment the defendant may file a petition with the clerk of the court in which the judgment was rendered, or transcript filed, requesting the clerk to issue a notice, directed to the plaintiff personally, or if plaintiff's action was filed by an agent or attorney or acted upon by an agent or attorney either at the time of the rendition of the judgment, or after, as shown by the court files in the cause, the notice may be directed to the plaintiff with the name of the agent or attorney designated, and served on the agent or attorney of record and have the same force and effect as a notice served on the plaintiff personally.
(2) The notice shall notify the plaintiff that on a certain day and time to be therein specified, the defendant will move the court for an order permitting the payment of the judgment in installments.
(3) The petition of the defendant shall be supported by the affidavit of the moving party setting forth his inability to pay the judgment with funds other than those earned by him as wages, and setting forth the name and address of his employer, the amount of the wages and the date of payment thereof.
(4) A garnishment shall not issue on the judgment after the filing of the petition herein mentioned excepting upon the written order of the judge or justice.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6211 - Judgment; Payment by Installments; Service of Notice; Hearing; Garnishment.

600.6211 Judgment; payment by installments; service of notice; hearing; garnishment.
Sec. 6211.
(1) Such notice shall be served at least 4 days before the date set for hearing the motion, by placing the same in the United States mail in an envelope properly stamped and addressed to the plaintiff, his agent or attorney.
(2) Unless the motion is heard and ruled upon within 14 days from the time of filing the petition, subsection (4) of section 6205 shall not apply unless otherwise ordered by the court.
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) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6215 - Cross-Examination; Order to Pay; Stay of Garnishment.

600.6215 Cross-examination; order to pay; stay of garnishment.
Sec. 6215.
(1) On the date set for the hearing, the plaintiff may cross-examine the moving party as to the facts set forth in the motion, and the judge may then enter an order requiring the defendant to pay to the clerk of the court or to the plaintiff direct, a certain sum of money weekly, biweekly, or monthly, to apply on the judgment.
(2) The order shall stay the issuance of any writ of garnishment for work and labor during the period that the defendant complies with the order. The order shall not stay garnishment if the defendant fails to comply with its terms.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6221 - Altering Amounts and Times of Installment Payments.

600.6221 Altering amounts and times of installment payments.
Sec. 6221.
The judge may, on motion of either party, following due notice to the other, alter the amounts and times of payment of the installments from time to time when he may deem it advisable and fair.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6225 - Force and Effect of Agreement for Payment of Judgment in Installments.

600.6225 Force and effect of agreement for payment of judgment in installments.
Sec. 6225.
A written agreement for the payment of a judgment in installments, signed by the parties, their attorneys, or authorized agents of record in the judgment file in their behalf, and filed with the clerk of the court, shall have the same force and effect as an order made by the judge.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6231 - Garnishment Without Order Prohibited and Void; Notice of Order.

600.6231 Garnishment without order prohibited and void; notice of order.
Sec. 6231.
The garnishment of any money due or to become due for the personal work and labor of the defendant upon a judgment made payable in installments either by the court order or agreement of parties is prohibited, excepting upon the written order of the judge. Any writ of garnishment issued without the order is void. The order may be made following due notice to the defendant if installments are due.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6235 - Judgment; Payment by Installments; Statute of Limitations.

600.6235 Judgment; payment by installments; statute of limitations.
Sec. 6235.
The statute of limitations shall not run against a judgment during the time it is payable in installments as provided in this chapter.
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) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6241 - Execution of Powers and Duties.

600.6241 Execution of powers and duties.
Sec. 6241.
In any court having more than 1 judge, all powers granted and duties imposed by this chapter may be executed in accordance with the rules of said court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6245 - Judgment; Payment by Installments; Collection of Judgment; Other Methods.

600.6245 Judgment; payment by installments; collection of judgment; other methods.
Sec. 6245.
Nothing contained in this chapter shall be construed to prohibit and shall not prohibit a plaintiff from taking any legal means for the collection of a judgment excepting the garnishment of money due or to become due the defendant for the personal work and labor of the said defendant.
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) › 236-1961-62 - Chapter 62 Installment Judgments (600.6201...600.6251) › Section 600.6251 - Judgment; Payment by Installments; Record; Affidavit for Transcript; Contents.

600.6251 Judgment; payment by installments; record; affidavit for transcript; contents.
Sec. 6251.
Every proceeding instituted by a judgment debtor pursuant to this chapter shall appear upon and as part of the record of the judgment. No transcript of such judgment shall issue out of the court pending the hearing upon any motion instituted under this chapter. Every affidavit for a transcript of any judgment rendered by the court shall contain an averment by the affiant either that a stay order has issued and is in effect, or, that no proceeding under this chapter has been instituted upon the judgment, or, if a proceeding has been instituted, that a stay order was finally denied after a hearing pursuant to the provisions of this chapter, or, if a stay order has issued, that the order was vacated under the provisions of this chapter.
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) › 236-1961-63 - Chapter 63 (600.6301...600.6312) › Section 600.6301 - Definitions.

600.6301 Definitions.
Sec. 6301.
As used in this chapter:
(a) "Future damages" means damages arising from personal injury which the trier of fact finds will accrue after the damage findings are made and includes damages for medical treatment, care and custody, loss of earnings, loss of earning capacity, loss of bodily function, and pain and suffering.
(b) "Personal injury" means bodily harm, sickness, disease, death, or emotional harm resulting from bodily harm.
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) › 236-1961-63 - Chapter 63 (600.6301...600.6312) › Section 600.6305 - Verdict or Judgment; Specific Findings; Basis of Calculation of Future Damages.

600.6305 Verdict or judgment; specific findings; basis of calculation of future damages.
Sec. 6305.
(1) Any verdict or judgment rendered by a trier of fact in a personal injury action subject to this chapter shall include specific findings of the following:
(a) Any past economic and noneconomic damages.
(b) Any future damages and the periods over which they will accrue, on an annual basis, for each of the following types of future damages:
(i) Medical and other costs of health care.
(ii) Lost wages or earnings or lost earning capacity and other economic loss.
(iii) Noneconomic loss.
(2) The calculation of future damages for types of future damages described in subsection (1)(b) shall be based on the costs and losses during the period of time the plaintiff will sustain those costs and losses. In the event of death, the calculation of future damages shall be based on the losses during the period of time the plaintiff would have lived but for the injury upon which the claim is based.
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) › 236-1961-63 - Chapter 63 (600.6301...600.6312) › Section 600.6311 - Certain Provisions Inapplicable to Plaintiff 60 Years of Age or Older.

600.6311 Certain provisions inapplicable to plaintiff 60 years of age or older.
Sec. 6311.
Sections 6306(1)(c), (d), and (e), 6307, and 6309 do not apply to a plaintiff who is 60 years of age or older at the time of judgment.
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) › 236-1961-63 - Chapter 63 (600.6301...600.6312) › Section 600.6312 - Joint and Several Liability.

600.6312 Joint and several liability.
Sec. 6312.
A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable if the defendant's act or omission is any of the following:
(a) A crime, an element of which is gross negligence, for which the defendant is convicted.
(b) A crime, an element of which is the use of alcohol or a controlled substance, for which the defendant is convicted and that is a violation of 1 or more of the following:
(i) Conduct that violated former section 14 of the explosives act of 1970, 1970 PA 202.
(ii) Section 111 of the Michigan code of military justice of 1980, 1980 PA 523, MCL 32.1111.
(iii) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(iv) Section 185 of the Aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.185.
(v) Section 80176, 81134, or 82127 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, 324.81134, and 324.82127.
(vi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL 462.353.
(vii) Section 237 of the Michigan penal code, 1931 PA 328, MCL 750.237.
History:
Add. 1995, Act 249, Eff. Mar. 28, 1996 ;-- Am. 2018, Act 28, Eff. May 22, 2018
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6401 - Court of Claims; Short Title.

600.6401 Court of claims; short title.
Sec. 6401.
This chapter shall be known and may be cited as "the court of claims act".
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6416 - Court of Claims; Representation of State by Attorney General or Assistants.

600.6416 Court of claims; representation of state by attorney general or assistants.
Sec. 6416.
The attorney general, or his assistants, shall appear for and represent the interests of the state in all matters before the court.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6419a - Repealed. 2013, Act 164, Imd. Eff. Nov. 12, 2013.

600.6419a Repealed. 2013, Act 164, Imd. Eff. Nov. 12, 2013.
Compiler's Notes:
The repealed section pertained to court of claims concurrent jurisdiction of any demand for equitable and declaratory relief ancillary to claim filed pursuant to MCL 600.605.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6420 - Delegation of Authority for Claim by State Employee of $500.00 or Less; Certification of Loss or Damage.

600.6420 Delegation of authority for claim by state employee of $500.00 or less; certification of loss or damage.
Sec. 6420.
The state administrative board may delegate the authority vested in it by section 6419(1) for any claim of $500.00 or less for damage or loss of personal property by a claimant who is an employee of the state, to the head of the department in which the claimant was employed. Payment of the claim shall be made upon the written certificate of the department head that the loss or damage occurred in the course of the claimant's employment, without fault on the part of the claimant and that the claimant has not otherwise been reimbursed for the loss.
History:
Add. 1971, Act 163, Imd. Eff. Nov. 24, 1971 ;-- Am. 1984, Act 212, Imd. Eff. July 9, 1984
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6422 - Court of Claims; Practice and Procedure; Fees.

600.6422 Court of claims; practice and procedure; fees.
Sec. 6422.
(1) Practice and procedure in the court of claims shall be in accordance with the statutes and court rules prescribing the practice in the circuit courts of this state, except as otherwise provided in this section.
(2) The supreme court may adopt special rules for the court of claims.
(3) All fees in the court of claims shall be at the rate established by statute or court rule for actions in the circuit courts of this state and shall be paid to the clerk of the court of claims.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2013, Act 164, Imd. Eff. Nov. 12, 2013
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6425 - Court of Claims; Depositions.

600.6425 Court of claims; depositions.
Sec. 6425.
The statutes and rules governing the taking of depositions in suits in the circuit courts of this state shall govern in the court of claims, except that it is not sufficient that the witness resides more than 50 miles from the place of holding court to enable the deposition to be used for any purpose.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6428 - Court of Claims; Witnesses; Power to Compel Attendance.

600.6428 Court of claims; witnesses; power to compel attendance.
Sec. 6428.
The court of claims is hereby given the same power to subpoena witnesses and require the production of books, papers, records, documents and any other evidence and to punish for contempt as the circuit courts of this state now have or may hereafter have. The judge and clerk of said court may administer oaths and affirmations, and take acknowledgments of instruments in writing.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6431 - Court of Claims; Notice of Intention to File Claim; Requirements; Time; Verification; Copies; Applicability to Claims for Compensation Under the Wrongful Imprisonment Compensation Act.

600.6431 Court of claims; notice of intention to file claim; requirements; time; verification; copies; applicability to claims for compensation under the wrongful imprisonment compensation act.
Sec. 6431.
(1) Except as otherwise provided in this section, a claim may not be maintained against this state unless the claimant, within 1 year after the claim has accrued, files in the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim against this state or any of its departments, commissions, boards, institutions, arms, or agencies.
(2) A claim or notice under subsection (1) must contain all of the following:
(a) A statement of the time when and the place where the claim arose.
(b) A detailed statement of the nature of the claim and of the items of damage alleged or claimed to have been sustained.
(c) A designation of any department, commission, board, institution, arm, or agency of the state involved in connection with the claim.
(d) A signature and verification by the claimant before an officer authorized to administer oaths.
(3) A claimant shall furnish copies of a claim or notice filed under subsection (1) to the clerk at the time of filing for transmittal to the attorney general and to each of the departments, commissions, boards, institutions, arms, or agencies of this state designated in the claim or notice.
(4) For a claim against this state for property damage or personal injuries, the claimant shall file the claim or notice under subsection (1) with the clerk of the court of claims within 6 months after the event that gives rise to the claim.
(5) This section does not apply to a claim for compensation under the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2020, Act 42, Imd. Eff. Mar. 3, 2020
Compiler's Notes:
Enacting section 1 of Act 42 of 2020 provides:"Enacting section 1. Section 6431 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6431, as amended by this amendatory act, applies retroactively to March 29, 2017."
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6434 - Pleadings; Verification and Service of Complaint; Copies.

600.6434 Pleadings; verification and service of complaint; copies.
Sec. 6434.
(1) Except as provided in this section, the pleadings shall conform to the rules for pleadings in the circuit courts.
(2) The complaint shall be verified. The pleadings of the state need not be verified.
(3) The complaint shall be served upon any department, commission, board, institution, arm, or agency of the state involved in the litigation, in the same manner as a complaint filed in the circuit court.
(4) With each paper, including the original complaint filed by the claimant, 1 copy of each shall be furnished to the clerk who shall immediately transmit the copy to the attorney general.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1984, Act 212, Imd. Eff. July 9, 1984
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6437 - Court of Claims; Judgment on Stipulated Facts.

600.6437 Court of claims; judgment on stipulated facts.
Sec. 6437.
The court may order entry of judgment against the state or any of its departments, commissions, boards, institutions, arms or agencies based upon facts as stipulated by counsel after taking such proofs in support thereof as may be necessary to satisfy the court as to the accuracy of such facts and upon being satisfied that such judgment is in accordance with applicable 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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6440 - Court of Claims; Remedy in Federal Court as Bar to Jurisdiction.

600.6440 Court of claims; remedy in federal court as bar to jurisdiction.
Sec. 6440.
No claimant may be permitted to file claim in said court against the state nor any department, commission, board, institution, arm or agency thereof who has an adequate remedy upon his claim in the federal courts, but it is not necessary in the complaint filed to allege that claimant has no such adequate remedy, but that fact may be put in issue by the answer or motion filed by the state or the department, commission, board, institution, arm or agency thereof.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6443 - Court of Claims; Trial by Court Without Jury; New Trial.

600.6443 Court of claims; trial by court without jury; new trial.
Sec. 6443.
The case shall be heard by the judge without a jury. The court may grant a new trial upon the same terms and under the same conditions and for the same reasons as prevail in the case of the circuit courts of this state, in a case at law without a jury.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6446 - Appeals to Court of Appeals; Procedure; Notice of Entry of Final Order or Judgment; Time for Appeal as of Right.

600.6446 Appeals to court of appeals; procedure; notice of entry of final order or judgment; time for appeal as of right.
Sec. 6446.
(1) Appeals shall lie from the court of claims to the court of appeals in all respects as if the court of claims was a circuit court.
(2) The procedure for the taking of appeals to the court of appeals from the court of claims shall be governed by the statutes and court rules governing the taking of appeals from a circuit court to the court of appeals in a case at law, without a jury.
(3) The clerk of the court of claims shall immediately furnish the parties to every action with a notice of entry of any final order or judgment, and the time within which an appeal as of right may be taken shall be governed by the Michigan court rules.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1984, Act 212, Imd. Eff. July 9, 1984
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6449 - Costs; Security for Costs on Appeal.

600.6449 Costs; security for costs on appeal.
Sec. 6449.
(1) If the state shall put in issue the right of claimant to recover, the court may allow costs to the prevailing party from the time of the joining of the issue. The costs, however, shall include only witness fees and officers' fees for service of subpoenas actually paid, and attorney fees in the same amount as is provided for trial of cases in circuit court.
(2) Costs upon an appeal to the court of appeals shall be allowed in like amounts and for the same items as in a case appealed to the court of appeals from the circuit court.
(3) In the case of costs allowed against a claimant, judgment shall be entered thereon and writs of execution or garnishment may issue as from the circuit court.
(4) In the event of an appeal to the court of appeals by a claimant the judge may, upon motion by the attorney general, require security for costs from the claimant in connection with such an appeal.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1984, Act 212, Imd. Eff. July 9, 1984
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6452 - Court of Claims; Filing of Claim; Time; Limitation of Actions; Right of Attorney General to Petition for Administration of Estate or Appoint Guardian of Minor or Disabled; Applicability to Claims for Compensation Under the Wrongful Imprisonment Compensation Act.

600.6452 Court of claims; filing of claim; time; limitation of actions; right of attorney general to petition for administration of estate or appoint guardian of minor or disabled; applicability to claims for compensation under the wrongful imprisonment compensation act.
Sec. 6452.
(1) Every claim against this state, cognizable by the court of claims, is forever barred unless the claim is filed with the clerk of the court or an action is commenced on the claim in federal court as authorized in section 6440, within 3 years after the claim first accrues.
(2) Except as modified by this section, chapter 58, relative to the limitation of actions, also applies to the limitation under this section.
(3) The attorney general has the same right as a creditor under the statutes of this state to petition for the appointment of a personal representative of the estate of a deceased person.
(4) The attorney general has the same right as a superintendent of the poor under the statutes of this state to petition for the appointment of a guardian of the estate of a minor or any other individual under a disability.
(5) This section does not apply to a claim for compensation under the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2020, Act 44, Imd. Eff. Mar. 3, 2020
Compiler's Notes:
Enacting section 1 of Act 44 of 2020 provides:"Enacting section 1. Section 6452 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6452, as amended by this amendatory act, applies retroactively to March 29, 2017."
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6458 - Court of Claims; Judgment Against State; Payment.

600.6458 Court of claims; judgment against state; payment.
Sec. 6458.
(1) In rendering any judgment against the state, or any department, commission, board, institution, arm, or agency, the court shall determine and specify in that judgment the department, commission, board, institution, arm, or agency from whose appropriation that judgment shall be paid.
(2) Upon any judgment against the state or any department, commission, board, institution, arm, or agency becoming final, or upon allowance of any claim by the state administrative board and upon certification by the secretary of the state administrative board to the clerk of the court of claims, the clerk of the court shall certify to the state treasurer the fact that that judgment was entered or that the claim was allowed and the claim shall thereupon be paid from the unencumbered appropriation of the department, commission, board, institution, arm, or agency if the state treasurer determines the unencumbered appropriation is sufficient for the payment. In the event that funds are not available to pay the judgment or allowed claim, the state treasurer shall instruct the clerk of the court of claims to issue a voucher against an appropriation made by the legislature for the payment of judgment claims and allowed claims. In the event that funds are not available to pay the judgment or allowed claim, that fact, together with the name of the claimant, date of judgment, date of allowance of claim by the state administrative board and amount shall be reported to the legislature at its next session, and the judgment or allowed claim shall be paid as soon as money is available for that purpose. The clerk shall not certify any judgment to the state treasurer until the period for appeal from that judgment shall have expired, unless written stipulation between the attorney general and the claimant or his or her attorney, waiving any right of appeal or new trial, is filed with the clerk of the court.
(3) The clerk shall approve vouchers under the direction of the court for the payment of the several judgments rendered by the court. All warrants issued in satisfaction of those judgments shall be transmitted to the clerk for distribution; and all warrants issued in satisfaction of claims allowed by the state administrative board shall be transmitted to the secretary of the state administrative board for distribution.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2002, Act 429, Imd. Eff. June 5, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6461 - Court of Claims; Clerk's Report to Legislature; State Treasurer and Budget Director.

600.6461 Court of claims; clerk's report to legislature; state treasurer and budget director.
Sec. 6461.
(1) At the commencement of each session of the legislature and at such other times during the session as he or she may consider proper, the clerk of the court shall report to the legislature the claims upon which the court has finally acted, with a statement of the judgment rendered in each case.
(2) The clerk shall submit a detailed statement of the amount of each claim allowed by the court to the state treasurer and the budget director.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2002, Act 429, Imd. Eff. June 5, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6464 - Court of Claims; Judgment; Discharge.

600.6464 Court of claims; judgment; discharge.
Sec. 6464.
The payment of any amount due as found by the judgment of the court of claims, including interest and costs, shall operate as a discharge of such judgment.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6467 - Court of Claims; State Agencies to Furnish Information Upon Request.

600.6467 Court of claims; state agencies to furnish information upon request.
Sec. 6467.
The court shall have power to call upon any officer, department, institution, board, arm or agency of the state government for any examination, information or papers pertinent to the issues involved in any case then pending before the court. No state employee shall receive any additional fees or compensation for rendering such services or appearing as a witness before the court upon behalf of the state.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6470 - Court of Claims; Fraud in Connection With Claim; Forfeiture.

600.6470 Court of claims; fraud in connection with claim; forfeiture.
Sec. 6470.
Any person who corruptly practices, or attempts to practice, any fraud against the state of Michigan, in the proof, statement, establishment, or allowance of any claim or of any part of a claim, against the state, shall thereby forfeit the same to the state and it shall be the duty of the court of claims in such case to find specifically that such fraud was practiced, or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the state and that the claimant be forever barred from prosecuting the same.
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) › 236-1961-64 - Chapter 64 Court of Claims (600.6401...600.6475) › Section 600.6475 - Court of Claims; Actions Involving Negligent Operation of Motor Vehicles or Aircraft; Defense of Governmental Function.

600.6475 Court of claims; actions involving negligent operation of motor vehicles or aircraft; defense of governmental function.
Sec. 6475.
In all actions brought in the court of claims against the state to recover damages resulting from the negligent operation by an officer, agent or employee of the state of a motor vehicle or an aircraft, other than a military aircraft, of which the state is owner, the fact that the state, in the ownership or operation of such motor vehicle or aircraft, was engaged in a governmental function shall not be a defense to such action. This act shall not be construed to impose upon the state a liability other or greater than the liability imposed by law upon other owners of motor vehicles or aircraft.
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) › 236-1961-65 - Chapter 65 Courts of Limited Jurisdiction (600.6501...600.6537) › Section 600.6501 - Chapter Applicable to District Court, Municipal Court, and Common Pleas Court of Detroit; Exception.

600.6501 Chapter applicable to district court, municipal court, and common pleas court of Detroit; exception.
Sec. 6501.
The provisions of this chapter apply to the district court, to municipal courts and to the common pleas court of Detroit, except as otherwise provided in statutes and supreme court rules specifically applicable to these courts.
History:
Add. 1974, Act 297, Eff. Apr. 1, 1975