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) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5515 - Participation of Prisoner in Pretrial or Hearing Proceedings.

600.5515 Participation of prisoner in pretrial or hearing proceedings.
Sec. 5515.
(1) To the extent practicable, in an action brought by a prisoner, pretrial proceedings in which the prisoner's participation is required or permitted shall be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the prison in which the prisoner is confined.
(2) Subject to the agreement of the official of the state or local unit of government with custody over the prisoner, hearings may be conducted at the prison in which the prisoner is confined. To the extent practicable, the court shall allow counsel to participate by telephone, video conference, or other communications technology in a hearing held at the prison.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5517 - Prospective Relief; Conditions; Limitation.

600.5517 Prospective relief; conditions; limitation.
Sec. 5517.
(1) The court shall not grant or approve any prospective relief in a civil action concerning prison conditions unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of the right, and is the least intrusive means necessary to correct the violation of the right. The court shall give substantial weight to any adverse effect on public safety or the operation of the criminal justice system caused by the relief.
(2) A court shall not order prospective relief that requires or permits a government official to exceed his or her authority under state or local law or otherwise violates local law, unless all of the following conditions exist:
(a) State law permits the relief to be ordered in violation of local law.
(b) The relief is necessary to correct the violation of a right under state or local law.
(c) No other relief will correct the violation of the right.
(3) This section does not authorize a court, in exercising its remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the court.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5519 - Preliminary Injunctive Relief.

600.5519 Preliminary injunctive relief.
Sec. 5519.
The court may enter a temporary restraining order or an order for preliminary injunctive relief in a civil action concerning prison conditions to the extent otherwise authorized by law. Preliminary injunctive relief shall be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct that harm. The court shall give substantial weight to any adverse effect on public safety or the operation of the criminal justice system caused by the preliminary relief in tailoring the preliminary relief. Preliminary injunctive relief shall automatically expire 90 days after the preliminary injunctive order is entered, unless the court makes the findings required under section 5517(1) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5521 - Prospective Relief; Termination or Modification.

600.5521 Prospective relief; termination or modification.
Sec. 5521.
(1) Except as provided in sections 5519 and 5523, prospective relief ordered in a civil action concerning prison conditions shall be terminable upon the motion of a party or intervenor as follows:
(a) Two years after the date the court granted or approved the prospective relief.
(b) One year after the date the court entered an order denying termination of prospective relief.
(c) In the case of an order issued on or before the date the amendatory act that added this chapter is enacted into law, 2 years after that date of enactment.
(2) This section does not prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subsection (1).
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5523 - Immediate Termination of Prospective Relief; Court Findings; Limitations.

600.5523 Immediate termination of prospective relief; court findings; limitations.
Sec. 5523.
(1) A defendant or intervenor is entitled to the immediate termination of a prospective relief ordered in a civil action concerning prison conditions if the relief was ordered in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to correct the violation of the state right, and is the least intrusive means necessary to correct the violation of a right under state or local law.
(2) Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current or ongoing violation of the right, extends no further than necessary to correct the violation of the right, and is narrowly drawn and the least intrusive means to correct the violation.
(3) A party shall not seek modification or termination before the relief is terminable under section 5521 to the extent that modification or termination would otherwise be legally permissible.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5525 - Consent Decree.

600.5525 Consent decree.
Sec. 5525.
In a civil action concerning prison conditions, the court shall not enter or approve a consent decree unless it complies with the limitations on relief set forth in sections 5517 and 5519.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5527 - Prospective Relief; Ruling on Motion; Automatic Stay; Postponement of Stay for Good Cause; Appeal.

600.5527 Prospective relief; ruling on motion; automatic stay; postponement of stay for good cause; appeal.
Sec. 5527.
(1) The court shall promptly rule on a motion to modify or terminate prospective relief in a civil action concerning prison conditions.
(2) Any prospective relief subject to a pending motion shall be automatically stayed during 1 of the following periods:
(a) Beginning on the thirtieth day after the motion is filed, in the case of a motion made under section 5521 or 5523, and ending on the date the court enters a final order ruling on the motion.
(b) Beginning on the one hundred eightieth day after the motion is filed, in the case of a motion made under any other law, and ending on the date the court enters a final order ruling on the motion.
(3) The court may postpone the effective date of an automatic stay specified in subsection (2) for good cause for not more than 60 days. As used in this subsection, "good cause" does not include the congestion of the court's calendar.
(4) An order staying, suspending, delaying, or barring the operation of an automatic stay described in subsection (2), other than an order to postpone the effective date of the automatic stay under subsection (3), shall be treated as an order denying the dissolution of or modification of an injunction and may be appealed as of right regardless of how the order is styled or whether the order is termed a preliminary or final ruling.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5529 - Repealed. 2018, Act 54, Eff. June 4, 2018.

600.5529 Repealed. 2018, Act 54, Eff. June 4, 2018.
Compiler's Notes:
The repealed section pertained to actions dismissed as frivolous.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5531 - Definitions.

600.5531 Definitions.
Sec. 5531.
As used in this chapter:
(a) "Civil action concerning prison conditions" means any civil proceeding seeking damages or equitable relief arising with respect to any conditions of confinement or the effects of an act or omission of government officials, employees, or agents in the performance of their duties, but does not include proceedings challenging the fact or duration of confinement in prison, or parole appeals or major misconduct appeals under section 34 or section 55 of 1953 PA 232, MCL 791.234 and 791.255.
(b) "Consent decree" means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements.
(c) "Frivolous" means that term as defined in section 2591 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2591.
(d) "Prison" means a facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of state or local law.
(e) "Prisoner" means a person subject to incarceration, detention, or admission to a prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of state or local law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.
(f) "Private settlement agreement" means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled.
(g) "Prospective relief" means all relief other than monetary damages.
(h) "Relief" means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-56 - Chapter 56 Proceedings to Recover the Possession of Land in Certain Cases (600.5601...600.5679) › Section 600.5601-600.5679 - Repealed. 1972, Act 120, Eff. July 1, 1972.

600.5601-600.5679 Repealed. 1972, Act 120, Eff. July 1, 1972.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5701 - Definitions.

600.5701 Definitions.
Sec. 5701.
As used in this chapter:
(a) "Summary proceedings" means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connection therewith.
(b) "Premises" includes lands, tenements, condominium property, cooperative apartments, air rights and all manner of real property. It includes structures fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage.
(c) "Lease" includes a written or verbal lease or license agreement for use or possession of premises.
(d) "District" means the judicial districts provided for in chapter 81.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5704 - Jurisdiction.

600.5704 Jurisdiction.
Sec. 5704.
The district court, municipal courts and the common pleas court of Detroit have jurisdiction over summary proceedings to recover possession of premises under this chapter.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5708 - Rules.

600.5708 Rules.
Sec. 5708.
Except as otherwise provided in this chapter, the procedure in summary proceedings shall be regulated by rules adopted by the supreme court and by local court rules not inconsistent therewith.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5711 - Entry.

600.5711 Entry.
Sec. 5711.
(1) A person shall not make any entry into or upon premises unless the entry is permitted by law.
(2) Subject to subsection (3), if entry is permitted by law, the person shall not enter with force but only in a peaceable manner.
(3) If the occupant took possession of the premises by means of a forcible entry, holds possession of the premises by force, or came into possession of the premises by trespass without color of title or other possessory interest, the owner, lessor, or licensor or an agent thereof may enter the premises and subsection (2) does not apply to the entry. However, any forcible entry shall not include conduct proscribed by chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2014, Act 223, Eff. Sept. 24, 2014 ;-- Am. 2023, Act 202, Eff. Feb. 13, 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) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5716 - Demand for Possession or Payment; Form and Contents.

600.5716 Demand for possession or payment; form and contents.
Sec. 5716.
A demand for possession or payment shall be in writing, addressed to the person in possession and shall give the address or other brief description of the premises. The reasons for the demand and the time to take remedial action shall be clearly stated. When nonpayment of rent or other sums due under the lease is claimed, the amount due at the time of the demand shall be stated. The demand shall be dated and signed by the person entitled to possession, his attorney or agent.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5718 - Demand for Possession or Payment; Service; Definitions.

600.5718 Demand for possession or payment; service; definitions.
Sec. 5718.
(1) The demand provided for in section 5716 may be served by any of the following means:
(a) Personal delivery to the person in possession.
(b) Personal delivery on the premises to a member of the family or household or an employee of the person in possession, who is of suitable age and discretion, with a request that it be delivered to the person in possession.
(c) First-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.
(d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.
(2) The electronic service address used by a party in the process under subsection (1)(d) shall be considered to remain that party's correct, functioning electronic service address, unless the process under subsection (1)(d) is repeated using a different electronic service address for that party or unless that party notifies the other in writing that that party no longer has an electronic service address. A landlord shall not refuse to enter a lease because the prospective tenant declines to consent to electronic service under this section.
(3) As used in this section:
(a) "Document" means a digital image of a record originally produced on paper or originally created by an electronic means, the output of which is readable by sight and can be printed to paper.
(b) "Electronic notification" means the notification to a person that a document is served by sending an electronic message to the electronic service address at or through which the person has authorized electronic service, specifying the exact name of the document served or providing a hyperlink at which the served document can be viewed and downloaded, or both.
(c) "Electronic service" means service of a document on a person by either electronic transmission or electronic notification.
(d) "Electronic service address" of a person means the electronic address at or through which the person has authorized electronic service.
(e) "Electronic transmission" means the transmission of a document by electronic means to the electronic service address at or through which a person has authorized electronic service.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2015, Act 36, Eff. Aug. 19, 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) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5726 - Recovery of Possession Following Forfeiture of Executory Contract for Purchase of Premises; Accelerated Indebtedness.

600.5726 Recovery of possession following forfeiture of executory contract for purchase of premises; accelerated indebtedness.
Sec. 5726.
A person entitled to any premises may recover possession thereof by a proceeding under this chapter after forfeiture of an executory contract for the purchase of the premises but only if the terms of the contract expressly provide for termination or forfeiture, or give the vendor the right to declare a forfeiture, in consequence of the nonpayment of any moneys required to be paid under the contract or any other material breach of the contract. For purposes of this chapter, moneys required to be paid under the contract shall not include any accelerated indebtedness by reason of breach of the contract.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5728 - Prerequisites to Recovery of Possession Under MCL 600.5726; Contents of Notice of Forfeiture.

600.5728 Prerequisites to recovery of possession under MCL 600.5726; contents of notice of forfeiture.
Sec. 5728.
(1) Possession may be recovered under section 5726 only after the vendee or person holding possession under him has been served with a written notice of forfeiture and has failed in the required time to pay moneys required to be paid under the contract or to cure any other material breach of the contract. Unless the parties have agreed in writing to a longer time, the person served with a notice of forfeiture shall have 15 days thereafter before he is required to pay moneys required to be paid under the contract and cure other material breaches of the contract or to deliver possession of the premises.
(2) The notice of forfeiture shall state the names of the parties to the contract and the date of its execution, give the address or legal description of the premises, specify the unpaid amount of moneys required to be paid under the contract and the dates on which payments thereof were due, specify any other material breaches of the contract and shall declare forfeiture of the contract effective in 15 days, or specified longer time, after service of the notice, unless the money required to be paid under the contract is paid and any other material breaches of the contract are cured within that time. The notice shall be dated and signed by the person entitled to possession, his attorney or agent.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5730 - Service of Notice of Forfeiture.

600.5730 Service of notice of forfeiture.
Sec. 5730.
The notice of forfeiture provided for in section 5728 may be served by delivering it personally to the vendee or person holding possession under him or by delivering it on the premises to a member of his family or household or an employee, of suitable age and discretion, with a request that it be delivered to the vendee or person holding possession under him, or by sending it by first-class mail addressed to the last known address of the vendee or the person holding under him. If the notice is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed. If notice cannot be served by 1 of these methods, it may be served by publication under the provisions of Act No. 235 of the Public Acts of 1929, being sections 554.301 and 554.302 of the Compiled Laws of 1948 and the date of the third publication is the date of service.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5732 - Powers of Court Having Jurisdiction Over Summary Proceedings.

600.5732 Powers of court having jurisdiction over summary proceedings.
Sec. 5732.
Pursuant to applicable court rules, a court having jurisdiction over summary proceedings may provide for pleadings and motions, issue process and subpoenas, compel the attendance and testimony of witnesses, enter and set aside defaults and default judgments, allow amendments to pleadings, process, motions and orders, order adjournments and continuances, make and enforce all other writs and orders and do all other things necessary to hear and determine summary proceedings.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5735 - Summons; Hearing.

600.5735 Summons; hearing.
Sec. 5735.
(1) The court in which a summary proceeding is commenced shall issue a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons shall command the defendant to appear for trial in accordance with the provisions of subsection (2) unless by local court rule the provisions of subsection (4) have been made applicable.
(2) A summons issued under this section shall command the defendant to appear for trial as follows:
(a) Within 30 days of the issuance date of the summons in proceedings under section 5726, in which event the summons shall be served not less than 10 days before the date set for trial.
(b) Within 10 days of the issuance date of the summons in all other proceedings, in which event the summons shall be served not less than 3 days before the date set for trial.
(3) If a summons issued under this section is not served within the time provided by subsection (2), additional summons shall be issued at the plaintiff's request in the same manner and with the same effect as the original summons.
(4) Instead of the provisions of subsection (2), a court by local rule may provide for the application of this subsection to summary proceedings commenced in the court, in which event the summons shall command the defendant to appear as follows:
(a) Within 10 days after service of the summons upon the defendant in proceedings under section 5726.
(b) Within 5 days after service of the summons upon the defendant in all other proceedings.
(5) A summons issued under subsection (4) remains in effect until served or quashed or until the action is dismissed, but additional summons as needed for service may be issued at any time at the plaintiff's request.
(6) Except as otherwise provided by court rule, a summary proceeding shall be heard within 7 days after the defendant's appearance or trial date and shall not be adjourned beyond that time other than by stipulation of the parties either in writing or on the record.
(7) An action to which section 5714(1)(b) applies shall be heard at the time of the defendant's appearance or trial date and shall not be adjourned beyond that time except for extraordinary reasons.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2001, Act 162, Imd. Eff. Nov. 7, 2001 ;-- Am. 2004, Act 105, Eff. Sept. 1, 2004
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5738 - Jury Trial.

600.5738 Jury trial.
Sec. 5738.
Any party to summary proceedings may demand a trial by jury within the time and manner provided by court rule. Procedures for selecting, impaneling and otherwise governing jurors in such proceedings shall be the same as for a trial by jury in other civil actions in the same court.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5739 - Joinder of Claims and Counterclaims for Money Judgment; Separate Disposition of Claim for Possession; Damages for Labor Expended by Either Landlord or Tenant.

600.5739 Joinder of claims and counterclaims for money judgment; separate disposition of claim for possession; damages for labor expended by either landlord or tenant.
Sec. 5739.
(1) Except as provided by court rules, a party to summary proceedings may join claims and counterclaims for money judgment for damages attributable to wrongful entry, detainer, or possession, for breach of the lease or contract under which the premises were held, or for waste or malicious destruction to the premises. The court may order separate summary disposition of the claim for possession, without prejudice to any other claims or counterclaims. A claim or counterclaim for money judgment shall not exceed the amount in controversy that otherwise limits the jurisdiction of the court.
(2) If the court awards damages for physical injury to the premises under subsection (1) by making an award for or based on the cost of repairs, the court shall award damages for labor expended by a landlord or property manager in repairing the premises in the same manner as it would if the repairs were performed by a third party. A landlord's or property manager's labor under this subsection shall be compensated at a rate the court determines to be reasonable based on usual and customary charges for the repairs.
(3) If the court determines that the landlord breached the lease or contract under which the premises were held by failing to repair the premises and awards damages under subsection (1) by making an award for or based on the cost of repairs, the court shall award damages for labor expended by the tenant in repairing the premises in the same manner as it would if the repairs were performed by a third party. A tenant's labor under this subsection shall be compensated at a rate the court determines to be reasonable based on usual and customary charges for the repairs.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2006, Act 147, Eff. July 1, 2006
Compiler's Notes:
Enacting section 1 of Act 147 of 2006 provides:"Enacting section 1. This amendatory act applies to an action filed after the effective date of this amendatory act."
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5741 - Entry and Enforcement of Judgment for Possession; Determination of Amount Due; Award of Costs.

600.5741 Entry and enforcement of judgment for possession; determination of amount due; award of costs.
Sec. 5741.
If the jury or the judge finds that the plaintiff is entitled to possession of the premises, or any part thereof, judgment may be entered in accordance with the finding and may be enforced by a writ of restitution as provided in this chapter. If it is found that the plaintiff is entitled to possession of the premises, in consequence of the nonpayment of any money due under a tenancy, or the nonpayment of moneys required to be paid under an executory contract for purchase of the premises, the jury or judge making the finding shall determine the amount due or in arrears at the time of trial which amount shall be stated in the judgment for possession. In determining the amount due under a tenancy the jury or judge shall deduct any portion of the rent which the jury or judge finds to be excused by the plaintiff's breach of the lease or by his breach of 1 or more statutory covenants imposed by section 39 of chapter 66 of the Revised Statutes of 1846, as added, being section 554.139 of the Compiled Laws of 1948. The statement in the judgment for possession shall be only for the purpose of prescribing the amount which, together with taxed costs, shall be paid to preclude issuance of the writ of restitution. The judgment may include an award of costs, enforceable in the same manner as other civil judgments for money in the same court.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5747 - Judgment for Defendant for Costs.

600.5747 Judgment for defendant for costs.
Sec. 5747.
If the plaintiff fails to prosecute his complaint, or if upon trial or motion the plaintiff is found not entitled to possession of the premises, judgment shall be rendered for the defendant for his costs, which shall be taxed and collected in the same manner as other civil judgments for money in the same court.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5750 - Summary Proceedings Not Exclusive of Other Remedies; Merging or Barring of Claims; Damages.

600.5750 Summary proceedings not exclusive of other remedies; merging or barring of claims; damages.
Sec. 5750.
The remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory. A judgment for possession under this chapter does not merge or bar any other claim for relief, except that a judgment for possession after forfeiture of an executory contract for the purchase of premises shall merge and bar any claim for money payments due or in arrears under the contract at the time of trial and that a judgment for possession after forfeiture of such an executory contract which results in the issuance of a writ of restitution shall also bar any claim for money payments which would have become due under the contract subsequent to the time of issuance of the writ. The plaintiff obtaining a judgment for possession of any premises under this chapter is entitled to a civil action against the defendant for damages from the time of forcible entry or detainer, or trespass, or of the notice of forfeiture, notice to quit or demand for possession, as the case may be.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5753 - Appeal.

600.5753 Appeal.
Sec. 5753.
Any party aggrieved by the determination or judgment of the court under this chapter may appeal to the circuit court of the same county. The appeal shall be made in the same manner as an appeal in other civil actions from the same court, with bond and procedure as provided by court rules.
History:
Add. 1972, Act 120, Eff. July 1, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5756 - Filing Fees; Disposition.

600.5756 Filing fees; disposition.
Sec. 5756.
(1) If the complaint is for the recovery of possession of premises only, the fee for filing a proceeding under this chapter is $45.00.
(2) If a claim for a money judgment is joined with a claim for the recovery of possession of premises, the plaintiff shall pay a supplemental filing fee in the same amount as established by law for the filing of a claim for a money judgment in the same court.
(3) Of each filing fee collected under this section, at the end of each month, the clerk of the district court shall transmit $17.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $17.00 shall be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created by section 171.
(4) At the end of each month, the clerk of the district court shall transmit each supplemental filing fee collected under this section in the same manner as a fee under section 8371 for the filing of a claim for money judgment for the same amount is transmitted.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 1982, Act 511, Eff. Jan. 1, 1983 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1988, Act 310, Eff. Jan. 1, 1989 ;-- Am. 1992, Act 233, Eff. Mar. 31, 1993 ;-- Am. 1992, Act 292, Imd. Eff. Dec. 18, 1992 ;-- Am. 1993, Act 189, Eff. Oct. 8, 1993 ;-- Am. 2003, Act 138, Eff. Oct. 1, 2003 ;-- Am. 2003, Act 178, Eff. Oct. 1, 2003 ;-- Am. 2005, Act 151, Imd. Eff. Sept. 30, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5757 - Fee for Certain Writs and for Judgment Debtor Discovery Subpoena.

600.5757 Fee for certain writs and for judgment debtor discovery subpoena.
Sec. 5757.
A fee of $15.00 shall be charged for each writ of restitution, garnishment, attachment, or execution and for each judgment debtor discovery subpoena issued.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1993, Act 189, Eff. Oct. 8, 1993
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57 - Chapter 57 Summary Proceedings to Recover Possession of Premises (600.5701...600.5759) › Section 600.5759 - Costs.

600.5759 Costs.
Sec. 5759.
(1) In proceedings under this chapter, costs may be allowed in the same amounts as are provided by law in other civil actions in the same court, except that the costs provided by section 2441 shall not apply. The court may also allow as taxable costs an amount not exceeding the following:
(a) For a motion that results in dismissal or judgment, $75.00.
(b) For a judgment taken by default or consent, $75.00.
(c) For the trial of a claim for possession only, $150.00.
(d) For the trial of a claim for a money judgment only, $150.00.
(e) For a trial including both a claim for possession and a claim for a money judgment, $150.00.
(2) In determining taxable costs in tenancy cases, the judge shall take into consideration whether the jury or judge found that a portion of the rent allegedly due to the plaintiff was excused by reason of the plaintiff's breach of the lease or breach of his or her statutory covenants.
History:
Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2004, Act 31, Eff. July 1, 2004
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5771 - Definitions.

600.5771 Definitions.
Sec. 5771.
As used in this chapter:
(a) "Mobile home" means a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.
(b) "Mobile home park" means a mobile home park as defined in section 2 of Act No. 96 of the Public Acts of 1987, but does not include a seasonal mobile home park as defined in section 2 of Act No. 96 of the Public Acts of 1987.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5773 - Termination of Tenancies in Mobile Home Parks; Jurisdiction; Venue.

600.5773 Termination of tenancies in mobile home parks; jurisdiction; venue.
Sec. 5773.
(1) The district court has jurisdiction under this chapter over proceedings for termination of tenancies in mobile home parks.
(2) Section 5706 shall govern the venue of proceedings under this chapter.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5777 - In-Person Conference With Owner or Operator of Mobile Home Park.

600.5777 In-person conference with owner or operator of mobile home park.
Sec. 5777.
Within 10 days of service of a demand for possession of premises for just cause, a tenant in a mobile home park shall have the right to request, by certified or registered mail to the owner or operator of the mobile home park at the address set forth in the demand, an in-person conference with the owner or operator of the mobile home park or representative of the owner or operator. If timely requested, the conference shall be held at the mobile home park and at a time and date established by the owner or operator but not later than 20 days after the tenant's request. The tenant may be accompanied by counsel at the conference. Nothing in this section shall affect the owner's or operator's right to commence summary proceedings pursuant to the demand for possession.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5779 - Payment of Rent and Other Charges During Pendency of Action.

600.5779 Payment of rent and other charges during pendency of action.
Sec. 5779.
In every action to terminate a tenancy in a mobile home park for just cause, the tenant shall continue to pay all rent and other charges to the owner or operator when due following the demand for possession of the premises and during the pendency of the action, and the owner or operator may accept all such payments of rent and other charges without prejudice to the action to evict the tenant for just cause. If such a payment is not timely paid, the owner or operator may proceed under section 5714(1)(a) without prejudice to the maintenance of the just cause termination action.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5781 - Sale of Mobile Home on Site; Conditions.

600.5781 Sale of mobile home on site; conditions.
Sec. 5781.
If a tenancy in a mobile home park is terminated for just cause, the tenant may sell his or her mobile home on-site, as provided in sections 28(1)(h) and 28a of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being sections 125.2328 and 125.2328a of the Michigan Compiled Laws, subject to all of the following conditions:
(a) The tenant shall sell or move the mobile home within 90 days after the date of the judgment of possession, except that the time period shall be extended to 90 days after the mobile home park owner or operator denies tenancy to a person making a bona fide offer to purchase the mobile home within the 90-day period or any proper extension of the time period under this subdivision.
(b) The tenant shall timely pay all rent and other charges for the mobile home site during the 90-day period or any proper extension of the time period under subdivision (a). Failure to timely pay all rent or other charges shall entitle the owner or operator to seek an immediate writ of restitution. As used in this subdivision, "rent and other charges" does not include liquidated damages awarded under section 5785.
(c) Upon the expiration of 10 days after the date of the judgment of possession, the owner or operator may disconnect all mobile home park-supplied utility services.
(d) Within 10 days after the date of the judgment of possession, the tenant shall provide the owner or operator with proof that the mobile home has been properly winterized by a licensed mobile home installer and repairer. Failure to timely provide the proof of winterization shall entitle the owner or operator to seek an immediate writ of restitution.
(e) The tenant shall continue to maintain the mobile home and mobile home site in accordance with the rules and regulations of the mobile home park.
(f) The mobile home park shall provide the tenant with reasonable access to the mobile home and the mobile home site for the purpose of maintaining the mobile home and mobile home site and selling the mobile home.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5783 - Judgment for Possession; Right of Tenant to Sell Mobile Home on Site; Conditions.

600.5783 Judgment for possession; right of tenant to sell mobile home on site; conditions.
Sec. 5783.
Every judgment for possession resulting from an action to terminate a tenancy in a mobile home park for just cause shall set forth the right of a tenant to sell a mobile home on site, the conditions of that right, and the consequences of a tenant's failure to meet those conditions, all as prescribed in section 5781.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-57A - Chapter 57a (600.5771...600.5785) › Section 600.5785 - Contested Action to Terminate Tenancy; Liquidated Damages.

600.5785 Contested action to terminate tenancy; liquidated damages.
Sec. 5785.
In every contested action to terminate a tenancy in a mobile home park for just cause, the court shall award liquidated damages to the prevailing party if a provision requiring liquidated damages is included in the lease or rental agreement governing the tenancy or rules or regulations adopted pursuant to the lease or rental agreement, as prescribed in section 28c of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2328c of the Michigan Compiled Laws. The liquidated damages shall not be construed to be a penalty.
History:
Add. 1988, Act 336, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-58 - Chapter 58 Limitation of Actions (600.5801...600.5869) › Section 600.5801 - Limitation on Actions; Time Periods; Defendant Claiming Title Under Deed, Court-Ordered Sale, Tax Deed, or Will; Other Cases.

600.5801 Limitation on actions; time periods; defendant claiming title under deed, court-ordered sale, tax deed, or will; other cases.
Sec. 5801.
No person may bring or maintain any action for the recovery or possession of any lands or make any entry upon any lands unless, after the claim or right to make the entry first accrued to himself or to someone through whom he claims, he commences the action or makes the entry within the periods of time prescribed by this section.
(1) When the defendant claims title to the land in question by or through some deed made upon the sale of the premises by an executor, administrator, guardian, or testamentary trustee; or by a sheriff or other proper ministerial officer under the order, judgment, process, or decree of a court or legal tribunal of competent jurisdiction within this state, or by a sheriff upon a mortgage foreclosure sale the period of limitation is 5 years.
(2) When the defendant claims title under some deed made by an officer of this state or of the United States who is authorized to make deeds upon the sale of lands for taxes assessed and levied within this state the period of limitation is 10 years.
(3) When the defendant claims title through a devise in any will, the period of limitation is 15 years after the probate of the will in this state.
(4) In all other cases under this section, the period of limitation is 15 years.
History:
1961, Act 236, Eff. Jan. 1, 1963