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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1947 - Notice of Pendency of Action; Publication.

600.1947 Notice of pendency of action; publication.
Sec. 1947.
The defendant may be notified of the pendency of the action and his obligation thereto by:
(1) publishing a copy of the order in a newspaper at least once each week for 4 consecutive weeks or for such further time as the court may require, and
(2) mailing on or before the date of the second publication a copy of the order to the defendant at his address which the plaintiff knows or should by diligent inquiry be expected to know. When the address of any defendant is not known and cannot be ascertained upon diligent inquiry, a copy of the order shall be mailed to the defendant at his last known address. If the plaintiff does not know, and cannot ascertain, upon diligent inquiry, the present or last known address of the defendant, mailing a copy of the order is not required.
Publication is not necessary if a copy of the order has been served upon the defendant in person or by registered mail at least 20 days before the time prescribed for the answer of such defendant, and in case of service by registered mail an official return receipt signed by the defendant is attached to the affidavit of service.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1950 - Repealed. 2022, Act 74, Imd. Eff. May 12, 2022.

600.1950 Repealed. 2022, Act 74, Imd. Eff. May 12, 2022.
Compiler's Notes:
The repealed section defined the term newspaper.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1951 - Mailing of Service; Manner.

600.1951 Mailing of service; manner.
Sec. 1951.
Mailing under section 1947 shall be accomplished by complying with the following:
(1) Enclosing a copy of the order as above described in a sealed envelope with first class postage fully prepaid addressed to the defendant at the address hereinbefore required, on which envelope there is listed a return address to which it can be returned in case delivery cannot be made.
(2) Depositing the envelope and contents in the United States government mail.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1955 - Substituted Service; Proof.

600.1955 Substituted service; proof.
Sec. 1955.
Service of process made pursuant to sections 1940 to 1960 shall be proved as follows:
(1) If made by publication, by an affidavit of the publisher or his agent
(a) stating facts establishing the qualification of the newspaper in which the order was published,
(b) setting out a copy of the published order,
(c) stating the dates on which it was published.
(2) If made by mailing, by an affidavit of 1 or more persons who are not parties to the litigation
(a) setting out a copy of the order mailed,
(b) stating facts to establish that such order was sealed in an envelope addressed to the defendant, setting out the name of the defendant and the address to which it was sent,
(c) stating facts to establish where and when the envelope was deposited in the United States government mail,
(d) stating the amount of postage placed on the envelope and that this was sufficient as required by postal regulations to permit first class passage of the envelope,
(e) stating the facts to establish the return address on the envelope.
(3) Whenever mailing is not required under section 1947, an affidavit by the plaintiff or his attorney or the agent of either having knowledge of the facts shall be filed within 10 days after the date of the second publication of a copy of the order. The affidavit shall set forth facts justifying the failure to mail and shall include a showing of diligent inquiry. The person to whom an envelope, mailed under section 1947, is returned shall report to the court by affidavit the fact of the return together with the returned envelope.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1960 - Substituted Service; Jurisdiction on Defendant's Interest.

600.1960 Substituted service; jurisdiction on defendant's interest.
Sec. 1960.
Service of process pursuant to sections 1940 to 1960 does not give personal jurisdiction over the person of the defendant but is a reasonable means of notice to the defendant to subject the appropriate interest of the defendant in the matters described in chapter 7 of this act to the jurisdiction of 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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1965 - Pleader; Service of Papers; Default; Effect.

600.1965 Pleader; service of papers; default; effect.
Sec. 1965.
(1) Unless otherwise specifically provided by this act, any party who has filed a pleading or motion shall be served with every written paper subsequently filed in the action, including a default if one has been entered against him.
(2) After a default has been served, further service of such papers need not be made upon the party against whom the default has been taken, except that
(a) further service upon him shall be made if he has filed an appearance or a demand therefor in writing, and
(b) subsequent pleadings asserting new and additional claims for relief against him shall be served in the same manner provided for service of summons and complaint.
(3) Whenever an attorney appears in behalf of a person who has not received a copy of the complaint, a copy of the complaint shall be delivered to him on his request.
(4) All papers filed on behalf of any defendant shall be served on all other defendants who are not in default.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1968 - Service of Papers; Attorneys; Contempt.

600.1968 Service of papers; attorneys; contempt.
Sec. 1968.
(1) Except for the original service of the complaint and summons, service required or permitted to be made upon a party represented by an attorney shall be made upon the attorney, unless service upon the party is ordered by the court.
(2) If 2 or more attorneys represent the same party or parties, service of papers upon any one of such attorneys is sufficient. If 1 attorney appears for several parties, he is entitled to only 1 copy of any paper served upon him.
(3) Whenever a party prosecutes or defends his action in person, service of papers shall be made upon him in the manner provided in section 1970.
(4) When proceedings for contempt for disobeying any order of the court are initiated, the notice or order shall be personally delivered to such party, unless otherwise specially 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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1970 - Service of Papers; Delivery to Attorney; Party; Mailing.

600.1970 Service of papers; delivery to attorney; party; mailing.
Sec. 1970.
Service upon the attorney shall be made by delivering a copy to him or by mailing a copy to him at his last known business address or, if he has no business address, then to his last known residence address. Service upon a party shall be made by delivering a copy to him or by mailing a copy to him at his address as stated in his pleadings.
(1) Delivery of a copy to an attorney means:
(a) handing it to the attorney personally; or
(b) leaving it at his office with his clerk or with some person in charge or, if no one is in charge or present, by leaving it in some conspicuous place therein; or
(c) if the office is closed or the attorney has no office, by leaving it at his usual place of abode with some person of suitable age and discretion residing therein.
(2) Delivery of a copy to a party means:
(a) handing it to the party personally; or
(b) leaving it at his usual place of abode with some person of suitable age and discretion residing therein.
(3) Mailing of a copy means enclosing it in a sealed envelope with first class postage fully prepaid addressed to the person to be served and depositing the envelope and its contents in the United States government mail. Service by mailing is complete upon mailing.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1971 - Service of Papers; Proof of Service; Filing.

600.1971 Service of papers; proof of service; filing.
Sec. 1971.
Except as otherwise provided by sections 1912 to 1960, proof of service of all papers required or permitted to be served may be by written acknowledgment of service, by affidavit of the person making service, or by any other proof satisfactory to the court. Proof of such service shall be filed at or prior to the time of hearing.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1972 - Service of Papers; Inability to Make; Direction of Court.

600.1972 Service of papers; inability to make; direction of court.
Sec. 1972.
Whenever service of papers subsequent to the original complaint cannot reasonably be made because of lack of an attorney of record or the inability to find a party or for any other reason, the court in which the action is pending, for cause shown on ex parte application, may direct in what manner and upon whom service may be made.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1973 - Service of Papers; Numerous Parties.

600.1973 Service of papers; numerous parties.
Sec. 1973.
In any action in which there are unusually large numbers of parties on the same side, the court upon motion or of its own initiative may order that service of their pleadings and replies thereto need not be made as between them, and that any cross claim, counterclaim, or matter constituting an avoidance or affirmative defense in such pleadings shall be deemed to be denied or avoided by the parties not served, and that the filing of any such pleading and service thereof upon an adverse party constitutes due notice of it to all parties. A copy of every such order shall be served upon all parties in such manner and form as the court directs.
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) › 236-1961-19 - Chapter 19 Commencement of Action and Service of Process (600.1901...600.1974) › Section 600.1974 - Filing With Court; Definition.

600.1974 Filing with court; definition.
Sec. 1974.
The filing of pleadings and other papers with the court shall be made by filing them with the office of the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk of 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) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1985 - Definitions.

600.1985 Definitions.
Sec. 1985.
As used in this chapter:
(a) "Authorized court" means a court accepted by the state court administrative office under section 1991 for access to the electronic filing system.
(b) "Automated payment" means an electronic payment method authorized by the state court administrative office at the direction of the supreme court, including, but not limited to, payments made with credit and debit cards.
(c) "Civil action" means an action that is not a criminal case, a civil infraction action, a proceeding commenced in the probate court under section 3982 of the estates and protected individuals code, 1988 PA 386, MCL 700.3982, or a proceeding involving a juvenile under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
(d) "Clerk" means the clerk of the court referenced in the rules of the supreme court and includes the clerk of the supreme court, chief clerk of the court of appeals, county clerk, probate register, district court clerk, or clerk of the court of claims where the civil action is commenced, as applicable.
(e) "Court funding unit" means 1 of the following, as applicable:
(i) For circuit or probate court, the county.
(ii) For district court, the district funding unit as that term is defined in section 8104.
(iii) For the supreme court, court of appeals, or court of claims, the state.
(f) "Electronic filing system" means a system authorized after the effective date of the amendatory act that added this chapter by the supreme court for the electronic filing of documents using a portal contracted for by the state court administrative office for the filing of documents in the supreme court, court of appeals, circuit court, probate court, district court, and court of claims.
(g) "Electronic filing system fee" means the fee described in section 1986.
(h) "Party" means the person or entity commencing a civil action.
(i) "Qualified vendor" means a private vendor selected by the state court administrative office by a competitive bidding process to effectuate the purpose of section 1991(3).
History:
Add. 2015, Act 230, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1986 - Electronic Filing System Fee; Collection; Waiver; Governmental Entity as Party; Automated Payment Service Fee.

600.1986 Electronic filing system fee; collection; waiver; governmental entity as party; automated payment service fee.
Sec. 1986.
(1) Beginning March 1, 2016, if a fee for commencing a civil action is authorized or required by law, in addition to that fee, the clerk shall also collect an electronic filing system fee, subject to section 1993, as follows:
(a) For civil actions filed in the supreme court, court of appeals, circuit court, probate court, and court of claims, $25.00.
(b) Except as provided in subdivisions (c) and (d), for civil actions filed in the district court, including actions filed for summary proceedings, $10.00.
(c) For civil actions filed in district court if a claim for money damages is joined with a claim for relief other than money damages, $20.00.
(d) For civil actions filed in the small claims division of district court, $5.00.
(2) Subject to section 1991, the clerk shall collect the electronic filing system fee listed under subsection (1) from the party at the time the civil action is commenced, whether or not the document commencing the civil action was filed electronically.
(3) If the court waives payment of a fee for commencing a civil action because the court determines that the party is indigent or unable to pay the fee, the court shall also waive payment of the electronic filing system fee.
(4) A party that is a governmental entity is not required to pay an electronic filing system fee.
(5) The clerk may accept automated payment of any fee being paid to the court. If the bank or other electronic commerce business charges the court or court funding unit a merchant transaction fee, the clerk may charge the person paying the fee an additional automated payment service fee as authorized by the state court administrative office. The amount of the automated payment service fee shall not exceed the actual merchant transaction fee to be charged to the court or court funding unit for accepting an automated payment by a bank or other electronic commerce business, or 3% of the automated payment, whichever is less.
History:
Add. 2015, Act 231, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1987 - Electronic Filing System Fee; Other Fee.

600.1987 Electronic filing system fee; other fee.
Sec. 1987.
(1) Except for an automated payment service fee collected under section 1986(5), and except as provided in subsection (2), the electronic filing system fee authorized under this chapter is the only fee that may be charged to or collected in a civil action specifically for electronic filing.
(2) If, pursuant to a supreme court order, a court or court funding unit is collecting a fee for electronic filing other than the electronic filing system fee on September 30, 2015, the court or court funding unit may continue to collect $2.50 for filing or service or $5.00 for filing and service, in addition to the electronic system filing fee until December 31, 2017.
History:
Add. 2015, Act 231, Eff. Jan. 1, 2016 ;-- Am. 2016, Act 519, Imd. Eff. Jan. 9, 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) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1988 - Fee; Limitation.

600.1988 Fee; limitation.
Sec. 1988.
A court or court funding unit shall not charge a fee to retrieve and inspect a document on site, including a document that was filed electronically, but may charge a fee to copy a document.
History:
Add. 2015, Act 235, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1989 - Electronic Filing System Fee; Deposit Into Judicial Electronic Filing Fund; Use.

600.1989 Electronic filing system fee; deposit into judicial electronic filing fund; use.
Sec. 1989.
An electronic filing system fee collected shall be remitted by the clerk to the state treasurer for deposit into the judicial electronic filing fund created under section 176 and shall be used to establish an electronic filing system and supporting technology as provided in this chapter.
History:
Add. 2015, Act 232, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1990 - Electronic Filing System Fee as Recoverable Taxable Cost.

600.1990 Electronic filing system fee as recoverable taxable cost.
Sec. 1990.
Any electronic filing system fee paid by a party is a recoverable taxable cost.
History:
Add. 2015, Act 233, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1991 - Application by Court for Access to and Use of Electronic Filing System; Acceptance by Supreme Court; Use of Money From Judicial Electronic Filing Fund; Selection of Qualified Vendor.

600.1991 Application by court for access to and use of electronic filing system; acceptance by supreme court; use of money from judicial electronic filing fund; selection of qualified vendor.
Sec. 1991.
(1) A court may apply to the supreme court for access to and use of the electronic filing system.
(2) If the supreme court accepts a court under subsection (1), the state court administrative office shall use money from the judicial electronic filing fund established under section 176 to pay the costs of technological improvements necessary for that court to operate electronic filing.
(3) The supreme court may select a qualified vendor for the electronic filing system.
History:
Add. 2015, Act 233, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1992 - Filing of Electric Document Not Required.

600.1992 Filing of electric document not required.
Sec. 1992.
Nothing in this chapter shall be construed to require a person to file a document electronically. A court or court funding unit shall not require or permit a person to file a document electronically except as directed by the supreme court.
History:
Add. 2015, Act 233, Eff. Jan. 1, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-19A - Chapter 19a Electronic Access to Courts (600.1985...600.1993) › Section 600.1993 - Electronic Filing System Fee; Collection; Limitation.

600.1993 Electronic filing system fee; collection; limitation.
Sec. 1993.
A clerk shall not collect an electronic filing system fee under section 1986(1) after February 28, 2031.
History:
Add. 2015, Act 233, Eff. Jan. 1, 2016 ;-- Am. 2019, Act 40, Imd. Eff. June 26, 2019
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2001 - Married Women; Actions by and Against.

600.2001 Married women; actions by and against.
Sec. 2001.
Actions may be brought by and against a married woman as if she were unmarried.
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) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2005 - Married Women; Tort; Action Against Both Spouses.

600.2005 Married women; tort; action against both spouses.
Sec. 2005.
No suit may be brought against husband and wife, jointly, or against the husband alone, for any tort of the wife, unless such tort was committed under such circumstances as to render them both liable.
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) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2011 - Indians; Judicial Rights and Privileges.

600.2011 Indians; judicial rights and privileges.
Sec. 2011.
All Indians are capable of suing and being sued in any of the courts of this state in like manner and with the same effect as other inhabitants thereof, and are entitled to the same judicial rights and privileges.
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) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2021 - Foreign Corporations; Actions Based on Forbidden Acts; Exceptions.

600.2021 Foreign corporations; actions based on forbidden acts; exceptions.
Sec. 2021.
(1) If a law of this state prohibits a corporation or an association of individuals from performing an act unless the act is expressly authorized by law, and the act is done by a foreign corporation, the foreign corporation shall not maintain an action based on that act, or upon any liability or obligation, express or implied, arising out of or made or entered into in consideration of that act.
(2) Subsection (1) does not apply to a foreign corporation subject to the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098, or the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2002, Act 438, Imd. Eff. June 11, 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) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2031 - Counties; Actions by or Against.

600.2031 Counties; actions by or against.
Sec. 2031.
Whenever any controversy or cause of action exists between any of the counties of this state, or between any county and any individual or individuals, such proceedings may be had for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment therein shall have the like effect, as in other suits or proceedings between individuals and corporations.
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) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2041 - Real Party in Interest; Actions on Official or Personal Bonds; Taxpayer's Suit.

600.2041 Real party in interest; actions on official or personal bonds; taxpayer's suit.
Sec. 2041.
Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action was brought, and further
(1) an action upon the bond of any public officer required to give bond to the people of this state may be brought in the name of the person to whom the right thereon accrues; and
(2) an action upon any bond, contract, or undertaking lawfully made with an officer of this state or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, public body, or political subdivision, may be brought in the name of the state or any such unit for whose benefit the contract was made; and
(3) an action to prevent the illegal expenditure of state funds or to test the constitutionality of a statute relating thereto may be brought in the name of a domestic nonprofit corporation organized for civic, protective, or improvement purposes, or in the names of at least 5 residents of this state who own property assessed for direct taxation by the county wherein they reside.
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) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2045 - Guardian Ad Litem for Unborn Persons.

600.2045 Guardian ad litem for unborn persons.
Sec. 2045.
(1) If in an action or proceeding, other than in probate court, it appears that a person not in being may become entitled to a property interest, real or personal, legal or equitable, involved in or affected by the action or proceeding, and the interest of the unborn person is not or cannot otherwise properly be represented and protected, the court, upon its own motion, or upon the motion of any party, may appoint a suitable person to appear and act as guardian ad litem of the unborn person. The guardian ad litem is authorized to engage counsel and do whatever is necessary to defend and protect the interest of the unborn person. A judgment or order made after the appointment shall be conclusive upon the unborn person for whom a guardian was appointed.
(2) The guardian ad litem may be removed by the court which appointed him, without notice, when it appears to the court to be for the best interests of the ward. The guardian ad litem may be allowed reasonable compensation by the court appointing him, to be paid and taxed as a cost of the proceedings as directed by the court.
History:
Add. 1968, Act 292, Eff. Nov. 15, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-20 - Chapter 20 Parties (600.2001...600.2051) › Section 600.2051 - Capacity to Sue or Be Sued; Assumed Name; Partnerships; Unincorporated Voluntary Associations; Corporations; State; Governmental Units; Officers.

600.2051 Capacity to sue or be sued; assumed name; partnerships; unincorporated voluntary associations; corporations; state; governmental units; officers.
Sec. 2051.
(1) Any natural person may sue or be sued in his own name. A person conducting a business under a name subject to certification pursuant to the assumed name statute may be sued in such name in an action arising out of the conduct of such business.
(2) A partnership, partnership association, or any unincorporated voluntary association having a distinguishing name may sue or be sued in its partnership or association name, or in the names of any of its members designated as such or both.
(3) A corporation, either domestic or foreign, may sue or be sued in its corporate name, except as otherwise provided by statute.
(4) Actions to which this state or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, public body, or political subdivision is a party may be brought by or against such party in its own name, or in the official capacity of an officer authorized to sue or be sued in its behalf, except that an officer of the state or any such unit shall be sued in his official capacity for the purpose of enforcing the performance by him of an official duty. Whenever any officer sues or is sued in his official capacity, he may be described as a party by his official title and not by name, subject to the discretion of the court, upon its own motion or that of any party, to require his name to be added.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2101 - Cases Tried Without Jury; Objections to Testimony or Evidence; Exclusion of Testimony From Record; Taking of Excluded Testimony; Return of Excluded Testimony to Court of Appeals or Supreme Court.

600.2101 Cases tried without jury; objections to testimony or evidence; exclusion of testimony from record; taking of excluded testimony; return of excluded testimony to court of appeals or supreme court.
Sec. 2101.
In all cases tried without a jury, the court shall rule upon all objections to the competency, relevancy, or materiality of testimony, or evidence offered; and in all cases where the court is of the opinion that any testimony offered is incompetent, irrelevant, or immaterial, the same shall be excluded from the record. If the testimony so offered and excluded is brief, the court may in its discretion permit the same to be taken down by the reporter or recorder separate and apart from the testimony received in the case; and in case of appeal, the excluded testimony may be returned to the appellate court under the certificate of the trial court. If the excluded testimony is not taken and returned to the court of appeals or supreme court on appeal, and upon the hearing of the appeal, the court of appeals or supreme court shall be of the opinion that the testimony is competent and material, it may order that the testimony be taken by deposition or under a reference, and returned to the court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2102 - Affidavit Taken in Other State or Country; Authentication.

600.2102 Affidavit taken in other state or country; authentication.
Sec. 2102.
If by law the affidavit of a person residing in another state of the United States or in a foreign country is required or may be received in an action or judicial proceeding in this state, to entitle the affidavit to be read, it must be authenticated under section 25a of the Michigan law on notarial acts, 2003 PA 238, MCL 55.285a, or be an unsworn declaration executed under chapter 21A.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2012, Act 361, Eff. Apr. 1, 2013 ;-- Am. 2018, Act 362, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2103 - Judicial Records of Other States or Countries; Use as Evidence; Authentication.

600.2103 Judicial records of other states or countries; use as evidence; authentication.
Sec. 2103.
The records and judicial proceedings of any court in the several states and territories of the United States and of any foreign country shall be admitted in evidence in the courts of this state upon being authenticated by the attestation of the clerk of such court with the seal of such court annexed, or of the officer in whose custody such records are legally kept with the seal of his office annexed.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2104 - Judicial Records of Foreign Countries; Copies as Evidence.

600.2104 Judicial records of foreign countries; copies as evidence.
Sec. 2104.
Copies of such records and proceedings in the courts of a foreign country, may also be admitted in evidence upon due proof:
(1) That the copy offered has been compared by the witness with the original, and is an exact copy of the whole of such original;
(2) That such original was in the custody of the clerk of the court or other officer legally having charge of the same; and
(3) That such copy is duly attested by a seal, which shall be proved to be the seal of the court in which such record or proceeding shall be.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2105 - Judicial Records of Foreign Countries; Proof by Common Law Methods.

600.2105 Judicial records of foreign countries; proof by common law methods.
Sec. 2105.
Sections 2103 and 2104 shall not prevent the proof of any record or judicial proceedings of the courts of any foreign country, according to the rules of the common law, in any other manner than that herein directed.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2106 - Court Order, Judgment, or Decree of Court of Record; Certified Copy as Evidence.

600.2106 Court order, judgment, or decree of court of record; certified copy as evidence.
Sec. 2106.
A copy of any order, judgment or decree, of any court of record in this state, duly authenticated by the certificate of the judge, clerk or register of such court, under the seal thereof, shall be admissible in evidence in any court in this state, and shall be prima facie evidence of the jurisdiction of said court over the parties to such proceedings and of all facts recited therein, and of the regularity of all proceedings prior to, and including the making of such order, judgment or decree.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2107 - Public Records; Certified Transcript as Evidence.

600.2107 Public records; certified transcript as evidence.
Sec. 2107.
Copies of all papers, records, entries and documents, required or permitted by law to be filed by any public officer in his office, or to be entered or recorded therein and duly filed, entered or recorded according to law, certified by such officer to be a true transcript compared by him with the original in his office, shall be evidence in all courts and proceedings, in like manner as the original would be if produced.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2108 - Secretary of State; Certificate of Nonexistence of Record.

600.2108 Secretary of state; certificate of nonexistence of record.
Sec. 2108.
Whenever the secretary of state charged with the legal custody of any paper, document or record shall certify that he has made diligent examination in his office for such paper, document or record and no such paper, document or record exists, such certificate shall be prima facie evidence of the facts so certified, in all causes, matters and proceedings in the same manner and with the like effect as if such officer had personally testified to the same in the court, or before the officer before whom such cause, matter or proceeding may be pending.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2109 - Recorded Conveyance and Instruments; Certified Copies.

600.2109 Recorded conveyance and instruments; certified copies.
Sec. 2109.
All conveyances and other instruments authorized by law to be filed or recorded, and which shall be acknowledged or proved according to law, and if the same shall have been filed or recorded, the record, or a transcript of the record, or a copy of the instrument on file certified by the officer in whose office the same may have been filed or recorded, may be read in evidence in any court within this state without further proof thereof; but the effect of such evidence may be rebutted by other competent testimony.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2110 - Recorded Conveyances and Instruments; Record in County Other Than Situs; Certified Copies.

600.2110 Recorded conveyances and instruments; record in county other than situs; certified copies.
Sec. 2110.
The record of deeds or other instruments affecting the title to lands in this state heretofore recorded in counties in any state other than the county in which the lands described therein are located, or a certified copy thereof, shall be deemed prima facie evidence of the execution and delivery of such instrument, and as such shall be received in all courts in this state, and such certified copy may be recorded in the county in which such land is situated, with like effect as the original deed or other instrument.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2111 - Certificate of Lost Paper as Evidence of Loss.

600.2111 Certificate of lost paper as evidence of loss.
Sec. 2111.
Whenever any officer to whom the legal custody of any paper, document or record shall belong, shall certify that he has made diligent examination in his office for such paper, document or record, and that it cannot be found, such certificate shall be presumptive evidence of the facts so certified, in all causes, matters and proceedings in the same manner and with the like effect as if such officer had personally testified to the same in the court, or before the officer before whom such cause, matter or proceeding may be pending.
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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2112 - Certificates of Justices of the Peace of Other States as Evidence.

600.2112 Certificates of justices of the peace of other states as evidence.
Sec. 2112.
The official certificate of any justice of the peace within any other state of the United States, of the proceedings and judgment in any case before him as such justice, with the certificate of the clerk of any court of record in the county or district in which such justice has executed his office, attested by his official seal, setting forth that the signature to the certificate of the justice is genuine, and that he was such justice at the date of such proceedings and judgment, shall be sufficient evidence of such proceedings and 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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2113 - Constitution, Laws, and Resolutions; Official Publication as Evidence.

600.2113 Constitution, laws, and resolutions; official publication as evidence.
Sec. 2113.
The printed copies of the constitution, laws and resolutions of this state, whether of a public or private nature, which shall be published under the authority of the government, shall be admitted as sufficient evidence thereof in all courts, and in all proceedings within this 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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2114 - Repealed. 1967, Act 178, Eff. Nov. 2, 1967.

600.2114 Repealed. 1967, Act 178, Eff. Nov. 2, 1967.
Compiler's Notes:
The repealed section stated conditions under which printed copies of constitution, laws, and resolutions of any other of the United States, of territory thereof, or of any foreign state were admissible as prima facie evidence thereof and authorized Michigan courts to take judicial notice of them.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2114a - Issues of Foreign Law; Notice; Evidence; Duties of Court; Review on Appeal.

600.2114a Issues of foreign law; notice; evidence; duties of court; review on appeal.
Sec. 2114a.
A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this state shall give notice in his pleadings or other reasonable written notice. In determining the law of any jurisdiction or governmental unit thereof outside this state, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence. The court, not jury, shall determine the law of any governmental unit outside this state. Its determination is subject to review on appeal as a ruling on a question of law.
History:
Add. 1967, Act 178, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2115 - Repealed. 1967, Act 178, Eff. Nov. 2, 1967.

600.2115 Repealed. 1967, Act 178, Eff. Nov. 2, 1967.
Compiler's Notes:
The repealed section stated conditions under which printed books or pamphlets would be admissible as prima facie evidence of session or other statutes of any of the United States, of territories thereof or of any foreign jurisdiction.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2116 - Laws, Bylaws, Regulations, Resolutions, and Ordinances of City, Village, or Township as Evidence.

600.2116 Laws, bylaws, regulations, resolutions, and ordinances of city, village, or township as evidence.
Sec. 2116.
All laws, bylaws, regulations, resolutions, and ordinances of the common council or of the board of trustees of an incorporated city or village or the township board of a township in this state may be read in evidence in all courts and in all proceedings before any officer, body, or board in which it is necessary to refer thereto, from a record thereof, kept by the clerk or recorder of the city, village, or township; or from a printed copy thereof, purporting to have been published by authority of the common council, board of trustees, or township board, in a newspaper published in such city, village, or township; or from any volume of ordinances, codification, or compilation of ordinances purporting to have been printed by authority of the common council or board of trustees of such city, village, or township; and the record, certified copy, volume, codification, or compilation shall be prima facie evidence of the existence and validity of such laws, regulations, resolutions, and ordinances, without proof of the enactment, publishing, or any other thing concerning the same.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1973, Act 140, Imd. Eff. Nov. 13, 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) › 236-1961-21 - Chapter 21 Evidence (600.2101...600.2169) › Section 600.2117 - Device by Way of Seal as Evidence of Seal.

600.2117 Device by way of seal as evidence of seal.
Sec. 2117.
Any device affixed to any deed or instrument in writing by way of seal, by any person signing the same, executed since the thirty-first day of December, 1827, or hereafter to be executed, shall be received in all courts, and upon all occasions as evidence that the same deed or instrument was duly sealed, and equally valid and effectual, as if the same had been actually sealed; but this section shall not apply to official and corporate seals, in cases where, according to law, an actual sealing may be required.
History:
1961, Act 236, Eff. Jan. 1, 1963