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MI HB4021

MI HB4021
Civil procedure: evictions; pretrial and trial; require pretrial, and allow trial and pretrial to be conducted by magistrate. Amends secs. 5735 & 8511 of 1961 PA 236 (MCL 600.5735 & 600.8511).


summary

Introduced
01/28/2025
In Committee
03/18/2025
Crossed Over
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1961 PA 236, entitled"Revised judicature act of 1961,"by amending sections 5735 and 8511 (MCL 600.5735 and 600.8511), section 5735 as amended by 2004 PA 105 and section 8511 as amended by 2014 PA 124.

AI Summary

This bill amends Michigan's civil procedure laws to modify how eviction proceedings are handled, specifically addressing summons issuance, trial timelines, and magistrate involvement. The bill makes several key changes to existing law, including allowing district court magistrates (who are attorneys) to conduct eviction trials under certain conditions. The bill standardizes and clarifies the timeline for serving summonses in summary proceedings, requiring that they be issued and served within specific timeframes depending on the type of case. A new provision mandates that at the trial noticed by the summons, the court or authorized magistrate must conduct a pretrial hearing where parties are verbally informed of all required Michigan court rule advisements. The bill also maintains strict guidelines about trial scheduling, generally requiring summary proceedings to be heard within 7 days after the defendant's appearance, with limited exceptions for extraordinary circumstances. Additionally, the bill makes some technical corrections to references in existing statutes, such as updating specific section numbers in various legal codes. These changes aim to streamline eviction proceedings and provide more consistent guidance for courts and magistrates handling such cases.

Committee Categories

Justice

Sponsors (7)

Last Action

House Rules (10:30:00 5/15/2025 Room 519, House Office Building) (on 05/15/2025)

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