Act No. 367

Public Acts of 1998

Approved by the Governor

October 20, 1998

Filed with the Secretary of State

October 20, 1998

EFFECTIVE DATE: October 20, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Richner and Callahan

ENROLLED HOUSE BILL No. 5268

AN ACT to amend 1956 PA 5, entitled "An act to establish and promote a uniform system of municipal courts in cities; to consolidate justice courts in cities into a system of municipal courts; to change the name of existing justice courts and justices of the peace in cities to municipal courts and municipal judges; to promote uniformity in practice and procedure in such courts; to prescribe the powers, duties and functions of such courts; and to provide for substitute municipal judges in cities in cases of death, absence, disability or removal of the regularly elected or appointed municipal judges and in cases where temporary judicial assistance is needed in such courts," by amending sections 22 and 30 (MCL 730.522 and 730.530).

The People of the State of Michigan enact:

Sec. 22. (1) In addition to all the general jurisdiction of former justices of the peace, every municipal court affected by this act shall have concurrent jurisdiction in all civil actions when the amount in controversy does not exceed the amount in subsection (2) and in all actions of replevin when the value of the property involved does not exceed the amount in subsection (2). This section applies notwithstanding any jurisdictional limitations contained in any charter or statute under which a municipal court was created and established.

(2) The jurisdictional amount for purposes of this section is $1,500.00, unless the city in which the municipal court is located increases the jurisdictional amount for that municipal court to $3,000.00 by resolution of the city's legislative body. A resolution under this subsection shall be submitted to the state court administrative office, and the increase in the jurisdictional amount shall take effect January 1 of the year immediately following the year in which the resolution is received by the state court administrative office.

Sec. 30. (1) Any municipal court affected by this act may provide for a conciliation division where civil actions in which the debt or damages claimed do not exceed the amount in subsection (2), excepting replevin suits, suits commenced by writ of attachment, and suits commenced by civil warrant, except as hereinafter provided, may be brought and settled in an informal manner. The judges of the municipal court are hereby constituted conciliators of the conciliation division, and shall act as such as part of their official duties. Any municipal judge may authorize any clerk or deputy clerk of the court to act as conciliator in any case.

(2) The jurisdictional amount for purposes of this section is $100.00, unless the city in which the municipal court is located increases the jurisdictional amount for that municipal court to $600.00 by resolution of the city's legislative body. A resolution under this subsection shall be submitted to the state court administrative office, and the increase in the jurisdictional amount shall take effect January 1 of the year immediately following the year in which the resolution is received by the state court administrative office.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.