HOUSE BILL No. 4174


     February 13, 2001, Introduced by Reps. Koetje and Ruth Johnson and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 5735 (MCL 600.5735).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 5735.  (1) The court in which the proceeding is com-

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      menced shall issue a summons, which may be served on the

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      defendant by any officer or person authorized to serve process of

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      the court.  The summons shall command the defendant to appear for

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      trial in accordance with the provisions of subsection (2) unless

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      by local court rule the provisions of subsection (4) have been

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      made applicable.

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           (2) The summons shall command the defendant to appear for

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      trial as follows:






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           (a) Within  15  30 days in proceedings under section 5726,

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      in which event the summons shall be served not less than 10 days

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      before the date set for trial.

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           (b) Within 10 days in all other proceedings, in which event

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      the summons shall be served not less than 3 days before the date

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      set for trial.

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           (3) If a summons is not served within the time provided by

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      subsection (2), additional summons shall be issued at plaintiff's

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      request in the same manner and with the same effect as the origi-

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      nal summons.

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           (4) In lieu of the provisions of subsection (2), the court

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      by local rule may provide for the application of this subsection,

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      in which event the summons shall command the defendant to make

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      appearance as follows:

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           (a) Within 10 days after service of the summons upon the

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      defendant, in proceedings under section 5726.

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           (b) Within 5 days after service of the summons upon the

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      defendant in all other proceedings.

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           (5) A summons issued under subsection (4) remains in effect

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      until served or quashed, or until the action is dismissed, but

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      additional summons as needed for service may be issued at any

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      time at plaintiff's request.

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           (6) Except as otherwise provided by court rule, the proceed-

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      ing shall be heard within 7 days after the defendant's appearance

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      or trial date and shall not be adjourned beyond that time other

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      than by stipulation of the parties either in writing or on the

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      record.



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