HB-4078,As Passed House,Apr 8, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4078

                                                                             A bill to amend 1961 PA 236, entitled                                             

"Revised judicature act of 1961,"                                           

by amending section 8251 (MCL 600.8251), as amended by 1994 PA              

5.                                                                          

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 8251.  (1) In districts of the first class, the court                  

2   shall sit at each county seat.  and In districts of the first              

3   class consisting of 1 county having a population of 130,000 or              

4   more, the court shall also sit at each city having a population             

5   of  3,250 6,500 or more, except the court  shall is not  be

6   required to sit at any city  if it that is contiguous to the               

7   county seat or is contiguous to a city having a greater                     

8   population.  The court shall also sit at other places as the                

9   judges of the district determine.  The court shall sit not less             

10  than once each week in each county of a multicounty district.               

1       (2) In districts of the second class, the court shall sit at                

2   any county seat within the district, and at each city and                   

3   incorporated village within the district having a population of             

4   3,250 or more, except that if 2 or more cities or incorporated              

5   villages are contiguous the court need sit only in the city                 

6   having the greater population.  The court  shall is not  be

7   required to sit in any political subdivision if the governing               

8   body of that subdivision by resolution and the court agree that             

9   the court shall not sit in the political subdivision.  If the               

10  district does not contain a county seat and does not contain any            

11  city or incorporated village having a population of 3,250 or                

12  more, the court shall sit at a place or places within the                   

13  district as the judges of the district determine.  In addition to           

14  the place or places where the court is required to sit, the court           

15  may upon agreement of a majority of the judges of the district              

16  and upon approval by resolution of the board of commissioners               

17  also sit at the county seat of its district control unit situated           

18  outside the district, but the court shall sit not less than once            

19  each week within the district.  If the district does not contain            

20  any city,  then  the foregoing provisions of this subsection do             

21  not apply to the district, and the court shall sit at the county            

22  seat of its district control unit situated outside the district.            

23  In addition to the place or places where the court is required to           

24  sit pursuant to the provisions of this subsection, the court may            

25  sit at a place or places within the district as the judges of the           

26  district determine.  If the court sits at a county seat situated            

27  outside the district pursuant to this subsection, it  shall                 

1   exercise has the same powers, jurisdiction, and venue as if                

2   sitting within the district.                                                

3       (3) In districts of the third class, the court shall sit at                 

4   each city having a population of 3,250 or more and within each              

5   township having a population of 12,000 or more and at other                 

6   places as the judges of the district determine.  The court                  

7   shall is not  be  required to sit in any political subdivision            

8   if the governing body of that subdivision by resolution and the             

9   court agree that the court shall not sit in the political                   

10  subdivision.                                                                

11      (4) Each judge of the district shall sit at places within the               

12  district as the presiding judge designates.                                 

13      (5) A district judge or district court magistrate may sit at                

14  a place outside the district under a multiple district plan                 

15  pursuant to section 8320.                                                   

16      (6) As used in this section, "population" means population                  

17  according to the most recent federal decennial census, except               

18  that the most recent census shall not apply until the expiration            

19  of 18 months from the date on which the census is taken.