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MI HB5800
Bill
Status
2/9/2010
Primary Sponsor
Deb Kennedy
Click for details
AI Summary
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Actions under section 32 of article IX of the state constitution shall be commenced only in the court of appeals, not in circuit court.
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Taxpayers filing such actions must provide five copies of the complaint, proof of service on defendants and the attorney general, and pay an entry fee to the court of appeals.
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The court of appeals shall assign a panel to the case, which may refer it to a special master to conduct proceedings and issue findings of fact and conclusions of law.
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The state or responsible state department has the burden of proving compliance with constitutional funding requirements; the court of appeals shall give these actions priority over other nonemergency matters.
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A special master position is created in the court of appeals, to be appointed by the supreme court and held by an attorney with experience in local government operations, with qualifications and procedures established by the supreme court.
Legislative Description
Civil procedure; other; court rules addressing actions under sections 25 to 32 of article IX of the state constitution; recommend revisions. Amends sec. 308a of 1961 PA 236 (MCL 600.308a) & adds secs. 308b, 308c, 308d, 308e, 308f & 308g. TIE BAR WITH: HB 5802'10
Civil procedure, civil actions
Last Action
Referred To Second Reading
11/10/2010