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MI SB0632

Bill

Status

Passed

8/3/2016

Primary Sponsor

Tonya Schuitmaker

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Modifies Court of Appeals jurisdiction over appeals from circuit court, court of claims, and probate court, establishing that most final judgments are appealable as a matter of right with specific exceptions requiring leave to appeal.

  • Designates certain categories of circuit court judgments as requiring application for leave to appeal, including appeals from district and municipal courts, cases based on guilty or nolo contendere pleas, and other interlocutory orders as determined by supreme court rule.

  • Clarifies probate court appeal procedures requiring written transcripts or agreed-upon settled records, prohibiting de novo trials, and establishing notice requirements to interested parties per supreme court rule.

  • Establishes a 21-day automatic stay of probate court judgments upon appeal, with exceptions for family division and mental health or guardianship orders unless specifically ordered stayed by the court.

  • Repeals sections 861 and 863 of the revised judicature act and takes effect 90 days after enactment, contingent on House Bill 5503 being enacted into law.

Legislative Description

Courts; jurisdiction; jurisdiction on appeals from orders and judgments of the probate court; provide to the court of appeals. Amends secs. 308, 846, 866 & 867 of 1961 PA 236 (MCL 600.308 et seq.) & repeals secs. 861 & 863 of 1961 PA 236 (MCL 600.861 & 600.863). TIE BAR WITH: HB 5503'16

Courts: court of appeals

Last Action

Presented To Governor 6/14/2016 @ 12:00 Pm

9/6/2016

Committee Referrals

Judiciary12/2/2015

Full Bill Text

No bill text available