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MI HB6497

Bill

Status

Introduced

11/9/2022

Primary Sponsor

Graham Filler

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Requires summons to be issued immediately upon filing a complaint in summary proceedings and specifies that summons must command defendant to appear before a judge or district court magistrate.

  • Mandates summons issued in summary proceedings include information regarding availability of legal aid and rental or housing assistance.

  • Requires complaints for possession of leased residential property to state that the rental property has been kept fit for use intended and in reasonable repair, unless modified by lease.

  • Establishes that plaintiff must demand jury trial and pay jury fee at initial filing, and defendant must demand jury trial in first responsive pleading or appearance and pay jury fee or waive the right; requires defendant to escrow prospective rent if demanding jury trial unless court waives based on financial hardship.

  • Adds provisions requiring judges to enter default judgment if defendant fails to appear and to enter judgment in conformity with proofs if defendant appears with no triable issue; mandates trial commence within 7 days after any preliminary hearing or scheduling conference.

Legislative Description

Civil procedure: evictions; summary proceedings procedures; revise. Amends secs. 5735 & 5738 of 1961 PA 236 (MCL 600.5735 & 600.5738) & adds secs. 5740 & 5740a.

Civil procedure: evictions

Last Action

Bill Electronically Reproduced 11/10/2022

11/10/2022

Committee Referrals

Judiciary11/9/2022

Full Bill Text

No bill text available