Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1452 (2026)

Court hearing; date; receipt of certain documents.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1452 Court hearing; date; receipt of certain documents.

Sec. 452.

    (1) The court shall fix a date for every hearing convened under this chapter. Except as provided in subsection (2), the hearing shall be convened promptly, but not more than 7 days after the court's receipt of any of the following:

    (a) A petition for a determination that an individual is a person requiring treatment, a clinical certificate executed by a physician or a licensed psychologist, and a clinical certificate executed by a psychiatrist.

    (b) A petition for a determination that an individual continues to be a person requiring treatment and a clinical certificate executed by a psychiatrist.

    (c) A petition for discharge filed under section 484.

    (d) A demand or notification that a hearing that has been temporarily deferred under section 455(6) be convened.

    (2) A hearing for a petition under section 434(7) shall be convened not more than 28 days after the filing of the petition, unless the petition was filed while the subject of the petition was an inpatient at a psychiatric hospital, in which case the hearing shall be convened within 7 days of the filing of the petition.

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1976, Act 346, Imd. Eff. Dec. 21, 1976 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019

Notes of Decisions
Cited in 16 cases (12 in the last 5 years), 1978–2026 · leading case: In the Matter of Van Zant, 338 N.W.2d 1 (Mich. Ct. App. 1983).
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In the Matter of Van Zant, 338 N.W.2d 1 (Mich. Ct. App. 1983). · cites it 6× “We additionally held that MCL 330.1452; MSA 14.800(452), which requires a hearing "in no case more than 7 days" after the filing of a petition and medical certificates, was mandatory.”
in Re Charles Portus (Mich. Ct. App. 2014). · cites it 11× “At the December 14, 2011 hearing, appellant argued that the court failed to hold a hearing within seven days from the receipt of the petition for continuing treatment as required by MCL 330.1452, and, therefore, the petition had to be dismissed.”
Arthur Duckett v. Mary C Solky (Mich. Ct. App. 2022). · cites it 4× “1434, a hearing must be “convened promptly, but not more than 7 days after the court’s receipt” of “[a] petition for a determination that an individual is a person requiring treatment” MCL 330.1452. Before ordering a person to be involuntarily hospitalized or subject to mental…”
In Re Cl (Mich. Ct. App. 2025). · cites it 3× “1434], and the court shall be notified to convene a hearing under [MCL 330.1452(1)(d)]. [Emphasis added.] Further, MCL 330.”
In Re Jgs Jr (Mich. Ct. App. 2025). · cites it 3× “Likewise, the trial court did not violate -4- respondent’s right to a speedy trial under MCL 330.1452(1)(a). January 28, 2025, was “the date on which the petition and certificates were received,” and the trial court conducted a hearing within seven days, on February 4, 2025.”
In Re Nayeema Ahmed (Mich. Ct. App. 2022). · cites it 2× “” MCL 330.1452(1)(a). -3- For both clinical certificates, respondent has not established that it was plain error for the trial court to proceed with the hearing on the basis of these clinical certificates.”
In Re a V-b H (Mich. Ct. App. 2026). · cites it 2× “” MCL 330.1452(1)(a). 3 Subsection 7 does not apply to this case because it discusses petitions that do not seek hospitalization.”
in Re Nicholas Mostafa Heidarisafa (Mich. Ct. App. 2019). “1452, the [probate] court shall order a report assessing the current availability and appropriateness for the individual of alternatives to hospitalization, including alternatives available following an initial period of court-ordered hospitalization. The report shall be…”
in Re Evan Benford (Mich. Ct. App. 2021). “See MCL 330.1452(1)(a). Therefore, the error was not outcome-determinative.”
in the Matter of Ann Marie Moriconi (Mich. Ct. App. 2021). “for the deferral period, or to accept and follow the proposed plan for outpatient treatment, and further agrees that at any time the individual may refuse treatment and demand a hearing under [MCL 330.1452]. Significantly, “[t]he request to temporarily defer the hearing shall be…”
In Re Jh (Mich. Ct. App. 2024). “MCL 330.1452(1)(a). With some limited exceptions that do not apply here, the individual who is the subject of the petition generally has the right to be present at all hearings.”
In Re Mat (Mich. Ct. App. 2024). “” MCL 330.1452(2). Under MCR 5.740(B), “[a]n individual may demand a jury trial any time before testimony is received at the hearing for which the jury is sought.”
Show all 16 citing cases →
— Mich. Comp. Laws § 330.1452(1)(a) — 5 cases
In Re Jgs Jr (Mich. Ct. App. 2025). “Likewise, the trial court did not violate -4- respondent’s right to a speedy trial under MCL 330.1452(1)(a). January 28, 2025, was “the date on which the petition and certificates were received,” and the trial court conducted a hearing within seven days, on February 4, 2025.”
In Re Nayeema Ahmed (Mich. Ct. App. 2022). “” MCL 330.1452(1)(a). -3- For both clinical certificates, respondent has not established that it was plain error for the trial court to proceed with the hearing on the basis of these clinical certificates.”
In Re a V-b H (Mich. Ct. App. 2026). “” MCL 330.1452(1)(a). 3 Subsection 7 does not apply to this case because it discusses petitions that do not seek hospitalization.”
in Re Evan Benford (Mich. Ct. App. 2021). “See MCL 330.1452(1)(a). Therefore, the error was not outcome-determinative.”
In Re Jh (Mich. Ct. App. 2024). “MCL 330.1452(1)(a). With some limited exceptions that do not apply here, the individual who is the subject of the petition generally has the right to be present at all hearings.”
— Mich. Comp. Laws § 330.1452(1)(b) — 1 case
Arthur Duckett v. Mary C Solky (Mich. Ct. App. 2022). “1434, a hearing must be “convened promptly, but not more than 7 days after the court’s receipt” of “[a] petition for a determination that an individual is a person requiring treatment” MCL 330.1452. Before ordering a person to be involuntarily hospitalized or subject to mental…”
— Mich. Comp. Laws § 330.1452(1)(d) — 2 cases
In Re Cl (Mich. Ct. App. 2025). “1434], and the court shall be notified to convene a hearing under [MCL 330.1452(1)(d)]. [Emphasis added.] Further, MCL 330.”
In Re Peb (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 330.1452(2) — 1 case
In Re Mat (Mich. Ct. App. 2024). “” MCL 330.1452(2). Under MCR 5.740(B), “[a]n individual may demand a jury trial any time before testimony is received at the hearing for which the jury is sought.”
— Mich. Comp. Laws § 330.1452(b) — 1 case
in Re Charles Portus (Mich. Ct. App. 2014). “At the December 14, 2011 hearing, appellant argued that the court failed to hold a hearing within seven days from the receipt of the petition for continuing treatment as required by MCL 330.1452, and, therefore, the petition had to be dismissed.”
— Mich. Comp. Laws § 330.1452(c) — 2 cases
in Re Charles Portus (Mich. Ct. App. 2014). “At the December 14, 2011 hearing, appellant argued that the court failed to hold a hearing within seven days from the receipt of the petition for continuing treatment as required by MCL 330.1452, and, therefore, the petition had to be dismissed.”
Hilbenbrand v. Smith, 446 F. Supp. 158 (E.D. Mich. 1978).
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