REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2051 Capacity to sue or be sued; assumed name; partnerships; unincorporated voluntary associations; corporations; state; governmental units; officers.
Sec. 2051.
(1) Any natural person may sue or be sued in his own name. A person conducting a business under a name subject to certification pursuant to the assumed name statute may be sued in such name in an action arising out of the conduct of such business.
(2) A partnership, partnership association, or any unincorporated voluntary association having a distinguishing name may sue or be sued in its partnership or association name, or in the names of any of its members designated as such or both.
(3) A corporation, either domestic or foreign, may sue or be sued in its corporate name, except as otherwise provided by statute.
(4) Actions to which this state or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, public body, or political subdivision is a party may be brought by or against such party in its own name, or in the official capacity of an officer authorized to sue or be sued in its behalf, except that an officer of the state or any such unit shall be sued in his official capacity for the purpose of enforcing the performance by him of an official duty. Whenever any officer sues or is sued in his official capacity, he may be described as a party by his official title and not by name, subject to the discretion of the court, upon its own motion or that of any party, to require his name to be added.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Adam Cmty. Ctr. v. City of Troy, 381 F. Supp. 3d 887 (E.D. Mich. 2019).
· cites it 7× “Mich. Comp. Laws Ann. § 600.2051 . Without citing to any authority, Defendants contend that the phrase "authorized to sue or be sued in its behalf" as used in *896 MCL 600.”
Morris Cruises v. Irwin Yacht & Marine Corp., 478 N.W.2d 693 (Mich. Ct. App. 1991).
· cites it 2× “Moreover, while MCL 600.2051(2); MSA 27A.2051(2) permits a partnership claim to be brought in the name of the partnership or the individual partners designated as such, neither Garratt nor Unger are designated in the present action as partners.”
Yenglin v. Mazur, 328 N.W.2d 624 (Mich. Ct. App. 1982).
“” MCL 600.2051(2); MSA 27A.2051(2), GCR 1963, 201.”
Sanchez v. Morrison, 667 F. Supp. 536 (W.D. Mich. 1987).
“§ 600.2051(2). Defendant argues that plaintiffs’ amended complaint is improper because it does not designate him as a partner in the heading.”
City of Saginaw v. Saginaw Cnty. Bd. of Supervisors, 134 N.W.2d 378 (Mich. Ct. App. 1965).
“The revised judicature act, PA 1961, No 236, § 2051, CLS 1961, § 600.2051 (Stat Ann 1962 Rev § 27A.2051) states: “Actions to which this State or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unin *70…”
Jackson Dist. Library v. Jackson Cnty. 1, 380 N.W.2d 112 (Mich. Ct. App. 1985).
“3(5) and MCL 600.2051(4); MSA 28.2051(4), governing capacity to sue, both provide in pertinent part: "Actions to which this state or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unincorporated board,…”
Grabow v. MacOmb Twp., 714 N.W.2d 674 (Mich. Ct. App. 2006).
“201(C)(5); see also MCL 600.2051(4). As such, the proper defendant in an action for a writ of mandamus is the officer who has the duty of performance.”
Suttons Bay Yacht Vill. Condo Assn v. Bd of Rep of Port Sutton (Mich. Ct. App. 2016).
· cites it 2× “” Plaintiffs contend, however, that a voluntary unincorporated association is not a legal entity because neither MCL 600.2051, nor any other Michigan statute, expressly declares an unincorporated association to be “an ‘artificial person’, i.”
— Mich. Comp. Laws § 600.2051(1) — 1 case
— Mich. Comp. Laws § 600.2051(2) — 5 cases
Morris Cruises v. Irwin Yacht & Marine Corp., 478 N.W.2d 693 (Mich. Ct. App. 1991).
“Moreover, while MCL 600.2051(2); MSA 27A.2051(2) permits a partnership claim to be brought in the name of the partnership or the individual partners designated as such, neither Garratt nor Unger are designated in the present action as partners.”
Yenglin v. Mazur, 328 N.W.2d 624 (Mich. Ct. App. 1982).
“” MCL 600.2051(2); MSA 27A.2051(2), GCR 1963, 201.”
Sanchez v. Morrison, 667 F. Supp. 536 (W.D. Mich. 1987).
“§ 600.2051(2). Defendant argues that plaintiffs’ amended complaint is improper because it does not designate him as a partner in the heading.”
Suttons Bay Yacht Vill. Condo Assn v. Bd of Rep of Port Sutton (Mich. Ct. App. 2016).
“” Plaintiffs contend, however, that a voluntary unincorporated association is not a legal entity because neither MCL 600.2051, nor any other Michigan statute, expressly declares an unincorporated association to be “an ‘artificial person’, i.”
— Mich. Comp. Laws § 600.2051(4) — 5 cases
Adam Cmty. Ctr. v. City of Troy, 381 F. Supp. 3d 887 (E.D. Mich. 2019).
“Mich. Comp. Laws Ann. § 600.2051 . Without citing to any authority, Defendants contend that the phrase "authorized to sue or be sued in its behalf" as used in *896 MCL 600.”
Jackson Dist. Library v. Jackson Cnty. 1, 380 N.W.2d 112 (Mich. Ct. App. 1985).
“3(5) and MCL 600.2051(4); MSA 28.2051(4), governing capacity to sue, both provide in pertinent part: "Actions to which this state or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unincorporated board,…”
Grabow v. MacOmb Twp., 714 N.W.2d 674 (Mich. Ct. App. 2006).
“201(C)(5); see also MCL 600.2051(4). As such, the proper defendant in an action for a writ of mandamus is the officer who has the duty of performance.”
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