REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2907 Malicious prosecution or action; civil liability, penalty.
Sec. 2907.
Every person who shall, for vexation and trouble or maliciously, cause or procure any other to be arrested, attached, or in any way proceeded against, by any process or civil or criminal action, or in any other manner prescribed by law, to answer to the suit or prosecution of any person, without the consent of such person, or where there is no such person known, shall be liable to the person so arrested, attached or proceeded against, in treble the amount of the damages and expenses which, by any verdict, shall be found to have been sustained and incurred by him; and shall be liable to the person in whose name such arrest or proceeding was had in the sum of $200.00 damages, and shall be deemed guilty of a misdemeanor, punishable on conviction by imprisonment in the county jail for a term not exceeding 6 months.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Cited in
49
cases (
17 in the last 5 years), 1967–2026 · leading case:
Rivers v. Ex-Cell-O Corp., 300 N.W.2d 420 (Mich. Ct. App. 1980).
Rivers v. Ex-Cell-O Corp., 300 N.W.2d 420 (Mich. Ct. App. 1980).
· cites it 8× “Should the Trial Court Have Trebled the Jury's Damages Awards Pursuant to MCL 600.2907; MSA 27A.2907? MCL 600.2907; MSA 27A.”
Bass v. Spitz, 522 F. Supp. 1343 (E.D. Mich. 1981).
· cites it 10× “Mich.Comp.Laws § 600.2907 (Mich.Stat. Ann.”
Camaj v. S. S. Kresge Co., 393 N.W.2d 875 (Mich. 1986).
· cites it 6× “The history of MCL 600.2907; MSA 27A.2907 and similar statutes in other jurisdictions involving remedies for such "straw-party" suits, support this conclusion.”
Zmija v. Baron, 326 N.W.2d 908 (Mich. Ct. App. 1982).
· cites it 6× “[3] Pursuant to MCL 600.2907; MSA 27A.2907, [4] the jury was instructed that in assessing damages against the four malicious prosecution defendants, the total amount of malicious prosecution damages *542 suffered by plaintiff at the hands of each of these individual defendants…”
People v. Greene, 661 N.W.2d 616 (Mich. Ct. App. 2003).
· cites it 2× “§ 600.2907. The unifying theme among these subsections is an attempt to identify and criminalize the many ways individuals can prevent or attempt to prevent a witness from appearing and providing truthful information in some sort of official proceeding, as defined in subsection…”
Pauley v. Hall, 335 N.W.2d 197 (Mich. Ct. App. 1983).
· cites it 3× “First, he argues that the trebling statute, MCL 600.2907; MSA 27A.2907, does not apply to civil prosecution suits.”
Etefia v. Credit Tech., Inc, 628 N.W.2d 577 (Mich. Ct. App. 2001).
“Plaintiff also alleged malicious prosecution pursuant to MCL 600.2907, which potentially allows treble damages if plaintiff prevailed on his claim.”
Peisner v. Detroit Free Press, Inc., 242 N.W.2d 775 (Mich. Ct. App. 1976).
· cites it 2× “The defendants base their claim to a statutory cause of action for an abuse of process on MCLA 600.2907; MSA 27A.2907. However, a careful study of this inarticulately drafted statute convinces us that it does not create a cause of action for abuse of process.”
Early Detection Ctr., PC v. New York Life Ins., 403 N.W.2d 830 (Mich. Ct. App. 1986).
“The statute relied upon, MCL 600.2907; MSA 27A.2907, does not set forth an action for mali *628 cious prosecution separate from that provided by case law, but rather imposes a penalty of "treble the amount of the damages and expenses which, by any verdict, shall be found to have…”
Payton v. City of Detroit, 536 N.W.2d 233 (Mich. Ct. App. 1995).
“Plaintiffs position is that the malicious prosecution statute, MCL 600.2907; MSA 27A.2907, which by its terms extends liability to "every person,” should be read to include bodies politic and corporate pursuant to MCL 8.”
Meehan v. Michigan Bell Tel. Co., 436 N.W.2d 711 (Mich. Ct. App. 1989).
· cites it 3× “On April 26, 1985, the trial court entered judgment on the verdict tripling plaintiff’s award pursuant to MCL 600.2907; MSA 27A.2907, for a total of $585,000, and adding the statutory twelve percent annual interest compounded from the date of filing the complaint.”
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