Michigan Compiled Laws

Mich. Comp. Laws § 600.5854 (2026)

War; inability to prosecute; period of limitation.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.5854 War; inability to prosecute; period of limitation.

Sec. 5854.

If any person is unable to prosecute an action in the courts of this state because he is a citizen or subject of any country at war with the United States or because he is detained in any country at war with the United States or because he is detained by any neutral power or because for any other reason arising out of the war he is unable to use the courts of this state, the time of the continuance of the war shall not be counted as a part of the period limited for the commencement of any action.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions

Cited in 2 cases, 1982–1982 · leading case: Lothian v. City of Detroit, 324 N.W.2d 9 (Mich. 1982).

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Lothian v. City of Detroit, 324 N.W.2d 9 (Mich. 1982). · cites it 2× “5853; during times of war, if the plaintiff is a citizen of a country at war with the United States, MCL 600.5854; MSA 27A.5854; while plaintiff's claim remains undiscovered (and for two years after discovery) as a result of defendant's fraudulent concealment of the cause of…”

Kurzawa v. Mueller, 545 F. Supp. 1254 (E.D. Mich. 1982). “§ 600.5854 (war); M.C.L.A. § 600.5855 (fraudulent concealment); M.”

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