REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.8408 Parties; representation; request for trial before district court judge; removal; waiver.
Sec. 8408.
(1) An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant, except as is otherwise provided in this chapter, shall not take part in the filing, prosecution, or defense of litigation in the small claims division.
(2) A sole proprietorship, partnership, or corporation as plaintiff or defendant may be represented by an officer or employee who has direct and personal knowledge of facts in dispute. If the officer or employee who has direct and personal knowledge of facts in dispute is no longer employed by the defendant or plaintiff or is medically unavailable, the representation may be made by that person's supervisor, or by the sole proprietor, a partner, or an officer or a member of the board of directors of a corporation.
(3) A county, city, village, township, or local or intermediate school district as plaintiff or defendant may be represented only by an elected or appointed officer or an employee who has direct and personal knowledge of the facts in dispute. If the officer or employee who has direct and personal knowledge of the facts in dispute is no longer an officer or employee of the plaintiff or defendant, the representation may be made by that officer's successor or that employee's supervisor, or by a member of the governing body of the county, city, village, township, or local or intermediate school district. In addition, a person may not represent a county, city, village, township, or local or intermediate school district in the small claims division unless authorized to appear in the case by the governing body of the county, city, village, township, or local or intermediate school district.
(4) Before commencement of a trial, the plaintiff or defendant may, upon demand, require that the trial be conducted before a district court judge and not a magistrate, or may remove the case from the small claims division to the general civil division of the district court. If the parties commence a trial of the case in the small claims division, both parties waive all rights mentioned in section 8412.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 272, Imd. Eff. Dec. 19, 1984 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1991, Act 192, Eff. July 1, 1992
Notes of Decisions
Cadle Co. v. City of Kentwood, 776 N.W.2d 145 (Mich. Ct. App. 2009).
· cites it 21× “The circuit court farther ruled that plaintiffs did not have standing pursuant to MCL 600.8408, that the judgment could not be assigned pursuant to MCL 600.”
In Re Lafayette Towers, 503 N.W.2d 740 (Mich. Ct. App. 1993).
· cites it 8× “MCL 600.8408; MSA 27A.8408 specifically provides: (1) An attorney at law, except on the attorney’s own behalf .”
In Re Goehring, 457 N.W.2d 375 (Mich. Ct. App. 1990).
· cites it 3× “MCL 600.8408(1); MSA 27A.8408(1). Goehring asserts that these provisions do not apply to postjudgment proceedings in the small claims division, so that the district judge should have been ordered to allow counsel to represent him.”
Marshall v. Pech, 291 N.W.2d 78 (Mich. Ct. App. 1980).
“MCL 600.8408(2); MSA 27A.8408(2). Before trial, the parties are told of the right to removal and of the rights which are waived if they choose to remain in the small claims division.”
Schomaker v. Armour, Inc, 550 N.W.2d 863 (Mich. Ct. App. 1996).
· cites it 2× “MCL 600.8408(1); MSA 27A.8408(1). There is no jury and no right of appeal.”
In re Transamerica Ins. Co. of Am., 414 N.W.2d 158 (Mich. Ct. App. 1987).
· cites it 4× “MCL 600.8408(2); MSA 27A.8408(2) requires that an officer or employee of a corporation who is to represent such corporation must have *127 direct and personal knowledge of the facts in dispute.”
Kerekes v. Bowlds, 446 N.W.2d 357 (Mich. Ct. App. 1989).
“Defendants, however, then exercised their statutory right to have the case removed to the general civil division of the district court, MCL 600.8408(4); MSA 27A.8408(4). The question here is whether the lower court was correct in holding that the venue provision applicable…”
— Mich. Comp. Laws § 600.8408(1) — 4 cases
Cadle Co. v. City of Kentwood, 776 N.W.2d 145 (Mich. Ct. App. 2009).
“The circuit court farther ruled that plaintiffs did not have standing pursuant to MCL 600.8408, that the judgment could not be assigned pursuant to MCL 600.”
In Re Lafayette Towers, 503 N.W.2d 740 (Mich. Ct. App. 1993).
“MCL 600.8408; MSA 27A.8408 specifically provides: (1) An attorney at law, except on the attorney’s own behalf .”
In Re Goehring, 457 N.W.2d 375 (Mich. Ct. App. 1990).
“MCL 600.8408(1); MSA 27A.8408(1). Goehring asserts that these provisions do not apply to postjudgment proceedings in the small claims division, so that the district judge should have been ordered to allow counsel to represent him.”
Schomaker v. Armour, Inc, 550 N.W.2d 863 (Mich. Ct. App. 1996).
“MCL 600.8408(1); MSA 27A.8408(1). There is no jury and no right of appeal.”
— Mich. Comp. Laws § 600.8408(2) — 3 cases
Cadle Co. v. City of Kentwood, 776 N.W.2d 145 (Mich. Ct. App. 2009).
“The circuit court farther ruled that plaintiffs did not have standing pursuant to MCL 600.8408, that the judgment could not be assigned pursuant to MCL 600.”
Marshall v. Pech, 291 N.W.2d 78 (Mich. Ct. App. 1980).
“MCL 600.8408(2); MSA 27A.8408(2). Before trial, the parties are told of the right to removal and of the rights which are waived if they choose to remain in the small claims division.”
In re Transamerica Ins. Co. of Am., 414 N.W.2d 158 (Mich. Ct. App. 1987).
“MCL 600.8408(2); MSA 27A.8408(2) requires that an officer or employee of a corporation who is to represent such corporation must have *127 direct and personal knowledge of the facts in dispute.”
— Mich. Comp. Laws § 600.8408(4) — 4 cases
Cadle Co. v. City of Kentwood, 776 N.W.2d 145 (Mich. Ct. App. 2009).
“The circuit court farther ruled that plaintiffs did not have standing pursuant to MCL 600.8408, that the judgment could not be assigned pursuant to MCL 600.”
In Re Lafayette Towers, 503 N.W.2d 740 (Mich. Ct. App. 1993).
“MCL 600.8408; MSA 27A.8408 specifically provides: (1) An attorney at law, except on the attorney’s own behalf .”
Schomaker v. Armour, Inc, 550 N.W.2d 863 (Mich. Ct. App. 1996).
“MCL 600.8408(1); MSA 27A.8408(1). There is no jury and no right of appeal.”
Kerekes v. Bowlds, 446 N.W.2d 357 (Mich. Ct. App. 1989).
“Defendants, however, then exercised their statutory right to have the case removed to the general civil division of the district court, MCL 600.8408(4); MSA 27A.8408(4). The question here is whether the lower court was correct in holding that the venue provision applicable…”
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