REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.8411 Removal; waiver; hearings; manner of conducting; no jury or verbatim record.
Sec. 8411.
(1) Before the commencement of a trial in the small claims division, the district court judge or magistrate shall inform both parties, orally or in writing, of the right to removal before trial to the general civil division and of all rights waived if they choose to remain in the small claims division.
(2) In hearings before the small claims division, witnesses shall be sworn. The judge shall conduct the trial in an informal manner so as to do substantial justice between the parties according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications, the sole object of such trials is to dispense expeditious justice between the parties. There shall be no jury nor shall a verbatim record of such proceedings be made.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1991, Act 192, Eff. July 1, 1992
Notes of Decisions
Cited in
5
cases, 1980–2016 · leading case:
Marshall v. Pech, 291 N.W.2d 78 (Mich. Ct. App. 1980).
Marshall v. Pech, 291 N.W.2d 78 (Mich. Ct. App. 1980).
· cites it 3× “MCL 600.8411; MSA 27A.8411. The circuit court held that defendant was entitled to neither appellate nor supervisory relief.”
Schomaker v. Armour, Inc, 550 N.W.2d 863 (Mich. Ct. App. 1996).
· cites it 5× “The Legislature created the small claims division of the district court to furnish “a convenient and economical means of settling disputes where small sums are involved.”
Kerekes v. Bowlds, 446 N.W.2d 357 (Mich. Ct. App. 1989).
· cites it 2× “” MCL 600.8411; MSA 27A.8411. Therefore the proceedings are conducted in an informal manner, the various procedural rules are not followed and the parties are not represented by counsel.”
Joseph a Baublis v. City of Ann Arbor (Mich. Ct. App. 2016).
“See MCL 600.8411. In any event, respondent correctly points out that petitioner already had the information he sought: respondent had already attached all documents relevant to the denial, including the handwritten notes on petitioner’s application explaining the basis for the…”
Autozone Stores Inc v. City of Warren (Mich. Ct. App. 2015).
“ANALYSIS Pursuant to the Revised Judicature Act, MCL 600.8411(2): In hearings before the small claims division, witnesses shall be sworn.”
— Mich. Comp. Laws § 600.8411(2) — 2 cases
Schomaker v. Armour, Inc, 550 N.W.2d 863 (Mich. Ct. App. 1996).
“The Legislature created the small claims division of the district court to furnish “a convenient and economical means of settling disputes where small sums are involved.”
Autozone Stores Inc v. City of Warren (Mich. Ct. App. 2015).
“ANALYSIS Pursuant to the Revised Judicature Act, MCL 600.8411(2): In hearings before the small claims division, witnesses shall be sworn.”
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