REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.8412 Waiver of rights.
Sec. 8412.
Unless a party removes a small claims action to the district court pursuant to section 8408(4), all parties to an action in the small claims division shall be considered to have waived the right to counsel, the right to trial by jury, the right to recover more than the applicable jurisdictional amount as prescribed by section 8401, and any right of appeal, except that if the action is heard before a district court magistrate pursuant to section 8427, the parties have a right to an appeal to the small claims division of the district court as provided by section 8427. The affidavit prescribed in section 8402 shall contain a statement that the plaintiff understands that he or she has waived these rights.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985
Notes of Decisions
Cadle Co. v. City of Kentwood, 776 N.W.2d 145 (Mich. Ct. App. 2009).
· cites it 6× “” The circuit court noted that in electing to pursue a claim in the small claims division, the parties waived certain rights, as set forth in MCL 600.8412. 4 Fifth Third Bank elected its remedy and waived its ability to assign.”
In Re Lafayette Towers, 503 N.W.2d 740 (Mich. Ct. App. 1993).
· cites it 3× “*271 Plaintiffs attempted appeal of the magistrate’s decision to the small claims division, pursuant to MCL 600.8412; MSA 27A.8412, was denied. Having exhausted the avenues of appeal, plaintiff sought superintending control in the Wayne Circuit Court, asking that the district…”
Marshall v. Pech, 291 N.W.2d 78 (Mich. Ct. App. 1980).
· cites it 3× “The court based its decision on MCL 600.8412; MSA 27A.8412: "A person commencing an action or defendant who remains and tries the case in the small claims division shall be considered to have waived the right to counsel, the right to trial by jury, the right to recover more than…”
Oldenburg v. Dryden Twp., 499 N.W.2d 416 (Mich. Ct. App. 1993).
“MCL 600.8412; MSA 27A.8412 (waiver of right of appeal from small claims division of district court).”
In Re Goehring, 457 N.W.2d 375 (Mich. Ct. App. 1990).
“MCL 600.8412; MSA 27A.8412. With certain exceptions not relevant here, an attorney may not take part in the filing, prosecution, or defense of litigation in the small claims division.”
Schomaker v. Armour, Inc, 550 N.W.2d 863 (Mich. Ct. App. 1996).
· cites it 2× “1 MCL 600.8412; MSA 27A.8412. As stated in Marshall, supra, p 458 , “[u]se of this court is entirely voluntary.”
Kerekes v. Bowlds, 446 N.W.2d 357 (Mich. Ct. App. 1989).
“MCL 600.8412; MSA 27A.8412. There is no indication that the special venue statute which applied when the claim was filed is no longer controlling.”
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