Title 600, REVISED JUDICATURE ACT OF 1961

Sec. 4027. (1) If after a hearing officer orders the payment of a civil fine or costs under section 4q of the home rule city act, 1909 PA 279, MCL 117.4q, the defendant does not appeal the order within the time allowed under section 4q(17) of the home rule city act, 1909 PA 279, …

Sec. 4031. (1) The provisions of the statutes relating to exemptions from execution, and the manner of levying upon property belonging to a class or species in which exemptions are by law allowed, shall be applicable to the application of property and obligations to claims by att…

Sec. 4035. An attachment shall bind goods and chattels from the time they were attached. An attachment of realty or any right or interest therein shall constitute a lien thereon, effective from the time when a certified copy of the attachment including a description of the realty…

Sec. 4041. Any attachment on realty or any right or interest therein shall be discharged upon the record thereof by the register of deeds whenever there shall be presented to him a certificate executed by the sheriff, and approved by the plaintiff, his personal representatives or…

Sec. 4045. In every case where property is attached or garnishment is served, the attachment or garnishment may be dissolved by the posting of a bond in accordance with the rules of the supreme court.

Sec. 405. Sections 406, 407, and 408 provide options for adoption of a plan of concurrent jurisdiction in the counties of Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne, which have district court districts of the third class.

Sec. 4051. Any person summoned as a garnishee or any officer, agent, or other person who appears and answers for a corporation summoned as a garnishee, who knowingly and wilfully answers falsely upon his disclosure or examination on oath is liable to the plaintiff in garnishment,…

Sec. 406. (1) Within the counties of Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne, a majority of all of the circuit and probate judges, subject to approval by the supreme court and to the limitations contained in sections 410, 841, and 8304, shall adopt 1 or more …

Sec. 4061. (1) A plaintiff shall serve garnishment process issued from a court in Michigan against the state of Michigan upon the state treasurer or other state employee designated by the state treasurer to receive garnishment process. The state treasurer shall designate as many …

Sec. 4061a. (1) The state treasurer shall intercept a state tax refund or credit that is subject to a writ of garnishment served upon the state treasurer pursuant to section 4061. Upon intercepting a state tax refund or credit pursuant to a writ of garnishment, the state treasure…

Sec. 4065. No disclosure made under the provisions of the garnishment statutes or rules shall be used in evidence upon a criminal prosecution except upon a prosecution of the garnishee for perjury in making his disclosure.

Sec. 407. (1) Within the counties of Genesee, Ingham, Kent, Macomb, Oakland, and Washtenaw, a majority of all of the district judges in the county-funded district court district and the circuit judges and probate judges of the courts in the plan, subject to approval by the suprem…

Sec. 408. (1) Within the counties of Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne, the circuit judges, the probate judges, and the district judges in 1 or more district court districts within the county, subject to approval by the supreme court and to the limitati…

Sec. 410. A plan of concurrent jurisdiction adopted under this chapter shall not include a delegation of any of the following: (a) A power of appointment to a public office delegated by constitution or statute to the circuit court or a circuit judge. (b) A power of appointment to…

Sec. 412. A concurrent jurisdiction plan that was adopted, approved by the supreme court, and in effect on December 31, 2012, is considered valid and in compliance with the requirements of this chapter.

Sec. 413. (1) Concurrent jurisdiction plans shall be designed to benefit the citizens utilizing the courts involved rather than the courts themselves or any judge or judges. (2) A judge voting not to have a plan of concurrent jurisdiction under this chapter may file an objection …

Sec. 415. A plan of concurrent jurisdiction may include a family court plan as provided in chapter 10.

Sec. 420. Unless an alternate method of record maintenance is approved by the county clerk as part of a plan of concurrent jurisdiction, the records of the circuit court, probate court, and district court shall continue to be maintained by that respective county clerk, probate re…

Sec. 425. Not later than 30 days before a proposed plan of concurrent jurisdiction under this chapter is submitted to the supreme court for approval, the plan shall be submitted to the local funding unit or units for their review of the plan's financial implications. Consistent w…

Sec. 4301. The provisions of sections 4301 to 4379 shall be construed to apply to every writ of habeas corpus authorized to be issued under any statute of this state, insofar as they are consistent with the statute granting the right to habeas corpus.

Sec. 4304. The writ of habeas corpus to inquire into the cause of detention, or an order to show cause why the writ should not issue, may be issued by the following: (1) The supreme court, or a justice thereof. (2) The court of appeals, or a judge thereof. (3) The circuit courts,…

Sec. 4307. An action for habeas corpus to inquire into the cause of detention may be brought by or on the behalf of any person restrained of his liberty within this state under any pretense whatsoever, except as specified in section 4310.

Sec. 4310. An action for habeas corpus to inquire into the cause of detention may not be brought by or on behalf of the following persons: (1) Persons detained by virtue of any process issued by any court of the United States, or any judge thereof, in cases where such courts or j…

Sec. 4313. Any judge who wilfully or corruptly refuses or neglects to consider an application, action, or motion for habeas corpus, is guilty of malfeasance in office.

Sec. 4316. Any court or judge empowered to grant the writ of habeas corpus shall, upon proper application, grant the preliminary writ (or an order to show cause) without delay, unless the party applying therefor is not entitled to the writ.

Sec. 4319. If the action for habeas corpus is brought by a parent, foster-parent, or other relative of the child, to obtain custody of a child under the age of 16 years from a parent, foster-parent, or other relative of the child, issuance of the writ of habeas corpus is not mand…

Sec. 4322. The term "prisoner", as used in connection with habeas corpus, means the person on whose behalf the writ is issued, such as an inmate of a penal or mental institution, the child whose custody is sought, and other persons alleged to be restrained of their liberty.

Sec. 4325. If a writ of habeas corpus is issued, the person on whom it is served shall bring the body of the person in his custody according to the command of the writ, except as provided in section 4328.

Sec. 4328. If, from the sickness or infirmity of the prisoner directed to be produced by any writ of habeas corpus, the prisoner cannot, without danger, be brought before the court or judge, the party having custody of the prisoner may state that fact in his answer. The court or …

Sec. 4331. (1) If the person upon whom the writ of habeas corpus was duly served refuses or neglects to obey the writ without sufficient excuse, the court or judge before whom the writ was to be answered, upon due proof of the service thereof, shall direct the arrest of such pers…

Sec. 4334. If any person attempts wrongfully to carry the prisoner out of the county or state after service of a writ of habeas corpus or order to show cause, the person serving the writ or order to show cause, or other officer, shall arrest the person so resisting, and bring him…

Sec. 4337. Whenever it appears by satisfactory proof, that anyone is held in illegal confinement or custody, and that there is good reason to believe that he will be carried out of the state, or suffer some irreparable injury, before he can be relieved by the issuing of a writ of…

Sec. 4340. When the proof mentioned in section 4337 is sufficient to justify an arrest of the person having the prisoner in his custody, as for a criminal offense committed in the taking or detaining of the prisoner, the warrant shall also contain an order for the arrest of such …

Sec. 4343. Any officer or person to whom the warrant is directed shall execute the warrant by bringing the prisoner therein named, and the person who detains him, if so commanded by the warrant, before the court or judge issuing the warrant. The person detaining the prisoner shal…

Sec. 4346. If the person having the prisoner in his custody is brought before the court or judge, as for a criminal offense, he shall be examined, committed, bailed or discharged by the court or judge in the like manner as in other criminal cases of like nature.

Sec. 4349. The court or judge issuing the writ of habeas corpus may commit the prisoner to the custody of such individual or individuals as the court or judge considers proper.

Sec. 4352. (1) If no legal cause is shown for the restraint, or for the continuation thereof, the court or judge shall discharge the person restrained from the restraint under which he is held. (2) Obedience to any order for the discharge of any prisoner may be enforced by the co…

Sec. 4355. The court or judge shall forthwith remand the person restrained if the person restrained is detained in custody, either: (1) By virtue of process issued by any court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; or (2) B…

Sec. 4358. If the prisoner is in custody by virtue of civil process from any court legally constituted, or issued by any officer in the course of judicial proceedings before him, authorized by law, the prisoner shall be discharged only if 1 of the following situations exists: (1)…

Sec. 4361. If the prisoner is not entitled to his discharge, and is not bailed, the court or judge shall place him under the restraint from which he was taken, if the person under whose restraint he was is legally entitled thereto. If not so entitled, the court or judge shall com…

Sec. 4364. No person who has been discharged by the order of any court or judge upon habeas corpus shall be again restrained for the same cause. It is not the same cause if: (1) He was discharged from a commitment on a criminal charge, and is afterwards committed for the same off…

Sec. 4367. If any person knowingly: (1) violates section 4364, or (2) causes section 4364 to be violated, or (3) aids or assists in the violation of section 4364; he is guilty of a misdemeanor, and is liable to the party aggrieved in the sum of $1,000.00 damages.

Sec. 4370. Any one having under his power any person who would be entitled to a writ of habeas corpus to inquire into the cause of his detention, or for whose relief any such writ, warrant, or order to show cause was issued, who shall, with intent to elude the service of the writ…

Sec. 4373. Every person who knowingly aids or assists in the violation of section 4370 is guilty of a misdemeanor.

Sec. 4376. Every person convicted of any of the misdemeanors specified in sections 4367, 4370 and 4373 shall be punished by a fine not exceeding $1,000.00, or by imprisonment in the county jail not exceeding 6 months, or by both such fine and imprisonment, in the discretion of th…

Sec. 4379. Any officer or other person who refuses or neglects for 6 hours to deliver a copy of any order, warrant, process or other authority by which he detains any person, to any one who demands such copy and tenders the lawful fees therefor, is liable to the person so detaine…