Title 600, REVISED JUDICATURE ACT OF 1961

Sec. 846. In an action or proceeding pending in any other court of this state of which the probate court and the other court have concurrent jurisdiction, the judge of the other court, upon motion of a party and after a finding and order on the jurisdictional issue, may by order …

Sec. 847. In the exercise of jurisdiction vested in the probate court by law, the probate court shall have the same powers as the circuit court to hear and determine any matter and make any proper orders to fully effectuate the probate court's jurisdiction and decisions.

Sec. 848. (1) Upon petition, where justice requires, and after due notice is given to all parties in interest, the probate court may grant rehearings and modify and set aside orders, sentences, or judgments rendered in the court. (2) The probate court shall make and enter an orde…

Sec. 849. When the validity of any order or sentence of the probate court is in question in any other action or proceeding, everything necessary to have been done or proved to render the order or decree valid, and which might have been proved by parol at the time of making the or…

Sec. 8501. (1) In a county that elects by itself fewer than 2 district judges, the county board of commissioners shall provide for 1 district court magistrate. In all other counties in districts of the first and second class, the county board of commissioners shall provide for no…

Sec. 8503. Subject to the provisions of section 8501, the judges of the district court within a district of the first or second class may appoint a clerk or deputy clerk as a magistrate to perform the duties and exercise the powers of a magistrate in addition to the duties as a c…

Sec. 8507. (1) Magistrates shall be registered electors in the county in which they are appointed. All magistrates appointed shall serve at the pleasure of the judges of the district court. Before assuming office, persons appointed magistrates shall take the constitutional oath o…

Sec. 851. Oaths required to be taken by fiduciaries, appraisers, and dividers of estates, or by any other person in relation to any proceeding in the probate court, may be administered by a probate judge, probate register, or notary public, and a certified certificate thereof sha…

Sec. 8511. A district court magistrate has the following jurisdiction and duties: (a) To arraign and sentence upon pleas of guilty or nolo contendere for violations of the following acts or parts of acts, or a local ordinance substantially corresponding to these acts or parts of …

Sec. 8512. (1) A district court magistrate may hear, preside over, and conduct any of the following in civil infraction actions under section 746 of the Michigan vehicle code, 1949 PA 300, MCL 257.746, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.2795…

Sec. 8512a. Only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district, a district court magistrate may do 1 or more of the following: (a) Accept an admission of responsibility, decide a motion to set aside a default …

Sec. 8513. (1) When authorized by the chief judge of the district and whenever a district judge is not immediately available, a district court magistrate may conduct the first appearance of a defendant before the court in all criminal and ordinance violation cases, including acce…

Sec. 8514. A district court magistrate who is an attorney licensed to practice law in this state, if authorized by the chief judge of the district, in cases in the small claims division, may administer oaths, examine witnesses, make findings of fact and conclusions of law, and re…

Sec. 8515. Appeals as of right may be taken from the district court magistrate to the district court. Appeal shall be taken within 7 days after the entry of the decision of the magistrate and shall be heard de novo.

Sec. 852. (1) A petition, inventory, accounting, proof of claim or proof of service filed with the probate court need not be verified, acknowledged or made on oath if the person signing the instrument states immediately above the date and his signature: "I declare under the penal…

Sec. 8521. (1) Magistrates shall be paid by the county in districts of the first and second class and by the district control unit or units in districts of the third class on a salary or per diem basis as determined by the county board of commissioners in districts of the first a…

Sec. 8525. An attorney at law who is a magistrate shall be prohibited from the practice of law in the district court for the district in which the attorney serves. A person who is appointed as a magistrate in the thirty-sixth district shall not engage in the practice of law while…

Sec. 8535. (1) Except as provided in subsection (2), district court magistrates shall pay all fines and costs received by them to the clerk of the district court on or before the last day of the month following receipt of those funds, which shall be allocated as provided in secti…

Sec. 854. Except as otherwise provided by law, any notice required by law shall be governed by supreme court rule.

Sec. 8541. (1) The judges of the district court shall exercise superintending control over all magistrates within their districts. A district judge may not extend the jurisdiction of a district court magistrate beyond the jurisdiction expressly provided by law. (2) A district cou…

Sec. 8545. Magistrates shall exercise the same powers and perform the same duties as deputy clerks of the district court for the purpose of carrying out the provisions of chapter 84 although they shall not be considered deputy clerks.

Sec. 855. For the purpose of achieving uniformity of forms throughout this state in the probate court, effective July 1, 1979, only forms approved by the supreme court or the state court administrator shall be used.

Sec. 8551. Magistrates shall sit at any county seat and city or other locations as determined by the presiding judge.

Sec. 856. (1) The venue of all proceedings or any portion thereof may be changed for the convenience of the parties and witnesses or when an impartial trial cannot be had, to the probate court in any other county upon petition of an interested party or upon the motion of the prob…

Sec. 857. (1) If a party to a proceeding in the probate court would have had a right before January 1, 1971 to demand a jury to determine a particular issue of fact in the circuit court upon a de novo appeal from that proceeding to the circuit court, that party shall on and after…

Sec. 858. (1) When it appears reasonable and proper, the probate court may require a party to a proceeding before a hearing to give sufficient security for all costs as may be awarded against that party. (2) In a contested case, the probate court may award costs to either party t…

Sec. 859. (1) The following testimony before a probate judge shall be recorded: (a) Testimony in contested matters. (b) Testimony in matters pertaining to the admission to a hospital or other facility for mentally ill or developmentally disabled persons. (c) Testimony in matters …

Sec. 8601. There shall be not less than 1 district court certified recorder or reporter for each judge of the district court who, in addition to acting as official court recorder or reporter, may act as secretary to the district court judge and perform other functions and duties …

Sec. 8602. (1) Each judge of the district court shall appoint his or her own recorder or reporter. (2) Pursuant to supreme court rule, the chief or only judge of the district may appoint additional certified recorders or reporters. Appointed additional recorders or reporters shal…

Sec. 8615. The annual salary of district court recorders or reporters appointed pursuant to section 8602(1) shall be not less than $8,000.00 per year.

Sec. 8621. (1) District court recorders and reporters shall be paid by each district control unit. In districts consisting of more than 1 district control unit, each district control unit shall contribute to the salary in the same proportion as the number of cases entered and com…

Sec. 8625. The recorders or reporters of district courts composed of more than 1 county shall be entitled to receive, in addition to the salary provided for in this act, their necessary and actual expenses incurred in attending court in the counties of their district other than t…

Sec. 8626. For the purposes of this chapter, the residence of a recorder or reporter who does not reside in the district in which he or she serves shall be deemed to be the same as the residence of the district judge for whom he or she serves.

Sec. 8631. (1) A district court recorder or reporter shall be entitled to receive for a transcript ordered by any person the same fees as provided by law for circuit court reporters or recorders. For a transcript ordered by the district judge or a circuit judge, recorders or repo…

Sec. 8635. (1) An original and copy of the verbatim record of all preliminary examinations in which the defendant is bound over to the circuit court for further proceedings shall be reduced to writing by the district court recorder or reporter when ordered by the circuit court an…

Sec. 866. (1) All appeals from the probate court shall be on a written transcript of the record made in the probate court or on a record settled and agreed to by the parties and approved by the probate court. An appeal shall not be tried de novo. (2) A party appealing from the pr…

Sec. 867. (1) After an appeal of right from a judgment or order of the probate court is filed with the court of appeals and notice of the appeal is filed with the probate court, all further proceedings in pursuance of the judgment, order, or sentence, appealed from are stayed for…

Sec. 8701. As used in this chapter: (a) "Authorized local official" means a police officer or other personnel of a county, city, village, township, or regional parks and recreation commission created under section 2 of 1965 PA 261, MCL 46.352, legally authorized to issue municipa…

Sec. 8703. (1) A municipal civil infraction action is commenced upon the issuance of a citation as provided in section 8707. The plaintiff in a municipal civil infraction action is the political subdivision whose ordinance has been violated. If the ordinance is a temporary vessel…

Sec. 8705. (1) Each citation shall be numbered consecutively, be in a form as approved by the state court administrator, and consist of the following parts: (a) The original, which is a complaint and notice to appear by the authorized official and shall be filed with the court in…

Sec. 8707. (1) An authorized local official who witnesses a person violate an ordinance a violation of which is a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a citation, except as provided …

Sec. 8709. (1) A citation issued pursuant to section 8707 shall contain the name of the plaintiff, the name and address of the defendant, the municipal civil infraction alleged, the place where the defendant shall appear in court, the telephone number of the court, the time at or…

Sec. 871. (1) In all decedents' estates in which proceedings are instituted for probate, the probate court shall charge and collect the following fees as an expense of administration on the value of all assets, as of the date of death of the decedent, as follows: (a) In an estate…

Sec. 8711. If an authorized local official issues a citation under section 8707, the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint. If the defendant denies responsibility for…

Sec. 8713. An authorized local official who, knowing the statement is false, makes a materially false statement in a citation issued under section 8707 is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition is in contempt of court.

Sec. 8715. (1) A person to whom a citation is issued under section 8707 shall appear by or at the time specified in the citation and, except as otherwise provided by section 8709(5), may respond to the allegations in the citation as provided in this section. (2) If the defendant …