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Michigan Statutes, Title 780

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Michigan/Statutes

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Title 780, CRIMINAL PROCEDURE

31 chapters · 352 sections in this title.

All chapters in Title 780352 Ch 87-of-1985, WILLIAM VAN REGENMORTER CRIME VICTIM…104 Ch 8-of-1952, REVISED UNIFORM RECIPROCAL ENFORCEME…46 Ch 144-of-1937, UNIFORM CRIMINAL EXTRADITION ACT32 Ch 93-of-2013, MICHIGAN INDIGENT DEFENSE COMMISSION ACT24 Ch 213-of-1965, SETTING ASIDE CONVICTIONS13 Ch 257-of-1966, BAIL FOR TRAFFIC OFFENSES OR MISDEME…13 Ch 301-of-2020, ADDRESS CONFIDENTIALITY PROGRAM ACT12 Ch 196-of-1989, CRIME VICTIMS RIGHTS SERVICES11 Ch 620-of-1978, APPELLATE DEFENDER ACT11 Ch 44-of-1961, RELEASE OF MISDEMEANOR PRISONERS10 Ch 161-of-1967, UNIFORM RENDITION OF PRISONERS AS WI…10 Ch 189-of-1966, SEARCH WARRANTS10 Ch 85-of-2017, LAW ENFORCEMENT BODY-WORN CAMERA PRI…8 Ch 141-of-1961, INTERSTATE AGREEMENT ON DETAINERS8

352 sections·Filtered byTitle 780✕

Mich. Comp. Laws § 780.921 Transfer of powers and duties of crime victim services commission from the department of management and budget to the department of community health by type II transfer.
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WHEREAS, Article V, Section 1 of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and WHEREAS, Article V, Section 2 of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the ex…
Mich. Comp. Laws § 780.151 Short title.
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Sec. 1. This act shall be known and may be cited as the "revised uniform reciprocal enforcement of support act".
Mich. Comp. Laws § 780.152 Purposes of act; construction.
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Sec. 2. (1) The purposes of this act are to improve, extend, and make uniform by reciprocal legislation the enforcement of duties of support. (2) This act shall be construed to effectuate its general purpose to make uniform the law of those states which enact comparable legislati…
Mich. Comp. Laws § 780.153 Meanings of words and phrases.
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Sec. 3. For the purposes of this act, unless the context requires otherwise, the words and phrases defined in sections 3a and 3b have the meanings ascribed to them in those sections.

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Mich. Comp. Laws § 780.153a Definitions; C to O.

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Sec. 3a. (1) "Court" means the appropriate circuit court of this state and, when the context requires, means the appropriate court of any other state as defined in a substantially similar reciprocal law. (2) "Duty of support" means any duty of support owed to an obligee whether i…

Mich. Comp. Laws § 780.153b Definitions; P to S.

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Sec. 3b. (1) "Prosecuting attorney" means the public official in the appropriate jurisdiction who has the duty to enforce criminal laws relating to the failure to provide for the support of a person. (2) "Register" means to file in the registry of foreign support orders. (3) "Reg…

Mich. Comp. Laws § 780.154 Remedies additional.

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Sec. 4. The remedies herein provided are in addition to and not in substitution for any other remedies.

Mich. Comp. Laws § 780.155 Duties of support generally.

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Sec. 5. Duties of support arising under the law of this state, when applicable under section 8, bind the obligor present in this state regardless of the presence or residence of the obligee.

Mich. Comp. Laws § 780.156 Powers of governor.

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Sec. 6. The governor of this state may: (a) Demand of the governor of another state the surrender of a person found in that state who is charged in this state with the crime of failing to provide for the support of any person. (b) Surrender on demand by the governor of another st…

Mich. Comp. Laws § 780.156a Conditions to making demand upon governor; delaying or declining honoring of demand.

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Sec. 6a. (1) Before making the demand upon the governor of another state for the surrender of a person charged criminally in this state with failing to provide for the support of a person, the governor of this state may require any prosecuting attorney of this state to satisfy hi…

Mich. Comp. Laws § 780.157 Obligor relieved of extradition; requirements.

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Sec. 7. Any obligor contemplated by sections 6 and 6a, who submits to the jurisdiction of the court of such other state and complies with the court's order of support, shall be relieved of extradition for desertion or nonsupport entered in the courts of this state during the peri…

Mich. Comp. Laws § 780.158 Applicable duties of support; presumption.

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Sec. 8. Duties of support applicable under this act are those imposed or imposable under the laws of any state where the obligor was present for the period during which support is sought. The obligor is presumed to have been present in the responding state during the period for w…

Mich. Comp. Laws § 780.159 Reimbursement of state or political subdivision.

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Sec. 9. If a state or a political subdivision furnishes support to an individual obligee, it has the same right to initiate a proceeding under this act as the individual obligee for the purpose of securing reimbursement for support furnished and of obtaining continuing support.

Mich. Comp. Laws § 780.159a Enforcement of duties of support; defense of immunity not available.

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Sec. 9a. All duties of support, including the duty to pay arrearages, are enforceable by a proceeding under this act including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is…

Mich. Comp. Laws § 780.160 Jurisdiction; venue.

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Sec. 10. (1) Jurisdiction of any proceeding in this state under this act is vested in the circuit court. (2) The proper venue if this state is acting as an initiating state is in the county in which the petitioner resides or in which a valid prior and existing support order has b…

Mich. Comp. Laws § 780.160a Representation of obligee by prosecuting attorney; agreement to transfer prosecutor's responsibilities; conduct of proceeding on behalf of state.

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Sec. 10a. (1) If this state is acting as an initiating state, the prosecuting attorney, upon the request of the state department of human services, shall represent the obligee in any proceeding under this act. (2) The prosecuting attorney and the department of human services may …

Mich. Comp. Laws § 780.161 Petition; verification; contents; filing; accepting or forwarding petition.

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Sec. 11. (1) The petition shall be verified and shall state the name and, so far as known to the obligee, the address and circumstances of the obligor and the persons for whom support is sought and all other pertinent information. The obligee may include in or attach to the petit…

Mich. Comp. Laws § 780.161a Petition on behalf of minor obligee; execution and filing.

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Sec. 11a. A petition on behalf of a minor obligee may be executed and filed without appointment of the petitioner as guardian ad litem or next friend.

Mich. Comp. Laws § 780.162 Certification of petition; sending forms package and copy of act to interstate central registry; certification requirements.

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Sec. 12. If the initiating court finds that the petition sets forth facts from which it may be determined that the obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the obligor or the obligor's property, the initiating court shall …

Mich. Comp. Laws § 780.162a Belief that obligor may flee jurisdiction; procedure.

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Sec. 12a. If the court of this state believes that the obligor may flee the jurisdiction, it may: (a) As an initiating court, request in its certificate that the responding court obtain the body of the obligor by appropriate process. (b) As a responding court, obtain the body of …

Mich. Comp. Laws § 780.162b Duties of office of child support; use of state locator service.

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Sec. 12b. (1) The office of child support of the state department of human services is designated as the state information agency and the interstate central registry under this act, and it shall do all of the following: (a) Distribute copies of any amendments to the act and a sta…

Mich. Comp. Laws § 780.163 Court acting as responding court; docketing case; notification; jurisdiction by court over obligor or obligor's property; utilization of child support formula.

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Sec. 13. (1) When the court of this state, acting as a responding court, receives from the interstate central registry of this state copies of the petition, certificate, and act, the clerk of the court shall docket the case and notify the prosecuting attorney of the county, an at…

Mich. Comp. Laws § 780.163a Inability to obtain jurisdiction; duties of prosecuting attorney, attorney employed or contracted, or friend of the court; forwarding documents.

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Sec. 13a. If, because of inaccuracies in the petition or otherwise, the court cannot obtain jurisdiction, the prosecuting attorney, an attorney employed or contracted under section 10a(2), or the friend of the court shall inform the court of what he or she has done to locate the …

Mich. Comp. Laws § 780.163b Manner of conducting proceedings.

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Sec. 13b. The court, except as provided otherwise in this act, shall conduct proceedings under this act in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed.

Mich. Comp. Laws § 780.163c Evidence as to duty of support.

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Sec. 13c. If the obligee is not present at the hearing and the obligor offers evidence constituting a defense which the court does not consider frivolous, upon the request of either party, the court shall continue the hearing to permit evidence relative to the duty of support. Th…

Mich. Comp. Laws § 780.164 Support order; payments; amount; deviation from formula.

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Sec. 14. (1) If the court of this state when acting as a responding court finds a duty of support, the court may order the obligor to furnish support and subject the property of the obligor to the order. The support order shall require that payments be made to the office of the f…

Mich. Comp. Laws § 780.165 Sending copy of support order to initiating court.

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Sec. 15. The court of this state when acting as a responding court shall cause a copy of all support orders to be sent to the initiating court.

Mich. Comp. Laws § 780.166 Terms and conditions assuring compliance; enforcement of support order.

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Sec. 16. (1) In addition to the foregoing powers, the court of this state when acting as a responding court may subject the obligor to any terms and conditions proper to assure compliance with its orders. (2) A support order entered by the court of this state when acting as a res…

Mich. Comp. Laws § 780.166a Adjudicating issue of paternity.

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Sec. 16a. The court of this state when acting as a responding court may adjudicate the issue of paternity if both of the following apply: (a) Paternity has not been legally acknowledged, previously adjudicated, or established by marriage. (b) The obligor asserts as a defense that…

Mich. Comp. Laws § 780.167 Duties of court carried out through office of friend of court.

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Sec. 17. The court of this state, when acting as a responding court, has the following duties which may be carried out through the office of the friend of the court: (a) To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or othe…

Mich. Comp. Laws § 780.168 Receipt and disbursement of payments; valid prior and existing support order; carrying out duties.

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Sec. 18. (1) Except as provided in subsection (2), the court of this state, when acting as an initiating court, shall receive and disburse immediately all payments made by the obligor or sent by the responding court. (2) If a valid prior and existing support order has been issued…

Mich. Comp. Laws § 780.169 Husband and wife; privilege against disclosure inapplicable; competent witnesses; compelling testimony.

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Sec. 19. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this act. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage.

Mich. Comp. Laws § 780.169a Pending or prior action or proceeding; hearing; issuance of support order pendente lite; bond; conforming support order to amount allowed in other action or proceeding; staying enforcement prohibited.

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Sec. 19a. A responding court shall not stay the proceeding or refuse a hearing under this act because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody in this or any other state. The court shall hold…

Mich. Comp. Laws § 780.170 Fees and costs.

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Sec. 20. An initiating court shall not require payment of either a filing fee or other costs from the obligee but may request the responding court to collect fees and costs from the obligor. A responding court shall not require payment of a filing fee or other costs from the obli…

Mich. Comp. Laws § 780.171 Nullification of support orders; crediting amounts paid.

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Sec. 21. A support order made by a court of this state pursuant to this act does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially simila…

Mich. Comp. Laws § 780.172 Jurisdiction not conferred by participation in proceeding.

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Sec. 22. Participation in any proceeding under this act does not confer jurisdiction upon any court over any of the parties to the proceeding in any other proceeding.

Mich. Comp. Laws § 780.174 Foreign state as reciprocating state; declaration; revocation.

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Sec. 24. Where the director of social services is satisfied that reciprocal provisions will be made by any foreign state for the enforcement in that foreign state of support orders made within this state, the director of social services, with the approval of the attorney general,…

Mich. Comp. Laws § 780.175 Appeal.

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Sec. 25. If the attorney general or the director of social services is of the opinion that a support order is erroneous and presents a question of law warranting an appeal in the public interest, the attorney general may, or the director of social services may request the attorne…

Mich. Comp. Laws § 780.176 Additional remedies.

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Sec. 26. If the duty of support is based on a foreign support order, the obligee has additional remedies as provided in sections 27 to 31.

Mich. Comp. Laws § 780.177 Registration of foreign support order.

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Sec. 27. The obligee may register the foreign support order in a court of this state in the manner, with the effect, and for the purposes provided in this act.

Mich. Comp. Laws § 780.178 Registry of foreign support orders.

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Sec. 28. The clerk of the court shall maintain a registry of foreign support orders in which he or she shall file foreign support orders.

Mich. Comp. Laws § 780.179 Registration of valid existing support order or foreign support order by friend of court; confirmation of registered order.

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Sec. 29. (1) If this state is acting as a rendering state, the friend of the court upon the request of the court or the state department of social services shall proceed to register a valid existing support order of this state in the state where the obligor or the property of the…

Mich. Comp. Laws § 780.180 Registration of foreign support order by obligee; transmittal and filing of documents; filing as registration; docketing case; notification of friend of court; mailing or serving notice of registration; copy of registered support order and post office address of obligee; petition to vacate registration or seek other relief; confirmation of registered support order; sending copy of petition to friend of court; hearing; defenses; staying enforcement of order; proof; security.

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Sec. 30. (1) An obligee seeking to register a foreign support order in a court of this state shall transmit to the clerk of the court through the interstate central registry of this state 3 copies of the order, 1 of which shall be certified, with all modifications of the order, 1…

Mich. Comp. Laws § 780.181 Effect and enforcement of confirmed registered foreign support order.

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Sec. 31. (1) If a registered foreign support order has been confirmed, it shall be treated in the same manner as a support order issued by a court of this state. A registered foreign support order has the same effect and is subject to the same procedures, defenses, and proceeding…

Mich. Comp. Laws § 780.181a Foreign support order; transmittal of support payments to friend of court or state disbursement unit; duties of friend of court or SDU; filing copy of foreign support order.

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Sec. 31a. (1) If there is no Michigan support order but there is a foreign support order, upon request of the obligee or the family independence agency if support has been assigned to it, the friend of the court in the county where the obligee resides shall inform the source of s…

Mich. Comp. Laws § 780.182 Adjudicating issue of support only; jurisdiction.

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Sec. 32. (1) A proceeding under this act shall adjudicate only the issue of support and shall not adjudicate an issue of custody or parenting time. (2) Nothing in this act shall prevent a court which has prior continuing jurisdiction over the parties in matters of support, custod…

Mich. Comp. Laws § 780.183 Representation of obligee by attorney general or private legal counsel.

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Sec. 33. (1) If this state is the initiating, responding, rendering, or registering state in proceedings under this act, and the prosecuting attorney, an attorney employed or contracted under section 10a(2), or the friend of the court neglects or refuses to represent the obligee,…

Mich. Comp. Laws § 780.581 Taking person arrested without warrant for misdemeanor or violation of ordinance before magistrate; bond; receipt; holding certain arrested persons in holding cell, holding center, lockup, or county jail; “political subdivision” defined.

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Sec. 1. (1) If a person is arrested without a warrant for a misdemeanor or a violation of a city, village, or township ordinance, and the misdemeanor or violation is punishable by imprisonment for not more than 1 year, or by a fine, or both, the officer making the arrest shall ta…

Mich. Comp. Laws § 780.582 Arrest with warrant for misdemeanor or violation of ordinance; penalty; interim bond.

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Sec. 2. Except as otherwise provided in section 2a, if a person is arrested with a warrant for a misdemeanor or a violation of a city, village, or township ordinance, and the misdemeanor or violation is punishable by imprisonment for not more than 1 year or by a fine, or both, th…

Mich. Comp. Laws § 780.582a Holding period; protective or release conditions.

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Sec. 2a. (1) A person shall not be released on an interim bond as provided in section 1 or on his or her own recognizance as provided in section 3a, but shall be held until he or she can be arraigned or have interim bond set by a judge or district court magistrate if either of th…