HOUSE BILL No. 6534


     December 3, 2002, Introduced by Rep. Bradstreet and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 8408 (MCL 600.8408), as amended by 1991 PA

   192.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
             Sec. 8408.  (1)  An  EXCEPT AS PROVIDED IN THIS CHAPTER,

 2
        ONLY THE PLAINTIFF, THE DEFENDANT, OR A COLLECTION AGENCY OR AN

 3
        AGENT OR EMPLOYEE OF A COLLECTION AGENCY ACTING FOR A PLAINTIFF

 4
        OR DEFENDANT MAY PARTICIPATE IN FILING, PROSECUTING, OR DEFENDING

 5
        LITIGATION IN THE SMALL CLAIMS DIVISION.  EXCEPT AS PROVIDED IN

 6
        THIS CHAPTER, AN attorney at law, except on the attorney's own

 7
        behalf,  a collection agency or agent or employee of a collection

 8
        agency, or a person other than the plaintiff and defendant,

 9
        except as is otherwise provided in this chapter,  shall not take




   05961'01                                                 TDR                                   2

 1
        part in  the  filing,  prosecution, or defense of  PROSECUTING,

 2
        OR DEFENDING litigation in the small claims division.

 3
             (2) A sole proprietorship, partnership, or corporation as

 4
        plaintiff or defendant may be represented by an officer or

 5
        employee who has direct and personal knowledge of facts in

 6
        dispute.  If the officer or employee who has direct and personal

 7
        knowledge of facts in dispute is no longer employed by the

 8
        defendant or plaintiff or is medically unavailable, the represen-

 9
        tation may be  made  by that person's supervisor, or by the sole

10
        proprietor, a partner, or an officer or a member of the board of

11
        directors of a corporation.

12
             (3) A county, city, village, township, or local or interme-

13
        diate school district as plaintiff or defendant may be repre-

14
        sented only by an elected or appointed officer or an employee who

15
        has direct and personal knowledge of the facts in dispute.  If

16
        the officer or employee who has direct and personal knowledge of

17
        the facts in dispute is no longer an officer or employee of the

18
        plaintiff or defendant, the representation may be  made  by that

19
        officer's successor or that employee's supervisor, or by a member

20
        of the governing body of the county, city, village, township, or

21
        local or intermediate school district.  In addition, a  A person

22
        may not represent a county, city, village, township, or local or

23
        intermediate school district in the small claims division unless

24
        authorized to appear in the case by the governing body of the

25
        county, city, village, township, or local or intermediate school

26
        district.





   05961'01                                   3

 1
             (4) Before commencement of a trial, the plaintiff or

 2
        defendant may, upon demand, require that the trial be conducted

 3
        before a district court judge and not a magistrate  ,  or may

 4
        remove the case from the small claims division to the general

 5
        civil division of the district court.  If the parties commence a

 6
        trial of the case in the small claims division, both parties

 7
        waive all rights mentioned in section 8412.










































   05961'01          Final page.                            TDR