February 1, 2006, Introduced by Rep. Mortimer and referred to the Committee on 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:
Sec. 8408. (1) An attorney at law, except on the attorney's
own behalf, a collection agency or agent or employee of a
collection agency, or a person other than the plaintiff and
defendant,
except as is otherwise provided in this chapter, shall
not take part in the filing, prosecution, or defense of litigation
in the small claims division.
(2) A sole proprietorship, partnership, or corporation as
plaintiff or defendant may be represented by an officer or employee
who has direct and personal knowledge of facts in dispute. If the
officer or employee who has direct and personal knowledge of facts
in dispute is no longer employed by the defendant or plaintiff or
is medically unavailable, the representation may be made by that
person's supervisor, or by the sole proprietor, a partner, or an
officer or a member of the board of directors of a corporation.
(3) A county, city, village, township, or local or
intermediate school district as plaintiff or defendant may be
represented only by an elected or appointed officer or an employee
who has direct and personal knowledge of the facts in dispute. If
the officer or employee who has direct and personal knowledge of
the facts in dispute is no longer an officer or employee of the
plaintiff or defendant, the representation may be made by that
officer's successor or that employee's supervisor, or by a member
of the governing body of the county, city, village, township, or
local or intermediate school district. In addition, a person may
not represent a county, city, village, township, or local or
intermediate school district in the small claims division unless
authorized to appear in the case by the governing body of the
county, city, village, township, or local or intermediate school
district.
(4) In an action brought by a landlord to recover a money
judgment or a security deposit or the balance of a security deposit
under section 13 of 1972 PA 348, MCL 554.613, the landlord may be
represented by a person who meets all of the following
requirements:
(a) Is licensed as a real estate broker, associate real estate
broker, or real estate salesperson under article 25 of the
occupational code, 1980 PA 299, MCL 339.2501 to 339.2518.
(b) Acts as the landlord's agent pursuant to a written
agreement, or is employed by a corporation, partnership, or other
legal entity that acts as the landlord's agent pursuant to a
written agreement, in renting or managing the rental unit for which
the contested security deposit was required.
(c) Has direct and personal knowledge of the facts in dispute.
(5) (4)
Before commencement of a trial, the plaintiff or
defendant may, upon demand, require that the trial be conducted
before a district court judge and not a magistrate, or may remove
the case from the small claims division to the general civil
division of the district court. If the parties commence a trial of
the case in the small claims division, both parties waive all
rights mentioned in section 8412.