March 12, 2013, Introduced by Reps. Schor, Price, Rutledge, Talabi, Stallworth, Lyons, Haveman, MacGregor and Victory and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8344 (MCL 600.8344), as amended by 2005 PA 326.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8344. Except as provided in this section, not less than 6
years
after the entry of a judgment in a civil action, including a
summary
proceeding, or in an ordinance violation case or a criminal
case
in the district court, the court may dispose of documents,
records,
recordings, and notes related to that action, except the
register
of actions pursuant to a schedule adopted by the state
administrative
board. The court may order the destruction of
documents,
records, recordings, and notes related to a civil
infraction
action not less than 3 years after the entry of a
finding
in the action. The court may order the destruction of
notes,
tapes, and recordings that have been transcribed and filed
with
the court 1 year after the date of the filing of the
transcript.
The register of actions shall be in a form adequate to
reveal,
in summary fashion, the general nature of the action and
judgment.
After the disposal of the documents, records, recordings,
and
notes, the register of actions or a certified reproduction of
the
register of actions pursuant to the records media act is the
official
record of the action and judgment. The
validity and
enforceability of a judgment are not affected by the destruction of
the piece of paper upon which the judgment is entered, but the
register of actions itself, or a certified reproduction of the
register
of actions pursuant to under
the records reproduction act,
1992 PA 116, MCL 24.401 to 24.406, is a complete replacement of the
judgment and the records of the action. This section applies to
judgments
all of the following:
(a) Judgments of municipal and common pleas courts abolished
after January 1, 1969, if the judgment was entered or the action
disposed
of after January 1, 1969. This section applies to actions
(b) Actions entered in the small claims division of the
district
court, except that a register of actions need is not
required to be preserved or maintained after destruction of the
file.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. ___ or House Bill No. 4416(request no.
00298'13).
(b) Senate Bill No. ___ or House Bill No. 4415(request no.
00299'13).
(c) Senate Bill No. ___ or House Bill No. 4412(request no.
00300'13).
(d) Senate Bill No. ___ or House Bill No. 4413(request no.
00301'13).
(e) Senate Bill No. ___ or House Bill No. 4414(request no.
00303'13).