HOUSE BILL No. 4940


     October 5, 1999, Introduced by Reps. Raczkowski and LaSata and referred to the
Committee on Family and Civil Law.


        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 attorney at law, except on the attorney's

 2    own behalf, a collection agency or agent or employee of a collec-

 3    tion agency, or a person other than the plaintiff and defendant,

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

 5    part in the filing, prosecution, or defense of litigation in the

 6    small claims division.  HOWEVER, AN ATTORNEY AT LAW MAY APPEAR

 7    FOR THE PLAINTIFF OR DEFENDANT AFTER ENTRY OF A JUDGMENT IN THE

 8    SMALL CLAIMS DIVISION FOR THE PURPOSE OF ENFORCING THAT JUDGMENT.

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

10    plaintiff or defendant may be represented by an officer or


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 1    employee who has direct and personal knowledge of facts in

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

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

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

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

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

 7    directors of a corporation.

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

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

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

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

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

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

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

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

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

17    local or intermediate school district.  In addition, a person may

18    not represent a county, city, village, township, or local or

19    intermediate school district in the small claims division unless

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

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

22    district.

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

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

25    before a district court judge and not a magistrate, or may remove

26    the case from the small claims division to the general civil

27    division of the district court.  If the parties commence a trial



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 1    of the case in the small claims division, both parties waive all

 2    rights mentioned in section 8412.




















































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