HOUSE BILL No. 6260


     August 13, 2002, Introduced by Rep. Howell 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 sections 601 and 841 (MCL 600.601 and 600.841), sec-

   tion 601 as amended by 1996 PA 388 and section 841 as amended by

   2000 PA 56, and by adding chapter 4 and section 8304.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    CHAPTER 4

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                       TRIAL COURT CONCURRENT JURISDICTION

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             SEC. 401.  (1) WITHIN A COUNTY OR JUDICIAL CIRCUIT, SUBJECT

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        TO APPROVAL BY THE STATE SUPREME COURT AND SUBJECT TO THE LIMITA-

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        TIONS CONTAINED IN SECTIONS 410, 601, 841, AND 8304, A PLAN OF

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        CONCURRENT JURISDICTION MAY BE ADOPTED BY THE FOLLOWING JUDGES

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        FOR THE PARTICIPATING TRIAL COURTS IN THAT COUNTY OR JUDICIAL

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        CIRCUIT:




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             (A) THE CHIEF CIRCUIT JUDGE, THE CHIEF PROBATE JUDGE, AND

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        THE CHIEF DISTRICT JUDGE.

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             (B) THE CHIEF CIRCUIT JUDGE AND THE CHIEF PROBATE JUDGE.

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             (C) THE CHIEF CIRCUIT JUDGE AND THE CHIEF DISTRICT JUDGE.

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             (2) A PLAN OF CONCURRENT JURISDICTION MAY PROVIDE FOR 1 OR

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        MORE OF THE FOLLOWING:

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             (A) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (B) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE DISTRICT COURT.

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             (C) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.

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             (D) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE DISTRICT COURT.

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             (E) THE DISTRICT COURT AND 1 OR MORE DISTRICT JUDGES MAY

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        EXERCISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.

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             (F) THE DISTRICT COURT AND 1 OR MORE DISTRICT JUDGES MAY

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        EXERCISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (3) A PLAN OF CONCURRENT JURISDICTION SHALL PROVIDE FOR THE

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        TRANSFER OR ASSIGNMENT OF CASES BETWEEN THE TRIAL COURTS AFFECTED

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        BY THE PLAN AND TO INDIVIDUAL JUDGES OF THOSE COURTS AS NECESSARY

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        TO IMPLEMENT THE PLAN AND TO FAIRLY DISTRIBUTE THE WORKLOAD AMONG

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        THOSE JUDGES.

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             (4) A PLAN OF CONCURRENT JURISDICTION SHALL BECOME EFFECTIVE

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        ON THE FIRST DAY OF THE MONTH AT LEAST 90 DAYS AFTER THE APPROVAL

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        OF THE PLAN BY THE SUPREME COURT.





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             (5) THIS SECTION DOES NOT APPLY TO THE COUNTIES OF GENESEE,

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        INGHAM, KENT, MACOMB, OAKLAND, WASHTENAW, AND WAYNE, WHICH HAVE

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        DISTRICT COURT DISTRICTS OF THE THIRD CLASS.

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             SEC. 405.  SECTIONS 406, 407, AND 408 PROVIDE OPTIONS FOR

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        ADOPTION OF A PLAN OF CONCURRENT JURISDICTION IN THE COUNTIES OF

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        GENESEE, INGHAM, KENT, MACOMB, OAKLAND, WASHTENAW, AND WAYNE,

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        WHICH HAVE DISTRICT COURT DISTRICTS OF THE THIRD CLASS.

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             SEC. 406.  (1) WITHIN THE COUNTIES OF GENESEE, INGHAM, KENT,

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        MACOMB, OAKLAND, WASHTENAW, AND WAYNE, THE CHIEF CIRCUIT JUDGE

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        AND THE CHIEF PROBATE JUDGE, SUBJECT TO APPROVAL BY THE STATE

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        SUPREME COURT AND SUBJECT TO THE LIMITATIONS CONTAINED IN SEC-

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        TIONS 410, 601, 841, AND 8304, MAY ADOPT A PLAN OF CONCURRENT

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        JURISDICTION FOR THE CIRCUIT COURT AND PROBATE COURT IN THAT

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        COUNTY.

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             (2) A PLAN OF CONCURRENT JURISDICTION UNDER THIS SECTION MAY

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        PROVIDE FOR 1 OR MORE OF THE FOLLOWING:

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             (A) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (B) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.

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             (3) A PLAN OF CONCURRENT JURISDICTION SHALL PROVIDE FOR THE

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        TRANSFER OR ASSIGNMENT OF CASES BETWEEN THE TRIAL COURTS AFFECTED

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        BY THE PLAN AND TO INDIVIDUAL JUDGES OF THOSE COURTS AS NECESSARY

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        TO IMPLEMENT THE PLAN AND TO FAIRLY DISTRIBUTE THE WORKLOAD AMONG

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        THOSE JUDGES.







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             (4) A PLAN OF CONCURRENT JURISDICTION SHALL BECOME EFFECTIVE

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        ON THE FIRST DAY OF THE MONTH AT LEAST 90 DAYS AFTER THE APPROVAL

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        OF THE PLAN BY THE SUPREME COURT.

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             SEC. 407.  (1) WITHIN THE COUNTIES OF GENESEE, INGHAM, KENT,

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        MACOMB, OAKLAND, AND WASHTENAW, THE CHIEF CIRCUIT JUDGE, THE

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        CHIEF PROBATE JUDGE, AND THE CHIEF DISTRICT JUDGE IN THE

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        COUNTY-FUNDED DISTRICT COURT DISTRICT, SUBJECT TO APPROVAL BY THE

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        STATE SUPREME COURT AND SUBJECT TO THE LIMITATIONS CONTAINED IN

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        SECTIONS 410, 601, 841, AND 8304, MAY ADOPT A PLAN OF CONCURRENT

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        JURISDICTION FOR THE PARTICIPATING TRIAL COURTS IN THAT COUNTY.

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             (2) A PLAN OF CONCURRENT JURISDICTION UNDER THIS SECTION MAY

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        PROVIDE FOR 1 OR MORE OF THE FOLLOWING:

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             (A) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (B) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE DISTRICT COURT WITHIN THE

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        COUNTY-FUNDED DISTRICT COURT DISTRICT.

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             (C) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.

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             (D) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE DISTRICT COURT WITHIN THE

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        COUNTY-FUNDED DISTRICT COURT DISTRICT.

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             (E) THE DISTRICT COURT AND 1 OR MORE DISTRICT JUDGES IN THE

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        COUNTY-FUNDED DISTRICT COURT DISTRICT WITHIN THE COUNTY MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.







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             (F) THE DISTRICT COURT AND 1 OR MORE DISTRICT JUDGES IN THE

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        COUNTY-FUNDED DISTRICT COURT DISTRICT WITHIN THE COUNTY MAY

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        EXERCISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (3) A PLAN OF CONCURRENT JURISDICTION SHALL PROVIDE FOR THE

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        TRANSFER OR ASSIGNMENT OF CASES BETWEEN THE TRIAL COURTS AFFECTED

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        BY THE PLAN AND TO INDIVIDUAL JUDGES OF THOSE COURTS AS NECESSARY

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        TO IMPLEMENT THE PLAN AND TO FAIRLY DISTRIBUTE THE WORKLOAD AMONG

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        THOSE JUDGES.

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             (4) A PLAN OF CONCURRENT JURISDICTION SHALL BECOME EFFECTIVE

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        ON THE FIRST DAY OF THE MONTH AT LEAST 90 DAYS AFTER THE APPROVAL

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        OF THE PLAN BY THE SUPREME COURT.

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             SEC. 408.  (1) WITHIN THE COUNTIES OF GENESEE, INGHAM, KENT,

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        MACOMB, OAKLAND, WASHTENAW, AND WAYNE, THE CHIEF CIRCUIT JUDGE,

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        THE CHIEF PROBATE JUDGE, AND THE CHIEF DISTRICT JUDGE IN 1 OR

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        MORE DISTRICT COURT DISTRICTS WITHIN THE COUNTY, SUBJECT TO

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        APPROVAL BY THE STATE SUPREME COURT AND SUBJECT TO THE LIMITA-

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        TIONS CONTAINED IN SECTIONS 410, 601, 841, AND 8304, MAY ADOPT A

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        PLAN OF CONCURRENT JURISDICTION FOR THE PARTICIPATING TRIAL

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        COURTS IN THAT COUNTY.

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             (2) A PLAN OF CONCURRENT JURISDICTION UNDER THIS SECTION MAY

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        PROVIDE FOR 1 OR MORE OF THE FOLLOWING:

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             (A) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (B) THE CIRCUIT COURT AND 1 OR MORE CIRCUIT JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE DISTRICT COURT WITHIN THE

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        PARTICIPATING DISTRICT COURT DISTRICTS WITHIN THE COUNTY.





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             (C) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY

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        EXERCISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.

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             (D) THE PROBATE COURT AND 1 OR MORE PROBATE JUDGES MAY EXER-

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        CISE THE POWER AND JURISDICTION OF THE DISTRICT COURT WITHIN THE

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        PARTICIPATING DISTRICT COURT DISTRICTS WITHIN THE COUNTY.

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             (E) THE DISTRICT COURT AND 1 OR MORE DISTRICT JUDGES IN THE

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        PARTICIPATING DISTRICT COURT DISTRICTS WITHIN THE COUNTY MAY

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        EXERCISE THE POWER AND JURISDICTION OF THE CIRCUIT COURT.

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             (F) THE DISTRICT COURT AND 1 OR MORE DISTRICT JUDGES IN THE

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        PARTICIPATING DISTRICT COURT DISTRICTS WITHIN THE COUNTY MAY

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        EXERCISE THE POWER AND JURISDICTION OF THE PROBATE COURT.

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             (3) A PLAN OF CONCURRENT JURISDICTION SHALL PROVIDE FOR THE

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        TRANSFER OR ASSIGNMENT OF CASES BETWEEN THE TRIAL COURTS AFFECTED

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        BY THE PLAN AND TO INDIVIDUAL JUDGES OF THOSE COURTS AS NECESSARY

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        TO IMPLEMENT THE PLAN AND TO FAIRLY DISTRIBUTE THE WORKLOAD AMONG

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        THOSE JUDGES.

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             (4) A PLAN OF CONCURRENT JURISDICTION INVOLVING DISTRICT

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        COURT DISTRICTS OF THE THIRD CLASS MAY INCLUDE AN AGREEMENT AS TO

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        THE ALLOCATION OF COURT REVENUE, OTHER THAN REVENUE PAYABLE BY

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        STATUTE TO LIBRARIES OR STATE FUNDS, AND COURT EXPENSES.  THIS

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        AGREEMENT IS SUBJECT TO APPROVAL BY THE COUNTY BOARD OF COMMIS-

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        SIONERS AND BY THE FUNDING UNITS OF EACH PARTICIPATING DISTRICT

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        OF THE THIRD CLASS.

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             (5) A PLAN OF CONCURRENT JURISDICTION SHALL BECOME EFFECTIVE

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        ON THE FIRST DAY OF THE MONTH AT LEAST 90 DAYS AFTER THE APPROVAL

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        OF THE PLAN BY THE SUPREME COURT.





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             SEC. 410.  A PLAN OF CONCURRENT JURISDICTION ADOPTED UNDER

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        THIS CHAPTER OR CHAPTER 10 SHALL NOT INCLUDE A DELEGATION OF ANY

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        OF THE FOLLOWING:

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             (A) A POWER OF APPOINTMENT TO A PUBLIC OFFICE DELEGATED BY

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        CONSTITUTION OR STATUTE TO THE CIRCUIT COURT OR A CIRCUIT JUDGE.

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             (B) A POWER OF APPOINTMENT TO A PUBLIC OFFICE DELEGATED BY

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        CONSTITUTION OR STATUTE TO THE PROBATE COURT OR A PROBATE JUDGE.

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             (C) A POWER OF APPOINTMENT TO A PUBLIC OFFICE DELEGATED BY

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        CONSTITUTION OR STATUTE TO THE DISTRICT COURT OR A DISTRICT

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        JUDGE.

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             SEC. 415.  A PLAN OF CONCURRENT JURISDICTION SHALL INCLUDE

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        AN AGREEMENT BETWEEN THE CHIEF CIRCUIT JUDGE AND THE CHIEF PRO-

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        BATE JUDGE OR JUDGES IN A JUDICIAL CIRCUIT AS PROVIDED IN

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        CHAPTER 10 REGARDING THE CASES DESCRIBED IN SECTION 1021.

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             SEC. 420.  A PLAN OF CONCURRENT JURISDICTION MAY INCLUDE AN

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        AGREEMENT AS TO HOW RECORDS OF THE CIRCUIT COURT, PROBATE COURT,

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        AND DISTRICT COURT IN THE COUNTY SHALL BE MAINTAINED AND HOW

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        RECORDS SHALL BE TRANSFERRED TO A JUDGE OF A DIFFERENT COURT

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        HEARING THE MATTER AS A RESULT OF CONCURRENT JURISDICTION AND THE

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        ASSIGNMENT OF THE CASE TO THAT JUDGE.  AN AGREEMENT UNDER THIS

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        SECTION IS NOT EFFECTIVE UNLESS APPROVED BY THE COUNTY CLERK.

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             Sec. 601.  (1) The circuit court has the power and

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        jurisdiction:

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             (a) Possessed by courts of record at the common law, as

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        altered by the state constitution of 1963, the laws of this

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        state, and the rules of the supreme court.





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             (b) Possessed by courts and judges in chancery in England on

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        March 1, 1847, as altered by the state constitution of 1963, the

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        laws of this state, and the rules of the supreme court.

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             (c) Prescribed by the rules of the supreme court.

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             (2) The circuit court has exclusive jurisdiction over con-

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        demnation cases commenced under the drain code of 1956,  Act

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        No. 40 of the Public Acts of 1956, being sections 280.1 to

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        280.630 of the Michigan Compiled Laws  1956 PA 40, MCL 280.1 TO

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        280.630.

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             (3) IN A JUDICIAL CIRCUIT IN WHICH THE CIRCUIT COURT IS

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        AFFECTED BY A PLAN OF CONCURRENT JURISDICTION ADOPTED UNDER CHAP-

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        TER 4, THE CIRCUIT COURT HAS CONCURRENT JURISDICTION WITH THE

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        PROBATE COURT OR THE DISTRICT COURT, OR BOTH, AS PROVIDED IN THE

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        PLAN OF CONCURRENT JURISDICTION, EXCEPT AS TO THE FOLLOWING

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        MATTERS:

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             (A) THE PROBATE COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER

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        TRUST AND ESTATE MATTERS.

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             (B) THE DISTRICT COURT SHALL HAVE EXCLUSIVE JURISDICTION

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        OVER SMALL CLAIMS AND CIVIL INFRACTION ACTIONS.

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             (4)  (3)  The family division of circuit court has jurisdic-

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        tion as provided in chapter 10.

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             Sec. 841.  (1) The probate court has jurisdiction and power

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        as follows:

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             (a) As conferred upon it under the estates and protected

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        individuals code, 1998 PA 386, MCL 700.1101 to 700.8102.

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             (b) As conferred upon it under the mental health code, 1974

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        PA 258, MCL 330.1001 to 330.2106.



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             (c) As conferred upon it under this act.

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             (d) As conferred upon it under another law or compact.

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             (2) IN A JUDICIAL CIRCUIT IN WHICH THE PROBATE COURT IS

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        AFFECTED BY A PLAN OF CONCURRENT JURISDICTION ADOPTED UNDER CHAP-

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        TER 4, THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE

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        CIRCUIT COURT OR THE DISTRICT COURT, OR BOTH, AS PROVIDED IN THE

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        PLAN OF CONCURRENT JURISDICTION, EXCEPT AS TO THE FOLLOWING

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        MATTERS:

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             (A) THE CIRCUIT COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER

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        APPEALS FROM THE DISTRICT COURT AND FROM ADMINISTRATIVE AGENCIES

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        AS AUTHORIZED BY LAW.

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             (B) THE CIRCUIT COURT SHALL HAVE EXCLUSIVE JURISDICTION AND

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        POWER TO ISSUE, HEAR, AND DETERMINE PREROGATIVE AND REMEDIAL

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        WRITS CONSISTENT WITH SECTION 13 OF ARTICLE VI OF THE STATE CON-

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        STITUTION OF 1963.

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             (C) THE CIRCUIT COURT SHALL HAVE EXCLUSIVE JURISDICTION TO

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        HEAR AND DECIDE MATTERS WITHIN THE JURISDICTION OF THE COURT OF

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        CLAIMS UNDER CHAPTER 64.

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             (D) THE DISTRICT COURT SHALL HAVE EXCLUSIVE JURISDICTION

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        OVER SMALL CLAIMS AND CIVIL INFRACTION ACTIONS.

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             SEC. 8304.  IN A DISTRICT COURT DISTRICT IN WHICH THE DIS-

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        TRICT COURT IS AFFECTED BY A PLAN OF CONCURRENT JURISDICTION

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        ADOPTED UNDER CHAPTER 4, THE DISTRICT COURT HAS CONCURRENT JURIS-

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        DICTION WITH THE CIRCUIT COURT OR THE PROBATE COURT, OR BOTH, AS

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        PROVIDED IN THE PLAN OF CONCURRENT JURISDICTION, EXCEPT AS TO THE

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        FOLLOWING MATTERS:





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             (A) THE CIRCUIT COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER

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        APPEALS FROM THE DISTRICT COURT AND FROM ADMINISTRATIVE AGENCIES

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        AS AUTHORIZED BY STATUTE.

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             (B) THE CIRCUIT COURT SHALL HAVE EXCLUSIVE JURISDICTION AND

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        POWER TO ISSUE, HEAR, AND DETERMINE PREROGATIVE AND REMEDIAL

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        WRITS CONSISTENT WITH SECTION 13 OF ARTICLE VI OF THE STATE CON-

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        STITUTION OF 1963.

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             (C) THE CIRCUIT COURT SHALL HAVE EXCLUSIVE JURISDICTION TO

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        HEAR AND DECIDE MATTERS WITHIN THE JURISDICTION OF THE COURT OF

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        CLAIMS UNDER CHAPTER 64.

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             (D) THE PROBATE COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER

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        TRUSTS AND ESTATES.

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             Enacting section 1.  This amendatory act takes effect April

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        1, 2003.





























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