HOUSE BILL No. 6262


     August 13, 2002, Introduced by Rep. Hummel 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 8251 (MCL 600.8251), as amended by 1994 PA

   5.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 8251.  (1) In districts of the first class, the court

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        shall sit at each county seat and at each city having a popula-

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        tion of 3,250 or more, except the court  shall  IS not  be

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        required to sit at any city  if it is contiguous to  THAT IS 10

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        MILES OR LESS FROM the county seat or IS contiguous to a city

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        having a greater population.  The court shall also sit at other

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        places as the judges of the district determine.  The court shall

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        sit not less than once each week in each county of a multicounty

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        district.




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             (2) In districts of the second class, the court shall sit at

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        any county seat within the district, and at each city and

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        incorporated village within the district having a population of

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        3,250 or more, except that if 2 or more cities or incorporated

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        villages are contiguous the court need sit only in the city

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        having the greater population.  The court  shall  IS not  be

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        required to sit in any political subdivision if the governing

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        body of that subdivision by resolution and the court agree that

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        the court shall not sit in the political subdivision.  If the

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        district does not contain a county seat and does not contain any

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        city or incorporated village having a population of 3,250 or

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        more, the court shall sit at a place or places within the dis-

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        trict as the judges of the district determine.  In addition to

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        the place or places where the court is required to sit, the court

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        may upon agreement of a majority of the judges of the district

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        and upon approval by resolution of the board of commissioners

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        also sit at the county seat of its district control unit situated

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        outside the district, but the court shall sit not less than once

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        each week within the district.  If the district does not contain

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        any city,  then  the foregoing provisions of this subsection do

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        not apply to the district, and the court shall sit at the county

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        seat of its district control unit situated outside the district.

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        In addition to the place or places where the court is required to

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        sit pursuant to the provisions of this subsection, the court may

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        sit at a place or places within the district as the judges of the

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        district determine.  If the court sits at a county seat situated

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        outside the district pursuant to this subsection, it  shall



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        exercise  HAS the same powers, jurisdiction, and venue as if

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        sitting within the district.

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             (3) In districts of the third class, the court shall sit at

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        each city having a population of 3,250 or more and within each

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        township having a population of 12,000 or more and at other

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        places as the judges of the district determine.  The court

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         shall  IS not  be  required to sit in any political subdivision

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        if the governing body of that subdivision by resolution and the

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        court agree that the court shall not sit in the political

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        subdivision.

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             (4) Each judge of the district shall sit at places within

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        the district as the presiding judge designates.

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             (5) A district judge or district court magistrate may sit at

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        a place outside the district under a multiple district plan pur-

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        suant to section 8320.

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             (6) As used in this section, "population" means population

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        according to the most recent federal decennial census, except

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        that the most recent census shall not apply until the expiration

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        of 18 months from the date on which the census is taken.



















   07184'02          Final page.                            DRM