Act No. 201

Public Acts of 2013

Approved by the Governor

December 18, 2013

Filed with the Secretary of State

December 18, 2013

EFFECTIVE DATE: December 18, 2013

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Rep. Price

ENROLLED HOUSE BILL No. 4532

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 832, 859, and 1427 (MCL 600.832, 600.859, and 600.1427), section 859 as amended by 2005 PA 326.

The People of the State of Michigan enact:

Sec. 832. The clerk of the probate court shall have possession of the seal, records, books, files, and papers belonging to the probate court in the respective county or probate court district and, in accordance with supreme court rules, shall maintain every record created by or filed with the probate court.

Sec. 859. (1) The following testimony before a probate judge shall be recorded:

(a) Testimony in contested matters.

(b) Testimony in matters pertaining to the admission to a hospital or other facility for mentally ill or developmentally disabled persons.

(c) Testimony in matters pertaining to persons having a contagious disease.

(d) Testimony in other matters if requested by an interested party.

(e) Testimony and other proceedings required by supreme court rule.

(2) In matters not governed by subsection (1), testimony before a probate judge, probate register, or deputy probate register may be given orally without a record being made of the testimony.

(3) The court shall keep sufficient index of the testimony and the court shall keep the index and the original notes as prescribed by supreme court rules.

Sec. 1427. All writs, process, proceedings and records in any court within this state shall be in the English language, except that the proper and known names of process, and technical words, may be expressed in the language heretofore and now commonly used, and shall be made out in the manner and on any medium authorized by supreme court rules. If a signature is required on any document filed with or created by a court, that requirement is satisfied by an electronic signature as prescribed by supreme court rules.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4064 of the 97th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor