Bill Text: MI HB4509 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Civil procedure: evictions; limited liability companies; allow members and others with personal knowledge to represent in certain situations. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5707.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2019-06-20 - Referred To Committee On Judiciary And Public Safety [HB4509 Detail]
Download: Michigan-2019-HB4509-Engrossed.html
HB-4509, As Passed House, June 19, 2019
HOUSE BILL No. 4509
April 25, 2019, Introduced by Reps. VanSingel, Calley, Webber and Sheppard and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 5707.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5707. (1) If the complaint in a summary proceeding
requests only the recovery of possession of the premises or both
the recovery of possession and a money judgment, not including
taxable costs, in an amount that is less than the applicable limit
of the small claims division under section 8401, and if a party to
the proceeding is a limited liability company as described in
subsection (2), the party may be represented in the proceeding by a
member if the member has direct and personal knowledge of the facts
alleged in the complaint.
(2) This section only applies if 1 of the following applies to
the limited liability company:
(a) The limited liability company has only 1 member and the
member is an individual.
(b) The limited liability company has only 2 members who are
individuals married to each other, if both members have signed a
verified statement authorizing the representation and the original
signed copy of the statement has been filed with the court in the
summary proceeding. This subdivision does not apply if there is an
action for divorce or separate maintenance pending between the
members, or if a judgment for separate maintenance has been entered
as to the members.
(3) If a party to a summary proceeding is a limited liability
company described in subsection (2)(b), an individual may not
represent the party in a hearing in the summary proceeding unless,
before the hearing, a designated employee of the court reviews the
file and determines that the verified statement required by
subsection (2)(b) has been filed with the court.
(4) A party seeking to proceed under this section has the
burden of proving that it qualifies to do so.
(5) Representation under this section is not a violation of
section 916.
