Bill Text: MI SB0632 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Courts; jurisdiction; jurisdiction on appeals from orders and judgments of the probate court; provide to the court of appeals. Amends secs. 308, 846, 866 & 867 of 1961 PA 236 (MCL 600.308 et seq.) & repeals secs. 861 & 863 of 1961 PA 236 (MCL 600.861 & 600.863). TIE BAR WITH: HB 5503'16
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-09-06 - Presented To Governor 6/14/2016 @ 12:00 Pm [SB0632 Detail]
Download: Michigan-2015-SB0632-Engrossed.html
SB-0632, As Passed House, June 2, 2016
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 632
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846,
600.866, and 600.867), section 308 as amended by 2013 PA 164 and
section 846 as amended by 1989 PA 70; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 308. (1) The court of appeals has jurisdiction on appeals
from
the following orders and judgments, which are appealable as a
matter
of right:
(a)
All all final judgments and final orders from the
circuit
court,
court of claims, and recorder's probate
court, as those
terms
are defined by law and supreme court rule, except judgments
on
ordinance violations in the traffic and ordinance division of
recorder's
court and final judgments and final orders
described in
subsections (2) and (3). A final judgment or final order described
in this subsection is appealable as a matter of right.
(b)
Those orders of the probate court from which an appeal as
of
right may be taken under section 861.
(2) The court of appeals has jurisdiction on appeal from the
following
orders and judgments that shall be are reviewable only
upon
on application for leave to appeal granted by the court
of
appeals:
(a)
A final judgment or final order made by of the circuit
court under any of the following circumstances:
(i) In an appeal from an order, sentence, or judgment
of the
probate
court under section 863(1) and (2).
(i) (ii) In an
appeal from a final judgment or final
order of
the district court appealed to the circuit court under section
8342.
(ii) (iii) An In
an appeal from a final judgment or final
order of a municipal court.
(iv) In an appeal from an ordinance violation
conviction in
the
traffic and ordinance division of recorder's court of the city
of
Detroit, if the conviction occurred before September 1, 1981.
(b)
An order, sentence, or judgment of the probate court, if
the
probate court certifies the issue or issues under section
863(3).
(c)
A final judgment or order made by the recorder's court of
the
city of Detroit in an appeal from the district court in the
thirty-sixth
district under section 8342(2).
(b) (d)
A final judgment or final order or judgment from the
circuit
court or recorder's court for the city of Detroit based
upon
on a defendant's plea of guilty or nolo contendere.
(c) (e)
Any other judgment or interlocutory
order from the
circuit court, court of claims, business court, or probate court as
determined by supreme court rule.
(3) An order concerning the assignment of a case to the
business
court under chapter 80 shall is
not be appealed appealable
to the court of appeals.
(4) The court of appeals has exclusive original jurisdiction
over any action challenging the validity of section 6404, 6410,
6413, or 6419.
Sec. 846. In an action or proceeding pending in any other
court of this state of which the probate court and the other court
have concurrent jurisdiction, the judge of the other court, upon
motion of a party and after a finding and order on the
jurisdictional issue, may by order remove the action or proceeding
to the probate court. If the action or proceeding is removed to the
probate court, the judge of the other court shall forward to the
probate court the original of all papers in the action or
proceeding and thereafter proceedings shall not be had before the
other
court. , except by appeal or review provided by law or
supreme
court rule, and the action or proceeding shall be
prosecuted
in the probate court as a probate court proceeding.
Sec. 866. (1) All appeals from the probate court shall be on a
written transcript of the record made in the probate court or on a
record settled and agreed to by the parties and approved by the
probate court. An appeal shall not be tried de novo.
(2)
Notice A party appealing
from the probate court shall give
notice
of appeal shall be given to all
interested parties as
provided by supreme court rule.
(3)
Except as otherwise provided in sections 861 to this
section
and section 867, appeals from the
probate court or a judge
thereof
shall be are governed by supreme court rule.
Sec.
867. (1) After an appeal is claimed of right from a
judgment or order of the probate court is filed with the court of
appeals
and notice of the appeal is given at
filed with the probate
court, all further proceedings in pursuance of the judgment, order,
or
sentence, or judgment appealed
from shall cease are
stayed for a
period of 21 days or, if a motion for stay pending appeal is
granted, until the appeal is determined, except as otherwise
provided
in subsection (2), and in section 65(2) of chapter 10 of
Act
No. 288 of the Public Acts of 1939, being section 710.65 of the
Michigan
Compiled Laws.X of the
probate code of 1939, 1939 PA 288,
MCL 710.65, or supreme court rule.
(2)
The pendency of an appeal from the juvenile family
division
of the probate circuit court or from an order of the
probate
court entered pursuant to Act No. 258 of the Public Acts of
1974,
as amended, being sections 330.1001 to 330.2106 of the
Michigan
Compiled Laws shall under the
mental health code, 1974 PA
258, MCL 330.1001 to 330.2106, or sections 5201 to 5319 of the
estates and protected individuals code, 1998 PA 386, MCL 700.5201
to
700.5319, does not suspend stay the
judgment or order unless the
court from which or to which the appeal is taken specifically
orders
the suspension. stay. An application for a delayed appeal
from
an order of the juvenile family
division of the circuit court
shall be filed within 6 months after entry of the judgment or
order.
Enacting section 1. Sections 861 and 863 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.861 and 600.863, are
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect
unless House Bill No. 5503 of the 98th Legislature is enacted into
law.
