600.5735 Summons; hearing.

416 words·~2 min read·/mi/chapter-600/600-5735

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Sec. 5735.

(1)The court in which a summary proceeding is commenced shall issue a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons shall command the defendant to appear for trial in accordance with the provisions of subsection

(2)unless by local court rule the provisions of subsection

(4)have been made applicable.

(2)A summons issued under this section shall command the defendant to appear for trial as follows:

(a)Within 30 days of the issuance date of the summons in proceedings under section 5726, in which event the summons shall be served not less than 10 days before the date set for trial.

(b)Within 10 days of the issuance date of the summons in all other proceedings, in which event the summons shall be served not less than 3 days before the date set for trial.

(3)If a summons issued under this section is not served within the time provided by subsection (2), additional summons shall be issued at the plaintiff's request in the same manner and with the same effect as the original summons.

(4)Instead of the provisions of subsection (2), a court by local rule may provide for the application of this subsection to summary proceedings commenced in the court, in which event the summons shall command the defendant to appear as follows:

(a)Within 10 days after service of the summons upon the defendant in proceedings under section 5726.

(b)Within 5 days after service of the summons upon the defendant in all other proceedings.

(5)A summons issued under subsection

(4)remains in effect until served or quashed or until the action is dismissed, but additional summons as needed for service may be issued at any time at the plaintiff's request.

(6)Except as otherwise provided by court rule, a summary proceeding shall be heard within 7 days after the defendant's appearance or trial date and shall not be adjourned beyond that time other than by stipulation of the parties either in writing or on the record.

(7)An action to which section 5714(1)(b) applies shall be heard at the time of the defendant's appearance or trial date and shall not be adjourned beyond that time except for extraordinary reasons.

History: Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2001, Act 162 , Imd. Eff. Nov. 7, 2001 ;-- Am. 2004, Act 105 , Eff. Sept. 1, 2004