600.6431 Court of claims; notice of intention to file claim; requirements; time; verification; copies; applicability to claims for compensation under the wrongful impriso

358 words·~2 min read·/mi/chapter-600/600-6431

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

600.6431 Court of claims; notice of intention to file claim; requirements; time; verification; copies; applicability to claims for compensation under the wrongful imprisonment compensation act.

Sec. 6431.

(1)Except as otherwise provided in this section, a claim may not be maintained against this state unless the claimant, within 1 year after the claim has accrued, files in the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim against this state or any of its departments, commissions, boards, institutions, arms, or agencies.

(2)A claim or notice under subsection

(1)must contain all of the following:

(a)A statement of the time when and the place where the claim arose.

(b)A detailed statement of the nature of the claim and of the items of damage alleged or claimed to have been sustained.

(c)A designation of any department, commission, board, institution, arm, or agency of the state involved in connection with the claim.

(d)A signature and verification by the claimant before an officer authorized to administer oaths.

(3)A claimant shall furnish copies of a claim or notice filed under subsection

(1)to the clerk at the time of filing for transmittal to the attorney general and to each of the departments, commissions, boards, institutions, arms, or agencies of this state designated in the claim or notice.

(4)For a claim against this state for property damage or personal injuries, the claimant shall file the claim or notice under subsection

(1)with the clerk of the court of claims within 6 months after the event that gives rise to the claim.

(5)This section does not apply to a claim for compensation under the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2020, Act 42 , Imd. Eff. Mar. 3, 2020

Compiler's Notes: Enacting section 1 of Act 42 of 2020 provides:"Enacting section 1. Section 6431 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6431, as amended by this amendatory act, applies retroactively to March 29, 2017."