730.531 Conciliation division; summons, default, hearings, adjournment.

361 words·~2 min read·/mi/chapter-730/730-531

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Sec. 31.

Any person having a claim within the jurisdiction of the conciliation division of any such court may appear before the clerk or any deputy clerk of such court and state his claim without formality or written pleadings. The clerk shall thereupon issue a summons in substantially the following form:

STATE OF MICHIGAN

The municipal court for the City of ..............................

To ................................

You are notified that (name of plaintiff) has commenced suit against you for (state nature of claim and amount).

Be in the above court on the ............... day of ..............., 19..., at .......... o'clock in the ............ noon, or judgment will be taken against you. Bring witnesses and papers if any. Be prepared for trial at that time.

............................. Clerk

By ................... Deputy Clerk.

The summons shall notify the defendant to appear for trial at a certain time and place not less than 6 nor more than 14 days from the date of issue, and shall be served at least 2 days before the date set therein for trial. The clerk or deputy clerk, on request of the plaintiff, may notify the defendant by telephone or by mail, in which case the clerk's fee for such service shall be 25 cents, for the use of the city. If the defendant does not appear at the date and time set, no judgment shall be taken unless service was had upon him by summons, and the case may be adjourned and summons issued and served personally upon the defendant.

If the defendant does not appear at the date and time set, after personal service of the summons upon him, the clerk shall forthwith enter his default, and the plaintiff may thereupon or at any time within 15 days thereafter prove his claim before a conciliator of the court. Hearings shall be informal and may be private. The conciliator may suspend rules of evidence and may dispense with the swearing of witnesses. There shall be no adjournments unless in the opinion of the conciliator an adjournment is necessary to prevent a miscarriage of justice.

History: Add. 1957, Act 101, Eff. Sept. 27, 1957