HOUSE BILL NO. 5784
June 05, 2024, Introduced by Reps. Bierlein, Thompson, Bollin, Kunse, Outman, Aragona, Harris
and DeBoyer and referred to the Committee on Economic Development and Small Business.
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:
1 Sec. 5707. (1) If a party to summary proceedings is a limited
2 liability company as described in subsection (2), the party may be
3 represented in the summary proceedings by a member if the member
4 has direct and personal knowledge of the facts alleged in the
5 complaint.
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1 (2) This section applies only if 1 of the following applies to
2 the limited liability company:
3 (a) The limited liability company has only 1 member and the
4 member is an individual.
5 (b) The limited liability company has only 2 members who are
6 individuals married to each other, if both members have signed a
7 verified statement authorizing the representation and the original
8 signed copy of the statement has been filed with the court in the
9 summary proceedings. This subdivision does not apply if there is an
10 action for divorce or separate maintenance pending between the
11 members, or if a judgment for separate maintenance has been entered
12 as to the members.
13 (3) If a party to summary proceedings is a limited liability
14 company described in subsection (2)(b), an individual may not
15 represent the party in a hearing in the summary proceedings unless,
16 before the hearing, a designated employee of the court reviews the
17 file and determines that the verified statement required by
18 subsection (2)(b) has been filed with the court.
19 (4) A party seeking to proceed under this section has the
20 burden of proving that it qualifies to do so.
21 (5) Representation under this section is not a violation of
22 section 916.
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Statutes affected:
House Introduced Bill: 600.101, 600.9947