Legislative Analysis
Phone: (517) 373-8080
COURT OF CLAIMS: DEADLINE TO FILE
http://www.house.mi.gov/hfa
House Bill 5939 as introduced Analysis available at
Sponsor: Rep. Jim Haadsma http://www.legislature.mi.gov
Committee: Judiciary
Complete to 12-4-24
SUMMARY:
Under Chapter 64 of the Revised Judicature Act, persons may initiate a civil action against the
state or any of its departments or officers by filing in the Court of Claims 1 within one year
after the claim has accrued (i.e., the point in time when the legal cause of action 2 comes into
existence). House Bill 5939 would amend section 6431 of the act to allow civil claims to be
brought against the state either within the current one-year period or within the statute of
limitations applicable to the particular cause of action, whichever is later. 3 The bill would also
add language clarifying that section 6431 applies exclusively to actions brought in the Court
of Claims.
State or any of its departments or officers means any of the following:
• The state.
• Any state governing, legislative, or judicial body, department, commission,
board, institution, arm, or agency of the state.
• An officer, employee, or volunteer of the state or any governing, legislative, or
judicial body, department, commission, board, institution, arm, or agency of
the state acting (or who reasonably believes they are acting) within the scope
of their authority while engaged in or discharging a government function in the
course of their duties.
MCL 600.6431
FISCAL IMPACT:
House Bill 5939 could have an indeterminate fiscal impact on the Court of Claims if provisions
of the bill result in an increase in the number of cases heard by the court.
Legislative Analyst: Aaron A. Meek
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
1
The Court of Claims is the statewide trial court with limited jurisdiction over all civil suits filed against the state or
any of its departments or officers.
2
A cause of action is the set of factual elements that allow for a legal remedy.
3
In Michigan, the statute of limitations on civil claims ranges from three to ten years, depending on the type of claim.
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Statutes affected:
House Introduced Bill: 600.6431