HOUSE BILL NO. 6497

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 5735 and 5738 (MCL 600.5735 and 600.5738), section 5735 as amended by 2004 PA 105, and by adding sections 5740 and 5740a.

the people of the state of michigan enact:

Sec. 5735. (1) The court in which a summary proceeding is commenced shall issue a summons , which immediately on filing the complaint. The summons may be served on the defendant by any officer or person authorized to serve process of the court. The summons shall must command the defendant to appear for trial before a judge or district court magistrate in accordance with the provisions of subsection (2) unless by local court rule the provisions of subsection (4) have has been made applicable.

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

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

(b) Within 10 days of after the issuance date of the summons in all other proceedings, in which event the summons shall must be served not less later 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 must 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 must command the defendant to appear as follows:

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

(b) Within 5 days after service of the summons upon on 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 A summary proceeding shall must be heard within 7 days after the defendant's appearance or trial date and shall must 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 must be heard at the time of the defendant's appearance or trial date and shall must not be adjourned beyond that time except for extraordinary reasons.

(8) A summons issued under this section must include information regarding the availability of legal aid and rental or other housing assistance.

(9) A complaint filed under this section for possession of a leased residential property must state the rental property has been kept fit for the use intended and in reasonable repair, unless modified by lease.

Sec. 5738. (1) Any party to A plaintiff in summary proceedings may demand a trial by jury within the time and manner provided by court rule. in the initial filing with the court, and must pay the jury fee at that time, or the right to trial by jury is waived.

(2) A defendant in summary proceedings may demand a trial by jury in the first responsive pleading or first appearance in court and must pay the jury fee at that time, or the right to trial by jury is waived. If a defendant demands a trial by jury, the defendant must escrow prospective rent. The court may waive the escrow required under this subsection on the defendant proving financial hardship.

(3) Procedures for selecting , and impaneling and otherwise governing jurors in such summary proceedings shall be are the same as for a trial by jury in other civil actions in the same court.

Sec. 5740. (1) If the defendant fails to appear as ordered in a summons issued under section 5735, the judge shall enter a default judgment against the defendant under section 5741.

(2) If the defendant appears as ordered in a summons issued under section 5735 and there is no triable issue, the judge shall take proofs and enter a