Michigan Laws 600.5735 – Summons; hearing
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(1) The court in which a summary proceeding is commenced shall issue a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons shall command the defendant to appear for trial in accordance with the provisions of subsection (2) unless by local court rule the provisions of subsection (4) have been made applicable.
(2) A summons issued under this section shall command the defendant to appear for trial as follows:
Terms Used In Michigan Laws 600.5735
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summary proceedings: means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connection therewith. See Michigan Laws 600.5701
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Within 30 days of the issuance date of the summons in proceedings under section 5726, in which event the summons shall be served not less than 10 days before the date set for trial.
(b) Within 10 days of the issuance date of the summons in all other proceedings, in which event the summons shall be served not less 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 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 command the defendant to appear as follows:
(a) Within 10 days after service of the summons upon the defendant in proceedings under section 5726.
(b) Within 5 days after service of the summons upon 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 summary proceeding shall be heard within 7 days after the defendant’s appearance or trial date and shall 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 be heard at the time of the defendant’s appearance or trial date and shall not be adjourned beyond that time except for extraordinary reasons.