Jurisdiction and Venue

Question 1

What are the different Michigan Long Arm Statutes?

Answer 1

1) Tort: defendant does any act or causes any act to be done or consequence to occur in Michigan resulting in a tort from which the lawsuit derives.
2) Business Transaction: the defendant transacts any business in Michigan from which the lawsuit derives.
3) Contract: defendant enters into a contract for services to be rendered or materials to be furnished in Michigan from which the lawsuit derives.
4) Matrimony 5) Insurance 6) Property

Question 2

Michigan Rule on Responding to a Complaint

Answer 2

Defendant must respond within 21 Days of in-state service, but 28 days if served any other way. A party may amend their answer within 14 days of serving said answer.

Question 3

Michigan Jurisdiction Essay Approach

Answer 3

1. Is general jurisdiction present? - it is present if the D is domiciled under the law of MI, consents, or is present in the state
2. If general jurisdiction is not present, does the Michigan long arm statute grant jurisdiction? - it allows a P to sue a D who transacts business, enters into a contract for services to be performed in state or commits a tort in state.
3. If yes, is MI jurisdiction still constitutional under Due Process Clause?

a. whether defendant purposely availed itself of the privilege of conducting activities in Michigan
b. whether the cause of action arises from D’s activities in the state, and
c. whether the D’s activities are substantially connected with MI to make jurisdiction reasonable and consistent with notions of fair play and substantial justice.

Question 4

MI Essay Approach for Personal Jurisdiction Issue

Answer 4

1. Is general jurisdiction present? - domiciled, consented, or present?
2. If no GJ, does MI long arm statute grant jurisdiction?
3. If so, is it constitutional under Due Process Clause? (Three Part Test)

a. whether the D purposely availed themselves of the privilege or conducting activities in MI
b. whether the cause of action arises from D’s activities in the state, and
c. whether the D’s activities are substantially connected with MI to make jurisdiction reasonable and consistent with notions of fair play and substantial justice.

Question 5

Michigan District Court Jurisdiction

Answer 5

have exclusive jurisdiction for cases valued at $25,000 or less and hear misdemeanor cases

Question 6

Michigan Circuit Court Jurisdiction

Answer 6

Courts of general jurisdiction and can hear any other kind of case unless there is exclusive jurisdiction in some other forum.

Also hears cases over $25,000 as well as cases involving felonies

Question 7

Michigan Appellate Court Jurisdiction

Answer 7

has jurisdiction over appeals from all circuit courts and the court of claims. It is composed of a panel of three judges.

Question 8

Michigan Supreme Court Jurisdiction

Answer 8

has discretionary appellate jurisdiction or may hear questions of law brought before it by certification by any trial judge.

Question 9

Michigan Court of Claims Jurisdiction

Answer 9

hears and determines all civil actions filed against the state of Michigan and its agencies (highway defect, constitutional claims, prisoner litigation)

Operates like any other circuit court but no right to jury trial

Question 10

Michigan Venue Rule

Answer 10

Venue is proper where any defendant resides, has a place of business, or in which a registered office of any defendant corporation is located.

If no D resides in MI, venue is proper where any plaintiff resides, has a place of business, or in which a registered office of any plaintiff corporation is located.

Question 11

Michigan Venue Special Rules - Land

Answer 11

1. Land: is the action involves land, then venue is proper only in the county where the land is located.

Question 12

Michigan Venue Special Rules - Government

Answer 12

1. Government: any county where a governmental unit exercises its authority or may exercise its authority, except if the cause of action arose in the county of the principal office of such governmental unity, that county will then is the proper county to commence the action.

Question 13

Michigan Venue Special Rules - Tort Action

Answer 13

Venue is Proper where (apply hierarchy)

1. the claim arose and the defendants reside, conduct business, or have an office
2. the claim arose and plaintiffs reside, conduct business, or have an office
3. the defendants and plaintiffs reside, conduct business, or have an office
4. go back to general rule: where any defendant resides, or if no D’s reside in MI, then where any plaintiff resides

Question 14

State Court Transfer

Answer 14

if Venue is improper, the court must order a change of venue on timely motion of the D, or may order a change on its own initiative after notice and an opportunity to be heard.

Court shall order the change at the P’s cost

Will be transferred to whatever MI state court has jurisdiction (district court to circuit court or vice versa)