HB-5156, As Passed Senate, December 11, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 5156

(as amended December 4, 2013)

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 6421 (MCL 600.6421), as amended by 2013 PA 164.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 6421. (1) Nothing in this chapter eliminates or creates

any right a party may have to a trial by jury, including any right

that existed before November 12, 2013. Nothing in this chapter

deprives the circuit, district, or probate court of jurisdiction to

hear and determine a claim for which there is a right to a trial by

jury as otherwise provided by law[, INCLUDING A CLAIM AGAINST AN

 INDIVIDUAL EMPLOYEE OF THIS STATE FOR WHICH THERE IS A RIGHT TO A TRIAL BY JURY AS OTHERWISE PROVIDED BY LAW]. Except as otherwise provided in

this section, if a party has the right to a trial by jury and

asserts that right as required by law, the claim may be heard and

determined by a circuit, district, or probate court in the

appropriate venue.

     (2) For declaratory or equitable relief or a demand for

extraordinary writ sought by a party within the jurisdiction of the

court of claims described in section 6419(1) and arising out of the

same transaction or series of transactions with a matter asserted

for which a party has the right to a trial by jury under subsection

(1), unless joined as provided in subsection (3), the court of

claims shall retain exclusive jurisdiction over the matter of

declaratory or equitable relief or a demand for extraordinary writ

until a final judgment has been entered, and the matter asserted

for which a party has the right to a trial by jury under subsection

(1) shall be stayed until final judgment on the matter of

declaratory or equitable relief or a demand for extraordinary writ.

     (3) With the approval of all parties, any matter within the

jurisdiction of the court of claims described in section 6419(1)

may be joined for trial with cases arising out of the same

transaction or series of transactions that are pending in any of

the various trial courts of the state. A case in the court of

claims that has been joined with the approval of all parties shall

be tried and determined by the judge even though the trial court

action with which it may be joined is tried to a jury under the

supervision of the same trial judge.

     (4) Except as provided in subsection (5), the court of claims'

jurisdiction in a matter within its jurisdiction as described in

section 6419(1) and pending in any circuit, district, or probate

court on November 12, 2013 is as follows:

     (a) If the matter is not transferred under section 6404(3),

the jurisdiction of the court of claims is not exclusive and the

circuit, district, or probate court may continue to exercise

jurisdiction over that matter.

     (b) If the matter is transferred to the court of claims under

section 6404(3), the court of claims has exclusive jurisdiction

over the matter, subject to subsection (1).

     (5) Subsection (4) does not apply to matters transferred to

the court of claims under section 6404(2).