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Revised Judicature Act of 1961

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Revised Judicature Act of 1961 REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 CHAPTER 29 PROVISIONS CONCERNING SPECIFIC ACTIONS 600.2901 Actions abolished; alienation of affections, criminal conversation, seduction, and breach of contract to marry. Sec. 2901. The following causes of action are abolished: (1) alienation of the affections of any person, animal, or thing capable of feeling affection, whatsoever; (2) criminal conversation; (3) seduction of any person of the age of 18 years or more; (4) breach of contract to marry. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2902 Actions abolished; certain real actions. Sec. 2902. All writs of right, writs of dower, writs of entry, and writs of assize, all fines and common recoveries, and all other real actions known to the common law, not enumerated and retained in this act, and all writs and other processes heretofore used in real actions, which are not specifically retained in this act, are abolished. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2903 Judgment in tort; renewal; continuance of remedies. Sec. 2903. Any judgment in tort heretofore or hereafter rendered and of record in any court of record in this state may be sued on and renewed, within the time and as provided by law, and such renewal judgment or judgments, when obtained, shall likewise be in tort and have the same attributes as the original tort judgment or judgments, with all the rights and remedies of tort judgments attaching thereto. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2904 Repealed. 1964, Act 170, Eff. July 1, 1965. Compiler's note: The repealed section abolished governmental immunity of political subdivisions in actions arising out of operation of motor vehicles, and provided for payment of premiums on liability insurance. 600.2905 Civil actions by state; laws applicable. Sec. 2905. Every suit or proceeding in a civil cause instituted in the name of the people of this state, by any public officer duly authorized for that purpose, is subject to all the provisions of law respecting similar suits or proceedings, when instituted by or in the name of any citizen, except where provision is or shall be otherwise expressly made by statute. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2906 Confession of judgment. Sec. 2906. Judgments may be entered in any circuit court at any time, upon a plea of confession, signed by an attorney of such court, although there is no suit then pending between the parties, if the following provisions are complied with, and not otherwise: (1) The authority for confessing such judgment shall be in some proper instrument, distinct from that containing the bond, contract or other evidence of the demand for which such judgment was confessed; (2) Such authority shall be produced to the officer signing each judgment, and shall be filed with the clerk of the court in which the judgment shall be entered, at the time of the filing and docketing of such judgment. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2907 Malicious prosecution or action; civil liability, penalty. Sec. 2907. Every person who shall, for vexation and trouble or maliciously, cause or procure any other to be arrested, attached, or in any way proceeded against, by any process or civil or criminal action, or in any other manner prescribed by law, to answer to the suit or prosecution of any person, without the consent of such person, or where there is no such person known, shall be liable to the person so arrested, attached or proceeded against, in treble the amount of the damages and expenses which, by any verdict, shall be found to have been sustained and incurred by him; and shall be liable to the person in whose name such arrest or proceeding was had in the sum of $200.00 damages, and shall be deemed guilty of a misdemeanor, punishable on conviction by imprisonment in the county jail for a term not exceeding 6 months. Rendered Friday, September 24, 2021 Page 1 Michigan Compiled Laws Complete Through PA 83 of 2021 Courtesy of www.legislature.mi.gov History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2907a Violation of MCL 565.25; liability to owner of encumbered property; penalty. Sec. 2907a. (1) A person who violates section 25 of chapter 65 of the Revised Statutes of 1846, being section 565.25 of the Michigan Compiled Laws, by encumbering property through the recording of a document without lawful cause with the intent to harass or intimidate any person is liable to the owner of the property encumbered for all of the following: (a) All of the costs incurred in bringing an action under section 25 of chapter 65 of the Revised Statutes of 1846, including actual attorney fees. (b) All damages the owner of the property may have sustained as a result of the filing of the encumbrance. (c) Exemplary damages. (2) A person who violates section 25 of chapter 65 of the Revised Statutes of 1846, by encumbering property through the recording of a document without lawful cause with the intent to harass or intimidate any person is guilty of a felony punishable by imprisonment for not more than 3 years or a fine of not more than $5,000.00, or both. History: Add. 1996, Act 527, Eff. Mar. 31, 1997. 600.2908 Repealed. 1972, Act 284, Eff. Jan. 1, 1973. Compiler's note: The repealed section pertained to civil actions against stockholders for labor performed for the corporation. 600.2909 Stockholders; individual liability for corporate debts; enforcement; labor debts. Sec. 2909. Whenever any stockholders are individually liable for the debts of a corporation the remedy for the enforcement of their liability shall be as prescribed by the court rules and not otherwise. This section does not apply to actions for labor performed when the action is brought by the person who performed the labor or his assignees. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2910 Action for seduction. Sec. 2910. Actions for seduction are subject to the following provisions and limitations: (1) In any action for seduction it is necessary to allege and prove that the female seduced was not 18 years of age or over at the time of the seduction. (2) In any action for seduction it is not necessary to allege or prove any loss of services in consequence of the seduction. (3) An action for seduction may be brought by the seduced female's mother, father, or guardian. History: 1961, Act 236, Eff. Jan. 1, 1963. 600.2911 Action for libel or slander. Sec. 2911. (1) Words imputing a lack of chastity to any female or male are actionable in themselves and subject the person who uttered or published them to a civil action for the slander in the same manner as the uttering or publishing of words imputing the commission of a criminal offense. (2)(a) Except as provided in subdivision (b), in actions based on libel or slander the plaintiff is entitled to recover only for the actual damages which he or she has suffered in respect to his or her property, business, trade, profession, occupation, or feelings. (b) Exemplary and punitive damages shall not be recovered in actions for libel unless the plaintiff, before instituting his or her action, gives notice to the defendant to publish a retraction and allows a reasonable time to do so, and proof of the publication or correction shall be admissible in evidence under a denial on the question of the good faith of the defendant, and in mitigation and reduction of exemplary or punitive damages. For libel based on a radio or television broadcast, the retraction shall be made in the same manner and at the same time of the day as the original libel; for libel based on a publication, the retraction shall be published in the same size type, in the same editions and as far as practicable, in substantially the same position as the original libel; and for other libel, the retraction shall be published or communicated in substantially the same manner as the original libel. (3) If the defendant in any action for slander or libel gives notice in a justification that the words spoken or published were true, this notice shall not be of itself proof of the malice charged in the complaint though not sustained by the evidence. In an action for slander or for publishing or broadcasting a libel even though the defendant has pleaded or attempted to prove a justification he or she may prove mitigating circumstances including the sources of his or her information and the ground for his or her belief. Damages shall not be awarded in a libel action for the publication or broadcast of a fair and true report of matters of public record, a public and official proceeding, or of a governmental notice, announcement, written or recorded report or Rendered Friday, September 24, 2021 Page 2 Michigan Compiled Laws Complete Through PA 83 of 2021 Courtesy of www.legislature.mi.gov record generally available to the public, or act or action of a public body, or for a heading of the report which is a fair and true headnote of the report. This privilege shall not apply to a libel which is contained in a matter added by a person concerned in the publication or contained in the report of anything said or done at the time and place of the public and official proceeding or governmental notice, announcement, written or recorded report or record generally available to the public, or act or action of a public body, which was not a part of the public and official proceeding or governmental notice, announcement, written or recorded report or record generally available to the public, or act or action of a public body.
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