AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

2025 Regular Session Introduced by Justine Caldwell and 8 co-sponsors

Allows certain LLC members to represent their LLC in eviction summary proceedings if they have direct knowledge, with specific eligibility rules for single-member or married two-me

06/02/2025 Referred to Senate Judiciary

Summary — HB 5034 (2025): Limited liability company members representing LLCs in summary proceedings (evictions)

Status and context
- Bill number: HB 5034. Introduced March 13, 2025 by Rep. Tim Kelly; electronically reproduced 09/24/2025; read first time and referred to the House Judiciary Committee on 09/24/2025.
- Purpose: Amend the Revised Judicature Act of 1961 (MCL 600.101–600.9947) by adding section 5707 to allow certain members of limited liability companies (LLCs) to represent the LLC in summary proceedings (commonly used for landlord‑tenant eviction cases).

Main provisions
- Adds MCL 600.5707 establishing limited self‑representation by LLC members in summary proceedings.
- Who may represent the LLC:
- A member may represent the LLC if the member has “direct and personal knowledge” of the facts alleged in the complaint.
- The allowance applies only to one of two LLC types:
- Single‑member LLCs where the sole member is an individual.
- Two‑member LLCs in which both members are individuals who are married to each other, provided both have signed a verified statement authorizing representation and the original signed statement has been filed with the court in the summary proceedings.
- Restrictions and procedures:
- The married‑members exception does not apply if there is a pending divorce or separate‑maintenance action between the members or if separate maintenance has already been adjudicated.
- For the two‑member (married) LLC option, an individual may not appear at the hearing unless a designated court employee reviews the court file before the hearing and determines the required verified statement has been filed.
- The party seeking to rely on this section bears the burden of proving eligibility.
- Interaction with unauthorized‑practice rules:
- The bill states that representation under this section does not violate section 916 (the statutory prohibition on unauthorized practice of law).

Who is affected
- Primary effect: small, individual‑owned or married‑couple–owned LLCs that are parties in summary proceedings (most commonly landlords in eviction cases).
- Practical impacts: may reduce the need to hire an attorney in qualifying cases (cost savings, quicker access to representation by an owner); courts must add a procedural check (court employee review of the verified statement for married members).
- Potential secondary effects: implications for tenant protections and courtroom advocacy quality—self‑representation by non‑lawyers could affect case outcomes and legal proceedings, though the bill limits representation to members with direct personal knowledge of facts.

Procedural/timeline notes
- Bill status as of 09/24/2025: introduced and referred to the House Judiciary Committee. Further committee consideration, amendments, and votes would be required before enactment.