Summary — HB 4021 (Revised Judicature Act amendments: evictions, pretrial, magistrates)
Status and scope
- Bill: HB 4021 — amends sections 5735 and 8511 of 1961 PA 236 (MCL 600.5735 & 600.8511).
- Subject: Civil procedure — eviction (summary) proceedings; district court magistrate authority.
- Sponsor(s): Rep. Joseph A. Aragona (and others).
- Committee/status: Referred to Committee on Rules (introduced in 2025).
Purpose and intent
- Require a formal pretrial hearing in landlord–tenant summary (eviction) proceedings, and permit district court magistrates to conduct eviction-related pretrials and trials when authorized. The bill codifies practices the Michigan Supreme Court temporarily required during the COVID-19 pandemic (Administrative Order No. 2020-17).
Key provisions
- Pretrial hearing required (MCL 600.5735): At the trial date noticed by the summons in a summary eviction proceeding, the court (or, as allowed under section 8511, a district court magistrate) must first conduct a pretrial hearing consistent with guidance issued by the State Court Administrative Office (SCAO).
- At that pretrial, parties must be verbally informed of the advice items required by the Michigan Court Rules (examples include the defendant’s right to counsel and the right to request a jury trial).
- Magistrate authority expanded/clarified (MCL 600.8511): District court magistrates may conduct eviction-related proceedings under Chapter 57 if:
- the magistrate is an attorney licensed to practice law, and
- the magistrate is authorized to do so by the chief judge of the district court.
- Procedural timing retained: summary proceedings generally must be heard within 7 days after the defendant’s appearance or trial date (subject to existing exceptions and court rules).
Who is affected
- Tenants/defendants and landlords/plaintiffs in eviction (summary) proceedings — will regularly experience an added, mandated pretrial step where procedural rights are emphasized.
- District courts and court staff — will implement pretrial procedures and follow SCAO guidance.
- District court magistrates and chief judges — magistrates (if attorneys and authorized) can take on eviction pretrials/trials; chief judges make authorization decisions.
- Legal services providers and local governments — may see changes in caseload timing, referrals, and administrative workload.
Background and policy context
- Mirrors provisions of Michigan Supreme Court Administrative Order No. 2020-17 (which required pretrials and allowed magistrate handling of evictions statewide during the pandemic). That AO was rescinded May 1, 2024; HB 4021 would codify similar requirements in statute.
Fiscal/procedural impact
- House Fiscal Agency analysis: indeterminate fiscal impact — requiring pretrial hearings is expected to increase court caseloads and administrative workload; costs depend on caseload and local implementation.
- Effective date: as provided in the bill (substitute versions specify “upon becoming law” or similar).
Statutory references
- Amends: MCL 600.5735 (summons, trial timing, pretrial requirement) and MCL 600.8511 (district court magistrate jurisdiction/duties).
