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SB 86

Civil procedure: service of process; service of process for extreme risk protection order actions; provide for, and waive court fees. Amends secs. 1908, 2529 & 2559 of 1961 PA 236 (MCL 600.1908 et seq.). TIE BAR WITH: SB 0083'23

2023-2024 Regular Session Introduced by Sarah Anthony and 19 co-sponsors

Michigan bill streamlines service procedures and waives court fees for extreme risk protection orders restricting firearm access for individuals deemed dangerous.

referred to second reading
#civilprocedure:costsandfees #civilprocedure:serviceofprocess
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Bill Summary · SB 86

Legislative bill overview

SB 86 modifies Michigan's civil procedure rules to streamline service of process for extreme risk protection order (ERPO) actions and eliminates court fees for filing these orders. The bill amends existing statutes governing how legal documents are served and court procedures related to these protective orders, which allow courts to temporarily restrict firearm access for individuals deemed a danger to themselves or others.

Why is this important

Extreme risk protection orders are time-sensitive interventions designed to prevent violence and suicide. Reducing procedural barriers and court costs removes potential obstacles to filing these orders, potentially enabling faster intervention in crisis situations. The fee waiver addresses equity concerns by ensuring financial constraints don't prevent vulnerable populations from accessing this protective mechanism.

Potential points of contention

  • Second Amendment concerns: Opponents may argue ERPOs inherently restrict constitutional rights and that streamlining the process accelerates removal of firearms without sufficient due process protections
  • Due process safeguards: Questions about whether expedited service procedures adequately protect respondents' right to be heard and defend themselves against ERPO petitions
  • Implementation costs: Courts and local governments may face administrative burden from processing increased ERPO filings without corresponding fee revenue or resource allocation

Compiled from official sources — confirm details with the bill’s official record.

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