Section 600.4401 - Action for mandamus against state officer; commencement; rule for joinder of claims or consolidation of actions; rule for referral of action to circuit court. - Michigan Statutes

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.4401 Action for mandamus against state officer; commencement; rule for joinder of claims or consolidation of actions; rule for referral of action to circuit court.

Sec. 4401.

(1) An action for mandamus against a state officer shall be commenced in the court of appeals, or in the circuit court in the county in which venue is proper or in Ingham county, at the option of the party commencing the action.

(2) The supreme court may provide by rule for the joinder of claims or consolidation of actions in the court of appeals or the circuit court if those claims or actions include a prayer for mandamus against a state officer and arise out of the same circumstances or raise a similar issue of law.

(3) The supreme court may provide by rule for the referral of an action from the court of appeals to the circuit court to determine and report its findings of fact or to hear and decide the action if substantial fact finding is necessary to determine the applicability of mandamus relief.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1967, Act 65, Imd. Eff. June 20, 1967 ;-- Am. 1976, Act 317, Eff. Jan. 1, 1977
Compiler's Notes: Section 2 of Act 317 of 1976 provides: “As provided by the rule of the supreme court, this amendatory act may apply to actions pending on January 1, 1977.”