Section 600.5527 - Prospective relief; ruling on motion; automatic stay; postponement of stay for good cause; appeal. - Michigan Statutes

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

600.5527 Prospective relief; ruling on motion; automatic stay; postponement of stay for good cause; appeal.

Sec. 5527.

(1) The court shall promptly rule on a motion to modify or terminate prospective relief in a civil action concerning prison conditions.

(2) Any prospective relief subject to a pending motion shall be automatically stayed during 1 of the following periods:

(a) Beginning on the thirtieth day after the motion is filed, in the case of a motion made under section 5521 or 5523, and ending on the date the court enters a final order ruling on the motion.

(b) Beginning on the one hundred eightieth day after the motion is filed, in the case of a motion made under any other law, and ending on the date the court enters a final order ruling on the motion.

(3) The court may postpone the effective date of an automatic stay specified in subsection (2) for good cause for not more than 60 days. As used in this subsection, “good cause” does not include the congestion of the court's calendar.

(4) An order staying, suspending, delaying, or barring the operation of an automatic stay described in subsection (2), other than an order to postpone the effective date of the automatic stay under subsection (3), shall be treated as an order denying the dissolution of or modification of an injunction and may be appealed as of right regardless of how the order is styled or whether the order is termed a preliminary or final ruling.

History: Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999