Legal Question in Civil Litigation in Michigan

Small Claims Court

As a plaintiff in a small claims case, do I need to submit a witness list to the defendant?


Asked on 12/01/03, 1:37 pm

1 Answer from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: Small Claims Court

The rule of law in this matter requires that the court be pretty informal. That rule is MCL 600.8411:

(1) Before the commencement of a trial in the small claims division, the district court judge or magistrate shall inform both parties, orally or in writing, of the right to removal before trial to the general civil division and of all rights waived if they choose to remain in the small claims division.

(2) In hearings before the small claims division, witnesses shall be sworn. The judge shall conduct the trial in an informal manner so as to do substantial justice between the parties according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications, the sole object of such trials is to dispense expeditious justice between the parties. There shall be no jury nor shall a verbatim record of such proceedings be made.

No, you need not submit a written witness list, in my opinion.

Tom Weiss

Mt. Pleasant

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Answered on 12/01/03, 2:30 pm


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