2006 Michigan Compiled Laws - Mich. Comp. Laws § 600.6419 Court of claims; exclusive jurisdiction; exceptions; claims less than $1,000.00; claims and demands ex contractu and ex delicto; counterclaims; res adjudicata; setoff, recoupment, or cross declaration; writs of execution or garnishment; no jurisdiction of claim for compensation under § 418.101 et seq. and § 419.101 et seq.; jurisdiction of circuit court over certain actions and proceedings.

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


600.6419 Court of claims; exclusive jurisdiction; exceptions; claims less than $1,000.00; claims and demands ex contractu and ex delicto; counterclaims; res adjudicata; setoff, recoupment, or cross declaration; writs of execution or garnishment; no jurisdiction of claim for compensation under § 418.101 et seq. and § 419.101 et seq.; jurisdiction of circuit court over certain actions and proceedings.

Sec. 6419.

(1) Except as provided in sections 6419a and 6440, the jurisdiction of the court of claims, as conferred upon it by this chapter, shall be exclusive. The state administrative board is hereby vested with discretionary authority upon the advice of the attorney general, to hear, consider, determine, and allow any claim against the state in an amount less than $1,000.00. Any claim so allowed by the state administrative board shall be paid in the same manner as judgments are paid under section 6458 upon certification of the allowed claim by the secretary of the state administrative board to the clerk of the court of claims. The court has power and jurisdiction:

(a) To hear and determine all claims and demands, liquidated and unliquidated, ex contractu and ex delicto, against the state and any of its departments, commissions, boards, institutions, arms, or agencies.

(b) To hear and determine any claims or demands, liquidated or unliquidated, ex contractu or ex delicto, which may be pleaded by way of counterclaim on the part of the state or any department, commission, board, institution, arm, or agency of the state against any claimant who may bring an action in the court of claims. Any claim of the state or of any department, commission, board, institution, arm, or agency of the state may be pleaded by way of counterclaim in any action brought against the state, or any other department, commission, board, institution, arm, or agency of the state.

(2) The judgment entered by the court of claims upon any such claim, either against or in favor of the state or any department, commission, board, institution, arm, or agency of the state, upon becoming final shall be res adjudicata of that claim. Upon the trial of any cause in which any demand is made by the state or any department, commission, board, institution, arm, or agency of the state against the claimant either by way of setoff, recoupment, or cross declaration, the court shall hear and determine each claim or demand, and if the court finds a balance due from the claimant to the state, the court shall render judgment in favor of the state for the balance. Writs of execution or garnishment may issue upon the judgment the same as from the circuit court of this state. The judgment entered by the court of claims upon any claim, either for or against the claimant, shall be final unless appealed from as provided in this chapter.

(3) The court of claims shall not have jurisdiction of any claim for compensation under the provisions of either of the following:

(a) The worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being sections 418.101 to 418.941 of the Michigan Compiled Laws.

(b) Act No. 329 of the Public Acts of 1937, as amended, being sections 419.101 to 419.104.

(4) This chapter shall not deprive the circuit court of this state of jurisdiction over actions brought by the taxpayer under the general sales tax act, Act No. 167 of the Public Acts of 1933, being sections 205.51 to 205.78 of the Michigan Compiled Laws, or proceedings for declaratory or equitable relief, or any other actions against state agencies based upon the statutes of this state in such case made and provided, which expressly confer jurisdiction thereof upon the circuit court, or proceedings to review findings as provided in the Michigan employment security act, Act No. 1 of the Public Acts of the Extra Session of 1936, being sections 421.1 to 421.72 of the Michigan Compiled Laws, or any other similar proceedings expressly authorized by the statutes of this state in such case made and provided.


History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1984, Act 212, Imd. Eff. July 9, 1984



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