February 5, 2004, Introduced by Reps. Gaffney, Lipsey, Condino, LaSata, Adamini, Bieda and Smith and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5856 (MCL 600.5856), as amended by 1993 PA
78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5856. The statutes of limitations or repose are tolled
2 in any of the following circumstances:
3 (a) At the time the
complaint is filed, and if a copy of
4 the summons and complaint are served on the defendant within the
5 time set forth in the court rules.
6 (b) At the time jurisdiction over the defendant is otherwise
7 acquired.
8 (c) At the time
the complaint is filed and a copy of the
9 summons and complaint
in good faith are placed in the hands of an
10 officer for immediate
service, but in this case the statute is
1 not tolled longer than
90 days after the copy of the summons and
2 complaint is received
by the officer.
3 (c) (d)
If, during At the time notice is given in
4 compliance with the applicable notice period under section 2912b,
5 if during that period a claim would be barred by the statute of
6 limitations or repose;
, for but in this case, the statute is
7 tolled not longer than a
the number of days equal to the number
8 of days remaining in the applicable notice period after the date
9 notice is given. in
compliance with section 2912b.