Sec. 857.
(1) If a party to a proceeding in the probate court would have had a right before January 1, 1971 to demand a jury to determine a particular issue of fact in the circuit court upon a de novo appeal from that proceeding to the circuit court, that party shall on and after January 1, 1971 have the right to demand a jury to determine that issue of fact in the probate court proceeding.
(2) When a jury is demanded pursuant to law in a proceeding in the probate court, the jury shall be summoned and selected in accordance with sections 1301 to 1354. With respect to jurors any examination, challenge, replacement, oath or other practice which is not governed by the provisions of sections 1301 to 1354 shall be governed by rules adopted by the supreme court.
(3) If a jury trial is demanded in any proceeding by a party having a right to have a jury determine an issue, the demanding party shall pay into court a jury fee in an amount equal to the jury fee required in the circuit court in the same county but not to exceed $30.00, which fee shall be paid to the county treasurer for deposit in the general fund of the county. A jury fee shall not be required from a party demanding a jury trial in the juvenile division of the probate court or under Act No. 258 of the Public Acts of 1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws.
History: Add. 1978, Act 543, Eff. July 1, 1979
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-8 - Chapter 8 Probate Courts (600.801...600.899)
Section 600.801 - Probate Court as Court of Record; Organization.
Section 600.803 - Probate Court District.
Section 600.807 - Probate Court Districts.
Section 600.810 - Probate Court District; Effective Date; Election of Probate Judge.
Section 600.813 - Construction of Chapter.
Section 600.817 - Books, Printed Blanks, and Stationery; Furniture, Equipment, and Supplies.
Section 600.819 - Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.
Section 600.824 - Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.
Section 600.825 - Repealed. 1990, Act 185, Eff. Oct. 1, 1990.
Section 600.828 - Reimbursement for Actual and Necessary Expenses.
Section 600.832 - Seal, Records, Books, Files, and Papers; Possession; Maintenance.
Section 600.836 - Allocating Duties; Combining Title and Powers.
Section 600.838 - Disqualification of Probate Judge.
Section 600.839 - Probate Judge, Probate Register, or Employee of Probate Court; Prohibitions.
Section 600.841 - Probate Court; Jurisdiction and Power.
Section 600.845 - Concurrent Jurisdiction of Circuit Court.
Section 600.846 - Removal of Action or Proceeding to Probate Court.
Section 600.847 - Powers of Probate Court in Exercise of Jurisdiction.
Section 600.849 - Validity of Order or Decree.
Section 600.851 - Administration of Oaths; Certification.
Section 600.854 - Notice Governed by Supreme Court Rule.
Section 600.855 - Form; Approval.
Section 600.856 - Change of Venue; Procedure; Contested Venue.
Section 600.858 - Security for Costs; Award of Costs in Contested Case.
Section 600.859 - Taking Testimony; Record; Keeping Index and Original Notes.
Section 600.861 - Repealed. 2016, Act 186, Eff. Sept. 27, 2016.
Section 600.863 - Repealed. 2016, Act 186, Eff. Sept. 27, 2016.
Section 600.871 - Decedents' Estates; Fees; Payment; Final Accounting; Receipt.
Section 600.872 - Repealed. 1996, Act 374, Eff. Oct. 1, 1996.
Section 600.873 - Repealed. 1979, Act 69, Imd. Eff. July 25, 1979.
Section 600.875 - Charging Estate; Limitation; Conditions.
Section 600.876 - Certified Copies for Which Charges or Fees Prohibited.
Section 600.877 - Fees; Time of Payment.
Section 600.878 - Transcript Fees.
Section 600.879 - Prohibited Compensation, Fees, or Costs; Violation as Malfeasance in Office.
Section 600.880 - Filing Fees for Civil Action to Probate Register; Exceptions; Disposition.
Section 600.880a - Filing Fee Commencing Guardianship to Probate Register; Exception; Disposition.
Section 600.880b - Fees Paid to Probate Register; Exceptions; Disposition.
Section 600.880c - Fees for Bringing Appeal, Registering Trust, or Depositing Will; Disposition.
Section 600.880d - Waiver or Suspension of Fees.
Section 600.899 - Repeal of MCL 701.1 to 701.18a, 701.20 to 701.45d, 701.50 to 701.55, and 712a.22.