Michigan Compiled Laws
236-1961-8 - Chapter 8 Probate Courts (600.801...600.899)
Section 600.859 - Taking Testimony; Record; Keeping Index and Original Notes.

Sec. 859.
(1) The following testimony before a probate judge shall be recorded:
(a) Testimony in contested matters.
(b) Testimony in matters pertaining to the admission to a hospital or other facility for mentally ill or developmentally disabled persons.
(c) Testimony in matters pertaining to persons having a contagious disease.
(d) Testimony in other matters if requested by an interested party.
(e) Testimony and other proceedings required by supreme court rule.
(2) In matters not governed by subsection (1), testimony before a probate judge, probate register, or deputy probate register may be given orally without a record being made of the testimony.
(3) The court shall keep sufficient index of the testimony and the court shall keep the index and the original notes as prescribed by supreme court rules.
History: Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1979, Act 69, Imd. Eff. July 25, 1979 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005 ;-- Am. 2013, Act 201, Imd. Eff. Dec. 18, 2013

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Structure Michigan Compiled Laws

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 600.805 - Additional Probate Judgeship; Creation; Approval by County; Resolution; Filing; Notice to County Clerk; Effect of Approval; State's Obligation; Election; First Term; Exception to Resolution Requirement.

Section 600.807 - Probate Court Districts.

Section 600.808 - Question of Creation of District; Submission to Electors; Resolution Calling for Special Election; Form of Question; Counting, Canvassing, and Returning Votes; Canvassing and Certifying Results; Effect of Approval; Election of Proba...

Section 600.809 - Probate Court District; Effective Date; Term of Incumbent Probate Judge; Election of Probate Judge.

Section 600.810 - Probate Court District; Effective Date; Election of Probate Judge.

Section 600.810a - Arenac, Kalkaska, Crawford, Lake, Iron, and Ontonagon Counties; Jurisdiction, Powers, Duties, and Title of Probate Judges; Additional Duties for Probate Judge.

Section 600.811 - Election of Probate Judges; Filing Nominating Petitions and Incumbency Affidavits of Candidacy; Term.

Section 600.812 - Oath.

Section 600.813 - Construction of Chapter.

Section 600.815 - Terms of Probate Court Prohibited; Probate Court Open at All Reasonable Times; Evening and Weekend Sessions.

Section 600.816 - Probate Judge; Court Sessions at Regional Diagnostic and Treatment Center; Court Sessions at Places Designated by County Chief Probate Judge; Hearing Regarding Incapacitated or Mentally Ill Person; Site.

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 600.821 - Probate Judges; Practice of Law; Annual Salary; County Contribution and Reimbursement; Additional Salary.

Section 600.821a - Probate Judges' Federal Social Security and Medicare Taxes; Reimbursement to Counties.

Section 600.822 - Probate Judge; Annual Salary Based on Population; Payment; Increase or Decrease in Salary; Representing Party in Contested Proceeding; Additional Salary; Total Annual Salary; State Salary Standardization Payment; Minimum Annual Sala...

Section 600.824 - Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.

Section 600.825 - Repealed. 1990, Act 185, Eff. Oct. 1, 1990.

Section 600.826 - Certain Probate Judges to Assist Other Courts or Probate Judges for Limited Periods or Specific Assignments; Legislative Intent.

Section 600.828 - Reimbursement for Actual and Necessary Expenses.

Section 600.829 - Probate Judge; Additional Salary and Reimbursement for Expenses; Payment of Compensation and Expenses; Voucher; Compensation Provided Pursuant to MCL 600.225(6).

Section 600.831 - Powers, Duties, and Compensation of Probate Judges of County Having 2 or More Probate Judges; Power Vested in Chief Probate Judge; Selection, Powers, and Duties of Probate Judges in Counties of 1,000,000 or More.

Section 600.832 - Seal, Records, Books, Files, and Papers; Possession; Maintenance.

Section 600.833 - Probate Register; Appointment; Salary; Oath; Bond; Term; Appointment, Compensation, Term, Powers, and Oath of Deputy Probate Registers.

Section 600.834 - Probate Register or Deputy Probate Register; Powers in Uncontested Matter or Hearing; Entry of Judgment Prohibited; Restriction on Powers; Orders and Acts; Trial or Hearing of Issues.

Section 600.835 - Official Court Reporters or Certified Recorders; Salary; Oath; Expenses; Order for Payment; Residence of Reporter or Recorder.

Section 600.836 - Allocating Duties; Combining Title and Powers.

Section 600.837 - Operation of Probate Court; Appropriation; Employer; Authority; Collective Bargaining; Appointment, Supervision, Discipline, and Dismissal of Employees; Transfer of Employees; Effect of Existing Collective Bargaining Agreement; Cont...

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 600.843 - Contesting Jurisdiction Based on Residence of Person or Location of Person's Property.

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 600.848 - Rehearings; Modifying and Setting Aside Orders, Sentences, or Judgments; Order With Respect to Original Hearing or Rehearing of Contested Matter; Exception.

Section 600.849 - Validity of Order or Decree.

Section 600.851 - Administration of Oaths; Certification.

Section 600.852 - Petition, Inventory, Accounting, Proof of Claim, or Proof of Service; Declaration; False Execution and Filing; Penalties.

Section 600.854 - Notice Governed by Supreme Court Rule.

Section 600.855 - Form; Approval.

Section 600.856 - Change of Venue; Procedure; Contested Venue.

Section 600.857 - Jury Trial.

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 600.866 - Appeals to Be on Record; Trial De Novo Prohibited; Notice of Appeal; Appeals Governed by Supreme Court Rule.

Section 600.867 - Stay of Further Proceedings in Pursuance of Judgment, Order, or Sentence; Exception; Application for Delayed Appeal.

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 600.874 - Probate Court; Charge and Collection of Fees; Waiver of Fee for Conduct of Marriage Ceremony; Remittance.

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.