| Question : 01. What is the Court of Claims? (1)
The Court of Claims is a court of statewide, limited jurisdiction (PA 164 of 2013) to hear and determine all civil actions filed against the State of Michigan and its agencies. These cases include highway defect, medical malpractice, contracts, constitutional claims, prisoner litigation, tax-related suits, and other claims for money damages.
As of November 12, 2013, the Court of Claims is located in the Michigan Court of Appeals. Four Court of Appeals judges, including a chief judge, are assigned to the Court of Claims by the Michigan Supreme Court. Each Court of Claims case is heard by a single judge.
The Court of Claims operates much like any other Michigan circuit court. The court rules that govern civil procedure in the circuit courts, see MCR 2.001 et seq., generally govern procedure in the Court of Claims. In the Court of Claims, however, there is no right to a jury trial.
| Question : 02. Can staff in the Court of Claims Clerk's Office give legal advice? (1)
No. Staff in the Court of Claims Clerk's Office cannot offer legal advice on any matter. It is recommended that parties seek legal guidance from a licensed attorney admitted to practice in the State of Michigan.
| Question : 03. Where can I file my Court of Claims pleadings? (1)
The Court of Claims clerk’s office is located in Lansing, Michigan. The mailing address for any filings to the Court is:
Hall of Justice
925 W. Ottawa St.
P.O. Box 30185
Lansing, MI 48909
In addition, Court of Claims filings may be made in person at any one of the Court of Appeals district offices. Note: The Ingham Circuit Court cannot accept any filings on behalf of the Court of Claims.
| Question : 04. What are the office hours of the Court of Claims? (1)
The Court of Claims business hours coincide with the Court of Appeals hours. The Court offices are open Monday-Friday (except court holidays) from 9:00 am – 5:00 pm. The clerk’s office will not accept any filings after 5:00 pm.
| Question : 05. Do I need an attorney to file a case in the Court of Claims? (1)
No, you do not need an attorney to file a case in the Court of Claims.
| Question : 06. What are the court fees? (1)
• Filing fee - $175 (this consists of Entry Fee of $150 + E-Filing System Fee of $25)
• Motion fee - $20
• Appeal fee - $25
• Garnishment, Execution, Discovery Subpoena or Debtor’s Exam - $15
The filing fees are the same as those in the Circuit Court, as defined in MCL 600.2529.
| Question : 07. Can the court fees be waived? If so, how? (1)
Under certain circumstances, court fees may be waived. The party must file a Waiver/Suspension of Fees and Costs with the Court. If incarcerated, the party must file a copy of their prisoner account statement with the form.
| Question : 08. How do I pay my filing fee? (1)
Filing fees should be made payable to the Court of Claims. The Court of Claims will continue to accept cash, check, or money order.
| Question : 09. Do I need to file a Notice of Intention? (1)
provides that, in order to make a claim against the state, you must file with the Court of Claims either a written claim OR a written notice of intention to file a claim within 1 year after the claim has accrued. You should consult the statute to determine the requirements for a notice of intention. Please note that the statute requires that the notice be signed and notarized, but there may be exceptions that apply.
If you file a notice of intention, the Court of Claims will accept the notice in the form it was filed. The Court will not scrutinize the notice to determine if it meets all applicable requirements. The Court will send you a letter acknowledging that it received the notice of intention and provide you with a reference number for the filing. A notice of intention does NOT initiate a claim in the Court of Claims.
| Question : 10. Will the Court of Claims accept e-filing? (1)
No, the Court of Claims is not accepting e-filed documents at this time.
| Question : 11. What are the case type codes used in the Court of Claims? (1)
The case type codes are MD, MH MK, MM, MP, MT and MZ.
- • Highway Defect [MD]. All claims involving highway defects.
- • Medical Malpractice [MH]. All claims involving health-care provider malpractice.
- • Contracts [MK]. All other proceedings involving contractual obligations not otherwise coded.
- • Constitutional Claims [MM]. All claims for money damages brought under the Michigan Constitution.
- • Prisoner Litigation [MP]. All claims for money damages against the State of Michigan filed by state prisoners.
- • Tax-Related Suits [MT]. All claims involving liability for state taxes.
- • Other Damage Suits [MZ]. All other claims not otherwise coded.
| Question : 12. What can I expect when filing with the Court of Claims at the Court of Appeals District offices? (1)
Your filing will be received and filed as of the date presented, as long as it meets the minimum filing requirements under MCR 8.119(C). You will be issued a receipt and will receive an issued summons, case number, and judge assignment via mail.
IF you file in person in the Lansing office, the summons, case number and judge assignment may be issued while you wait.
| Question : 13. Will the filing date be preserved as of the date received or as of the date summons is issued? (1)
The filing date will be preserved as of the date received at any location, provided the filing has no defects.
| Question : 14. Is it required that I file a summons with my complaint? (1)
Yes, it is required that you file an original summons and complaint, one copy for each party named in the suit and one copy for the attorney general.
| Question : 15. When filing other court papers, how many copies are required? (1)
You must file the original with the court. You may file one copy for each party and the attorney general, which will be time stamped and returned to you for service or you may file a proof of service for each party served.
| Question : 16. Can I file a case regarding damage to my car as the result of a pot hole? (1)
If your alleged claim is over $1,000 you may file a claim in the Court of Claims. It will require you to file a summons and complaint and a $150 filing fee.
| Question : 17. Is there public access for Court of Claims cases? (1)
| Question : 18. Who can I contact with questions about the Court of Claims? (1)
You may contact the Clerk’s Office at (517) 373-0807.