常见问题

程600.8031等序列. 启用创建, 定义有资格, and provides much of the procedure for administration of business courts; while MCR 2.112 (O)和, 在本地, 老挝2013 - 06, supplement procedure for determining and administering eligible cases.

The statute states the purpose of business court is to do all of the following: (a) establish judicial structure that will help all court users by improving the efficiency of the courts, (b) allow business or commercial disputes to be resolved with the expertise, 技术, and efficiency required by the information age economy, (c)提高准确性, 一致性, and predictability of decisions in business and commercial cases. [程600].8033(3) ]

商业法庭 is a special docket comprised of 巡回法院 civil cases in which “all or part of the action includes a business or commercial dispute”. [程600].8031, 600.8035(1)及(3)]

When a case involves a business or commercial dispute, parties are required to (“shall”) verify on the face of their initial pleading that the case meets the statutory requirements for business court (and this may be accomplished by checking the appropriate box on SCAO form of Summons, MC 01.牧师5/15). [翻译].112(O)(1); 老挝2013 - 06, ¶ 3(A) ]

If no party makes the necessary verification on their initial pleading, any party may thereafter file a motion with the business court judge for determination of eligibility. [翻译].112(O)(2) ]

无论如何, the business court judge is prompted to review the pleadings and make a determination whether the case is eligible for business court. 如果是的话, the case “shall” be assigned to the business court  If the business court judge determines the case does not include a business/commercial dispute, it remains with the originally assigned circuit judge. [翻译].112(O)(3); 老挝2013 - 06, ¶ (3)(A) and (B) ]

The decision of the business court judge regarding eligibility may be appealed to the chief circuit judge, 但不能超越. [程600].8035(7); MCR 2.112(O)(4); MCR 7.203(D) ]

“一项行动应为[(i).e. mandatory)] assigned to [ ] business court if all or part of the action includes a business or commercial dispute”. [程600].8035(3) ]

If a case “subsequently includes a business or commercial dispute as a result of a cross-claim, 反诉, 第三方投诉, 修正案, or other modification of the action [, [应重新分配] . . . 到商业法庭 . . .[程600].8035(6) ]

然而，法令[程600].8039(4) ] also provides that the general practice and procedure of circuit court applies in business court. 因此, court rules such as joinder of claims and 修正案 of pleadings, 例如, may deprive untimely litigants access to business court.

If the action ceases to include a business or commercial dispute, it may be reassigned to the circuit court judge originally assigned the case by blind draw. [程600].8035(5) ]

No. Only counties with 3 or more circuit judges are required to have a business court. [程600].8033(1) ]

Business court judges are assigned by the supreme court for a term of 6 years. [程600].8037(1)及(2)]