Skip to main content

Michigan Compiled Laws, Chapter 600. Revised Judicature Act of 1961 § 600.2957

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Sec. 2957.  (1) In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated under this section by the trier of fact and, subject to section 6304,  1 in direct proportion to the person's percentage of fault.  In assessing percentages of fault under this subsection, the trier of fact shall consider the fault of each person, regardless of whether the person is, or could have been, named as a party to the action.  

(2) Upon motion of a party within 91 days after identification of a nonparty, the court shall grant leave to the moving party to file and serve an amended pleading alleging 1 or more causes of action against that nonparty.  A cause of action added under this subsection is not barred by a period of limitation unless the cause of action would have been barred by a period of limitation at the time of the filing of the original action.

(3) Sections 2956 to 2960   2 do not eliminate or diminish a defense or immunity that currently exists, except as expressly provided in those sections.  Assessments of percentages of fault for nonparties are used only to accurately determine the fault of named parties.  If fault is assessed against a nonparty, a finding of fault does not subject the nonparty to liability in that action and shall not be introduced as evidence of liability in another action.

1  M.C.L.A. § 600.6304.
2  M.C.L.A. §§ 600.2956 to 600.2960.

Cite this article: - Michigan Compiled Laws, Chapter 600. Revised Judicature Act of 1961 § 600.2957 - last updated February 09, 2022 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard