7.2Authority of District Court Magistrate

“A small claims hearing may be conducted . . . by a district court magistrate who is an attorney licensed to practice in [Michigan] and who is authorized to do so by the chief judge of the district court district as provided in [MCL 600.8514].” MCL 600.8427.

In the small claims division, a district court magistrate who is an attorney licensed to practice law in this state, if authorized by the chief judge of the district, may:

•administer oaths,

•examine witnesses,

•make findings of fact and conclusions of law,

•and recommend a judgment in the case. MCL 600.8514.

“In doing so, the magistrate shall perform all functions which a district judge could perform in trying a case in the small claims division. A recommended judgment shall become a final judgment as of the date the judgment was recommended unless an appeal is taken within 7 days after the judgment was recommended.” MCL 600.8514.

“Magistrates shall exercise the same powers and perform the same duties as deputy clerks of the district court for the purpose of carrying out the provisions of [C]hapter 84 [(the small claims division chapter of the Revised Judicature Act)] although they shall not be considered deputy clerks.” MCL 600.8545.