Chapter 2: Jurisdiction, Venue, and Standing
The court must have jurisdiction with regard to both the parties and the subject matter. Sovereign v Sovereign, 354 Mich 65, 71 (1958). “[O]nce a court acquires jurisdiction, unless the matter is properly removed or dismissed, that court is charged with the duty to render a final decision on the merits of the case, resolving the dispute, with the entry of an enforceable judgment.” Clohset v No Name Corp (On Remand), 302 Mich App 550, 562 (2013).
“Courts are bound to take notice of the limits of their authority, and a court may, and should, on its own motion, though the question is not raised by the pleadings or by counsel, recognize its lack of jurisdiction and act accordingly by staying proceedings, dismissing the action, or otherwise disposing thereof, at any stage of the proceeding.” In re Fraser Estate, 288 Mich 392, 394 (1939). See also Hodge v State Farm Mut Auto Ins Co, 499 Mich 211, 228 (2016).
Courts with jurisdiction may decline to exercise it based on forum non conveniens, which is “the ‘discretionary power of court to decline jurisdiction when convenience of parties and ends of justice would be better served if action were brought and tried in another forum.’” Radeljak v DaimlerChrysler Corp, 475 Mich 598, 604 (2006), quoting Black’s Law Dictionary (6th ed).