Michigan Laws 290.725 – Access of department to evidence; refusal to obey subpoena; service of process
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 290.725
- Department: means the department of agriculture and rural development. See Michigan Laws 290.702
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, or association. See Michigan Laws 290.702
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Unfair practices: means those practices prohibited under section 4. See Michigan Laws 290.702
(1) At all reasonable times, the department shall have access to and the right to copy evidence relating to any person or action under investigation by it in connection with any failure or refusal to bargain or for engaging in unfair practices.
(2) In case of refusal to obey a subpoena issued to any person under this act, the circuit court, upon application by the department, shall have jurisdiction to order the person to appear before the department to produce evidence or to give testimony on the matter under investigation, and any failure to obey the order may be punished by the court as a contempt.
(3) Complaints, orders, and other processes and papers of the department under this act may be served personally, by registered mail, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return of service shall be proof of the service. Witnesses summoned before the department shall be paid the same fee and mileage allowance that are paid witnesses in circuit court and witnesses whose depositions are taken, and the person taking the same shall be entitled to the same fees as are paid for like services in circuit court.
(4) All processes of any court to which an application or petition may be made under this act may be served at any place in the state wherein the person or persons required to be served reside or may be found.