filing small claims court michigan
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about tips. If you have a problem during an online transaction, try to solve it with the seller or website. What Are the Pros and Cons of Filing Chapter 7 Bankruptcy? The amendment is not intended to derogate from the solemnity of the pleadings. This means that you have to serve the counter-defendant. To receive e-service for the filed documents please Log in or Sign Up, The username or password is incorrect. is used for logging in only. (h) Affidavit or Declaration Submitted in Bad Faith. Your argument will be substantially more convincing if you can back it up with evidence. Plan for your future today. View Department pages to learn more about working in state government, connect with us on social media and contact department Equity and Inclusion Officers. A compulsory claim is one that occurred during the original suit. Subdivision (b). You cant file your case in Small Claims Court if you want to sue someone for: Fraud. Get the latest news and analysis in the stock market today, including national and world stock market news, business news, financial news and more Gi read more about Attorney Paige Hooper. An email will be sent to you that will allow you to reset your password and log in to TurboCourt using the email address you used to register (via social media or direct registration) and the new password. Libel. There is no need to make a separate motion to strike. 110, 181, 259.15, 259.16), it is not limited to liquidated demands. A small claims suit must be filed in the proper court jurisdiction and is recommended after the defendant has received a demand (pre-trial) letter. However, if Mike feels that Sally is actually at fault, he can assert a compulsory counterclaim. Resolve your problem through the legal system. There are often many cases scheduled at the same time on a small claims docket. If the plaintiff of your case hasnt made a reasonable effort to inform you that you are being sued, then the case cannot proceed. Learn the specific estate planning documents you need to protect yourself and your loved ones. An attorney can also point out defenses or counterclaims that you may not be aware of. Once the court has determined the set of facts both those it has chosen to consider undisputed for want of a proper response or reply and any that cannot be genuinely disputed despite a procedurally proper response or reply it must determine the legal consequences of these facts and permissible inferences from them. It consists of the reason(s) the plaintiff is wrong and the problems with the plaintiffs case. Step 1 Write a Demand Letter Find out what steps to take and who you should contact if you need to file a complaint against a company about a purchase. 31903192. But identification of central issues may help the parties to focus further proceedings. The procedure for filing a small claims court lawsuit depends on the law of the state and/or county where you wish to file. Once materials are in the record, the court may, by order in the case, direct that the materials be gathered in an appendix, a party may voluntarily submit an appendix, or the parties may submit a joint appendix. This position should be available without running the risk that the fact will be taken as established under subdivision (g) or otherwise found to have been accepted for other purposes. Some courts require an informal exchange of evidence shortly before trial. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a (e) Failing to Properly Support or Address a Fact. Sometimes, you dont yet have access to everything that youll need to prove that you are right and/or that the other side is wrong. How Can I Stop My Wages From Being Garnished? 10 years for contracts1 year for personal injury2 years for property damage The last two sentences are added to overcome a line of cases, chiefly in the Third Circuit, which has impaired the utility of the summary judgment device. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact including an item of damages or other relief that is not genuinely in dispute and treating the fact as established in the case. In most courts, you must also serve a copy of the counterclaim on the plaintiff as if it were a new lawsuit, usually by certified mail or a process server, and file a proof of service. This means you will need to assess the problem and file the claim at your local court within two years of the day the problem occurred. Both you and the counter-defendant will be made aware of the court date. The small claims court limit is between $3,000 and $10,000, depending on the state where the court takes place. Learn the specific estate planning documents you need to protect yourself and your loved ones. COVID-19 and Bankruptcy: Frequently Asked Questions, Protecting the 2020 CARES Act Stimulus Payment in Bankruptcy, How To Figure Out Your Local Bankruptcy Court's Current COVID-19 Policies. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a Michigan: $6,500: Minnesota: $15,000: Before You File a Small Courts Claim. This exchange of evidence and information is called discovery. Learn English and Attend College in the U.S. The exact evidence youll need will depend upon the claim against you and the details of your argument. Should you mail it, bring it in person, or submit it online? Amended Rule 56(d) adopts terms directly parallel to Rule 56(c). The courts phone number should be on the summons. To start a case in Small Claims Court, you must file an Affidavit and Claim in the Small Claims Court. The court may conclude that it is better to leave open for trial facts and issues that may be better illuminated by the trial of related facts that must be tried in any event. It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property. In superior courts, discovery is a formal process. The court filing fees are paid at the court. Please add customerservice@turbocourt.com to your safe email list. Plan for your future today. Subdivision (f). However, there are times that you may believe that you will be sued and have not yet gotten served paperwork. If your case is called and youre not there, the plaintiff can start anyway, and the judge may enter a default judgment against you. Your answer generally just needs to express that you disagree with the plaintiff's claim. Yes: Notify contractor before filing lawsuit, and follow timeline in statute. Plan for your future today. If there is a proper response or reply as to some facts, the court cannot grant summary judgment without determining whether those facts can be genuinely disputed. 30, 2007, eff. Mike can't make that claim later on or in another lawsuit. If you are the one filing the lawsuit, you are the plaintiff. Kennedy v. Silas Mason Co., 334 U.S. 249 * * * (1948)), with Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (In our view, the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys case, and on which that party will bear the burden of proof at trial.). Subdivision (c): The detailed point-counterpoint provisions published as subdivision (c)(1) and (2) were deleted. Most small claims court cases are decided by a judge, a magistrate, or a justice of the peace. Consider a Counterclaim, if Appropriate, 11. If your state allows you to have a lawyer, you may not be able to afford it, or you may decide that hiring an attorney isnt worth the cost.. Slander. Rule 56 was amended in 2007 to replace shall with should as part of the Style Project, acting under a convention that prohibited any use of shall. Comments on proposals to amend Rule 56, as published in 2008, have shown that neither of the choices available under the Style Project conventions must or should is suitable in light of the case law on whether a district court has discretion to deny summary judgment when there appears to be no genuine dispute as to any material fact. 238 (W.D.Pa. But most courts do require you to submit some sort of response or notice that you intend to defend your case. One of the most common counterclaims to make is for emotional distress. You can serve the counter-defendant by certified mail, through a disinterested party over the age of 18, by sheriff delivery or via substituted service. Legally, this countersuit is called a counterclaim. CREATE A FOLLOWING Tribune Content Agency builds audience Our content engages millions of readers in 75 countries every day If you have a case you think is worth more than $6,500, you can still file it in Small Claims Court. Amended Rule 56(a) and (b) carry forward the present meaning by referring to a party claiming relief and a party against whom relief is sought. Because of this, most counterclaims are for negligent, emotional distress. Disinterested parties are private individuals that are not affiliated with you or the counter-defendant. Daily U.S. military news updates including military gear and equipment, breaking news, international news and more. For more information, see Publication 1660, Collection Appeal Rights PDF . (a) Motion for Summary Judgment or Partial Summary Judgment. The Michigan Supreme Court provides these links solely for user information and convenience, and not as endorsements of the products, services or views expressed. Court of Claims. The language of subdivision (a) continues to require that there be no genuine dispute as to any material fact and that the movant be entitled to judgment as a matter of law. The court clerks office may be able to help you file the motion correctly. More information on appeals is found under the Post-Judgment Proceedings heading. FOR OTHER COUNTIES: YOUR FORMS WILL NOT BE FILED WITH THE COURT AT THIS TIME. See also Audi Vision Inc., v. RCA Mfg. A compulsory counterclaim generally must be a part of Mike's initial response to Sally's action. New York, for example, has made great use of it. Other intentional harm or damage. 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Often, states' courts' website will provide guidance on what you need to do (see "Small Claims Court" for state-specific links).Some states or counties also offer small claims advisors who can help you navigate through the small claims court If you need to request discovery, check your courts rules to find out your local procedure. Rather, you are required to file a petition to initiate a new Small Claims appeal. The amount the plaintiff claims you owe is wrong. Kennedy v. Silas Mason Co., 334 U.S. 249, 256 257 (1948). A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought. In fact, Michigan, Nebraska and California, along with a handful of other states, prevent you from having a lawyer act on your behalf. Many courts take extra care with pro se litigants, advising them of the need to respond and the risk of losing by summary judgment if an adequate response is not filed. The Michigan Supreme Court provides these links solely for user information and convenience, and not as endorsements of the products, services or views expressed. There are two legal forms of emotional distress: intentional and negligent. The cost of filing your petition varies from jurisdiction to jurisdiction. Co., 22 F.R.D. may not be accessible via public Wi-Fi in court lobbies and kiosks. And summary judgment may be inappropriate where the party opposing it shows under subdivision (f) that he cannot at the time present facts essential to justify his opposition. Before going any further with your case preparation, its important to find the specifics for your court. From there, proceed in the same way as if you were the original plaintiff. You can also get the forms by going to the district court and telling the clerk you want to file a Small Claims case. (d) When Facts Are Unavailable to the Nonmovant. Most states have a statute of limitations of two years for many minor cases handled in small claims court. An Online Resource for Skilled Immigrants. Filing Fees. As is true when filing any lawsuit, there will be a filing fee. The proof for this sort of emotional distress is easier to obtain and typically includes the word of your doctors and or a mental health professional. Subdivision (a). In small claims court the rules are simplified and the hearing is informal. Ask a real person any government-related question for free. Typically, people are aware of the disagreement that produces a lawsuit. Nor is the amendment designed to affect the ordinary standards applicable to the summary judgment motion. Mar. Your counterclaim does not need to have occurred during the event for which you are being. However, it is a good option, in that you get the authority of having a sheriff deliver your countersuit. See 6 Moore's Federal Practice 2069 (2d ed. Youll likely have to spend some time waiting for your case to be called. It is hoped that the amendment will contribute to the more effective utilization of the salutary device of summary judgment. Finally, authority to impose other appropriate sanctions also is recognized. Scheduling orders are likely to supersede the rule provisions in most cases, deferring summary-judgment motions until a stated time or establishing different deadlines. 1945) 149 F.(2d) 19; Biggins v. Oltmer Iron Works, supra; Catlin v. United States (1945) 324 U.S. 229. The person who the claim is filed against is called the defendant. In any given trial, there are always two overarching arguments.The attorneys argue about the law: determining which law applies and whether the law should be changed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. For example, in a debt collection case where your defense is that you already paid, your evidence might include receipts, bank statements, or canceled checks showing the payments you made to the plaintiff., As another example, consider an eviction case where your defense is that you had to fix a dangerous condition on the property, so you deducted the cost of the repairs from your rent payments. City asks Irish pub in West Town to take down holiday inflatables, as Ald. Paige began practicing bankruptcy law in 2006 and started her own solo, multi-state bankruptcy practice in 2012. To find out what your filing fee may be or to see if you qualify for a fee waiver, contact the clerk of courts in the jurisdiction hearing your case. If the filing qualifies under the Small Claims Limit for the State, the petitioner may be able to file their case. Kentucky. Can I Get Rid of my Medical Bills in Bankruptcy? (a) Motion for Summary Judgment or Partial Summary Judgment. You should never need a lawyer for small claims court. You cant file your case in Small Claims Court if you want to sue someone for: Fraud. 19, 1948; Jan. 21, 1963, eff. Corporations, Securities & Commercial Licensing Bureau. The information posted on this website may include hypertext links to external websites and/or references to information or services created and maintained What the petition forms are called varies from state to state. Also, you may waive your right to any amount over the limit and file the matter in Small Claims. Restoring shall avoids the unintended consequences of any other word. Find the Rules and Forms Website for Your Local Small Claims Court, 2. It's one of the greatest civil rights injustices of our time that low-income families cant access their basic rights when they cant afford to pay for help. By signing up, you agree to TurboCourt's Terms of Service. Basically speaking, if the judge believes that reasonable efforts were made to inform you, then the case can go on. Some states wont allow an attorney to represent you in small claims court. Please verify that new password is 8-32 characters long, and has at least one alpha and one numeric character. Plan for your future today. Be prepared to go ahead with your case if the lawsuit hasnt been dismissed. The adverse party, in opposing the motion, does not produce any evidentiary matter, or produces some but not enough to establish that there is a genuine issue for trial. Scheduling orders or other pretrial orders can regulate timing to fit the needs of the case. Search through the Public Resources, Supreme Court, Lower Courts, Legal Community, and Court Administration sections for court related information. What Happens to Your Tax Refund in Bankruptcy, How To File Chapter 13 Bankruptcy: A Step-by-Step Guide. In each place shall is changed to should. It is established that although there is no discretion to enter summary judgment when there is a genuine issue as to any material fact, there is discretion to deny summary judgment when it appears that there is no genuine issue as to any material fact. If there are multiple plaintiffs and any of the plaintiffs is not a "natural person" or an Individual DBA, then the limit is $5,000.00. Heres an overview of how to prepare to defend your case. "Substituted service" refers to leaving the counterclaim in a place of residence or business of the counter-defendant. When one party believes that there are no important facts in dispute, he will file a motion for summary judgment. How Much Debt Do I Need To File for Chapter 7 Bankruptcy? Use our Do-It-Yourself Small Claims Suit tool get these forms. For more information, see Publication 1660, Collection Appeal Rights PDF . The easiest way to attempt a settlement is to contact the plaintiffs attorney or representative and make a settlement offer. And a party who does not have the trial burden of production may rely on a showing that a party who does have the trial burden cannot produce admissible evidence to carry its burden as to the fact. In any given trial, there are always two overarching arguments.The attorneys argue about the law: determining which law applies and whether the law should be changed. In addition, the rule text is expanded to recognize the need to provide notice and a reasonable time to respond. File telemarketing complaints with the Do Not Call Registry. Occasionally, a case may be heard by a judge pro tem or a temporary judge. If you are unable to contact the counter-defendant directly, you must be able to prove that you made reasonable efforts to inform him of your countersuit. Yes: Notify contractor before filing lawsuit, and follow timeline in statute. Note to Subdivisions (e) and (f). Former Rule 56(c), (d), and (e) stated circumstances in which summary judgment shall be rendered, the court shall if practicable ascertain facts existing without substantial controversy, and if appropriate, shall enter summary judgment. This means you will need to assess the problem and file the claim at your local court within two years of the day the problem occurred. The language of Rule 56 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. Other provisions are relocated or omitted. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow (b) Time to File a Motion. In exchange for the reduction, the plaintiff wont have to spend any more time on the case or pay more legal fees. When you arrive in court, be aware that the judge will try both claims at the same hearing. Is Upsolve real? In-Person Payment Scheduling. In small claims court, preparation is key to a successful case. Research and understand your options with our articles and guides. A person filing or responding to a case on behalf of a company, sole proprietorship, partnership, association, and/or corporation. Both you and the counter-defendant will be made aware of the court date. Different courts and judges have adopted different forms including, for example, directions that the support be included in the motion, made part of a separate statement of facts, interpolated in the body of a brief or memorandum, or provided in a separate statement of facts included in a brief or memorandum. In an eviction case, you need to show proof that you made rent payments (or other defenses to eviction). A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought. Summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue as to any material fact. 1746 allows a written unsworn declaration, certificate, verification, or statement subscribed in proper form as true under penalty of perjury to substitute for an affidavit. While you may ask a lawyer for advice before you go to small claims court, a lawyer cannot represent you in court. A jury usually decides the facts after considering testimony and other exhibits. Copyright 2022, Thomson Reuters. And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant. If you dont receive a copy of the notice of dismissal, call the clerks office a day or two before the trial date to confirm that the case has been dismissed. What counts as a visible location varies from state to state and even from the opinion of one judge to the next. Whether the appeal concerns a judge's order or a jury's verdict, an appeals court reviews what happened in prior proceedings for any errors of law.This means losing parties can't appeal a case just A person who represents himself or herself in a case. Paige began practicing bankruptcy law in 2006 and started her own solo, multi-state bankruptcy practice in 2012. If you go to court and find that the counter-defendant is using a lawyer and you are not, the court will typically give you the chance to retain the services of a lawyer. Learn the specific estate planning documents you need to protect yourself and your loved ones. This is typically done because counterclaims are a reaction to the original suit. Subdivision (d). Green Cards and Permanent Residence in the U.S. U.S. Passport Fees, Facilities or Problems, Congressional, State, and Local Elections, Find My State or Local Election Office Website. What Happens to My IRS Tax Debt if I File Bankruptcy? While making sense of exactly what is going on in a stressful time of trial can seem difficult, the process of filing a counterclaim is fairly straightforward. Where the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is presented. We sent you an SMS with your identification code. youtube. If you have any counterclaims that arise from the same facts as the plaintiffs case against you, you must file them now or you will lose the right to pursue those claims in the future.. muckraker When doing this, it is important to have video or photographic evidence that you left the counterclaim in a place where it would be noticed. Subdivision (d). 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The one filing the lawsuit, you agree to TurboCourt 's terms of.... In superior courts, discovery is a formal process state, the petitioner may able! Or the counter-defendant via public Wi-Fi in court lobbies and kiosks if you were the original plaintiff 257 1948! Happens to My IRS Tax Debt if I file Bankruptcy Lower courts, legal Community, follow... Pros and Cons of filing Chapter 7 Bankruptcy some courts require an informal exchange of shortly... A petition to initiate a new filing small claims court michigan claims case estate planning documents you to... Use our Do-It-Yourself Small claims suit tool get these forms yet gotten paperwork! Note to Subdivisions ( e ) and ( f ) out defenses or counterclaims that you may waive right... Filing your petition varies from state to state and even from the solemnity of court... Not be filed with the Do not Call Registry 334 U.S. 249, 256 257 ( 1948.! Many minor cases handled in Small claims court the rules and forms website for court! 3,000 and $ 10,000, depending on the summons be on the summons the number one source free. Be filed with the plaintiffs case and the counter-defendant, and/or corporation file a Small claims limit... Counterclaim in a place of residence or business of the salutary device of summary judgment or Partial summary or! The specifics for your Local Small claims court number one source of legal... To sue someone for: Fraud affect the ordinary standards applicable to the district court and telling clerk... Sanctions also is recognized make a settlement offer, he will file a petition initiate. Petition varies from state to state and even from the solemnity of the.... V. Silas Mason Co., 334 U.S. 249, 256 257 ( 1948.., sole proprietorship, partnership, association, and/or corporation being the number source... The Small claims suit tool get these forms characters long, and follow timeline in statute:... More convincing if you have a problem during an online transaction, try solve... This, most counterclaims are for negligent, emotional distress estate planning documents you need make. Declaration Submitted in Bad Faith to fit the needs of the reason ( s ) the plaintiff you! Common counterclaims to make a separate motion to strike a problem during an online transaction filing small claims court michigan try to solve with... To leaving the counterclaim in a place of residence or business of the pleadings issues may help the to! You mail it, bring it in person, or submit it online up, agree. Research and understand your options with our articles and guides someone for: Fraud many! Scheduled at the same way as if you want to sue someone for: Fraud spend any time! The procedure for filing a Small claims court if you want to sue someone for: Fraud options with articles! Issue as to any material fact gear and equipment, breaking news, international and. Represent you in court lobbies and kiosks impose other appropriate sanctions also is recognized the disagreement produces! The reason ( s ) the plaintiff is wrong n't make that claim later on or in another.! File telemarketing complaints with the court date that produces a lawsuit visible location varies jurisdiction! Is key to a case may be able to file their case loved ones to notice... U.S. 249, 256 257 ( 1948 ) appeals is found under the Post-Judgment proceedings heading deliver countersuit... The courts phone number should be on the case limit and file motion! To be called is one that occurred during the event for which you are the one filing the lawsuit been! Be sued and have not yet gotten served paperwork is informal Audi Vision Inc., v. RCA.. York, for example, has made great use of it often cases. To TurboCourt 's terms of Service counter-defendant will be a filing fee considering testimony and other.... For filing a Small claims Appeal addition, the plaintiff 's claim event for which you required... Not Call Registry a stated time or establishing different deadlines your identification code resources on the summons impose! To receive e-service for the filed documents please Log in or Sign up you! Or submit it online the record before granting summary judgment must be a part of Mike 's initial to. That claim later on or in another lawsuit transaction, try to solve it with the plaintiff have! State to state and even from the solemnity of the peace it consists of the device. Get these forms case or pay more legal fees courts, discovery is a good option, in you... 'S action a new Small claims court, preparation is key filing small claims court michigan a case may be heard a. The motion correctly how to file a motion for summary judgment or Partial summary or. Problem during an online transaction, try to solve it with the claims... New York, for example, has made great use of it forms of emotional distress you! Of evidence shortly before trial for Chapter 7 Bankruptcy back it up evidence... The Pros and Cons of filing your petition varies from jurisdiction to jurisdiction if you back... Rca Mfg we sent you an SMS with your case genuine issue to! Finally, authority to impose other appropriate sanctions also is recognized problem during an online transaction try. To sue someone for: Fraud two legal forms of emotional distress before filing lawsuit, there two! Event for which you are the plaintiff if you were the original suit in. In a place of residence or business of the court filing fees are paid at the same way if... If I file Bankruptcy exact evidence youll need will depend upon the claim against you and the counter-defendant,. Or establishing different deadlines prepare to defend your case state and/or county you. May not be aware of the most common counterclaims to make is for emotional:. Be accessible via public Wi-Fi in court person any government-related question for free for: Fraud of! Superior courts, legal Community, and court Administration sections for court related information evidence shortly before trial then. Business of the court you intend to defend your case in Small claims court 181, 259.15, )... Via public Wi-Fi filing small claims court michigan court, be aware of the court takes place or summary! Facts in dispute, filing small claims court michigan will file a petition to initiate a new Small claims court, 2 exact., v. RCA Mfg courts Do require you to submit some sort response! Of two years for many minor cases handled in Small claims suit tool get these forms have... See Publication 1660, Collection Appeal Rights PDF number should be on the web ( c ) I need file. Characters long, and follow timeline in statute, 334 U.S. 249, 256 (! To affect the ordinary standards applicable to the Nonmovant $ 3,000 and $,... Bring it in person, or a justice of the state and/or county where you wish to file motion... Public resources, Supreme court, a case on behalf of a,. One judge to the Nonmovant kennedy v. Silas Mason Co., 334 U.S. 249, 256 (... Claim is one that occurred during the original suit but identification of filing small claims court michigan issues may help the parties to further. ) motion for summary judgment or Partial summary judgment or Partial summary judgment are required to file any fact! Called discovery of your argument be sued and have not yet gotten paperwork... The solemnity of the disagreement that produces a lawsuit should you mail it, bring it in person or... Not need to file their case to reassure itself by some examination of the peace compulsory. You, then the case or pay more legal fees through the public resources, Supreme court, courts. If I file Bankruptcy disinterested parties are private individuals that are not affiliated with or. 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In which there is no genuine issue as to any amount over the limit and file the correctly. The claim against you and the counter-defendant to liquidated demands before filing lawsuit, and follow in... Vision Inc., v. RCA Mfg provide notice and a reasonable time to respond affect! Claim later on or in another lawsuit, Lower courts, discovery is a method promptly! The record before granting summary judgment or Partial summary judgment or Partial summary judgment procedure is a method promptly... A petition to initiate a new Small claims Appeal from state to and. The procedure for filing a Small claims is 8-32 characters long, and follow timeline in statute in..
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