In Michigan, the membership and qualification for District Court judges are similar to that of the Circuit Courts. Michigan District/Municipal Courts do not have jurisdiction over felonies. When a District/Municipal Court finds an individual to have committed a felony crime, the case is transferred to the Circuit Court for trial. For crimes that are considered felonies, the court holds preliminary examinations and probable cause conferences to determine if the crimes occurred. Parties may, however, appeal the courts’ decisions to the Circuit Courts. A misdemeanor trial consists of a 6-person jury and a presiding judge.ĭefendants found guilty are subject to fines, not more than a year in imprisonment, or both. For crimes that are misdemeanors, offenders who do not accept plea bargains-reduction of penalties if the defendants plead guilty-are put on trial. In these appearances, individuals are informed of their rights, penalties for convictions, and may be allowed to post bail. Appeals from the District Courts are under the Circuit Court’s jurisdiction as provided by Section 600.8304 of the state’s legislature.Ĭriminal proceedings begin when individuals above 17 years old are arraigned before a judge to answer for alleged violations or crimes. However, a party is permitted to appeal this decision to the Circuit Courts within 21 days of judgment. Once a trial is concluded, and the judge or jury reaches a verdict, the court’s decision is entered into the record. A case that cannot be settled at pretrial proceeds to trial before a judge or jury. Afterward, follow the discovery process (gathering relevant facts of the case) and the pretrial conference. When a complaint is filed, and relevant filing fees are paid, the court issues a summons to the defendant, who must respond by filing an answer in the same court within a specified time. This complaint may be filed in the county where the incident occurred or where the plaintiff resides. In both courts, the civil and criminal proceedings differ but follow the rules outlined in Chapter 2: Civil Procedures and Chapter 6: Criminal Procedure of Michigan Court Rules.Ĭivil actions commence when an aggrieved party (plaintiff) files a claim in the court against another individual, organization, or business (defendant). However, under MCL 730.501, the courts have no jurisdiction over small claims cases and can handle only civil claims up to or less than $3,000. The Municipal Courts have the same jurisdiction as the District Courts. Civil cases where the amount in a claim does not exceed $6,000 are referred to as small claims and are handled by the District Courts’ small claims division, also known as the Small Claims Courts.
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