reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8717 - Request for Formal Hearing.

600.8717 Request for formal hearing.
Sec. 8717.
(1) The court shall schedule a formal hearing if either the defendant or the plaintiff expressly requests a formal hearing as provided by this section.
(2) A request for a formal hearing must be received by the court at least 10 days before the hearing date. The request may be made in person, by representation, by mail, or by telephone.
(3) The party requesting a formal hearing shall notify the other party or parties of the request. Notification of the request must be received by the other parties at least 10 days before the hearing date. The notification of a request for a formal hearing may be made in person, by representation, by mail, or by telephone.
(4) In a trailway municipal civil infraction action, the court shall also schedule a formal hearing if either or both of the following apply:
(a) The trailway municipal civil infraction caused damage to a natural resource or facility.
(b) The authorized local official impounded the vehicle.
History:
Add. 1994, Act 12, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8719 - Informal Hearing.

600.8719 Informal hearing.
Sec. 8719.
(1) An informal hearing shall be conducted by a district court magistrate, if authorized by the judge or judges of the district court district, or by a judge of the district court or a municipal court. A district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing. The judge or district court magistrate shall conduct the informal hearing in an informal manner so as to do substantial justice according to the rules of substantive law, but is not bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications. There shall not be a jury at an informal hearing. A verbatim record of an informal hearing is not required.
(2) At an informal hearing, the defendant shall not be represented by an attorney and the plaintiff shall not be represented by the prosecuting attorney or attorney for a political subdivision.
(3) Notice of a scheduled informal hearing shall be given to the plaintiff. The plaintiff and defendant may subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs, or by the city or village if the hearing involves an ordinance violation in a district where the district court is not functioning.
(4) If the judge or district court magistrate determines by a preponderance of the evidence that the defendant is responsible for a municipal civil infraction, the judge or magistrate shall enter an order against the defendant as provided in section 8727. Otherwise, a judgment shall be entered for the defendant, but the defendant is not entitled to costs of the action.
(5) The plaintiff and defendant are entitled to appeal an adverse judgment entered at an informal hearing. An appeal from a municipal judge shall be a trial de novo in the circuit court. In other instances, an appeal shall be de novo in the form of a scheduled formal hearing as follows:
(a) The appeal from a judge of the district court shall be heard by a different judge of the district.
(b) The appeal from a district court magistrate shall be heard by a judge of the district.
History:
Add. 1994, Act 12, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8721 - Formal Hearing.

600.8721 Formal hearing.
Sec. 8721.
(1) A formal hearing shall be conducted only by a judge of the district court or a municipal court.
(2) In a formal hearing, the defendant may be represented by an attorney, but is not entitled to counsel appointed at public expense.
(3) Notice of a formal hearing shall be given to the prosecuting attorney or the attorney who represents the plaintiff political subdivision. That attorney shall appear in court for a formal hearing and is responsible for the issuance of a subpoena to each witness for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs, or by the city or village if the hearing involves an ordinance violation in a district where the district court is not functioning.
(4) There shall not be a jury trial in a formal hearing.
(5) If the judge determines by a preponderance of the evidence that the defendant is responsible for a municipal civil infraction, the judge shall enter an order against the defendant as provided in section 8727. Otherwise, a judgment shall be entered for the defendant, but the defendant is not entitled to costs of the action.
History:
Add. 1994, Act 12, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8723 - Failure to Appear; Default Judgment.

600.8723 Failure to appear; default judgment.
Sec. 8723.
If the defendant fails to appear as directed by the citation or other notice at a scheduled appearance under section 8715(3)(b) or (4), at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against the defendant.
History:
Add. 1994, Act 12, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8725 - Issuance of Citation; Fee Prohibited; Violation.

600.8725 Issuance of citation; fee prohibited; violation.
Sec. 8725.
(1) An authorized local official issuing a citation under this chapter for a municipal civil infraction shall not accept a fee for issuing the citation.
(2) An authorized local official who violates this section is guilty of misconduct in office and subject to removal from office.
History:
Add. 1994, Act 12, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8729 - Payment of Fine, Costs, Assessment, Damages, or Expenses; Default as Civil Contempt.

600.8729 Payment of fine, costs, assessment, damages, or expenses; default as civil contempt.
Sec. 8729.
(1) If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as ordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance.
(2) If a corporation or an association is ordered to pay a civil fine, costs, assessment, or damages or expenses, the individuals authorized to make disbursement shall pay the fine, costs, assessment, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this section.
(3) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
(4) If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.
(5) The term of imprisonment on civil contempt for nonpayment of a civil fine, costs, assessment, or damages or expenses shall be specified in the order of commitment and shall not exceed 1 day for each $30.00 due. A person committed for nonpayment of a civil fine, costs, assessment, or damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30.00 per day.
(6) A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs, assessment, or damages or expenses shall not be discharged from custody until 1 of the following occurs:
(a) The defendant is credited with the amount due pursuant to subsection (5).
(b) The amount due is collected through execution of process or otherwise.
(c) The amount due is satisfied pursuant to a combination of subdivisions (a) and (b).
(7) The civil contempt shall be purged upon discharge of the defendant pursuant to subsection (6).
History:
Add. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 2003, Act 95, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-87 - Chapter 87 Municipal Civil Infractions (600.8701...600.8735) › Section 600.8735 - Municipal Civil Infraction; Additional Costs.

600.8735 Municipal civil infraction; additional costs.
Sec. 8735.
If the defendant in a municipal civil infraction action is determined responsible for a municipal civil infraction, the judge or district court magistrate, in addition to any fine, costs, and assessment imposed under section 8727, may assess additional costs incurred in compelling the appearance of the defendant, which additional costs shall be returned to the general fund of the unit of government incurring the costs.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 2003, Act 95, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8801 - Applicability of Chapter; Definitions.

600.8801 Applicability of chapter; definitions.
Sec. 8801.
(1) This chapter applies only to a state civil infraction action involving a violation of state law that is designated as a state civil infraction.
(2) This chapter does not apply to a civil infraction action involving a traffic or parking violation.
(3) As used in this chapter:
(a) "Citation" means a written complaint or notice to appear in court upon which a law enforcement officer records the occurrence or existence of 1 or more state civil infractions by the person cited.
(b) "Civil infraction determination" means a determination that a defendant is responsible for a state civil infraction by 1 of the following:
(i) An admission of responsibility for the state civil infraction.
(ii) An admission of responsibility for the state civil infraction, "with explanation".
(iii) A preponderance of the evidence at an informal hearing or formal hearing on the question under section 8819 or 8821, respectively.
(iv) A default judgment, for failing to appear as directed by a citation or other notice, at a scheduled appearance under section 8815(3)(b) or (4), at an informal hearing under section 8819, or at a formal hearing under section 8821.
(c) "Law enforcement officer" means any of the following:
(i) A sheriff or deputy sheriff.
(ii) An officer of the police department of a city, village, or township, or the marshal of a city, village, or township.
(iii) An officer of the Michigan state police.
(iv) A conservation officer.
(v) A security employee employed by the state pursuant to section 6c of 1935 PA 59, MCL 28.6c.
(vi) A motor carrier officer appointed pursuant to section 6d of 1935 PA 59, MCL 28.6d.
(vii) A public safety officer employed by a university as authorized by either of the following:
(A) 1965 PA 278, MCL 390.711 to 390.717.
(B) 1990 PA 120, MCL 390.1511 to 390.1514.
(viii) If authorized by the governing body of a political subdivision, a constable of the political subdivision.
(ix) A park and recreation officer commissioned pursuant to section 1606 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1606.
(x) A state forest officer commissioned pursuant to section 83107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.83107.
(xi) An officer, employee, or agent of the department of agriculture enforcing, pursuant to authority granted by the director of agriculture, a statute administered, a rule promulgated, or an order issued by the department of agriculture or the director of agriculture.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 1996, Act 211, Imd. Eff. May 23, 1996 ;-- Am. 2000, Act 80, Eff. Mar. 28, 2001 ;-- Am. 2005, Act 51, Imd. Eff. June 27, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8803 - State Civil Infraction; Commencement of Action; State as Plaintiff; Jurisdiction; Time; Place; Venue; Rights of Minor.

600.8803 State civil infraction; commencement of action; state as plaintiff; jurisdiction; time; place; venue; rights of minor.
Sec. 8803.
(1) A state civil infraction action is commenced upon the issuance of a citation as provided in section 8807. The plaintiff in a state civil infraction action is the state.
(2) The district court and any municipal court have exclusive jurisdiction over state civil infraction actions.
(3) The time specified in a citation for appearance shall be within a reasonable time after the citation is issued pursuant to section 8807.
(4) The place specified in the citation for appearance shall be the court referred to in subsection (2) that has territorial jurisdiction of the place where the state civil infraction occurred. Venue in the district court is governed by section 8312.
(5) If the person cited is a minor, that individual shall be permitted to appear in court or to admit responsibility for a state civil infraction without the necessity of appointment of a guardian or next friend. The courts listed in subsection (2) shall have jurisdiction over the minor and may proceed in the same manner and in all respects as if that individual were an adult.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8805 - Citation; Numbering; Parts; Modification; Complaint Treated as Under Oath.

600.8805 Citation; numbering; parts; modification; complaint treated as under oath.
Sec. 8805.
(1) Each citation shall be numbered consecutively, be in a form as approved by the state court administrator, and consist of the following parts:
(a) The original, which is a complaint and notice to appear by the law enforcement officer and shall be filed with the court in which the appearance is to be made.
(b) The first copy, which shall be retained by the law enforcement agency.
(c) The second copy, which shall be issued to the alleged violator if the violation is a misdemeanor.
(d) The third copy, which shall be issued to the alleged violator if the violation is a state civil infraction.
(2) With the prior approval of the state court administrator, the citation may be modified as to content or number of copies to accommodate law enforcement and local court procedures and practices. Use of this citation for violations other than state civil infractions is optional.
(3) A complaint for a state civil infraction signed by a law enforcement officer shall be treated as made under oath if the complaint contains the following statement immediately above the date and signature of the officer: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.".
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8807 - Issuance of Citation by Law Enforcement Officer.

600.8807 Issuance of citation by law enforcement officer.
Sec. 8807.
(1) A law enforcement officer who witnesses a person violating state law, the violation of which is a state civil infraction, may stop the person, detain the person temporarily for the purpose of issuing a citation, and prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a citation.
(2) A law enforcement officer may issue a citation to a person if, based upon personal investigation, the officer has reasonable cause to believe that the person is responsible for a state civil infraction in connection with an accident.
(3) Except as otherwise provided in subsection (2), a law enforcement officer may issue a citation to a person if, based upon the officer's personal investigation of a complaint by someone who witnessed the person violating state law, the violation of which is a state civil infraction, the officer has reasonable cause to believe that the person is responsible for a state civil infraction and if the prosecuting attorney approves in writing the issuance of the citation.
(4) The law enforcement officer shall personally serve the third copy of the citation upon the alleged violator.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8808 - Citation Issued to Nonresident of State; Leaving Deposit With Officer or Court; Failure to Appear; Default Judgment.

600.8808 Citation issued to nonresident of state; leaving deposit with officer or court; failure to appear; default judgment.
Sec. 8808.
(1) When a person who is not a resident of this state is issued a citation for a civil infraction under section 8807, the person may recognize to the law enforcement officer or to the court for his or her appearance by leaving with the officer or court a sum of money not to exceed $100.00.
(2) The officer receiving a deposit of money under subsection (1) shall give a receipt to the person for the money deposited together with the written citation required under subsection (1).
(3) At or before the completion of his or her tour of duty, a law enforcement officer taking a deposit of money shall deliver the deposit of money and the citation either to the court named in the citation or to the agency chief or person authorized by the agency chief to receive deposits. The agency chief or person authorized shall deposit the money and the citation with the court in the same manner as prescribed for citations in section 8805. A failure to deliver the money deposited is embezzlement of public money.
(4) If the person who posts a deposit fails to appear as required in the citation or for a scheduled informal or formal hearing, the court having jurisdiction and venue over the civil infraction shall enter a default judgment against the person, and the money deposited shall be forfeited and applied to any civil fine or costs ordered under section 8827.
History:
Add. 2005, Act 326, Imd. Eff. Dec. 27, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8809 - Citation; Contents.

600.8809 Citation; contents.
Sec. 8809.
(1) A citation issued pursuant to section 8807 shall name the state as the plaintiff and shall contain the name and address of the defendant, the state civil infraction alleged, the place where the defendant shall appear in court, the telephone number of the court, the time at or by which the appearance shall be made, and the additional information required by this section.
(2) The citation shall inform the defendant that he or she, at or by the time specified for appearance, may do 1 of the following:
(a) Admit responsibility for the state civil infraction in person, by representation, or by mail.
(b) Admit responsibility for the state civil infraction "with explanation" in person, by representation, or by mail.
(c) Deny responsibility for the state civil infraction by doing either of the following:
(i) Appearing in person for an informal hearing before a judge or a district court magistrate, without the opportunity of being represented by an attorney.
(ii) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(3) The citation shall inform the defendant that if the defendant desires to admit responsibility "with explanation" other than by mail or to have an informal hearing or a formal hearing, the defendant must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing. A hearing date may be specified on the citation.
(4) The citation shall contain a notice in boldfaced type that the failure of the defendant to appear within the time specified in the citation or at the time scheduled for a hearing or appearance will result in entry of a default judgment against the defendant on the state civil infraction and a refusal by the secretary of state to issue or renew an operator's or chauffeur's license for the defendant. Timely application to the court for a hearing, return of the citation with an admission of responsibility with explanation, or return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs constitutes a timely appearance.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8811 - Civil Infraction; Citation; Necessity of Sworn Complaint.

600.8811 Civil infraction; citation; necessity of sworn complaint.
Sec. 8811.
If a law enforcement officer issues a citation under section 8807, the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint. If the defendant denies responsibility for the state civil infraction, further proceedings shall not be had until a sworn complaint relating to the state civil infraction is filed with the court.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8813 - Citation; Materially False Statement Knowingly Made by Officer; Felony; Penalty.

600.8813 Citation; materially false statement knowingly made by officer; felony; penalty.
Sec. 8813.
A law enforcement officer who, knowing the statement is false, makes a materially false statement in a citation issued under section 8807 is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition is in contempt of court.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8819 - Informal Hearing.

600.8819 Informal hearing.
Sec. 8819.
(1) An informal hearing shall be conducted by a district court magistrate, if authorized by the judge or judges of the district court district, or by a judge of the district court or a municipal court. A district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing. The judge or district court magistrate shall conduct the informal hearing in an informal manner so as to do substantial justice according to the rules of substantive law, but is not bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications. There shall not be a jury at an informal hearing. A verbatim record of an informal hearing is not required.
(2) At an informal hearing, the defendant may not be represented by an attorney and the plaintiff may not be represented by the prosecuting attorney.
(3) Notice of a scheduled informal hearing shall be given to the plaintiff. The plaintiff and defendant may subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs.
(4) If the judge or district court magistrate determines by a preponderance of the evidence that the defendant is responsible for a state civil infraction, the judge or magistrate shall enter an order against the defendant as provided in section 8827. Otherwise, a judgment shall be entered for the defendant, but the defendant is not entitled to costs of the action.
(5) The plaintiff or defendant may appeal an adverse judgment entered at an informal hearing. An appeal from a municipal judge shall be a bench trial de novo in the circuit court. In other instances, an appeal shall be de novo in the form of a scheduled formal hearing as follows:
(a) The appeal from a judge of the district court shall be heard by a different judge of the district.
(b) The appeal from a district court magistrate shall be heard by a judge of the district.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8821 - Formal Hearing.

600.8821 Formal hearing.
Sec. 8821.
(1) A formal hearing shall be conducted only by a judge of the district court or a municipal court.
(2) In a formal hearing, the defendant may be represented by an attorney, but is not entitled to counsel appointed at public expense.
(3) Notice of a formal hearing shall be given to the prosecuting attorney. The prosecuting attorney shall appear in court for a formal hearing and is responsible for the issuance of a subpoena to each witness for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs.
(4) There shall not be a jury trial in a formal hearing.
(5) If the judge determines by a preponderance of the evidence that the defendant is responsible for a state civil infraction, the judge shall enter an order against the defendant as provided in section 8827. Otherwise, a judgment shall be entered for the defendant, but the defendant is not entitled to costs of the action.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8823 - Failure of Defendant to Appear at Scheduled Appearance, Informal Hearing, or Formal Hearing; Failure of Officer to Appear at Informal Hearing; Failure of Prosecutor to Appear at Formal Hearing.

600.8823 Failure of defendant to appear at scheduled appearance, informal hearing, or formal hearing; failure of officer to appear at informal hearing; failure of prosecutor to appear at formal hearing.
Sec. 8823.
(1) If the defendant fails to appear as directed by the citation or other notice, at a scheduled appearance under section 8815(3)(b) or (4), at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against the defendant.
(2) Unless the court has granted an adjournment for good cause shown, the court shall enter a judgment for the defendant if the law enforcement officer who issued the citation for a state civil infraction fails to appear at a scheduled informal hearing or if the prosecuting attorney fails to appear or is unable to proceed at a scheduled formal hearing, but the defendant is not entitled to costs of the action.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8825 - Acceptance of Fee by Law Enforcement Officer Prohibited.

600.8825 Acceptance of fee by law enforcement officer prohibited.
Sec. 8825.
(1) A law enforcement officer issuing a citation under this chapter for a state civil infraction shall not accept a fee for issuing the citation.
(2) A law enforcement officer who violates this section is guilty of misconduct in office and subject to removal from office.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8829 - Default in Payment of Fines, Costs, Assessment, or Installment.

600.8829 Default in payment of fines, costs, assessment, or installment.
Sec. 8829.
(1) If a defendant defaults in the payment of a civil fine, costs, or assessment or of any installment, as ordered pursuant to section 8827, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons, order to show cause, or a bench warrant of arrest for the defendant's appearance.
(2) If a corporation or an association is ordered to pay a civil fine, costs, or assessment, the individuals authorized to make disbursement shall pay the fine or costs, and their failure to do so shall be civil contempt unless they make the showing required in this section.
(3) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the civil fine, costs, or assessment, or any combination of those amounts, is paid.
(4) If it appears that the default in the payment of a fine, costs, or assessment does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs.
(5) The term of imprisonment on civil contempt for nonpayment of a civil fine, costs, or assessment shall be specified in the order of commitment and shall not exceed 1 day for each $30.00 of the fine and costs. A person committed for nonpayment of a civil fine or costs shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $30.00 per day.
(6) A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs, or assessment shall not be discharged from custody until 1 of the following occurs:
(a) The defendant is credited with the amount due pursuant to subsection (5).
(b) The amount due is collected through execution of process or otherwise.
(c) The amount due is satisfied pursuant to a combination of subdivisions (a) and (b).
(7) The civil contempt shall be purged upon discharge of the defendant pursuant to subsection (6).
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 2003, Act 95, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8831 - Fines Ordered Under MCL 600.8827; Application to Libraries.

600.8831 Fines ordered under MCL 600.8827; application to libraries.
Sec. 8831.
(1) A civil fine which is ordered under section 8827 for a violation of state statute shall be exclusively applied to the support of public libraries and county law libraries in the same manner as is provided by law for penal fines assessed and collected for violation of a penal law of the state.
(2) Subsection (1) is intended to maintain a source of revenue for public libraries which previously received penal fines for misdemeanor violations of state statute which are now designated state civil infractions.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-88 - Chapter 88 State Civil Infractions (600.8801...600.8835) › Section 600.8835 - Additional Costs.

600.8835 Additional costs.
Sec. 8835.
If the defendant in a state civil infraction action is determined responsible for a state civil infraction, the judge or district court magistrate, in addition to any fine, costs, and assessment imposed under section 8827, may assess additional costs incurred in compelling the appearance of the defendant, which additional costs shall be returned to the general fund of the unit of government incurring the costs.
History:
Add. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 2003, Act 95, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-91 - Chapter 91 State Judicial Council (600.9101...600.9109) › Section 600.9101-600.9107 - Repealed. 1996, Act 374, Eff. Oct. 1, 1996.

600.9101-600.9107 Repealed. 1996, Act 374, Eff. Oct. 1, 1996.
Compiler's Notes:
The repealed sections pertained to state judicial council and agreements with council employees.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-91 - Chapter 91 State Judicial Council (600.9101...600.9109) › Section 600.9108 - State Judicial Council; Pay Raises and Benefit Plan Changes Prohibited.

600.9108 State judicial council; pay raises and benefit plan changes prohibited.
Sec. 9108.
The state judicial council shall not, from the effective date of this section until the transfer of employees to the appropriate employer, grant any pay raises or make any changes in benefit plans for any of its employees.
History:
Add. 1996, Act 374, Imd. Eff. July 17, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-91 - Chapter 91 State Judicial Council (600.9101...600.9109) › Section 600.9109 - Payroll Services.

600.9109 Payroll services.
Sec. 9109.
Notwithstanding the employer status of the county-paid employees serving in the circuit court in the third judicial circuit, or serving in the recorder's court of the city of Detroit, or of the city-paid employees serving in the district court in the thirty-sixth district as of October 1, 1996, as established in sections 593a and 8274, the state may, upon request of the new employer, continue to provide payroll services to those employees. These payroll services may continue for a transition period not to extend beyond January 31, 1997. If the state provides payroll services upon request of an employer, the requesting employer shall reimburse the state for its actual expenses in providing the payroll services. At the discretion of the department of management and budget, these expenses may be offset by payments from the court equity fund and hold harmless fund to which the county of Wayne or the city of Detroit otherwise would be entitled under section 151b.
History:
Add. 1996, Act 388, Eff. Oct. 1, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9905 - Savings Clause; Special Cases and Proceedings; Law Applicable.

600.9905 Savings clause; special cases and proceedings; law applicable.
Sec. 9905.
(1) Except as specifically stated or reasonably inferred from the provisions of this act, this act shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time this act takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted as if this act had not been passed.
(2) Laws relating to actions in special cases and in special proceedings, the subject matter of which is not embraced within the provisions of this act, and not specifically repealed, are not to be deemed repealed or superseded by this act, but the same are retained and the procedure therein shall be as in such laws provided.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9906 - Special Nonsevering Clause as to Court Fees and Retirement Funds.

600.9906 Special nonsevering clause as to court fees and retirement funds.
Sec. 9906.
Notwithstanding section 5 of chapter 1 of the Revised Statutes of 1846, being section 8.5 of the Compiled Laws of 1948, if any part of section 2528 is declared to be unconstitutional by a court of competent jurisdiction, the entire section 2528 shall be deemed unconstitutional and inoperative.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9911 - Effective Date of Act.

600.9911 Effective date of act.
Sec. 9911.
This act shall become effective on January 1, 1963.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9921 - Courts Abolished; Extension of Term of Certain Judges.

600.9921 Courts abolished; extension of term of certain judges.
Sec. 9921.
(1) Effective January 1, 1969, the following courts are abolished except as provided in section 9928:
(a) Justices of the peace.
(b) Circuit court commissioners.
(c) Municipal courts.
(d) Police courts.
(e) Recorders court of the city of Cadillac.
(2) Notwithstanding any provision of law or charter to the contrary, the term of office of all incumbent municipal and associate municipal judges ending at any time prior to December 31, 1968, is extended through December 31, 1968.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9922 - Transfer of Duties and Powers to District Court; Circuit Court Referees.

600.9922 Transfer of duties and powers to district court; circuit court referees.
Sec. 9922.
All duties and powers which by law may be performed by justices of the peace, circuit court commissioners, judges of municipal courts, judges of police courts and judges of the recorders court of Cadillac shall be performed after December 31, 1968 by the district court. In any district in which there is a common pleas court, the duties and powers of the circuit court commissioner shall be performed by 4 referees appointed by the circuit court, which referees shall be court clerks of the circuit court commissioners court with 25 years' experience as such court clerks, and if an insufficient number of such qualified court clerks are available, the remaining referees shall be persons licensed to practice law in this state. The present employees of the circuit court commissioners shall become employees of the circuit court in similar positions with salary ranges and benefits not inferior to their present status. The circuit court shall appoint all bailiffs of the superseded circuit court commissioner's court to continue to act as bailiffs and to serve all process in the same manner and with the same fee schedule as formerly issued by the circuit court commissioner's court and formerly served by such bailiffs. All the rights, privileges and benefits of the bailiffs shall be maintained. Appeals from the referee shall be to the circuit court in the manner prescribed by rules of the supreme court. Fees payable under any statutory provisions for the performance of any of the duties of the offices abolished by this act shall be payable to the clerk of the district court for forwarding to the political subdivision involved. Unless the context otherwise indicates references in all laws to the courts so abolished shall be deemed to refer to the district court. This act shall supersede and revoke any acts or parts of acts in conflict with its provisions but only to the extent of such conflict.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9923 - Municipal Judges in Third Class Districts.

600.9923 Municipal judges in third class districts.
Sec. 9923.
(1) After December 31, 1968, any elected incumbent associate municipal judge who is prohibited from practicing law pursuant to state statute or city charter or ordinance and any elected incumbent municipal judge who serves in a city which is in and of itself a district of the third class or an election division thereof or who serves in a city which contains more than 85% of the population of a district of the third class, and whose term of office does not expire until after December 31, 1968, shall become a judge of the district court, unless he files with the city clerk within 10 days after the effective date of this section, an affidavit of intent not to be made a district judge, and shall serve through December 31 of the year in which his term as municipal or associate municipal judge would normally expire, except that when such term would normally expire in an odd numbered year he shall serve as district judge through December 31 of the next even numbered year. Commencing with the 1968 general elections, the number of district judges to be elected in a district of the third class or an election division thereof shall be reduced by the number of municipal and associate municipal judges made district judges under this subsection. As the term of each such municipal and associate municipal judge becoming a judge of the district court expires, the number of district judges to be elected within such district or election division thereof shall be increased by 1. This subsection shall not apply to any city having more such elected incumbent municipal and associate municipal judges than the number of district judges authorized such city pursuant to the provisions of this act.
(2) In seeking election after the 1968 general election to the district court, such judges or associate judges becoming judges of the district court may file affidavits of candidacy in like manner as elected incumbent district court judges and shall be entitled to designation on the ballot as a judge of the district court.
(3) In the primary and general election of judges of the district court to be held in 1968 any elected incumbent municipal or associate municipal judge who is a candidate for district judge shall be entitled to the designation on the ballot that he holds the judicial office of which he is then incumbent.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968
Constitutionality:
This section was held to constitute an abuse of elective franchise, since only municipal judges were granted right of incumbency designation on the ballot, thereby giving candidate an unfair advantage. Wells v Kent County Board of Election Commissioners, 382 Mich 112; 168 NW2d 222 (1969).
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9924a - Destruction of Documents or Records; Exceptions; Right to Move for Order Setting Aside Conviction.

600.9924a Destruction of documents or records; exceptions; right to move for order setting aside conviction.
Sec. 9924a.
The records, files, pleadings, process, papers, dockets, journals and indices of justices of the peace, justice courts, municipal courts, police courts and the recorders court of the city of Cadillac abolished effective January 1, 1969, may be destroyed on or after January 1, 1977, except that dockets, journals and indices of those courts and justices of the peace may be disposed of only upon compliance with section 5 of Act No. 271 of the Public Acts of 1931, as amended, being section 399.5 of the Michigan Compiled Laws. This section shall not apply to a document or record subpoenaed by a court or otherwise ordered maintained and preserved for use as evidence upon the order of a court of competent jurisdiction before January 1, 1977. This section shall not bar or impair the right of a defendant to move the district court successor to the convicting court pursuant to Act No. 213 of the Public Acts of 1965, being sections 780.621 and 780.622 of the Michigan Compiled Laws, for an order setting aside the conviction.
History:
Add. 1976, Act 381, Imd. Eff. Dec. 28, 1976
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-99 - Chapter 99 Repeals, Savings Clause and Effective Date (600.9901...600.9948) › Section 600.9925 - Primary Election in 1968.

600.9925 Primary election in 1968.
Sec. 9925.
In the primary election of judges of the district court to be held in 1968, all candidates for the office shall file petitions or a filing fee of $100.00 as provided by law.
History:
Add. 1968, Act 154, Imd. Eff. June 17, 1968