The Michigan Court System

Criminal vs. Civil Civil Law Tort: an offense against an individual A private party (e.g., a corporation or individual person) files a lawsuit against another party and becomes the plaintiff Criminal Law Crime: an offense against society The government (called the prosecution) files suit against a party and prosecutes on behalf of the people

Circuit Court Major trial court in the state 55 circuit courts in Michigan divided via county lines Handle felony cases, serious misdemeanors, civil suits over $25,000, and all appeals from lower courts or local government boards. Recorder’s court is a division of the 3 rd Circuit Court for Wayne County that handles only felony cases

Family Court (created in 1998 as a division of Circuit Court) Divorce Custody Parenting time Paternity Juvenile offenses Abuse and neglect Support Status of/emancipation of minors Parental consent Adoptions Also handles these issue as they relate to families: Name changes Personal protection orders Guardianship Mental health commitments

Court of Claims (lawsuits) Hears all claims against the State of Michigan

Probate Court Wills Estates Trusts Many of their responsibilities shifted into the Family Court in 1998, but they still handle some cases involving Guardianship Condemnation of land Commitment for hospital care of the mentally ill, mentally impaired, and addicted persons.

District Court Important Features of the District Court  Most common court in Michigan  Has the most citizen contact  Has a small claims division that can handle cases up to $3000 *Some municipalities have Ordinance Enforcement Bureaus which could handle these under certain conditions. Hears all civil cases under $25,000 *Hears all misdemeanors that call for one year or less in prison and handle preliminary hearings in felony cases. *Handle traffic and other ordinance violations Garnishments Eviction proceedings Land contract or mortgage foreclosures

Ordinance Enforcement Bureau Individuals appear before this bureau only to plead guilty and pay the appropriate fines. Those who wish to contest the citation would go to District Court to have the case heard. Some municipalities have these. The purpose of this bureau is to handle local ordinance violations of a minor nature (ex: neglecting the grass or keeping junk cars in the yard) in cases where an individual does not wish to contest the citation. The advantages are as follows: Keeps the docket of the District Court free to handle matters of a more serious nature. “Decriminalizes” the offense. Citizens do not have a misdemeanor on their record if the OEB handles the matter. Fosters compliance among residents.

Small Claims Court A division of District Court: Both parties must agree to the following: The case will be heard without lawyers The case will be heard without a jury Both parties give up the right to an appeal; the judges decision is final The settlement will be under $3000

Municipal Court Only 5 Municipalities in Michigan maintain this court instead of changing to District Court Hear civil cases involving up to $1500 Hear criminal cases in the same manner as the District Court