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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 772.5 Compliance with order of court; discharge of accused.
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Sec. 5. Upon complying with the order of the court, the party complained of shall be discharged.
Mich. Comp. Laws § 772.6 Failure to pay recognizance; commitment to county jail; hearing.
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Sec. 6. If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security was required, or until the person provides that recognizance. A person shall not be incarcerat…
Mich. Comp. Laws § 772.7 Discharge of accused; unfounded, frivolous, or malicious complaint; payment of cost.
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Sec. 7. If upon examination the court determines there is not just cause to believe that an offense will be committed by the person against whom the complaint is made, the person shall promptly be discharged. If the court finds the complaint unfounded, frivolous, or malicious, th…
Mich. Comp. Laws § 772.8 Allowance and payment of costs.
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Sec. 8. If an order respecting costs is not made by the court, costs shall be allowed and paid in the same manner as costs in a prosecution of a minor offense in the same court. If a person is required to give security to keep the peace, the court may further order that the costs…
Mich. Comp. Laws § 772.9 Appeal from order to recognize to keep peace.
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Sec. 9. A person ordered by the court to recognize to keep the peace may, on giving the recognizance, appeal from the order in the same manner as provided for an appeal from a judgment on a misdemeanor prosecution entered in the same court.
Mich. Comp. Laws § 773.1 Inquest; procedures.
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Sec. 1. A magistrate holding an inquest pursuant to Act No. 181 of the Public Acts of 1953, as amended, being sections 52.201 to 52.216 of the Michigan Compiled Laws, shall follow the procedures prescribed in this chapter.
Mich. Comp. Laws § 773.11 Expenses and fees of inquest; payment.
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Sec. 11. The expenses and fees of the inquest shall be paid from the general fund of the county in which the inquisition was taken. When an inquest is held for a person who died in a prison or public reformatory of this state, the expense of the inquest shall be audited and paid …
Mich. Comp. Laws § 773.15 Complaint concerning deceased person buried in judicial district; request of prosecuting attorney or medical examiner; examination of complainant who knows or has good reason to believe deceased person came to death by means of poison or violence or in consequence of criminal act; postmortem examination; disinterment.
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Sec. 15. (1) Upon presentation to a magistrate of a written request of the prosecuting attorney or the medical examiner and a written complaint under oath stating that a deceased person is buried in the magistrate's judicial district, specifying in what township or city the perso…
Mich. Comp. Laws § 773.16 Inquest by justice of the peace; body once buried; reinterment.
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Sec. 16. As soon as the inquest shall have been completed, as provided for in the preceding section, the sheriff shall at once cause the body of the deceased person to be reinterred in the same place from whence he removed the same.
Mich. Comp. Laws § 773.18 Property of value found on unknown decedent; deposit with county treasurer; ultimate disposition, time.
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Sec. 18. It shall be the duty of said county clerk to deposit the same with the county treasurer, who shall safely keep said money or property for the period of 2 years from the time of receiving the same, unless the same shall be called for by the heirs or proper representatives…
Mich. Comp. Laws § 773.2 Inquest; jury; selection.
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Sec. 2. Upon determining that an inquest shall be held, a jury of 6 persons shall be selected. The jury shall be selected in the same manner as a jury is selected for the trial of a minor offense in the same court.
Mich. Comp. Laws § 773.22 Violation of chapter; misdemeanor, penalty.
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Sec. 22. Any persons who shall fail to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not to exceed 100 dollars or to be imprisoned in the county jail for a period not to exceed 90 da…
Mich. Comp. Laws § 773.23 Effect on prior acts.
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Sec. 23. Nothing herein contained shall be construed to repeal any of the provisions of Act 345 of the Public Acts of 1919, or any acts amendatory or supplementary thereto.
Mich. Comp. Laws § 773.3 Inquest; oath or affirmation to be administered jurors; view of body by jurors not required.
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Sec. 3. (1) When the jurors summoned have appeared, the magistrate shall administer an oath or affirmation in substance as follows: "You do solemnly swear or affirm that you will diligently inquire in behalf of the people of this state, when, in what manner, and by what means, th…
Mich. Comp. Laws § 773.4 Inquest; subpoenas for witnesses; enforcement; requiring attendance by physician or surgeon; employment of chemist; compensation; audit and allowance.
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Sec. 4. The magistrate may issue subpoenas for witnesses returnable immediately or at the time and place prescribed in the subpoena. The attendance of the person served with the subpoena may be enforced in the same manner and shall be subject to the same penalty as if the person …
Mich. Comp. Laws § 773.5 Inquest; oath or affirmation to be administered witnesses.
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Sec. 5. An oath or affirmation to the following effect shall be administered to each witness by the magistrate: "You do solemnly swear, or affirm, that the evidence you shall give at this inquest, concerning the death of the deceased, shall be the truth, the whole truth, and noth…
Mich. Comp. Laws § 773.6 Inquest; recording testimony of witnesses; transcript.
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Sec. 6. If there is a suspicion of murder, manslaughter, or assault, the testimony of all witnesses examined before the inquest shall be recorded by a stenographer or district court recorder. A written transcript of the testimony need not be prepared unless requested by the prose…
Mich. Comp. Laws § 773.7 Inquisition of jury; contents.
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Sec. 7. After hearing the testimony of the witnesses and making all necessary inquiries, the jury shall deliver to the magistrate their inquisition in which the jury shall find and certify when, in what manner, and by what means the deceased came to his or her death, the name of …
Mich. Comp. Laws § 773.8 Inquisition of jury; form.
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Sec. 8. The inquisition issued by the jury may be in the following form: County of .................... , ss. An inquisition taken at ........... , in this county, on the .......... day of ............ , before ............., a magistrate, by the oaths of the jurors whose names a…
Mich. Comp. Laws § 773.9 Returning inquisition, physical evidence, and transcript to circuit court or recorder's court if jury finds murder, manslaughter, or assault committed.
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Sec. 9. If the jury finds that a murder, manslaughter, or assault was committed upon the deceased, the magistrate immediately shall return to the circuit court in the county or to the recorder's court of the city of Detroit if the offense was committed within the jurisdiction of …
Mich. Comp. Laws § 774.10 Jurors or witness; failure to appear or refusal to be sworn or to testify; liability.
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Sec. 10. If a person is summoned to appear before a municipal court pursuant to this chapter as a juror or witness and fails to appear, or if the person appears but refuses to be sworn or to testify, the person shall be liable to the same penalties and may be proceeded against in…
Mich. Comp. Laws § 774.12 Summoning jury of 6 persons; method.
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Sec. 12. After joining the issues, and before the municipal court proceeds to try the case, if the accused has not waived his or her right to a trial by jury, the court shall summon a jury of 6 persons as follows: (a) If a statute specifies the method of summoning jurors for the …
Mich. Comp. Laws § 774.13 Directing disinterested person to strike out names for parties; issuance of venire.
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Sec. 13. If the prosecuting attorney or the accused neglects to strike out 6 names pursuant to section 12(b) of this chapter, the municipal court shall direct a suitable disinterested person to strike out the names for either or both of the parties. After the names have been stri…
Mich. Comp. Laws § 774.14 Police officer to summon jurors; list; returning list with venire to court.
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Sec. 14. The police officer to whom the venire is delivered shall summon the jurors personally, and shall make a list of the persons summoned. The police officer shall certify the list, annex it to the venire, and return the list with the venire to the municipal court within the …
Mich. Comp. Laws § 774.15 Supplying deficiency in number of jurors.
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Sec. 15. If any of the jurors named in the venire fail to appear in court, or if there is a legal objection to a juror who appears, the municipal court shall supply the deficiency by directing any police officer of the city who is present and disinterested, to summon as a juror a…
Mich. Comp. Laws § 774.16 Former service as juror as cause for challenge.
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Sec. 16. It is a cause for challenge of a juror in a municipal court, in addition to the other causes of challenge allowed by law, that the person has served as a juror in a municipal court 2 times within the 1-year period immediately preceding the challenge.
Mich. Comp. Laws § 774.17 Peremptory challenges.
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Sec. 17. In a misdemeanor or ordinance violation case in the municipal court, the prosecuting attorney may challenge 5 jurors peremptorily and the defendant may challenge 5 jurors peremptorily. In addition, the prosecuting attorney and the defendant may challenge 5 talesmen perem…
Mich. Comp. Laws § 774.18 New jury; continuation of proceedings; consent to trial by court.
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Sec. 18. If the police officer to whom the venire is delivered fails to return the venire as required, or if the jury fails to agree and is discharged by the municipal court, a new jury shall be selected and summoned in the same manner and the proceedings shall be continued as pr…
Mich. Comp. Laws § 774.19 Oath or affirmation to be administered jurors in misdemeanor or ordinance violation case.
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Sec. 19. The municipal judge shall administer substantially the following oath or affirmation to the jurors in a misdemeanor or ordinance violation case tried in a municipal court: "You do solemnly swear, (or, "You do solemnly and sincerely declare and affirm,") that you will wel…
Mich. Comp. Laws § 774.1a Arraignment of accused charged with misdemeanor or ordinance violation; reading charge to accused; entering plea in court's minutes.
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Sec. 1a. At the arraignment of an accused charged with a misdemeanor or an ordinance violation, the magistrate shall read to the accused the charge as stated in the warrant or complaint. The accused shall plead to the charge, and the plea shall be entered in the court's minutes. …
Mich. Comp. Laws § 774.1b Plea of not guilty or refusal to plead; setting date for trial; right to trial by jury; election.
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Sec. 1b. If the accused pleads not guilty or refuses to plead to the charge, the magistrate shall set a date for trial. The accused is entitled to trial by jury unless he or she expressly elects to be tried by the court without a jury, as provided in section 3 of chapter 3.
Mich. Comp. Laws § 774.1c Plea of guilty or nolo contendere; judgment.
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Sec. 1c. If the accused enters a plea of guilty or nolo contendere, the magistrate shall render judgment on that plea.
Mich. Comp. Laws § 774.1d Acquittal of accused in misdemeanor or ordinance violation case; discharge; costs.
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Sec. 1d. If the accused is acquitted in a misdemeanor or ordinance violation case, he or she shall be discharged immediately. If the court, before whom the trial is held, finds and certifies in its minutes that the complaint was wilful, malicious, and without probable cause, the …
Mich. Comp. Laws § 774.1e Refusal by, or neglect of, complainant to pay costs; judgment; execution; disposition of money collected.
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Sec. 1e. If the complainant refuses or neglects to pay the costs accrued under section 1d of this chapter, the court immediately may enter judgment against the complainant for the amount of those costs and issue execution on that judgment, in the same manner and with the same eff…
Mich. Comp. Laws § 774.2 Docket; contents; form; filing.
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Sec. 2. (1) Each judge of a municipal court shall keep a loose-leaf docket made up of printed docket sheets numbered consecutively by the printer, in which the judge shall enter all completed criminal cases. The docket shall contain the following information: (a) Name and address…
Mich. Comp. Laws § 774.20 Jurors; sitting together and hearing proofs and allegations; agreement on verdict or discharge; officer to take charge of jury.
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Sec. 20. After the jury is sworn, the jurors shall sit together and hear the proofs and allegations in the case, which shall be delivered in public and in the presence of the accused. After hearing the proofs and allegations, the jury shall be kept together in some convenient pla…
Mich. Comp. Laws § 774.21 Jurors; delivery of verdict; fees; certificate.
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Sec. 21. When the jurors have agreed on their verdict they shall deliver the verdict publicly to the municipal court, which shall enter the verdict in the minutes of its proceedings. The jurors shall each be entitled to the same fees as provided by law for jurors sworn in civil c…
Mich. Comp. Laws § 774.22 Judgment and sentence; costs and expenses; punishment.
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Sec. 22. If the accused is tried and found guilty in a municipal court, either by the court or by a jury, or is convicted upon a plea of guilty, the court shall render judgment and sentence the accused, either by a fine, imprisonment, or both, as the case may require. The court a…
Mich. Comp. Laws § 774.22c Psychiatrists and expenses of confinement; reference.
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Sec. 22c. The provisions of sections 1-c and 1-d of chapter 9, relative to psychiatrists and expenses of confinement shall be applicable to proceedings taken under this chapter.
Mich. Comp. Laws § 774.26 Fines and costs.
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Sec. 26. All fines and costs imposed by a municipal court, for a violation of state law shall be received by the court and paid over to the county treasurer on or before the last day of the month following receipt of the fine or costs. The county treasurer shall reimburse the mun…
Mich. Comp. Laws § 774.26a Blank forms for recording information concerning money received in criminal case; approval; completion.
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Sec. 26a. (1) The county treasurer shall provide a municipal court within the county with blank forms which have been approved by the state treasurer. The forms shall provide space for recording the following information with respect to all sums of money which the municipal court…
Mich. Comp. Laws § 774.26b Blank receipt forms; use; copies.
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Sec. 26b. (1) The county treasurer shall provide to each municipal court blank serially numbered receipt forms in triplicate, to be used if the court receives any money on account of a cash bail, bond, fine, penalty, or taxation of costs. The receipt forms shall provide space for…
Mich. Comp. Laws § 774.26c Account in financial institution for money received in criminal cases; deposits and withdrawals; secured deposits; limitation on acceptable assets; “financial institution” defined.
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Sec. 26c. (1) Each municipal court shall maintain a separate account in a financial institution for money received in criminal cases. All money received in criminal cases shall be deposited in the account daily if the receipts exceed $500.00, or whenever the receipts exceed $500.…
Mich. Comp. Laws § 774.26d Noncompliance as misdemeanor.
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Sec. 26d. A person who fails to comply with sections 26, 26a, 26b, or 26c of this chapter is guilty of a misdemeanor.
Mich. Comp. Laws § 774.28 Neglecting to pay fine or costs; action by county treasurer; neglecting to pay over fine to county treasurer as misdemeanor; punishment; judge to keep exact record of proceedings; liability.
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Sec. 28. (1) If a person who has received a fine or costs or any part of a fine or costs, neglects to pay the money pursuant to section 22 or 26 of this chapter, the county treasurer immediately shall commence an action for the unpaid amount, in the name of the people of this sta…
Mich. Comp. Laws § 774.2a Docket; cover or binder for docket sheets; alphabetical index; forms and dockets to be furnished by county.
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Sec. 2a. (1) A suitable cover or binder shall be used to preserve the docket sheets. There shall not be more than 1,000 loose-leaf docket sheets for each cover or binder. (2) An alphabetical index containing the names of all defendants and the number of each case as it appears in…
Mich. Comp. Laws § 774.2b File for criminal case; contents.
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Sec. 2b. Each municipal court shall have a file for each criminal case. The file shall be in a suitable envelope, jacket, or folder, and shall contain the complaint, the warrant if returned, and any other papers filed in the case.
Mich. Comp. Laws § 774.3 Dockets, files, and indexes as public records; inspection and examination; delivery of completed dockets with indexes to county clerk; destruction of files.
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Sec. 3. The dockets, files, and indexes shall be public records and shall be subject to inspection and examination during court hours. If a municipal court does not maintain regular hours, or if the court hours are less than 4 hours during the day, the dockets, files, and indexes…
Mich. Comp. Laws § 774.34 Appeal to circuit court; practice and procedure.
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Sec. 34. (1) A defendant who is convicted of a misdemeanor or ordinance violation in a municipal court in a city that does not adopt a resolution of approval under section 23a of the Michigan municipal court act, 1956 PA 5, MCL 730.523, may appeal to the circuit court for a trial…
Mich. Comp. Laws § 774.3a Docket; admissibility as evidence.
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Sec. 3a. A municipal court docket maintained and filed pursuant to section 2 of this chapter, or a true copy of the docket, shall be admissible as evidence of the facts contained in the docket.