1.5Jurisdiction of the District Court
The district court has the following jurisdiction:
•Exclusive jurisdiction over civil claims of $25,000 or less. MCL 600.8301(1).
•Civil infractions. MCL 600.8301(2).
•Although the family division of the circuit court generally has jurisdiction over all offenses committed by a person who is under 18 years of age, MCL 712A.2, it “may enter into an agreement with any or all district courts or municipal courts within the court’s geographic jurisdiction to waive jurisdiction over any or all civil infractions alleged to have been committed by juveniles within the geographic jurisdiction of the district court or municipal court. The agreement shall specify for which civil infractions the court waives jurisdiction.” MCL 712A.2e(1). “For a civil infraction waived under [MCL 712A.2e(1)] committed by a juvenile on or after the effective date of the agreement, the district court or municipal court has jurisdiction over the juvenile in the same manner as if an adult had committed the civil infraction.” MCL 712A.2e(2).
•Summary proceedings to recover land. MCL 600.5704. But damage claims in excess of the jurisdictional limit must be brought in circuit court. Ames v Maxson, 157 Mich App 75, 80-81 (1987).
•Criminal. MCL 600.8311. See also MCR 6.008(A) (“The district court has jurisdiction over all misdemeanors and all felonies through the preliminary examination and until the entry of an order to bind the defendant over to the circuit court.”
•Misdemeanors punishable by fine or imprisonment of 1 year or less or both. MCL 600.8311(a).
•Ordinance and charter violations punishable by fine or imprisonment or both. MCL 600.8311(b).
•Arraignments, setting bail, and accepting bonds. MCL 600.8311(c).
•Probable cause conferences in all felony cases and misdemeanor cases not cognizable by the district court and all matters allowed at the probable cause conference under MCL 766.4. MCL 600.8311(d).
•Preliminary examinations for all felony cases and misdemeanor cases not cognizable by the district court and all matters allowed at the preliminary examination under MCL 766.1 et seq. (There is no preliminary examination for any misdemeanor case that will be tried in a district court.) MCL 600.8311(e).
•Circuit court arraignments in all felony cases and misdemeanor cases not cognizable by the district court under MCL 766.13. (However, sentencing for felony cases and misdemeanor cases must be conducted by a circuit judge.) MCL 600.8311(f).
•Subject to the above-discussed criminal criteria, in general, state courts in Michigan, not federal courts, “have jurisdiction over a criminal prosecution in which a defendant is a non-Indian, the offense is committed on Indian lands or in Indian country, and the offense is either victimless or the victim is not an Indian.” People v Collins, 298 Mich App 166, 177 (2012).
•Small claims1 in which the amount claimed does not exceed the following:
•Beginning January 1, 2015, $5,500.00.
•Beginning January 1, 2018, $6,000.00.
•Beginning January 21, 2021, $6,500.00.
•Beginning January 1, 2024, $7,000.00. MCL 600.8401.
•No general equitable jurisdiction, MCL 600.8315, except concurrent jurisdiction with the circuit court pursuant to MCL 600.8302:
•In small claims cases, injunctions and orders rescinding and reforming contracts. MCL 600.8302(2).
•In summary proceedings, equitable claims regarding interests in land and equitable claims arising out of foreclosure, partition or public nuisances. MCL 600.8302(3). See Mfrs Hanover Mortgage Corp v Snell, 142 Mich App 548, 554 (1985).2
•In an action under Chapter 87 of the Revised Judicature Act, (addressing municipal civil infractions), to issue and enforce any judgment, writ, or order necessary to enforce the ordinance. MCL 600.8302(4).
•Equitable jurisdiction over forfeiture proceedings brought under Chapter 47 of the Revised Judicature Act. MCL 600.8303.
•Attachment and garnishment under certain conditions. MCL 600.8306.
•Civil actions to recover the possession of goods or chattels which are unlawfully taken or unlawfully detained if within the limitations of the jurisdictional amount and venue otherwise applicable to the district court. MCL 600.8308.
Concurrent jurisdiction. Some district courts are under concurrent jurisdiction plans pursuant to MCL 600.401. “A plan of concurrent jurisdiction under [MCL 600.401] may provide for 1 or more of the following:
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(e) The district court and 1 or more district judges may exercise the power and jurisdiction of the circuit court.
(f) The district court and 1 or more district judges may exercise the power and jurisdiction of the probate court.
(g) If there are multiple district court districts within the judicial circuit, 1 or more district judges may exercise the power and jurisdiction of judge of another district court district within the judicial circuit.” MCL 600.401(2).
However, “[i]n a district court district in which the district court is affected by a plan of concurrent jurisdiction adopted under [C]hapter 4[ of the Revised Judicature Act, MCL 600.401 et seq.], the district court has concurrent jurisdiction with the circuit court or the probate court, or both, as provided in the plan of concurrent jurisdiction, except as to the following matters:
(a) The circuit court has exclusive jurisdiction over appeals from the district court and from administrative agencies as authorized by statute.
(b) The circuit court has exclusive jurisdiction and power to issue, hear, and determine prerogative and remedial writs consistent with section 13 of article VI of the state constitution of 1963.” MCL 600.8304.
Under a plan of concurrent jurisdiction, any magistrate in any of the district courts involved in the concurrent jurisdiction plan approved by the Michigan Supreme Court is authorized to use any powers granted to them by their judge under the local administrative order (LAO), which must outline the duties that the district court magistrate is authorized to perform pursuant to statute. See MCL 600.401, MCL 600.8304, MCL 600.8501, Administrative Order No. 2009-6, 485 Mich xcv (2009).
If there is a multiple district plan, a district court magistrate has limited authority to conduct certain proceedings outside the district. MCL 600.8251(6). For further discussion of multiple district plans see Section 1.7.
“As part of a concurrent jurisdiction plan, the circuit court and district court may enter into an agreement for district court probation officers to prepare the presentence investigation report and supervise on probation defendants who either plead guilty to, or are found guilty of, a misdemeanor in circuit court. The case remains under the jurisdiction of the circuit court.” MCR 6.008(E).
1 Note that only attorney district court magistrates may hear small claims cases. MCL 600.8427.
2 Because MCL 600.8302(3) is a more specific grant of jurisdictional power than the general grant of jurisdictional power found in [MCL 600.8301(1),it takes precedence. Bruwer v Oaks (On Remand), 218 Mich App 392, 396 (1996). See also Clohset, 302 Mich App at 561-562, where the Court of Appeals held that the district court had jurisdiction over the case even though the judgment was for an amount outside its jurisdictional limit under MCL 600.8301(1) “[b]ecause subject-matter jurisdiction is determined by reference to the pleadings, and because the complaint filed by the [plaintiffs] in the district court invoked the district court’s specific jurisdiction under MCL 600.8302(1) and [MCL 600.8302(3)] and chapter 57 of the [Revised Judicature Act] RJA, [a] specific jurisdictional grant that takes precedence over the more general jurisdictional grant found in MCL 600.8301(1)[.]”