Chapter 7: Probable Cause Conferences, Preliminary Examinations, and Bindover

 

7.1Introduction

This chapter discusses probable cause conferences, preliminary examinations, bindover, and circuit court (post-bindover) arraignments in felony cases.

Effective May 20, 2014, and applicable to cases in which the defendant is arraigned in district or municipal court on or after January 1, 2015,1 2014 PA 123 and 2014 PA 124 amended several provisions in the Code of Criminal Procedure and the Revised Judicature Act related to preliminary examinations, probable cause conferences, and the jurisdiction and duties of district court judges and magistrates with respect to pretrial proceedings in felony cases. For a chart outlining the differences in procedures before and after January 1, 2015, as a result of statutory reforms concerning probable cause conferences, preliminary examinations, and felony pleas, see SCAO Memorandum, July 23, 2014. For additional information, see the SCAO’s Best Practices for Probable Cause Conferences and Preliminary Examinations.

See the following Michigan Judicial Institute Pretrial/Trial Quick Reference Materials: a table including information on the jurisdiction of district court judges and magistrates over preliminary matters in criminal proceedings; a checklist for conducting a probable cause conference; a checklist for a waiver of preliminary examination; and a checklist for conducting a preliminary examination.

1    See 2014 PA 123, enacting section 1; 2014 PA 124, enacting section 2.