2.8Applicable Court Rules

Chapter 6 of the Michigan Court Rules governs criminal procedure. “The rules in subchapters 6.000—6.500, except MCR 6.006(C), govern matters of procedure in criminal cases cognizable in the circuit courts and in courts of equivalent criminal jurisdiction.” MCR 6.001(A). Some of these rules, as well as all of the rules in subchapter 6.600, are specified in MCR 6.001(B) as rules that “govern matters of procedure in criminal cases cognizable in the district courts.”

MCR 6.001(E) addresses and resolves any conflict that may exist or arise between the criminal procedure outlined in Chapter 6 of the Michigan Court Rules and any statutory provisions concerning the same procedure:

“The rules in [Chapter 6] supersede all prior court rules in [Chapter 6] and any statutory procedure pertaining to and inconsistent with a procedure provided by a rule in [Chapter 6].”

Additionally, the rules of civil procedure (except to the extent that they clearly apply only to civil actions) apply to criminal cases, unless a statute or court rule provides a similar or different procedure applicable to the circumstances. MCR 6.001(D).

A.Misdemeanors (Criminal Cases Cognizable in District Court)

MCR 6.001(B) provides that the following court rules “govern matters of procedure in criminal cases cognizable in the district courts[:]”

•MCR 6.001—MCR 6.004 (scope, purpose and construction, definitions, and speedy trial);

•MCR 6.005(B)-(C) (indigent defendants);

•MCR 6.006(A) and (C)-(E) (video and audio proceedings);

•MCR 6.101 (the complaint);

•MCR 6.103 (failure to appear);

•MCR 6.104(A) (arraignment without unnecessary delay before a court or by use of two-way interactive video technology and right to assistance of counsel at arraignment);

•MCR 6.105 (voluntary appearance);

•MCR 6.106 (pretrial release);

•MCR 6.009 (use of restraints on a defendant)

•MCR 6.125 (competency hearing);

•MCR 6.202 (disclosure of forensic laboratory report or certificate);

•MCR 6.425(D)(3) (incarceration for nonpayment of court-ordered financial obligations);

•MCR 6.427 (judgment);

•MCR 6.430 (postjudgment motion to amend restitution);

•MCR 6.435 (correcting mistakes);

•MCR 6.440 (disability of judge);

•MCR 6.441 (early probation discharge);

•MCR 6.445 (probation violation and revocation);

•MCR 6.450 (acknowledgment of technical probation violation);

•MCR 6.451 (reinstatement of convictions set aside without application)

•MCR 6.610 (district court criminal procedure);

•MCR 6.615 (misdemeanor cases);

•MCR 6.620 (jury impaneling); and

•MCR 6.625 (appeal and appointment of appellate counsel).

Other rules not specifically mentioned in MCR 6.001(B) may also be instructive in situations in which no court rule specific to district court procedure is supplied elsewhere. See, e.g., MCR 6.104(B) (governing the place of arraignment).

The circuit court generally retains jurisdiction over all proceedings in a case following bindover from the district court, including proceedings involving misdemeanors that would otherwise be cognizable in the district court. See MCR 6.008(B)-(E).¹

B.Felonies and Circuit Court Misdemeanors (Criminal Cases Cognizable in Circuit Court)

“The rules in subchapters 6.000—6.500, except MCR 6.006(C), govern matters of procedure in criminal cases cognizable in the circuit courts and in courts of equivalent criminal jurisdiction.” MCR 6.001(A).

The following court rules govern preliminary proceedings that may be conducted by district courts in cases involving felonies and misdemeanors that are not cognizable by the district court:

•MCR 6.008(A) (providing that “[t]he 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”);

•MCR 6.108 (probable cause conference);

•MCR 6.110 (preliminary examination); and

•MCR 6.111 (circuit court (post-bindover) arraignment in district court).²