6.27Defendant’s Response to Citation

“A person to whom a citation is issued under [MCL 600.8707 or MCL 600.8807] shall appear by or at the time specified in the citation and, except as otherwise provided by [MCL 600.8709(5)¹], may respond to the allegations in the citation as provided in [MCL 600.8715 if the citation is for a municipal civil infraction or MCL 600.8815 if the citation is for a state civil infraction].” MCL 600.8715(1); MCL 600.8815(1). A defendant may respond to the citation by appearing by mail, by representation, or in person. See MCR 4.101(E). See the Michigan Judicial Institute’s appearance by mail checklist and appearance in person checklist.

A.Admit Responsibility

A defendant may admit responsibility for a municipal civil infraction or a state civil infraction by:

•appearing in person,

•by representation, or

•by mail. MCL 600.8715(2); MCL 600.8815(2).

“If appearance is made by representation or mail, the court may accept the admission with the same effect as though the defendant personally appeared in court. Upon acceptance of the admission, the court may order any of the sanctions permitted under [MCL 600.8727 or MCL 600.8827].” MCL 600.8715(2); MCL 600.8815(2).

For any hearing held under MCR 4.101 and subject to MCR 2.407(B)(5), the use of videoconferencing technology to conduct remote proceedings is presumed. MCR 4.101(F)(4).

B.Admit Responsibility “With Explanation”

A defendant may admit responsibility “with explanation” for a municipal civil infraction or a state civil infraction by:

•appearing by mail; or

•contacting the court in person, by mail, by telephone, or by representation to schedule a time for the defendant to appear in court in person or by representation. MCL 600.8715(3); MCL 600.8815(3).

“If a defendant admits responsibility for [a municipal civil infraction or a state civil infraction] ‘with explanation’ under [MCL 600.8715(3) or MCL 600.8815(3)], the court shall accept the admission as though the defendant has admitted responsibility under [MCL 600.8715(2) or MCL 600.8815(2)] and may consider the defendant’s explanation by way of mitigating any sanction that the court may order under [MCL 600.8727].” MCL 600.8715(4); MCL 600.8815(4).

“If appearance is made by representation or mail, the court may accept the admission with the same effect as though the defendant personally appeared in court, but the court may require the defendant to provide a further explanation or to appear in court.” MCL 600.8715(4); MCL 600.8815(4). For any hearing held under MCR 4.101 and subject to MCR 2.407(B)(5),the use of videoconferencing technology to conduct remote proceedings is presumed. MCR 4.101(F)(4).

The defendant’s explanation may serve to mitigate the sanction imposed, but the citation cannot be dismissed after a defendant has admitted responsibility. In re Justin, 490 Mich 394, 414 n 41 (2012) (“There is absolutely no statutory authority permitting a judge to dismiss a case ‘after explanation.’”)

C.Deny Responsibility

“If the defendant wishes to deny responsibility for a [municipal civil infraction or a state civil infraction], the defendant shall do so by appearing for an informal or formal hearing.” MCL 600.8715(5); MCL 600.8815(5).

“If the hearing date is not specified on the citation, the defendant shall contact the court in person, by representation, by mail, or by telephone, and obtain a scheduled date and time to appear for an informal or formal hearing.” MCL 600.8715(5); MCL 600.8815(5). For any hearing held under MCR 4.101 and subject to MCR 2.407(B)(5), the use of videoconferencing technology to conduct remote proceedings is presumed. MCR 4.101(F)(4).

1.Municipal Civil Infractions

“If the hearing date is specified on the citation, the defendant shall appear on that date. The hearing shall be an informal hearing, unless a formal hearing is requested by the defendant or the plaintiff as provided by [MCL 600.8717]. MCL 600.8715(5).²

MCL 600.8717(1) provides that “[t]he court shall schedule a formal hearing if either the defendant or the plaintiff expressly requests a formal hearing[.]” The request must be received by the court at least 10 days before the hearing date, and may be made in person, by representation, by mail, or by telephone. MCL 600.8717(2). The party requesting the formal hearing must notify the other party or parties at least 10 days before the hearing date. MCL 600.8717(3). The notification may be made in person, by representation, by mail, or by telephone. Id. 

“If a hearing is scheduled by telephone, the court shall mail the defendant a confirming notice of that hearing by regular mail to the address appearing on the citation or to an address that is furnished by the defendant.” MCL 600.8715(5).

“An informal hearing shall be conducted pursuant to [MCL 600.8719], and a formal hearing shall be conducted pursuant to [MCL 600.8721].” MCL 600.8715(5).

2.State Civil Infractions

“If the hearing date is specified on the citation, the defendant shall appear on that date for an informal hearing unless the defendant contacts the court at least 10 days before that date in person, by representation, by mail, or by telephone to request a formal hearing.” MCL 600.8815(5).

“The court shall schedule an informal hearing, unless the defendant expressly requests a formal hearing.” MCL 600.8815(5). “If the defendant expressly requests a formal hearing, the court shall schedule a formal hearing. If an informal or formal hearing is scheduled by telephone, the court shall mail the defendant a confirming notice of that hearing by regular mail to the address appearing on the citation or to an address that is furnished by the defendant.” MCL 600.8815(5).

“An informal hearing shall be conducted pursuant to [MCL 600.8819], and a formal hearing shall be conducted pursuant to [MCL 600.8821].” MCL 600.8815(5).

D.Court’s Acceptance of Defendant’s Response to a Citation

“If [an authorized local official issues a citation under MCL 600.8707, or a law enforcement officer issues a citation under MCL 600.8807], the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint.” MCL 600.8711; MCL 600.8811.

“If the defendant denies responsibility for the [municipal civil infraction or the state civil infraction], further proceedings shall not be held until a sworn complaint is filed with the court.” MCL 600.8711; MCL 600.8811.

Further, “[a] warrant for arrest for failure to appear on [a] municipal civil infraction citation under [MCL 600.8727(9)] shall not be issued until a sworn complaint relative to the municipal civil infraction is filed with the court.” MCL 600.8711.

“Notwithstanding any provision of law to the contrary and except in cases where the complaint is for an assaultive crime or an offense involving domestic violence, in the event that a defendant fails to appear for a court hearing and it is the defendant’s first failure to appear in the case, there is a rebuttable presumption that the court must wait 48 hours before issuing a bench warrant to allow the defendant to voluntarily appear. If the defendant does not appear within 48 hours, the court shall issue a bench warrant unless the court believes there is good reason to instead schedule the case for further hearing.” MCL 764.3(1). “The court may overcome the presumption under [MCL 764.3(1)] and issue an immediate bench warrant for the defendant’s failure to appear if the court has a specific articulable reason to suspect that any of the following apply:

(a) The defendant has committed a new crime.

(b) A person or property will be endangered if a bench warrant is not issued.

(c) Prosecution witnesses have been summoned and are present for the proceeding.

(d) The proceeding is to impose a sentence for the crime.

(e) There are other compelling circumstances that require the immediate issuance of a bench warrant.” MCL 764.3(3).

The court must state its reasons for departing from the presumption under MCL 764.3(1) if it issues an immediate bench warrant. MCL 764.3(4). “When a court delays the issuance of a warrant, the court shall not revoke the release order or declare bail money deposited or the surety bond, if any, forfeited. Upon the issuance of the arrest warrant, the court may then enter an order revoking the release order and declaring the bail money deposited, personal recognizance bond, surety bond, or 10% bond, if any, forfeited.” MCL 764.3(2).