2.7Drafting and Typing a Complaint

Preferably, a complaint should be typed on the following State Court Administrative Office forms:

MC 200 — Complaint, Felony

DC 225 — Complaint, Misdemeanor

However, MCL 764.1(3) provides:

“A complaint for an arrest warrant or summons may be made and an arrest warrant or summons may be issued by any electronic or electromagnetic means of communication from any location in this state, if all of the following occur:

(a) The prosecuting attorney authorizes the issuance of the warrant or summons. Authorization may consist of an electronically or electromagnetically transmitted facsimile of the signed authorization.

(b) The judge or district court magistrate orally administers the oath or affirmation, in person or by any electronic or electromagnetic means of communication, to an applicant for an arrest warrant or summons who submits a complaint under this subsection.

(c) The applicant signs the complaint. Proof that the applicant has signed the complaint may consist of an electronically or electromagnetically transmitted facsimile of the signed complaint.”

A.Required Signatures on a Complaint

At least one attorney of record must sign every document on behalf of their client. MCR 1.109(E)(2). The party must sign if he or she is not represented by an attorney. Id. “If a document is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party.” MCR 1.109(E)(3). Electronic signatures are acceptable if they are made in accordance with MCR 1.109(E). See MCR 1.109(E)(4).

1.Signature and Written Authorization of Prosecuting Attorney

When written authorization by the prosecutor is required for issuance of a warrant or summons, it must be signed by the prosecuting attorney. MCL 764.1(1). See also MCR 6.101(C), which requires a complaint, in felony cases, to contain a prosecutor’s signature unless security for costs is filed with the court.

2.Signature and Oath of Complaining Witness

MCL 764.1a(1) requires a complaint to be “sworn to before a magistrate or clerk.” See also MCR 1.109(E)(2) (requiring all filed documents to be signed by at least one attorney of record or the party if not represented by an attorney); MCR 6.101(B) (requiring complaint to be “signed and verified under MCR 1.109(D)(3)”; “[a]ny requirement of law that a complaint filed with the court must be sworn is met by this verification”). When a warrant or summons is sought by electronic means, a facsimile of the applicant’s signature may be transmitted electronically to the court. MCL 764.1(3)(c).

The complaining witness swearing to the complaint need not necessarily be the victim. See, e.g., People v Graham, 173 Mich App 473, 475 (1988) (complainant was the victim’s mother). See also MCL 764.1a(5), which provides:

“The magistrate may require sworn testimony of the complainant or other individuals. Supplemental affidavits may be sworn to before an individual authorized by law to administer oaths. The factual allegations contained in the complaint, testimony, or affidavits may be based upon personal knowledge, information and belief, or both.”

Under MCL 764.1a(6), a magistrate must accept a complaint if the complaint is signed upon information and belief by an individual other than the victim if:

•the complainant alleges a violation of MCL 750.81 (assault and battery, including domestic assault and battery) or MCL 750.81a (aggravated assault and battery, including domestic aggravated assault and battery);1 and

•the person against whom the complaint is filed is a spouse or former spouse of the victim, has a child in common with the victim, has or has had a dating relationship with the victim, or resides or has resided in the same house as the victim.

Under MCL 764.1a(7), a magistrate must “accept a complaint alleging that a crime was committed in which the victim is a vulnerable adult [if] the complaint is signed upon information and belief by an individual other than the victim.”

B.Substantive Requirements of a Complaint

“A party filing a case initiating document . . . shall provide specified case information in the form and manner established by the State Court Administrative Office and as specified in other applicable rules.” MCR 1.109(D)(2). See also MCR 6.101(A). “At a minimum, specified case information shall include the name, an address for service, an e-mail address, and a telephone number of every party[.]” MCR 1.109(D)(2).

For a summary of the arrest warrant/summons process, including the substantive requirements of the complaint, see the Michigan Judicial Institute’s checklist describing the process for issuing an arrest warrant or summons and the checklist describing the process for electronically issuing an arrest warrant or summons.

1.Nature of the Offense

A complaint must recite the substance of the accusation against the accused and may contain factual allegations establishing reasonable cause to arrest. MCL 764.1d. See also MCR 6.101(A) (requiring a complaint to “include the substance of the accusation against the accused and the name and statutory citation of the offense”).

“In charging the offense, a detailed recital of the evidence by which it will be established is not required. Such facts must be averred that, if admitted, would constitute the offense and establish the guilt of the accused. The elements of the offense must be so stated that [the accused] can know what he [or she] is to meet and can prepare for his [or her] defense.” People v Quider, 172 Mich 280, 285-286 (1912). See also People v Higuera, 244 Mich App 429, 447-448 (2001) (where “the factual allegations provide the basis from which commission of the legal elements of the charge can be inferred[, a]ny deficiencies in the allegations of the actual charge . . . can be cured by amendment”).


Committee Tip:

A defendant must be charged on separate complaints and warrants when he or she commits two offenses that are not part of the same event or transaction.

 

a.Statutory Violations

A complaint based on a violation of a statutory provision must include “the name and statutory citation of the offense.” MCR 6.101(A). If the facts in a complaint sufficiently set out an offense under a particular section of a statute, it is immaterial that the complaint erroneously states the wrong section. People v Wolfe, 338 Mich 525, 536-537 (1953). Further, the facts contained in the complaint, not the conclusion of the person drafting it, control the particular section of law on which the charge should be predicated. Id. at 537.

b.Local Ordinance Violations

A complaint based on a violation of a local ordinance must substantially conform to the complaint requirements “as provided by law in misdemeanor cases in the district court.” MCL 90.5(1); MCL 66.7. The complaint does not need to set out the ordinance or its provisions; rather, “[i]t is a sufficient statement of the cause of action in the [complaint] to set forth substantially, and with reasonable certainty as to time and place, the act or offense complained of and to allege it to be in violation of an ordinance of the city, referring to the ordinance by its title and the date of its passage or approval.” MCL 90.10(1).2 See also MCL 66.9(2), which contains substantially similar language.

2.Date and Place of Offense

Generally, a complaint is not invalidated merely because the complainant is unable to ascertain the exact date of the alleged violation. Hamilton v People, 46 Mich 186, 188-189 (1881). However, the complaint should establish that the offense was committed within the period of limitations. People v Gregory, 30 Mich 371, 372-373 (1874). Also, when time is an element of the offense charged, it should be set out in the complaint as part of the substance of the offense. See People c Quider, 172 Mich 280, 285-286 (1912).

The complaint should state the place where the offense is alleged to have been committed. A court may take judicial notice of a municipality within its jurisdiction; thus, it is sufficient if the complaint names the municipality where the crime occurred without naming the county. People v Telford, 56 Mich 541, 543 (1885). However, in Gregory, 30 Mich at 372-373, the complaint was fatally defective where it “named no county . . . except the county of ‘Michigan.’” The Supreme Court reversed the defendant’s conviction because the erroneous statement naming the county of Michigan “was no better than a blank,” and thus the court lacked jurisdictional authority to proceed with the prosecution. Id.

For a violation of a local ordinance, the time and place should be stated on the complaint or warrant with “reasonable certainty.” MCL 66.9(2); MCL 90.10(1).

3.Requirements Under the Crime Victim’s Rights Act

Under the juvenile and serious misdemeanor articles of the Crime Victim’s Rights Act (CVRA), if a complaint, petition, appearance ticket, traffic citation, or other charging instrument cites any one of several enumerated offenses, or a violation of a local ordinance substantially corresponding to any one of the enumerated offenses, the prosecuting attorney or law enforcement officer must include a statement on the charging instrument “that the offense resulted in damage to another individual’s property or physical injury or death to another individual.” MCL 780.783a (juvenile article); MCL 780.811a (serious misdemeanor article).

Along with the charging instrument, the investigating law enforcement agency must file a separate list of the name, address, and telephone number of each victim for any offense or serious misdemeanor falling under the juvenile or serious misdemeanor articles of the CVRA. MCL 780.784 (juvenile article) and MCL 780.812 (serious misdemeanor article).3

a.Juvenile Article Enumerated Offenses

MCL 780.783a states that an enumerated offense under the juvenile article of the CVRA is one of the “juvenile offense[s] described in [MCL 780.781(1)(g)(iii)-(v)4], or a local ordinance substantially corresponding to [one of those] juvenile offense[s].” MCL 780.781(1)(g)(iii)-(v) include the following offenses:

•“[a] violation of [MCL 257.601b(2)5] (injuring a worker in a work zone)[;]”

•leaving the scene of a personal-injury accident, MCL 257.617a;

•“[a] violation of . . . [MCL 257.6256] (operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual[;]”

•selling or furnishing alcoholic liquor to an individual less than 21 years of age, MCL 436.1701, if the violation results in physical injury or death to any individual; and

•      “[a] violation of . . . [MCL 324.80176(1) or MCL 324.80176(3)7] (operating a motorboat while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.”

b.Serious Misdemeanor Enumerated Offenses

MCL 780.811a states that an enumerated offense under the serious misdemeanor article of the CVRA is one of the “serious misdemeanor[s] described in [MCL 780.811(1)(a)(xix)-(xxi)], or a local ordinance substantially corresponding to [one of those] serious misdemeanor[s].” MCL 780.811(1)(a)(xix)-(xxi) include the following offenses:

•operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, MCL 257.625, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual;

•   selling or furnishing alcoholic liquor to an individual less than 21 years of age, MCL 436.1701, if the violation results in physical injury or death to any individual;

•         “[a] violation of . . . [MCL 324.80176(1) or MCL 324.80176(3)8] (operating a motorboat while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.”

1    This requirement also applies to local ordinances substantially complying with MCL 750.81. MCL 764.1a(6).

2    MCL 90.10(1) “does not apply to an ordinance violation that constitutes a civil infraction.” MCL 90.10(1).

3   For a discussion of charging instrument requirements under the CVRA, or a discussion of the CVRA generally, see the Michigan Judicial Institute’s Crime Victim Rights Benchbook.

4    MCL 780.783a states that the enumerated offenses appear in MCL 780.781(1)(d)(iii)-(v). However, MCL 780.781 has been revised numerous times, and the offenses now appear in MCL 780.781(1)(g)(iii)-(v). MCL 780.783a has not been amended to reflect this change.

5    Note that MCL 257.601b has been subsequently amended to make it a misdemeanor to commit a moving violation that causes injury to another person in a work zone or school bus zone. See 2008 PA 296; 2011 PA 60. In deciding how MCL 780.781(1)(g)(iii) applies, the court should apply the rules of statutory interpretation.

6    Note that MCL 257.625 has been amended numerous times and now contemplates additional offenses such as offenses involving other intoxicating substances. In deciding how MCL 780.781(1)(g)(iii) applies, the court should apply the rules of statutory interpretation.

7    Effective March 31, 2015, 2014 PA 402 amended MCL 324.80176(1) and MCL 324.80176(3) to, among other things, replace the term vessel with motorboat; replace the term intoxicating liquor with alcoholic liquor; and add MCL 324.80176(1)(c) to prohibit a person from operating a motorboat with the presence of any amount of certain controlled substances in the body. In deciding how MCL 780.781(1)(g)(v) applies, the court should apply the rules of statutory interpretation.

8    Effective March 31, 2015, 2014 PA 402 amended MCL 324.80176(1) and MCL 324.80176(3) to, among other things, replace the term vessel with motorboat; replace the term intoxicating liquor with alcoholic liquor; and add MCL 324.80176(1)(c) to prohibit a person from operating a motorboat with the presence of any amount of certain controlled substances in the body. In deciding how MCL 780.781(1)(g)(v) applies, the court should apply the rules of statutory interpretation.