1.15​Defendant’s Options When a Citation Is Issued

“A person to whom a citation is issued under [MCL 257.742] shall appear by or at the time specified in the citation and may respond to the allegations in the citation as provided in [MCL 257.745].” MCL 257.745(1).²² A defendant may appear by mail or in person. See the Michigan Judicial Institute’s appearance by mail checklist and appearance in person checklist.

A.​Admit Responsibility Without Explanation

“If the person wishes to admit responsibility for the civil infraction, the person may do so by appearing in person, by representation, or by mail.” MCL 257.745(2). “A defendant may not appear by making a telephone call to the court, but a defendant may telephone the court to obtain a date to appear.” MCR 4.101(B)(2). “If appearance is made by representation or mail, the court may accept the admission with the same effect as though the person personally appeared in court.” MCL 257.745(2). “Upon acceptance of the admission, the court may order any of the sanctions permitted under [MCL 257.907].” MCL 257.745(2).

“Except as provided in [MCR 4.101(E)(4)], an admission without explanation may be offered to and accepted by

(a) a district judge;

(b) a district court magistrate as authorized by the chief judge, the presiding judge, or the only judge of the district; or

(c) other district court personnel, as authorized by a judge of the district.” MCR 4.101(E)(1).

“There is no appeal of right from an admission of responsibility.” MCR 4.101(H)(3). “However, within 14 days after the admission, a defendant may file with the district court a written request to withdraw the admission, and must post a bond as provided in [MCR 4.101(H)(1)(a)].” MCR 4.101(H)(3). “If the court grants the request, the case will be scheduled for either a formal hearing or an informal hearing, as ordered by the court.” Id. “If the court denies the request, the bond may be applied to the fine and costs.” Id.

B.​Admit Responsibility With Explanation

“Depending on the nature of the violation and on the procedure appropriate to the violation, a defendant may appear in person, by videoconferencing technology, by representation, or by mail.” MCR 4.101(B)(1). See also MCL 257.745(3). “A defendant may not appear by making a telephone call to the court, but a defendant may telephone the court to obtain a date to appear.” MCR 4.101(B)(2). “A defendant who obtains a hearing date other than the date specified in the citation, but who does not appear to explain or contest responsibility, is in default, and the procedures established by [MCR 4.101(B)(4)-(6)] apply.”²³ MCR 4.101(F)(3). “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).

“If a person admits responsibility for a civil infraction ‘with explanation’ under [MCL 257.745(3)], the court shall accept the admission as though the person has admitted responsibility under [MCL 257.745(2)] and may consider the person’s explanation by way of mitigating any sanction which the court may order under [MCL 257.907].” MCL 257.745(4). “If appearance is made by representation or mail, the court may accept the admission with the same effect as though the person personally appeared in court, but the court may require the person to provide a further explanation or to appear in court.” Id.

“Except as provided in [MCR 4.101(E)(4)], an admission with explanation may be written or offered orally to a judge or district court magistrate, as authorized by the district judge.” MCR 4.101(E)(2).

“There is no appeal of right from an admission of responsibility.” MCR 4.101(H)(3). “However, within 14 days after the admission, a defendant may file with the district court a written request to withdraw the admission, and must post a bond as provided in [MCR 4.101(H)(1)(a)].” MCR 4.101(H)(3). “If the court grants the request, the case will be scheduled for either a formal hearing or an informal hearing, as ordered by the court.” Id. “If the court denies the request, the bond may be applied to the fine and costs.” Id.

C.​Deny Responsibility

“If the person wishes to deny responsibility for a civil infraction, the person shall do so by appearing for an informal or formal hearing.” MCL 257.745(5). “Depending on the nature of the violation and on the procedure appropriate to the violation, a defendant may appear in person, by videoconferencing technology, by representation, or by mail.” MCR 4.101(B)(1). See also MCL 257.745(5). “A defendant may not appear by making a telephone call to the court, but a defendant may telephone the court to obtain a date to appear.” MCR 4.101(B)(2). “The court shall schedule an informal hearing, unless the person expressly requests a formal hearing.” MCL 257.745(5). “If the hearing date is specified on the citation, the person shall appear on that date for an informal hearing unless the person contacts the court at least 10 days before that date in person, by representation, by mail, or by telephone to request a formal hearing.” Id.

“A defendant who obtains a hearing date other than the date specified in the citation, but who does not appear to explain or contest responsibility, is in default, and the procedures established by [MCR 4.101(B)(4)-(6)] apply.”²⁴ MCR 4.101(F)(3). 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).

“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 which may be furnished by the defendant.” Id. “An informal hearing shall be conducted pursuant to [MCL 257.746²⁵] and a formal hearing shall be conducted pursuant to [MCL 257.747²⁶].” MCL 257.745(5).

“Except as provided in [MCR 4.101(E)(4)], a denial of responsibility must be made by the defendant appearing at a time set either by the citation or as the result of a communication with the court.” MCR 4.101(E)(3).