“An informal hearing will be held unless
(a) a party expressly requests a formal hearing, or
(b) the violation is a trailway municipal civil infraction which requires a formal hearing pursuant to MCL 600.8717(4).” MCR 4.101(F)(1). See also MCL 257.745(5) (when the defendant wishes to deny responsibility, “[t]he court shall schedule an informal hearing, unless the person expressly requests a formal hearing”).
See also the Michigan Judicial Institute’s informal hearing checklist and informal hearing worksheet.
“An informal hearing shall be conducted by a district court magistrate when authorized by the judge or judges of the district court district or by a judge of a court listed in [MCL 257.741(2)].” MCL 257.746(1).
“A district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing.” MCL 257.746(1). “The judge or district court magistrate shall conduct the informal hearing in an informal manner so as to do substantial justice according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications.” Id.
“There shall not be a jury at an informal hearing.” MCL 257.746(1).
“For any hearing held under [MCR 4.101], and subject to MCR 2.407(B)(5),[1]the use of videoconferencing technology to conduct remote proceedings is presumed.” MCR 4.101(F)(4).
“Each municipal judge and each clerk of a court of record shall keep a full record of every case in which an individual is charged with or cited for a violation of [the MVC] or a local ordinance substantially corresponding to [the MVC] regulating the operation of vehicles on highways[.]” MCL 257.732(1). However, “[a] verbatim record of an informal hearing shall not be required.” MCL 257.746(1).
B.No Representation at Hearing
“At an informal hearing the person cited may not be represented by an attorney nor may the plaintiff be represented by the prosecuting attorney or attorney for a political subdivision.” MCL 257.746(2).
Discovery is not permitted in a civil infraction action. MCR 2.301(A)(3).
“Notice of a scheduled informal hearing shall be given to the citing police agency, which agency may subpoena witnesses for the plaintiff.” MCL 257.746(3).2 “The defendant may also subpoena witnesses.” Id. See also MCR 4.101(C)(1), requiring the court to “notify the police officer who issued the citation to appear at the informal hearing.” “The attendance of the officer at the hearing may not be waived.” MCR 4.101(C)(2). “Except when the court is notified before the commencement of a hearing of an emergency preventing an on-duty officer from appearing, failure of the police officer to appear as required by [MCR 4.101] shall result in a dismissal of the case without prejudice.” MCR 4.101(C).
“The provisions of MCR 2.501(C) regarding the length of notice of trial assignment do not apply in civil infraction actions.” MCR 4.101(F)(2).
The district court magistrate must find the person responsible for a civil infraction by a preponderance of the evidence. MCL 257.6b(c).
“Preponderance of the evidence means such evidence as, when weighted with that opposed to it, has more convincing force and the greater probability of truth.” People v Cross, 281 Mich App 737, 740 (2008) (quotation marks omitted).
“If the judge or district court magistrate determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the judge or magistrate shall enter an order against the person as provided in [MCL 257.907].”3 MCL 257.746(4). “Otherwise, a judgment shall be entered for the defendant, but the defendant shall not be entitled to costs of the action.” Id. The preponderance of the evidence test, as it relates to civil infraction actions, does not violate due process. People v Ferency, 133 Mich App 526, 536 (1984).
See also SCAO Form CIA 02, Judgment.
“The plaintiff and defendant shall be entitled to appeal an adverse judgment entered at an informal hearing.” MCL 257.746(5). “An appeal following an informal hearing is a matter of right, and must be asserted in writing, within 7 days after the decision, on a form to be provided by the court.”4 MCR 4.101(H)(2). “The appeal will result in a de novo formal hearing.” Id. “[A]n appeal shall be de novo in the form of a scheduled formal hearing as follows:
(a) The appeal from a judge of the district court shall be heard by a different judge of the district.
(b) The appeal from a district court magistrate shall be heard by a judge of the district.” MCL 257.746(5).
See also MCR 4.401(D) (“[a]ppeals of right may be taken from a decision of the district court magistrate to the district court in the district in which the magistrate serves . . . [and] [t]he action is heard de novo by the district court”); MCL 600.8515. Additionally, “[a]n action taken by a district court magistrate may be superseded, without formal appeal, by order of a district judge in the district in which the magistrate serves.” MCR 4.401(C).
“An appeal from a municipal judge shall be a trial de novo in the circuit court.” MCL 257.746(5).
Defendant’s appeal. “A defendant who appeals must post a bond as provided in [MCR 4.101(H)(1)(a)].” MCR 4.101(H)(2)(a). “If a defendant who has posted a bond defaults by failing to appear at the formal hearing, or if the appeal is dismissed or the judgment is affirmed, the bond may be applied to the fine and costs.” Id.
Plaintiff’s appeal. “A plaintiff’s appeal must be asserted by the prosecuting authority of the political unit that is responsible for providing the plaintiff’s attorney for the formal hearing.” MCR 4.101(H)(2)(b). “A bond is not required.” Id.
Appeal from an admission of responsibility. “There is no appeal of right from an admission of responsibility. 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)]. 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. If the court denies the request, the bond may be applied to the fine and costs.” MCR 4.101(H)(3).
1 MCR 2.407 addresses videoconferencing.
2 “Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs, by the city or village when the hearing involves an ordinance violation in a district where the district court is not functioning, or by the county when the hearing involves a violation of [the MVC] in a district where the district court is not functioning.” MCL 257.746(3).
3 See Section 6.18 for more information on ordering a fine and costs under MCL 257.907.
4 See SCAO Form CIA 05, Claim of Appeal of Right/Request to Withdraw Admission and Order, Civil Infraction. Note that MCR 4.401(D), which generally addresses appeals of magistrate decisions, requires a claim of appeal to be written “in substantially the same form provided by MCR 7.104[.]”