If authorized, “[a] district court magistrate may conduct an informal hearing and may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing.” MCL 600.8719(1); MCL 600.8819(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 is not bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications.” MCL 600.8719(1); MCL 600.8819(1). 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).
At an informal hearing:
•there is no jury;
•a verbatim record is not required;
•the defendant is not represented by an attorney; and
•the plaintiff is not represented by the prosecuting attorney or attorney for a political subdivision. MCL 600.8719(1)-(2); MCL 600.8819(1)-(2).
Notice. “Notice of a scheduled informal hearing shall be given to the plaintiff.” MCL 600.8719(3); MCL 600.8819(3).
“The plaintiff and defendant may subpoena witnesses.” MCL 600.8719(3); MCL 600.8819(3).
“Witness fees need not be paid in advance to a witness.” MCL 600.8719(3); MCL 600.8819(3).
Municipal civil infractions. “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, or by the city or village if the hearing involves an ordinance violation in a district where the district court is not functioning.” MCL 600.8719(3).
State civil infractions. “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.” MCL 600.8819(3).
B.District Court Magistrate’s Determination
“If the judge or district court magistrate determines by a preponderance of the evidence that the defendant is responsible for a [municipal civil infraction or a state civil infraction], the judge or magistrate shall enter an order against the defendant as provided in [MCL 600.8727 for municipal civil infractions or MCL 600.8827 for state civil infractions]. Otherwise, a judgment shall be entered for the defendant, but the defendant is not entitled to costs of the action.” MCL 600.8719(4); MCL 600.8819(4).
See also MCL 600.113(3) (“A determination that a defendant is responsible for a civil infraction and thus subject to civil sanctions shall be by a preponderance of the evidence.”)
“Preponderance of the evidence means such evidence, as, when weighed 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).
1.Municipal Civil Infractions
“The plaintiff and defendant are entitled to appeal an adverse judgment entered at an informal hearing. An appeal from a municipal judge shall be a trial de novo in the circuit court. In other instances, an 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 600.8719(5).
2.State Civil Infractions
“The plaintiff or defendant may appeal an adverse judgment entered at an informal hearing. An appeal from a municipal judge shall be a bench trial de novo in the circuit court. In other instances, an 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 600.8819(5).