District court magistrates do not have the authority to conduct formal hearings. “A formal hearing shall be conducted only by a judge of a court having jurisdiction over civil infraction actions under [MCL 257.741(2)].” MCL 257.747(1).
A formal hearing must be held upon the express request of a party, or if the violation involves a railway 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”).
“A formal hearing shall be conducted only by a judge of a court having jurisdiction over civil infraction actions under [MCL 257.741(2)].” MCL 257.747(1).
“There shall not be a jury trial in a formal hearing.” MCL 257.747(4).
“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).
“In a formal hearing the person cited may be represented by an attorney, but is not entitled to appointed counsel at public expense.” MCL 257.747(2).
Discovery is not permitted in a civil infraction action. MCR 2.301(A)(3).
“Notice of a formal hearing shall be given to the prosecuting attorney or attorney for the political subdivision who represents the plaintiff.” MCL 257.747(3). “That attorney shall appear in court for a formal hearing and that attorney shall be responsible for the issuance of a subpoena to each witness for the plaintiff.” Id.2 “The defendant may also subpoena witnesses.” Id.
“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 court 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 determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the judge shall enter an order against the person as provided in [MCL 257.907].”3 MCL 257.747(5). “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.
“An appeal following a formal hearing is a matter of right.” MCR 4.101(H)(1).4
Defendant’s appeal. “A defendant who appeals must post with the district court, at the time the appeal is taken, a bond equal to the fine and costs imposed.” MCR 4.101(H)(1)(a). “A defendant who has paid the fine and costs is not required to post a bond.” Id.
“If a defendant who has posted a bond fails to comply with the requirements of MCR 7.104(D), the appeal may be considered abandoned, and the district court may dismiss the appeal on 14 days’ notice to the parties pursuant to MCR 7.113.” MCR 4.101(H)(1)(b). “The court clerk must promptly notify the circuit court of a dismissal and the circuit court shall dismiss the claim of appeal.” Id. “If the appeal is dismissed or the judgment is affirmed, the district court may apply the bond 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 provided the plaintiff’s attorney for the formal hearing.” MCR 4.101(H)(1)(c). “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 this act in a district where the district court is not functioning.” MCL 257.747(3).
3 See Section 1.20 for more information on ordering a fine and costs under MCL 257.907.
4 “Except as otherwise provided in [MCR 4.101], the appeal [following a formal hearing] is governed by subchapter 7.100 [of the Michigan Court Rules].” MCR 4.101(H)(1). See the Michigan Judicial Institute’s Appeals & Opinions Benchbook, Chapter 2, for information on circuit court appeals under subchapter 7.100.