6.23Citation Content Requirements

All state and municipal civil infraction citations must contain:

•the plaintiff’s name (the state is the plaintiff in a state civil infraction action);

•the defendant’s name and address;

•the civil infraction alleged;

•the place where the defendant must appear in court;

•the court’s telephone number; and

•the time at or by which the appearance must be made. MCL 600.8709(1); MCL 600.8809(1).

Further, all state and municipal civil infraction citations must inform the defendant that he or she may do one of the following:

•admit responsibility for the municipal civil infraction or state civil infraction in person, by representation, or by mail;

•admit responsibility for the municipal civil infraction or state civil infraction “with explanation” in person, by representation, or by mail; or

•deny responsibility for the municipal civil infraction or state civil infraction by doing either of the following:

•appearing in person for an informal hearing before a judge or a district court magistrate, without the opportunity of being represented by an attorney; or

•appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney. MCL 600.8709(2); MCL 600.8809(2).

A.Additional Requirements for Municipal Civil Infraction Citations

A municipal civil infraction citation must also inform the defendant of all of the following:

“(a) That if the defendant desires to admit responsibility ‘with explanation’ in person or by representation, the defendant must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.

(b) That if the defendant desires to deny responsibility, the defendant must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing unless a hearing date is specified on the citation.

(c) That a hearing shall be an informal hearing unless a formal hearing is requested by the defendant or the plaintiff political subdivision.

(d) That at an informal hearing the defendant must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.

(e) That at a formal hearing the defendant must appear in person before a judge with the opportunity of being represented by an attorney.” MCL 600.8709(3).

Finally, “[t]he citation shall contain a notice in boldfaced type that the failure of the defendant to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the defendant on the municipal civil infraction. Except as provided in [MCL 600.8709(5)], return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs, return of the citation with an admission of responsibility with explanation, or timely application to the court for a scheduled date and time for an appearance under [MCL 600.8709(3)(a)] or a hearing under [MCL 600.8709(3)(b)] constitutes a timely appearance.” MCL 600.8709(4).

Trailway municipal civil infractions. “A citation that may be issued for a trailway municipal civil infraction shall be designed to allow the authorized local official to indicate that the defendant is required to appear at a formal hearing.” MCL 600.8709(5).

“An authorized local official issuing a citation for a trailway municipal civil infraction shall require the defendant to appear at a formal hearing if either or both of the following apply:

(a) The trailway municipal civil infraction caused damage to a natural resource or facility.

(b) The authorized local official impounds the vehicle.” MCL 600.8709(5).

B.Additional Requirements for State Civil Infraction Citations

A state civil infraction citation must also inform the defendant “that if the defendant desires to admit responsibility ‘with explanation’ other than by mail or to have an informal hearing or a formal hearing, the defendant must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing. A hearing date may be specified on the citation.” MCL 600.8809(3).

Finally, “[t]he citation shall contain a notice in boldfaced type that the failure of the defendant to appear within the time specified in the citation or at the time scheduled for a hearing or appearance will result in entry of a default judgment against the defendant on the state civil infraction and a refusal by the secretary of state to issue or renew an operator’s or chauffeur’s license for the defendant. Timely application to the court for a hearing, return of the citation with an admission of responsibility with explanation, or return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs constitutes a timely appearance.” MCL 600.8809(4).