1.2Application of Court Rules to Family Division Proceedings
Subchapter 3.900 of the Michigan Court Rules governs proceedings involving juveniles in the Family Division.
MCR 3.901(A) provides as follows, in relevant part:
“(1) The rules in [subchapter 3.900], in subchapter 1.100 [(general provisions regarding applicability and construction of court rules)], and in subchapter 8.100 [(general administrative orders)] govern practice and procedure in the family division of the circuit court in all cases filed under the Juvenile Code.
“(2) Other Michigan Court Rules apply to juvenile cases in the family division of the circuit court only when [subchapter 3.900] specifically provides.”
Other court rules that are made specifically applicable to juvenile proceedings include:
•MCR 2.003 (disqualification of judge)1;
•MCR 2.004 (incarcerated parties)2;
•MCR 2.104(A) (proof of service of summons)3;
•MCR 2.106(G)(1) and MCR 2.106(G)(3) (proof of service by publication)4;
•MCR 2.107(D) (proof of service of documents other than summons)5;
•MCR 2.117(B) (appearance of attorney)6;
•MCR 2.119 (motion practice)7;
•MCR 2.313 (sanctions for disclosure and discovery violations)8;
•MCR 2.401, “except as otherwise provided in or inconsistent with the rules of [subchapter 3.900]” (scope and effect of pretrial conferences)9;
•MCR 2.406 (filing of records by use of facsimile communication equipment)10;
•MCR 2.506, “[e]xcept as otherwise stated in [MCR 3.920(E)]” (service of subpoenas)11;
•MCR 2.508–MCR 2.516, “except as provided in [MCR 3.911(C)]” (jury procedure)12;
•MCR 2.602(A)(1)-(2) (form and signing of judgments)13;
•MCR 2.613 (limitations on corrections of error)14;
•MCR 3.205 (manner of notice from Family Division to another Michigan court that has issued a prior order concerning the juvenile; authority of Family Division to proceed)15;
•MCR 3.604, “[e]xcept as otherwise provided by [MCR 3.935]” (cash or surety bond)16;
•MCR 3.606 (contempt of court, except for contempt of a minor personal protection order17 [PPO])18;
•Subchapter 3.700 of the Michigan Court Rules (issuance, dismissal, modification, or rescission of minor PPOs)19;
•MCR 3.709 (appeals related to minor PPOs20)21;
•MCR 3.907 (screening tools and risk and needs assessments in delinquency and designated proceedings)22;
•MCR 6.108 (procedure for probable cause conferences in designated cases)23;
•MCR 6.110 (procedure for preliminary examinations in designated cases)24;
•Subchapter 6.300 of the Michigan Court Rules (pleas in designated cases)25;
•Subchapter 6.400 of the Michigan Court Rules, “except for MCR 6.402(A) [(time of waiver of jury trial)][]” (trial of designated cases)26;
•MCR 6.401–MCR 6.420, except MCR 6.402(A)27 (jury procedure in designated cases)28;
•MCR 6.425 (sentencing hearing when adult sentence is imposed in designated cases, including procedure for appointment of appellate counsel)29;
•Subchapter 6.900 of the Michigan Court Rules (automatic waiver proceedings)30;
•Chapter 7 of the Michigan Court Rules, “[e]xcept as modified by [MCR 3.993]” (appeals from Family Division)31; and
•MCR 8.10832 (stenographic, mechanical, or electronic recording of proceedings on formal calendar).33
1 See MCR 3.912(D).
2 See MCR 3.920(A)(2).
3 See MCR 3.920(I)(1).
4 See MCR 3.920(I)(3).
5 See MCR 3.920(I)(2).
6 See MCR 3.915(C).
7 See MCR 3.922(D).
8 See MCR 3.922(A)(4).
9 See MCR 3.922(E).
11 See MCR 3.920(E)(3).
12 See MCR 3.911(C).
13 See MCR 3.925(C).
14 See MCR 3.902(A).
16 See MCR 3.935(F)(1).
17 MCR 3.982–MCR 3.989 govern proceedings against a minor for contempt of a minor PPO. MCR 3.928(B).
18 See MCR 3.928(B).
20 MCR 3.993 also governs appeals related to minor PPOs. MCR 3.981.
22 See MCR 3.901(B)(2).
23 See MCL 766.4. It is unclear to what extent MCL 766.4 (governing preliminary examinations and probable cause conferences) and the corresponding court rules, including MCR 6.108, may also apply to traditional waiver proceedings under MCL 712A.4. See MCL 766.4(1) (as amended by 2014 PA 123, effective May 20, 2014, and applicable to cases in which the defendant is arraigned in district court on or after January 1, 2015), providing that “[e]xcept as provided in . . . MCL 712A.4,” the court must schedule, at arraignment for a felony charge, a probable cause conference and a preliminary examination.
24 See MCR 3.953(E). It is unclear to what extent MCL 766.4 (governing preliminary examinations and probable cause conferences) and the corresponding court rules, including MCR 6.110, may also apply to traditional waiver proceedings under MCL 712A.4. See MCL 766.4(1) (as amended by 2014 PA 123, effective May 20, 2014, and applicable to cases in which the defendant is arraigned in district court on or after January 1, 2015), providing that “[e]xcept as provided in . . . MCL 712A.4,” the court must schedule, at arraignment for a felony charge, a probable cause conference and a preliminary examination.
27 See MCR 3.954. Note, however, that effective September 1, 2011, ADM 2005-19 deleted former MCR 6.414 (governing conduct of jury trial); much of the material contained in former MCR 6.414 was added to MCR 2.513, which applies in juvenile proceedings (see MCR 3.911[C]).
28 See MCR 3.911(C)(4).
29 See MCR 3.955(C).
30 See MCR 6.901(A)-(B). MCR 6.901(A) provides that “[t]he rules in [subchapter 6.900] take precedence over, but are not exclusive of, the rules of procedure applicable to criminal actions against adult offenders.”
31 See MCR 3.993(C)(1).
32 MCR 3.925(B) provides that “[a]ll proceedings on the formal calendar must be recorded by stenographic recording or by mechanical or electronic recording as provided by statute or MCR 8.108.” (Emphasis supplied.)
33 See MCR 3.925(B).