Michigan Compiled Laws 175-1927-xiv Chapter XIV Jurisdiction And Procedure Of Justices' Courts In Criminal Cases (774.1...774.49)

• Section 774.1 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to powers and jurisdiction of justice of peace.
• Section 774.1a Arraignment Of Accused Charged With Misdemeanor Or Ordinance Violation; Reading Charge To Accused; Entering Plea In Court's Minutes.
  At the arraignment of an accused charged with a misdemeanor or an ordinance violation, the magistrate shall read to the accused the charge as...
• Section 774.1b Plea Of Not Guilty Or Refusal To Plead; Setting Date For Trial; Right To Trial By Jury; Election.
  If the accused pleads not guilty or refuses to plead to the charge, the magistrate shall set a date for trial. The accused is...
• Section 774.1c Plea Of Guilty Or Nolo Contendere; Judgment.
  If the accused enters a plea of guilty or nolo contendere, the magistrate shall render judgment on that plea. History: Add. 1980, Act 506,...
• Section 774.1d Acquittal Of Accused In Misdemeanor Or Ordinance Violation Case; Discharge; Costs.
  If the accused is acquitted in a misdemeanor or ordinance violation case, he or she shall be discharged immediately. If the court, before whom...
• Section 774.1e Refusal By, Or Neglect Of, Complainant To Pay Costs; Judgment; Execution; Disposition Of Money Collected.
  If the complainant refuses or neglects to pay the costs accrued under section 1d of this chapter, the court immediately may enter judgment against...
• Section 774.2 Docket; Contents; Form; Filing.
  (1) Each judge of a municipal court shall keep a loose-leaf docket made up of printed docket sheets numbered consecutively by the printer, in...
• Section 774.2a Docket; Cover Or Binder For Docket Sheets; Alphabetical Index; Forms And Dockets To Be Furnished By County.
  (1) A suitable cover or binder shall be used to preserve the docket sheets. There shall not be more than 1,000 loose-leaf docket sheets...
• Section 774.2b File For Criminal Case; Contents.
  Each municipal court shall have a file for each criminal case. The file shall be in a suitable envelope, jacket, or folder, and shall...
• Section 774.3 Dockets, Files, And Indexes As Public Records; Inspection And Examination; Delivery Of Completed Dockets With Indexes To County Clerk; Destruction Of Files.
  The dockets, files, and indexes shall be public records and shall be subject to inspection and examination during court hours. If a municipal court...
• Section 774.3a Docket; Admissibility As Evidence.
  A municipal court docket maintained and filed pursuant to section 2 of this chapter, or a true copy of the docket, shall be admissible...
• Section 774.4-774.8 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed sections pertained to complaint, warrant, reading charge to accused, arraignment, and entry of plea.
• Section 774.9 Authority Of Municipal Court Judge To Issue Subpoena And Administer Oaths In Misdemeanor And Ordinance Violation Cases.
  A judge of a municipal court has the same authority to issue a subpoena to compel the attendance of a witness and to administer...
• Section 774.10 Jurors Or Witness; Failure To Appear Or Refusal To Be Sworn Or To Testify; Liability.
  If a person is summoned to appear before a municipal court pursuant to this chapter as a juror or witness and fails to appear,...
• Section 774.11 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to bail.
• Section 774.12 Summoning Jury Of 6 Persons; Method.
  After joining the issues, and before the municipal court proceeds to try the case, if the accused has not waived his or her right...
• Section 774.13 Directing Disinterested Person To Strike Out Names For Parties; Issuance Of Venire.
  If the prosecuting attorney or the accused neglects to strike out 6 names pursuant to section 12(b) of this chapter, the municipal court shall...
• Section 774.14 Police Officer To Summon Jurors; List; Returning List With Venire To Court.
  The police officer to whom the venire is delivered shall summon the jurors personally, and shall make a list of the persons summoned. The...
• Section 774.15 Supplying Deficiency In Number Of Jurors.
  If any of the jurors named in the venire fail to appear in court, or if there is a legal objection to a juror...
• Section 774.16 Former Service As Juror As Cause For Challenge.
  It is a cause for challenge of a juror in a municipal court, in addition to the other causes of challenge allowed by law,...
• Section 774.17 Peremptory Challenges.
  In a misdemeanor or ordinance violation case in the municipal court, the prosecuting attorney may challenge 5 jurors peremptorily and the defendant may challenge...
• Section 774.18 New Jury; Continuation Of Proceedings; Consent To Trial By Court.
  If the police officer to whom the venire is delivered fails to return the venire as required, or if the jury fails to agree...
• Section 774.19 Oath Or Affirmation To Be Administered Jurors In Misdemeanor Or Ordinance Violation Case.
  The municipal judge shall administer substantially the following oath or affirmation to the jurors in a misdemeanor or ordinance violation case tried in a...
• Section 774.20 Jurors; Sitting Together And Hearing Proofs And Allegations; Agreement On Verdict Or Discharge; Officer To Take Charge Of Jury.
  After the jury is sworn, the jurors shall sit together and hear the proofs and allegations in the case, which shall be delivered in...
• Section 774.21 Jurors; Delivery Of Verdict; Fees; Certificate.
  When the jurors have agreed on their verdict they shall deliver the verdict publicly to the municipal court, which shall enter the verdict in...
• Section 774.22 Judgment And Sentence; Costs And Expenses; Punishment.
  If the accused is tried and found guilty in a municipal court, either by the court or by a jury, or is convicted upon...
• Section 774.22a, 774.22b Repealed. 1990, Act 219, Imd. Eff. Oct. 8, 1990.
  Compiler's Notes: The repealed sections pertained to disorderly conduct involving sex offenses and to sex degenerates in jails or penal institutions.
• Section 774.22c Psychiatrists And Expenses Of Confinement; Reference.
  The provisions of sections 1-c and 1-d of chapter 9, relative to psychiatrists and expenses of confinement shall be applicable to proceedings taken under...
• Section 774.23-774.25 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed sections pertained to acquittal, payment of costs, and execution of judgment.
• Section 774.26 Fines And Costs.
  All fines and costs imposed by a municipal court, for a violation of state law shall be received by the court and paid over...
• Section 774.26a Blank Forms For Recording Information Concerning Money Received In Criminal Case; Approval; Completion.
  (1) The county treasurer shall provide a municipal court within the county with blank forms which have been approved by the state treasurer. The...
• Section 774.26b Blank Receipt Forms; Use; Copies.
  (1) The county treasurer shall provide to each municipal court blank serially numbered receipt forms in triplicate, to be used if the court receives...
• Section 774.26c Account In Financial Institution For Money Received In Criminal Cases; Deposits And Withdrawals; Secured Deposits; Limitation On Acceptable Assets; “financial Institution” Defined.
  (1) Each municipal court shall maintain a separate account in a financial institution for money received in criminal cases. All money received in criminal...
• Section 774.26d Noncompliance As Misdemeanor.
  A person who fails to comply with sections 26, 26a, 26b, or 26c of this chapter is guilty of a misdemeanor. History: Add. 1957,...
• Section 774.27 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to payments of fines and costs.
• Section 774.28 Neglecting To Pay Fine Or Costs; Action By County Treasurer; Neglecting To Pay Over Fine To County Treasurer As Misdemeanor; Punishment; Judge To Keep Exact Record Of Proceedings; Liability.
  (1) If a person who has received a fine or costs or any part of a fine or costs, neglects to pay the money...
• Section 774.29, 774.30 Repealed. 1957, Act 274, Eff. Sept. 27, 1957.
  Compiler's Notes: The repealed sections provided for certificate of conviction and its contents, and for filing thereof in office of clerk of county in which...
• Section 774.31 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to certificate of conviction as evidence.
• Section 774.32, 774.33 Repealed. 1957, Act 274, Eff. Sept. 27, 1957.
  Compiler's Notes: The repealed sections provided for report to prosecuting attorney within ten days after final disposition of case to which state had been a...
• Section 774.34 Appeal To Circuit Court; Practice And Procedure.
  (1) A defendant who is convicted of a misdemeanor or ordinance violation in a municipal court in a city that does not adopt a...
• Section 774.35-774.41 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed sections pertained to writ of certiorari.
• Section 774.42 Circuit Court; Continuing Recognizance Or Requiring New Recognizance; Default.
  The circuit court for the county in which the defendant filed an appeal from a municipal court judgment pursuant to section 34 of this...
• Section 774.43 Circuit Court; Discharge Of Defendant If Found Not Guilty; Entering Judgment, Sentence, And Imposing Costs If Defendant Convicted On Appeal; Remanding Defendant Back To County Jail; Credit For Fine Paid.
  If the defendant who appeals a conviction in municipal court in a city that does not adopt a resolution of approval under section 23a...
• Section 774.44 Withdrawal Or Dismissal Of Appeal; Order Revoking Recognizance And Directing Sentence Be Carried Out.
  If a defendant takes an appeal from a municipal court in a city that does not adopt a resolution of approval under section 23a...
• Section 774.45 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to fee for making return to writ of certiorari.
• Section 774.46 Issuing Writs And Process; Construction.
  (1) Municipal judges may issue the writs and process considered necessary in criminal and ordinance violation cases to carry into effect the judge's orders...
• Section 774.47 Municipal Court Having More Than 1 Judge; Powers Of Any Judge In Connection With Trial And Disposition Of Case.
  In a municipal court having more than 1 judge, whenever a warrant is issued for the arrest of a person charged with an offense...
• Section 774.48 Delivery Of Files, Indexes, And Dockets To Successor Of Municipal Judge; Audit Of Judge's Records; Audit Report; Certificate; Effectiveness.
  (1) Each municipal judge shall deliver to his or her successor in office all files, indexes, and dockets. Upon the death of a municipal...
• Section 774.49 Municipal Court To Be Governed By Statutes And Supreme Court Rules Applicable To District Court; Exceptions.
  (1) In all matters of substance, authority, and jurisdiction with regard to a felony, misdemeanor, or ordinance violation case, a municipal court shall be...

Last modified: October 10, 2016