What are Michigan Court Records?

Docket Sheet

This document provides a general overview of who is involved in a case and what actions they have taken. It also includes all materials filed in a court case in chronological order.

Judgment and Orders

This document contains the court's decision regarding each party's rights and liabilities in a case.

Transcripts

These are recordings of all the judge's decisions and the litigants' lawyers' spoken arguments. They are taken from an electronic recording of the proceedings or a real-time transcriber.

Evidence

Any evidence submitted to a case is filed for court records. This applies to physical and electronic evidence from either side. Parties may ask the judge to seal evidence in extenuating circumstances.

Court Minutes

This document summarizes a timeline of court events, including the beginning and end of the trial, special actions, and minute orders.

Pleadings

Pleadings are formal documents lawyers draft for the trial. They state each party's complaints, defenses, admissions, or other stances related to the case.

Civil Cases

A civil case is a disagreement between two people or businesses. In Michigan, common types of civil cases include small claims, landlord-tenant issues, and civil damage claims. The process starts when the plaintiff files a complaint with the right court. This complaint lists the parties involved, describes the problem, and explains what the plaintiff wants.

In court, both sides present their arguments in a process called the adversarial process. Each side shares evidence to support their case. After hearing from both sides, the court makes a decision known as a civil judgment. Possible outcomes include paying fines, stopping certain activities, or fixing the issues that caused the dispute.

Criminal Cases

A criminal case starts when someone is accused of committing a crime. The government, through a prosecuting attorney, files a complaint against the accused person and calls the defendant. If the defendant is not already arrested, a warrant for their arrest will be issued when the complaint is filed. After an arrest, law enforcement will hold the defendant until a bond is set or an arraignment occurs.

During the arraignment, a district court judge or magistrate will explain the charges, the defendant's rights, and the possible outcomes if found guilty. The court will also decide whether the defendant can be released on bond and the bond amount. If a defendant cannot pay for an attorney, the court may provide one.

Criminal cases can end in several ways: through a bench trial (before a judge), a jury trial, a plea agreement, or dismissal. In court, the prosecuting attorney must prove that the defendant is guilty without a reasonable doubt. If the defendant is convicted, the court will set a date for sentencing. This will not happen if the defendant is found not guilty or if the case is dismissed. At sentencing, the judge will decide the punishment, which may include jail time, fines, or probation.

Michigan Supreme Court

The Supreme Court is the highest in the state and has the final word on all state law cases. It consists of seven justices who are elected for eight-year terms. These judges make decisions based on a majority vote.

The Court's authority to hear cases is discretionary. The Court grants leave to those cases of greatest complexity and public import, where additional briefing and oral argument are essential to reaching a just outcome. Each justice is responsible for reviewing each case to determine whether leave should be granted.

Accepted cases can be resolved with an order, which may or may not include an opinion. These orders can affirm or overturn decisions made by the Michigan Court of Appeals, send a case back to the trial court, or agree with a correct opinion from the Court of Appeals.

To appeal to the Michigan Supreme Court, a person must file applications for leave to appeal with the Clerk of the Supreme Court. The Court receives about two thousand applications each year but grants only about a hundred. Most granted cases involve interpreting the Michigan Constitution, important state laws, or legal questions that lower courts need help with. Most applications are denied.

Denial orders usually state that the Justices are not persuaded that the Court should review the questions presented. In some cases, a denial may state that the case is not yet ready for a final decision. This means the Justices think the case should wait until further actions are complete in the lower courts.

Michigan Court of Appeals

The Michigan Court of Appeals is the state's intermediate appellate court. It reviews final judgments and orders from the Circuit Court, Court of Claims, and Probate Court, according to the law and Supreme Court Rules. The Court of Appeals also handles:

• Appeals from final judgments or orders from the district court that were sent to the circuit court
• Appeals from municipal court judgments or orders
• Appeals related to final judgments or orders from the circuit court due to a guilty plea or nolo contendere plea

The court has 24 judges who serve throughout the state. These judges are elected or appointed from one of four districts.

Michigan Circuit Courts

The circuit court is the main trial court in Michigan. It handles civil cases with claims over $25,000 and all felony criminal cases, which can lead to imprisonment if the person is found guilty. The circuit court has a family division that handles several legal matters, including divorce, paternity, adoptions, juvenile offenses, juvenile guardianship, child abuse and neglect, and name changes.

The circuit court also hears appeals from other trial courts and administrative agencies. Michigan has 57 circuit courts. Judges in these courts are elected for six-year terms.

Michigan District Courts

The District Court is often called the "people's court" because it serves more people than any other court. It handles many cases, including most traffic violations, civil cases with claims up to $25,000, landlord-tenant disputes, many traffic tickets, misdemeanor criminal cases where the maximum sentence is usually one year in jail, and small claims disputes.

In Michigan, some cities have kept their Municipal Courts instead of establishing District Courts. These municipal courts have limited authority and are located in Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, and Grosse Pointe Shores/Grosse Pointe Woods. Michigan has about 100 district courts, and district court judges serve six-year terms.

Michigan Probate Courts

The probate court handles wills, administers estates and trusts, appoints guardians and conservators, and orders treatment for mentally ill and developmentally disabled persons. There are 78 probate courts in Michigan; probate judges are elected for six-year terms.

Michigan Court of Claims

The Court of Claims handles civil cases where people seek monetary compensation from the State of Michigan. As of November 12, 2013, this court is part of the Michigan Court of Appeals. It specifically deals with claims over $1,000 against the State of Michigan or its departments.