June 1, 2006, Introduced by Rep. Stewart and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8719 (MCL 600.8719), as added by 1994 PA 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8719. (1) An informal hearing shall be conducted by a
district court magistrate, if authorized by the judge or judges of
the district court district, or by a judge of the district court or
a municipal court. A district court magistrate may administer
oaths, examine witnesses, and make findings of fact and conclusions
of law at an informal hearing. The judge or district court
magistrate shall conduct the informal hearing in an informal manner
so as to do substantial justice according to the rules of
substantive law, but is not bound by the statutory provisions or
rules of practice, procedure, pleading, or evidence, except
provisions relating to privileged communications. There shall not
be a jury at an informal hearing. A verbatim record of an informal
hearing is not required.
(2) At an informal hearing, the defendant shall not be
represented by an attorney and the plaintiff shall not be
represented by the prosecuting attorney or attorney for a political
subdivision.
(3) Notice of a scheduled informal hearing shall be given to
the plaintiff. The plaintiff and defendant may subpoena witnesses.
Witness fees need not be paid in advance to a witness. 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, or by the city or village if the hearing involves
an ordinance violation in a district where the district court is
not functioning.
(4) The court may allow a peace officer to present his or her
testimony for the informal hearing in writing unless the peace
officer is subpoenaed by the plaintiff or the defendant.
(5) (4)
If the judge or district court magistrate determines
by a preponderance of the evidence that the defendant is
responsible for a municipal civil infraction, the judge or
magistrate shall enter an order against the defendant as provided
in section 8727. Otherwise, a judgment shall be entered for the
defendant, but the defendant is not entitled to costs of the
action.
(6) (5)
The plaintiff and defendant are entitled to appeal
an adverse judgment entered at an informal hearing. An appeal from
a municipal judge shall be a trial de novo in the circuit court. In
other instances, an appeal shall be de novo in the form of a
scheduled formal hearing as follows:
(a) The appeal from a judge of the district court shall be
heard by a different judge of the district.
(b) The appeal from a district court magistrate shall be heard
by a judge of the district.