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Rule 6.001 – Scope; Applicability of Civil Rules; Superseded Rules and Statutes

May 13, 2021 | Criminal Procedure, Michigan

(A) Felony Cases. The rules in subchapters 6.000-6.500 govern matters of procedure in criminal cases cognizable in the circuit courts and in courts of equivalent criminal jurisdiction.
(B) Misdemeanor Cases. MCR 6.0016.004, 6.005(B) and (C), 6.006, 6.101, 6.102(D) and (F), 6.103, 6.104(A), 6.106, 6.125, 6.202, 6.425(D)(3) 6.427, 6.430, 6.435, 6.440, 6.445(A)-(G), and the rules in subchapter 6.600 govern matters of procedure in criminal cases cognizable in the district courts.
(C) Juvenile Cases. The rules in subchapter 6.900 govern matters of procedure in the district courts and in circuit courts and courts of equivalent criminal jurisdiction in cases involving juveniles against whom the prosecutor has authorized the filing of a criminal complaint as provided in MCL 764.1f.
(D) Civil Rules Applicable. The provisions of the rules of civil procedure apply to cases governed by this chapter, except

(1) as otherwise provided by rule or statute,
(2) when it clearly appears that they apply to civil actions only,
(3) when a statute or court rule provides a like or different procedure, or
(4) with regard to limited appearances and notices of limited appearance..

Depositions and other discovery proceedings under subchapter 2.300 may not be taken for the purposes of discovery in cases governed by this chapter. The provisions of MCR 2.501(C) regarding the length of notice of trial assignment do not apply in cases governed by this chapter.

(E) Rules and Statutes Superseded. The rules in this chapter supersede all prior court rules in this chapter and any statutory procedure pertaining to and inconsistent with a procedure provided by a rule in this chapter.

Mich. Ct. R. 6.001

Rule 6.001 amended September 19, 2012, effective January 1, 2013; October 1, 2014, effective January 1, 2015; amended May 25, 2016, effective September 1, 2016; last amended September 20, 2017, effective January 1, 2018; amended May 30, 2018, effective September 1, 2018; amended May 22, 2019, effective September 1, 2019; amended March 25, 2021, effective March 24, 2021.