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Rule 6.615 – Misdemeanor Traffic Cases

May 13, 2021 | Criminal Procedure, Michigan

(A) Citation; Complaint; Summons; Warrant.

(1) A misdemeanor traffic case may be initiated by one of the following procedures:

(a) Service of a written citation by a law enforcement officer on the defendant, and the filing of the citation in the district court. The citation may be prepared electronically or on paper. The citation must be signed by the officer in accordance with MCR 1.109(E)(4); if a citation is prepared electronically and filed with a court as data, the name of the officer that is associated with issuance of the citation satisfies this requirement.
(b) The filing of a sworn complaint in the district court and the issuance of an arrest warrant. A citation may serve as the sworn complaint and as the basis for a misdemeanor warrant.
(c) Other special procedures authorized by statute.
(2) The citation serves as a summons to command

(a) the initial appearance of the defendant; and
(b) a response from the defendant as to his or her guilt of the violation alleged.
(B) Appearances; Failure To Appear. If a defendant fails to appear or otherwise to respond to any matter pending relative to a misdemeanor traffic citation, the court shall proceed as provided in this subrule.

(1) If the defendant is a Michigan resident, the court

(a) must initiate the procedures required by MCL 257.321a for the failure to answer a citation; and
(b) may issue a warrant for the defendant’s arrest.
(2) If the defendant is not a Michigan resident,

(a) the court may mail a notice to appear to the defendant at the address in the citation;
(b) the court may issue a warrant for the defendant’s arrest; and
(c) if the court has received the driver’s license of a nonresident, pursuant to statute, it may retain the license as allowed by statute. The court need not retain the license past its expiration date.
(C) Arraignment. An arraignment in a misdemeanor traffic case may be conducted by

(1) a judge of the district, or
(2) a district court magistrate as authorized by statute and by the judges of the district.
(D) Contested Cases.

A misdemeanor traffic case must be conducted in compliance with the constitutional and statutory procedures and safeguards applicable to misdemeanors cognizable by the district court.

Mich. Ct. R. 6.615

Amended September 18, 2019, effective January 1, 2020.