District Court Information & FAQ

If you received a civil infraction violation (i.e. speeding, stop sign violation, violation of the basic speed law) you may deny responsibility for the violation by contacting the Court by telephone at (906) 341-3630 for Manistique, Schoolcraft County or (906) 387-3879 for Munising, Alger County, visiting the Court in person, or sending a written request to deny responsibility to the Court. Your ticket may only be processed in the county in which the alleged violation occurred. If you send a written request you must provide the Court with your name legibly printed, current address and telephone number, refer to the violation you are contesting (if you have more than one pending traffic citation), and provide the date of the violation.

Once you have contested your ticket, you must request either an informal hearing before the Magistrate or a formal hearing before the District Judge. An informal hearing is just what the name implies, an informal hearing setting before the Magistrate where all parties must appear personally, witnesses may be called, testimony given, and the Magistrate makes a decision based on the testimony given applied to the appropriate statute or ordinance involved.

The Magistrate’s decision may be appealed by either party. The appeal is made to the District Court Judge. The appeal must be made within 7 days and if the defendant makes the appeal, an appeal bond equal to the amount of the penalty for the ticket must be posted in cash at the time of the request for appeal.

You may request a formal hearing if you dispute your traffic citation. A formal hearing is heard before the District Judge. The police officer will be represented by the appropriate prosecuting official, you may represent yourself or you may hire an attorney to represent you if you would like. At a formal hearing the Judge considers the testimony and any other evidence presented and makes a determination regarding responsibility for the ticket.

If you have been cited for a misdemeanor traffic offense, and want to admit responsibility, sign the back of your copy of the ticket where it is indicated, and mail the exact fine to the court at the appropriate address. Payment may be made by check or money order made payable to the 93rd District Court. Be sure to comply with the time limits within which to respond to avoid any operator’s license suspension by the Secretary of State. If you have any questions or concerns about the ticket, call the Court at the telephone numbers provided.

The Court is required to report all applicable traffic convictions to the Michigan Secretary of State within 14 days of conviction. The Secretary of State applies points to your driving record. The Court cannot waive or suspend the assessment of points.

Payment must be made within ten days unless you contact the Court and make other payment arrangements.

If you have a traffic ticket, after proper notices the Court will move to suspend your driving privileges and will order you to appear before the District Judge to be held in contempt. If you fail to appear at this hearing, a bench warrant for your arrest will be issued. If you are charged with a misdemeanor or felony violation, a bench warrant for your arrest will be issued. If you are on probation, you will be subject to a probation violation and may be cited to appear before the Judge, with the possibility of a jail sentence.

The Court may appoint a lawyer to represent you if you are charged with a criminal offense. You must appear personally to make this request. The Judge or Magistrate will place you under oath and take testimony from you to determine your eligibility for a Court appointed lawyer. You must be indigent to qualify. This determination is made by the Judge or Magistrate depending upon your employment situation, your wages, other income, assets, debts, and the number of dependents you support. If it is determined you are indigent, the Court may appoint a lawyer if the crime you are charged with is serious, carries a minimum jail sentence or if the Judge is contemplating a jail sentence for you. If you are granted a Court appointed lawyer, you should know that if you are convicted you may be required to reimburse the Court appointed lawyer expense to the Court.

Small Claims forms are available on-line within the District Court web page or at either District Court offices. To file a claim you must complete a form (clear instructions are printed on the back of the form packet), sign the claim before a Deputy Court Clerk or have your signature notarized, and pay the fee to file your claim.

At the time of filing a trial date is scheduled in approximately 4 weeks in the future to allow for the complaint to be delivered to the defendant. The rules require that the defendant receive a copy of the complaint at least 15 days before the trial. The complaint may be served upon the defendant either by certified mail return signed receipt, or personally by a sheriff’s deputy or private process server, other than the plaintiff. Documentary proof of this service must be provided before or at the beginning of trial in order for the case to proceed. If you have questions concerning this procedure, call the Court at the telephone numbers provided in this website.

Small claims decisions made by the District Court Judge may not be appealed. If a party to a small claims action wishes to preserve the right to appeal, the party must make a Demand for Removal which moves the claim to the General Civil Division of the Court. The form for this is available at the District Court Offices. It should be noted that once a case is removed to the General Civil Division of the District Court, all civil court rules of procedure must be followed. If the case is removed to the General Civil Division, you may wish to seek the advice and assistance of a lawyer.

By appearing in Small Claims Court, the parties give up the right to sue for more than $6,000 (that is the limit set by law for small claims actions), they give up the right to an attorney (the parties must represent themselves), they give up the right to appeal (all decisions are final) and they give up the right to a trial by jury (the District Judge makes the decision). If either party desires to assert any of these rights, they must notify the court before the trial.

An alternative to filing a small claims action with the Court is the Community Dispute Resolution Service. This is a mediation process whereby trained mediators assist the parties in reaching their own settlement. This service is provided by the District Court through >UPCAP Dispute Resolution Services Program<. For further information, you may click the link above, call the District Court, or contact the resolution service at 1-800-780-3456.

After 21 days from the date of the judgment, you have several options. Wages, bank accounts, and Michigan income tax refunds may be garnished. You will need to know where the defendant is employed (for wages), where the defendant does his/her banking, or what the defendant’s social security number is (for Michigan income tax refund). Garnishment forms are available at Court offices, or online here.

There is a $15 filing fee to file the garnishment, a $6 disclosure fee for income tax garnishment. $35.00 disclosure fee for periodic garnishment (wages), and $1.00 fee for Non-periodic Garnishments. The garnishment must be served on the garnishee (employer) by personal service or certified mail. If you do not have any of the above-mentioned information about the defendant, you may request a discovery subpoena. A discovery subpoena compels the defendant to Court where you may question him/her under oath regarding assets, bank accounts, etc. There is a $15 filing fee for the subpoena, the defendant must be paid a $6 witness fee plus mileage in the amount of $.10 per mile from his/her place of residence, and the subpoena must be served on the defendant.