Under
Standing Michigan Courts & Laws
Supreme Court
The Supreme Court is Michigan's court of
last resort, consisting of seven justices. Supreme Court justices
are elected for eight-year terms. Every two years, the justices
of the Court elect a member of the Court as chief justice.Cases
come before the Court during a term that starts August 1 and
runs through July 31 of the following year. The Court hears
oral arguments in Lansing beginning in October of each term.
Decisions are released throughout the term, following oral
arguments.
Each year, the Supreme Court receives over
2,000 applications for leave to appeal from litigants primarily
seeking review of decisions by the Michigan Court of Appeals.
Each justice is responsible for reviewing each case to determine
whether leave should be granted. The Court issues a decision
in all cases filed with the Clerk's Office. Cases that are
accepted for oral argument may be decided by an order, with
or without an opinion. These orders may affirm or reverse the
Michigan Court of Appeals, may remand a case to the trial court,
or may adopt a correct Court of Appeals opinion.
The Supreme
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.
In addition to its judicial duties, the Supreme Court is
responsible for the general administrative supervision of
all courts in the state. The Supreme Court also establishes
rules for practice and procedure in all courts.
Court of Appeals
The Court of Appeals is an "intermediate" appellate
court between the Supreme Court and the Michigan trial courts.
Final decisions resulting from a circuit or probate court
hearing may be appealed to the Court of Appeals. The Court
of Appeals judges are elected for 6-year terms. Court of
Appeals hearings are held in Detroit, Grand Rapids, Lansing
and Marquette. Hearings are held before a panel of three
Court of Appeals judges and at least two of the three judges
must agree on the ruling. The panels are frequently rotated
so that a variety of judicial opinions are considered. The
decision of the panel is final except for those cases which
the Supreme Court reviews.
Circuit Court
The circuit court is the trial court with the broadest powers
in Michigan. In general, the circuit court handles all civil
cases with claims of more than $25,000 and all felony criminal
cases (cases where the accused, if found guilty, could be
sent to prison). The family division of circuit court handles
all cases regarding divorce, paternity, adoptions, personal
protection actions, emancipation of minors, treatment and
testing of infectious disease, safe delivery of newborns,
name changes, juvenile offenses, and child abuse and neglect.
In addition, the circuit court hears cases appealed from
the other trial courts or from an administrative agency.
District Court
The court most people have contact with is the district
court. The district court handles most traffic violations,
all civil cases with claims up to $25,000, landlord-tenant
matters, most traffic tickets, and all misdemeanor criminal
cases (generally, cases where the accused, if found guilty,
cannot be sentenced to more than one year in jail). In addition,
small claims cases are heard by a division of the district
court. In Michigan, a few municipalities have chosen to retain
a municipal court rather than create a district court. The
municipal courts have limited powers and are located in Grosse
Pointe, Grosse Pointe Farms, Grosse Pointe Park, and Grosse
Point Shores/Grosse Pointe Woods.
Probate Court
The probate court handles wills, administers estates and
trusts, appoints guardians and conservators, and orders treatment
for mentally ill and developmentally disabled persons.
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