The court may authorize or require counsel in civil and criminal cases to provide the jurors with a reference document or notebook, the contents of which should include, but which is not limited to, a list of witnesses, relevant statutory provisions, and, in cases where the interpretation of a document is at issue, copies of the relevant document. The court and the parties may …
(A) Right Preserved. The right of trial by jury as declared by the constitution must be preserved to the parties inviolate. (B) Demand for Jury. (1) A party may demand a trial by jury of an issue as to which there is a right to trial by jury by filing a written demand for a jury trial within 28 days after the filing of the answer or a timely reply.
Jurors reporting for jury duty or jury selection in the state of Michigan are expected to dress professionally, in a manner appropriate for a court room. Most courthouses suggest dress ranging from business casual to business attire. For men, this means slacks or khakis and a polo or button-down shirt, potentially with a tie or suit jacket.
 · The jury selection process is typically the only opportunity the lawyers have to have a conversation with persons that end up serving as jurors on the case. Outside of the jury selection process, jurors are instructed to not have any interaction with any of the parties or lawyers. How well jurors like the Defense counsel can sometimes rub off ...
A party who seeks a trial by jury in the court to which the case is removed or transferred must file a written demand for a trial by jury within 21 days of the removal or transfer order, and must pay the jury fee provided by law.
The jury fee provided by law must be paid at the time the demand is filed. (2) If a party appealing to the circuit court from a municipal court desires a trial by jury of an issue triable of right, demand for jury must be included in the claim of appeal.
If a case is entirely removed or transferred from district court to circuit court, and if the amount paid to the district court for the jury fee is less than the circuit court jury fee, then the party requesting the jury shall pay the difference to the circuit court.
If a case is entirely removed from circuit court to district court, no additional jury fee is to be paid to the district court nor is there to be a refund of any amount by which the circuit court jury fee exceeds the district court jury fee.
The first stage in jury selection is summoning a pool of potential jurors from the list of local citizens eligible to serve on a jury in Michigan, as described above.
In Michigan, a pool of potential jurors is randomly selected from the local population of individuals eligible for jury duty.
Most courthouses suggest dress ranging from business casual to business attire. For men, this means slacks or khakis and a polo or button-down shirt, potentially with a tie or suit jacket. For women, this means a professional-looking pair of pants or a skirt, cardigan, sweater, twinset, or shirt.
While jury candidates are instructed to be open and truthful when answering such questions, the juror selection process is also where most individuals who don't wish to serve on a trial find a way to be excused from further juror duties.
If your name is randomly selected for the jury pool through the process described above, you receive a jury summons in the mail instructing you to appear for jury selection on a pre-set day.
A prospective juror must be: a citizen of the United States. a resident of the county in which summoned. at least 18 years old. able to read, write, and speak the English language. not be deemed incompetent due to medical or physical infirmity. never convicted of a felony.
Failure to report to a show cause hearing will result in a bench warrant for arrest. Jurors may be fined and/or jailed if found in contempt of court. Employers in Michigan are also forbidden from penalizing employees who miss work for jury duty. Goto Top.
Once a juror is removed through the jury selection process, they are either released from further service, or sent to the jury assembly room for consideration for other trials in the building. The empty seat in the jury box is randomly filled by another potential juror by the clerk of the Court, and the questioning begins again as previously described. The jury selection process continues until their are no challenges for cause and: both sides have exhausted their peremptory challenges; OR both sides are satisfied with the jury selected; OR one side is satisfied and the other side is out of peremptory challenges to exercise. The attorneys often choose not to exercise all of their peremptory challenges. If a prospective juror is removed for one reason, there is a risk that the juror randomly selected to fill the vacancy could be worse. If the attorney does not have further peremptory challenges and cannot challenge for cause, they are stuck with the unfavorable juror. Once the jury selection process ends, the jurors and alternate jurors (if any) take a oath to swear or affirm to render a fair and just verdict based upon the evidence. There cannot be any changes to the jurors and alternate jurors (if any) once the oath is given, outside of a mistrial.
The jury selection process is typically the only opportunity the lawyers have to have a conversation with persons that end up serving as jurors on the case. Outside of the jury selection process , jurors are instructed to not have any interaction with any of the parties or lawyers. How well jurors like the Defense counsel can sometimes rub off on the Defendant, and influence the jury’s decision.
For cases in which the credibility of the police officers is an issue, jurors from communities that are notorious for complaints and lawsuits against the police may possibly make good jurors. A person who was the victim of a crime that was helped by the police would possibly make a bad juror. A person with friends and relatives that are police officers, but who claims that that won’t have any impact is suspcious to say the least, and probably should be avoided if at all possible.
For a Defendant that is sympathetic and pittied, nurturing individuals such as teachers may make good jurors. A conservative individual who is not swayed by sympathy, would make a bad juror for the Defendant. As a side note, the Judge instructs the jurors that sympathy should play no role in their decision. The sentence and punishment is to be determined by the Judge in accordance with the law and should have no bearing in the verdict reached. However, jurors bring their own personal life experiences, attitudes, likes and dislikes with them into the jury room. A person’s humanity is not checked at the door to the jury room.
This is the reason that sometimes jury consultants are hired to assist with the jury selection process.
The Defendant and the Prosecution are entitled to an unlimited number of challenges for cause. If the Judge decides that the challenge for cause is with merit, the potential juror is removed from further consideration to serve on the jury, and neither side is charged with a peremptory challenge.
After jurors provide answers to the questions that were submitted, the Judge alternates between the Prosecution and Defense to ask if either side has a challenge for cause or a peremptory challenge to exercise in order to remove potential jurors from serving on the jury.
Less serious criminal offenses such as theft, vandalism, simple assault, and some drug charges are tried in a Michigan Misdemeanor Court. Misdemeanors may result in significant fines, probation, or jail time for a convicted defendant . Jury sizes for a misdemeanor trial are generally smaller than a jury for a felony trial. Court.
A jury for the Michigan Probate civil court contains 6 jurors. For a conviction to be made, at least five members of the jury must be in agreement on the verdict.
A jury for the Michigan Circuit civil court contains 6 jurors. For a conviction to be made, at least five members of the jury must be in agreement on the verdict.
Many civil family court cases involve Michigan divorce cases or other family law issues such as child custody cases , etc. The instructions for a Michigan civil jury generally differ from those given to a criminal jury.
Serious criminal cases including violent crimes, property offenses, and drug offenses are tried in Michigan felony court. Felony juries are generally larger than juries for less serious offenses, and have more stringent conviction requirements due to the severity of the crime and potential punishment.
Non-criminal legal cases are tried by the Michigan Civil Court. Civil cases include a wide variety of lawsuits between individuals or businesses including personal injury / tort cases, contract disputes, and more. Many civil family court cases involve Michigan divorce cases or other family law issues such as child custody cases , etc. The instructions for a Michigan civil jury generally differ from those given to a criminal jury.
In a Michigan circuit court, you have a right to a fair and impartial jury of 12 of your peers and a unanimous verdict is required.
A jury trial may increase the chances of avoiding a conviction if a unanimous decision cannot be reached, an event that is not possible at a bench trial. Emotion v. Logic – There is conventional wisdom that a case that turns on the strict application of the law should be tried by a judge and a case that try to play to the sympathies ...
At a bench trial, there is only one judge and his or her ultimate decision about the case will be the sole verdict. In the event that the jury is deadlocked cannot reach a decision after a reasonable amount of time (even if due to one holdout juror), then the court may declare a mistrial.
A jury trial is ALWAYS the default option unless the defendant chooses to waive. Whether to proceed with a jury trial or a bench trial is a major consideration that has no right answer. This decision can turn on the nature of your criminal case and the ultimate strategy you wish to pursue.
Juries are not available for civil infractions such as speeding tickets since they are not considered criminal offenses. The defendant also has the option to waive a jury trial and instead hold a bench trial (meaning the judge listens to all the evidence and renders a verdict).
Jury trials do have an element of theatre to them and the jury might be inclined to render an unfavorable verdict based on unpolished presentation rather than the facts and the law. Conducting a jury trial is a daunting task made even more difficult if the defendant lacks the requisite knowledge and experience.
If the judge decides that appointment of a guardian is appropriate, the judge will then determine who the guardian should be. The judge has wide latitude in determining what is in the best interests of the incapacitated individual, but Michigan law sets forth priorities for appointing a guardian.
What to Expect at a Michigan Guardianship Hearing. If your elder family member or loved one is having difficulty taking care of himself or herself, you may consider seeking appointment of a guardian. In a Michigan guardianship proceeding, the probate court appoints a person to make necessary decisions for a legally incapacitated individual.
Sometimes, the probate court judge will order the person to undergo an independent medical evaluation. Documentary evidence, including medical records, is also used to demonstrate the person’s mental and physical state.
The first question before the court is whether the individual needs a guardian. For the court to appoint a guardian, the evidence must demonstrate that the individual is no longer capable of making decisions for himself or herself.
The individual who has care and custody of the person. The nominated guardian (who may be the same individual as the petitioner) A guardian or conservator appointed in another state. Before the hearing, the probate court will appoint a guardian ad litem —which means “guardian for the lawsuit.”.
If the petition is granted by the court, the guardian will have legal authority and responsibility for making decisions for the incapacitated individual. After the petition is filed, a hearing is scheduled.
The person who is appointed as a guardian by the probate court is legally responsible for caring for a person and making necessary related decisions, including healthcare and living arrangements. When there are substantial assets involved, a guardian does not have responsibility for the individual’s financial matters. A different proceeding, called a conservatorship, is necessary when a person can no longer handle financial matters for himself or herself. You can read additional information about what to do when an aging parent needs help making decisions in an article written by our elder law attorneys at Barron, Rosenberg, Mayoras & Mayoras.