Section 774.1 – Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
774.1 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. Compiler’s Notes: The repealed section pertained to powers and jurisdiction of justice of peace.
Section 774.10 – Jurors or Witness; Failure to Appear or Refusal to Be Sworn or to Testify; Liability.
774.10 Jurors or witness; failure to appear or refusal to be sworn or to testify; liability. Sec. 10. If a person is summoned to appear before a municipal court pursuant to this chapter as a juror or witness and fails to appear, or if the person appears but refuses to be sworn or to testify, […]
Section 774.11 – Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
774.11 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. Compiler’s Notes: The repealed section pertained to bail.
Section 774.12 – Summoning Jury of 6 Persons; Method.
774.12 Summoning jury of 6 persons; method. Sec. 12. After joining the issues, and before the municipal court proceeds to try the case, if the accused has not waived his or her right to a trial by jury, the court shall summon a jury of 6 persons as follows: (a) If a statute specifies the […]
Section 774.13 – Directing Disinterested Person to Strike Out Names for Parties; Issuance of Venire.
774.13 Directing disinterested person to strike out names for parties; issuance of venire. Sec. 13. If the prosecuting attorney or the accused neglects to strike out 6 names pursuant to section 12(b) of this chapter, the municipal court shall direct a suitable disinterested person to strike out the names for either or both of the […]
Section 774.14 – Police Officer to Summon Jurors; List; Returning List With Venire to Court.
774.14 Police officer to summon jurors; list; returning list with venire to court. Sec. 14. The police officer to whom the venire is delivered shall summon the jurors personally, and shall make a list of the persons summoned. The police officer shall certify the list, annex it to the venire, and return the list with […]
Section 774.15 – Supplying Deficiency in Number of Jurors.
774.15 Supplying deficiency in number of jurors. Sec. 15. If any of the jurors named in the venire fail to appear in court, or if there is a legal objection to a juror who appears, the municipal court shall supply the deficiency by directing any police officer of the city who is present and disinterested, […]
Section 774.16 – Former Service as Juror as Cause for Challenge.
774.16 Former service as juror as cause for challenge. Sec. 16. It is a cause for challenge of a juror in a municipal court, in addition to the other causes of challenge allowed by law, that the person has served as a juror in a municipal court 2 times within the 1-year period immediately preceding […]
Section 774.17 – Peremptory Challenges.
774.17 Peremptory challenges. Sec. 17. In a misdemeanor or ordinance violation case in the municipal court, the prosecuting attorney may challenge 5 jurors peremptorily and the defendant may challenge 5 jurors peremptorily. In addition, the prosecuting attorney and the defendant may challenge 5 talesmen peremptorily. History: 1927, Act 175, Eff. Sept. 5, 1927 ;– CL […]
Section 774.18 – New Jury; Continuation of Proceedings; Consent to Trial by Court.
774.18 New jury; continuation of proceedings; consent to trial by court. Sec. 18. If the police officer to whom the venire is delivered fails to return the venire as required, or if the jury fails to agree and is discharged by the municipal court, a new jury shall be selected and summoned in the same […]
Section 774.19 – Oath or Affirmation to Be Administered Jurors in Misdemeanor or Ordinance Violation Case.
774.19 Oath or affirmation to be administered jurors in misdemeanor or ordinance violation case. Sec. 19. The municipal judge shall administer substantially the following oath or affirmation to the jurors in a misdemeanor or ordinance violation case tried in a municipal court: “You do solemnly swear, (or, “You do solemnly and sincerely declare and affirm,”) […]
Section 774.1a – Arraignment of Accused Charged With Misdemeanor or Ordinance Violation; Reading Charge to Accused; Entering Plea in Court’s Minutes.
774.1a Arraignment of accused charged with misdemeanor or ordinance violation; reading charge to accused; entering plea in court’s minutes. Sec. 1a. At the arraignment of an accused charged with a misdemeanor or an ordinance violation, the magistrate shall read to the accused the charge as stated in the warrant or complaint. The accused shall plead […]
Section 774.1b – Plea of Not Guilty or Refusal to Plead; Setting Date for Trial; Right to Trial by Jury; Election.
774.1b Plea of not guilty or refusal to plead; setting date for trial; right to trial by jury; election. Sec. 1b. If the accused pleads not guilty or refuses to plead to the charge, the magistrate shall set a date for trial. The accused is entitled to trial by jury unless he or she expressly […]
Section 774.1c – Plea of Guilty or Nolo Contendere; Judgment.
774.1c Plea of guilty or nolo contendere; judgment. Sec. 1c. If the accused enters a plea of guilty or nolo contendere, the magistrate shall render judgment on that plea. History: Add. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Section 774.1d – Acquittal of Accused in Misdemeanor or Ordinance Violation Case; Discharge; Costs.
774.1d Acquittal of accused in misdemeanor or ordinance violation case; discharge; costs. Sec. 1d. If the accused is acquitted in a misdemeanor or ordinance violation case, he or she shall be discharged immediately. If the court, before whom the trial is held, finds and certifies in its minutes that the complaint was wilful, malicious, and […]
Section 774.1e – Refusal By, or Neglect Of, Complainant to Pay Costs; Judgment; Execution; Disposition of Money Collected.
774.1e Refusal by, or neglect of, complainant to pay costs; judgment; execution; disposition of money collected. Sec. 1e. If the complainant refuses or neglects to pay the costs accrued under section 1d of this chapter, the court immediately may enter judgment against the complainant for the amount of those costs and issue execution on that […]
Section 774.2 – Docket; Contents; Form; Filing.
774.2 Docket; contents; form; filing. Sec. 2. (1) Each judge of a municipal court shall keep a loose-leaf docket made up of printed docket sheets numbered consecutively by the printer, in which the judge shall enter all completed criminal cases. The docket shall contain the following information: (a) Name and address of the defendant. (b) […]
Section 774.20 – Jurors; Sitting Together and Hearing Proofs and Allegations; Agreement on Verdict or Discharge; Officer to Take Charge of Jury.
774.20 Jurors; sitting together and hearing proofs and allegations; agreement on verdict or discharge; officer to take charge of jury. Sec. 20. After the jury is sworn, the jurors shall sit together and hear the proofs and allegations in the case, which shall be delivered in public and in the presence of the accused. After […]
Section 774.21 – Jurors; Delivery of Verdict; Fees; Certificate.
774.21 Jurors; delivery of verdict; fees; certificate. Sec. 21. When the jurors have agreed on their verdict they shall deliver the verdict publicly to the municipal court, which shall enter the verdict in the minutes of its proceedings. The jurors shall each be entitled to the same fees as provided by law for jurors sworn […]
Section 774.22 – Judgment and Sentence; Costs and Expenses; Punishment.
774.22 Judgment and sentence; costs and expenses; punishment. Sec. 22. If the accused is tried and found guilty in a municipal court, either by the court or by a jury, or is convicted upon a plea of guilty, the court shall render judgment and sentence the accused, either by a fine, imprisonment, or both, as […]