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What are the different courts, and what do they do?

Posted at 8:34 AM, Feb 21, 2017
and last updated 2017-02-21 08:35:02-05

Every state has its own court system, and they all operate in their own unique way. In Michigan, all legal proceedings originate in what is called a “trial court.”

Michigan has three types of trial courts: district court, circuit court and probate court.

The district court is sometimes referred to as “the people’s court.” This is because more people have contact with the district court than any other state court. The district court handles traffic violations, civil cases involving up to $25,000, landlord-tenant matters and all misdemeanor criminal cases. There are 105 district courts in Michigan.

 The circuit court is one step up from the district court, and it’s the trial court with the broadest powers. The circuit court hears all civil claims involving more than $25,000, all felony criminal cases, all family law cases and cases appealed from the district court or from state administrative agencies. The circuit court also hears cases that are appealed from the district court. There are 57 circuit courts in Michigan.

The probate court is a trial court that only hears probate-related matters, such as disputes over a person’s will or trust, and guardianship and conservatorship cases. The probate court also has the power to order treatment for the mentally ill and developmentally disabled. Michigan has 78 probate courts.

Every case brought in a Michigan trial court results in a final decision being issued, whether by a judge or a jury. If a party is unhappy with the decision that is rendered, that decision can then be appealed to a higher court.

The Michigan Court of Appeals hears cases appealed from the circuit court or probate court. In this court, a panel of three judges makes the decision and the questions are often procedural ones. There is not another trial, there isn’t a jury and new evidence isn’t allowed. Rather, the panel reviews the briefs submitted by the parties and asks questions during a hearing called an “oral argument.” The panel then makes a final decision in the form of a written opinion.

A decision from the Court of Appeals can be appealed to the state’s highest court, called the Michigan Supreme Court. However, the Michigan Supreme Court selects which cases it hears and, in fact, declines to hear most cases appealed to it. The court usually chooses to hear cases involving important state constitutional issues and questions of public significance. When the court makes a final decision, it issues a written opinion.

In addition to state courts, Michigan also has a federal court system. These courts include the Eastern District of Michigan, the Western District of Michigan (including the Bankruptcy Court) and the 6th U.S. Circuit Court of Appeals. These courts hear cases involving questions involving federal rules and statutes, and issues that arise under the U.S. Constitution.