A Michigan circuit court is the state’s primary trial court, with authority over felony criminal cases, civil lawsuits involving more than $25,000, divorce and child custody, and appeals from district and probate courts.1Michigan Legislature. Constitution of Michigan of 1963 Article VI It can also issue injunctions and other equitable orders, which gives it broad power to resolve almost any legal dispute that doesn’t belong somewhere else.
What a Circuit Court Handles
Circuit courts have original jurisdiction over all civil claims and remedies unless the Michigan Constitution or a statute sends the matter to a different court.2Michigan Legislature. Michigan Compiled Laws Section 600.605 – Circuit Court; Original Jurisdiction The biggest line to know is the one with district court: district courts have exclusive jurisdiction over civil cases where the amount in controversy is $25,000 or less.3Michigan Legislature. Michigan Compiled Laws Section 600.8301 – District Court; Exclusive Jurisdiction Anything bigger than that goes to circuit court.
Civil Lawsuits
Civil cases above the $25,000 threshold make up a large share of circuit court dockets. These include personal injury claims, breach of contract disputes, property disputes, business litigation, construction defect claims, and shareholder disputes. Because the court has general jurisdiction, it can hear almost any civil matter that falls outside district court’s reach.
Felonies and Serious Misdemeanors
All felony prosecutions in Michigan pass through circuit court, from armed robbery and drug trafficking to murder.4Michigan Courts. Subject Matter Jurisdiction Circuit courts also handle misdemeanors punishable by at least one year of imprisonment. Most criminal cases start with an arraignment in district court; once a defendant is bound over after the preliminary examination, the case moves to circuit court for trial.
Divorce, Custody, and Support
Divorce, child custody, parenting time, child support, and spousal support all fall within circuit court jurisdiction. Michigan’s family division sits inside the circuit court system, with dedicated judges and staff. Family cases also involve the Friend of the Court office, which plays a role unlike anything in most other states.
Appeals From Lower Courts
The Michigan Constitution gives circuit courts appellate jurisdiction over decisions from district courts, probate courts, and certain administrative agencies.1Michigan Legislature. Constitution of Michigan of 1963 Article VI So the same court that tries felonies also hears appeals of right from district court final judgments and can grant leave to appeal in other situations.5Cass County Michigan Courts. Appeals to Circuit Court
Injunctions and Equitable Relief
When someone needs a court order to stop ongoing harm before a full trial can take place, the circuit court is typically where that request is heard. Restraining orders, injunctions, and other equitable remedies are part of its everyday work.
How the Court Is Organized
The Michigan Constitution divides the state into judicial circuits drawn along county lines, and there are 57 circuits in total.6Michigan Courts. Trial Courts Each circuit covers one or more counties. Larger urban circuits like Wayne County have many judges; rural circuits may have only one or two.
Circuit judges are elected in nonpartisan elections to six-year terms. In multi-judge circuits the terms are staggered so they do not all expire at once.7Justia. Michigan Constitution Article VI Section 12 – Circuit Judges; Nomination, Election, Term Each court also employs clerks who manage case files and scheduling, administrators who handle day-to-day operations, and bailiffs who maintain courtroom security. Counties with a family division also staff a Friend of the Court office.
Filing a Civil Case
A civil case begins when the plaintiff files a complaint with the circuit court clerk along with a summons directing the defendant to respond. The complaint lays out the factual allegations and the legal basis for the claim. After filing, the plaintiff must serve the summons and complaint on the defendant through a process server, a sheriff’s deputy, or another authorized method. A defendant who fails to respond risks a default judgment.
The filing fee for a civil complaint is $150, plus a $25 electronic filing system fee, for a base cost of $175.8Michigan Courts. Circuit Court Fee and Assessments Table If you can’t afford that, you can request a waiver by filing Form MC 20. A court will grant the waiver if your household income falls below 125% of the federal poverty guidelines, or if paying would create a financial hardship even above that threshold. If the request is denied, you have 14 days to pay or ask for review.9Michigan Courts. MC 20, Fee Waiver Request
Michigan circuit courts use the MiFILE electronic filing system. Attorneys generally file through MiFILE, and self-represented litigants can use it too, or file paper documents at the clerk’s office.
Deadlines That Can End a Case
Missing the statute of limitations is one of the most common and devastating mistakes in civil litigation. Once the deadline passes, the court will almost certainly dismiss the case regardless of its merits. Michigan sets different deadlines depending on the claim:10Michigan Legislature. Michigan Compiled Laws Section 600.5805 – Statute of Limitations
- Personal injury or property damage: 3 years from the date of injury.
- Products liability: 3 years. For products in use for 10 years or more, the plaintiff loses the benefit of certain legal presumptions.
- Assault or battery: 2 years, extended to 5 years if the assault involved a spouse, former spouse, co-parent, household member, or dating partner.
- Civil claims based on criminal sexual conduct: 10 years.
- Medical malpractice: 2 years.
- Libel or slander: 1 year.
- Malicious prosecution: 2 years.
Breach of a contract for the sale of goods carries a 4-year deadline from when the claim arose, though the parties can shorten it to as little as one year in the original agreement.11Michigan Legislature. Michigan Compiled Laws Section 440.2725 – Statute of Limitations in Contracts for Sale
If the person entitled to sue is under 18 or legally incapacitated when the claim arises, Michigan law pauses the limitations period. That person then has one year after turning 18 or regaining capacity to file, even if the normal deadline has already passed.12Michigan Legislature. Michigan Compiled Laws Section 600.5851 – Tolling of Statute of Limitations The disability has to exist when the claim first arises; a disability that develops after the clock starts does not toll the deadline, and you cannot stack successive disabilities to extend it further.
On the criminal side, there is no time limit for murder, conspiracy to commit murder, solicitation to commit murder, or first-degree criminal sexual conduct.13Michigan Legislature. Michigan Compiled Laws Section 767.24 – Indictment; Time Limitations Human trafficking charges have a 25-year deadline. Other serious sexual offenses carry deadlines of 10 to 15 years, with extensions when DNA evidence identifies a suspect later. Violent crimes like kidnapping, armed robbery, and manslaughter also have extended filing periods beyond the standard six-year limit for most felonies.
What Happens Before Trial
Discovery
After the defendant responds, both sides enter discovery, where each party gathers information from the other. Michigan Court Rule 2.302 governs the process. Common tools include depositions, written interrogatories, and requests for documents. Recent amendments cap most cases at 20 interrogatories and limit depositions to one day of seven hours per witness.14Institute of Continuing Legal Education. Summary of Amendments to the Michigan Court Rules on Civil Discovery
Pretrial Conferences
Judges hold pretrial conferences to narrow the issues, set a trial date, and explore settlement. The judge identifies what is really in dispute, resolves procedural disagreements, and pushes the case toward resolution. Many cases settle during or shortly after these conferences, because both sides finally see the full picture of the evidence.
Case Evaluation
Michigan has a distinctive pretrial process called case evaluation under Court Rule 2.403. A panel of three evaluators, typically attorneys, reviews summaries submitted by each side and assigns a dollar value to the case. Either party can accept or reject that number. If you reject the evaluation and then fail to improve your position at trial by at least 10%, you can be ordered to pay the other side’s attorney fees and costs incurred after your rejection.15Michigan Courts. Case Evaluation (MCR 2.403) That rule creates real financial pressure to take a reasonable number seriously.
Mediation
Judges can refer cases to mediation under Michigan Court Rule 2.410. Mediation is collaborative: a neutral mediator helps the parties negotiate their own resolution and has no authority to impose a decision. Courts can sanction parties who fail to participate in good faith in court-ordered mediation, though sanctions must be proportionate to the conduct.
Friend of the Court in Family Cases
Every Michigan circuit court with a family division has a Friend of the Court office, and it is one of the features that makes Michigan’s system distinctive. The FOC assists the court on custody, parenting time, and child support in every divorce and custody case.16Michigan Legal Help. Friend of the Court Overview
FOC staff investigate disputed issues and prepare written reports with recommendations for the judge. Child support recommendations follow the Michigan Child Support Formula; custody and parenting time recommendations apply the “best interests of the child” factors set out in Michigan law. An FOC recommendation becomes a court order if neither party objects within 21 days. If you disagree, you must file a timely objection, and the judge will then make an independent decision, though the FOC report often carries significant weight.
The FOC also enforces existing court orders. If a parent falls behind on child support or violates a custody arrangement, the FOC office initiates enforcement actions. Staff can facilitate mediation and other dispute resolution sessions, and a judge may refer a contested motion to an FOC referee, who conducts a hearing and recommends an order to the judge.
Trials and the Right to a Jury
The Michigan Constitution preserves the right to a jury trial, but in civil cases that right is waived unless one of the parties specifically demands it. In criminal cases, defendants have a constitutional right to trial by jury. If no jury is demanded in a civil case, the judge decides both the facts and the law in a bench trial.
Jury selection involves questioning potential jurors (voir dire) to identify bias. Each side can challenge jurors for cause and has a limited number of peremptory challenges to remove jurors without stating a reason. In a civil jury trial, the jury decides liability and damages. In a criminal jury trial, the jury decides guilt beyond a reasonable doubt. The judge rules on evidence disputes, instructs the jury on the law, and manages courtroom procedure.
Appealing a Circuit Court Decision
A party who believes the circuit court made a legal error can appeal to the Michigan Court of Appeals. For most civil cases, the appeal must be filed within 21 days of the entry of judgment. Criminal appeals have their own timelines. The filing is a “claim of appeal” for appeals of right, or an “application for leave to appeal” when permission from the appellate court is required.17Michigan Courts. Michigan Court of Appeals Internal Operating Procedures
The appellate court can affirm the circuit court’s decision, reverse it, or remand the case for further proceedings. Many appeals are decided entirely on the written briefs without oral argument, so the quality of the brief is often the most important factor in the outcome.