MICHIGAN VEHICLE CODE
Act 300 of 1949
257.741 Civil infraction action as civil action; commencement; plaintiff; jurisdiction; time and place for appearance; venue.
Sec. 741.
(1) A civil infraction action is a civil action in which the defendant is alleged to be responsible for a civil infraction. A civil infraction action is commenced upon the issuance and service of a citation as provided in section 742. The plaintiff in a civil infraction action must be either this state if the alleged civil infraction is a violation of this act, or a political subdivision if the alleged civil infraction is a violation of a local ordinance of that subdivision that substantially corresponds to a provision of this act.
(2) The following courts have jurisdiction over civil infraction actions:
(a) The district court.
(b) Any municipal court.
(3) The time specified in a citation for appearance must be within a reasonable time after the citation is issued pursuant to section 682 or 742.
(4) The place specified in the citation for appearance must be the court listed in subsection (2) that has territorial jurisdiction of the place where the civil infraction occurred. Venue in the district court is governed by section 8312 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.
(5) If the individual cited is a minor, that individual may appear in court or admit responsibility for a civil infraction without the necessity of appointment of a guardian or next friend. The courts listed in subsection (2) have jurisdiction over the minor and may proceed in the same manner and in all respects as if that individual were an adult.
History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006 ;-- Am. 2024, Act 161, Eff. Apr. 2, 2025
Notes of Decisions
Elena Herrada v. City of Detroit, 275 F.3d 553 (6th Cir. 2001).
“Mich. Comp. Laws § 257.741 (1) (providing that a “civil infraction action” is a “civil action”); id.”
Welch v. Dist. Court, 545 N.W.2d 15 (Mich. Ct. App. 1996).
· cites it 2× “MCL 257.741(5); MSA 9.2441(5). In addition, the court rules regarding delinquency proceedings in the probate court state that a delinquency proceeding "means a proceeding concerning an offense by a juvenile” and that an offense by a juvenile means "an act which violates a…”
People v. Antkoviak, 619 N.W.2d 18 (Mich. Ct. App. 2000).
“A person cited as being in violation of one of the enumerated code sections is provided with either an informal hearing before a referee or magistrate or a formal hearing before a judge.”
People v. Ferency, 351 N.W.2d 225 (Mich. Ct. App. 1984).
“” MCL 257.741(1); MSA 9.2441(1). As a party to a civil action, defendant must be distinguished from an accused in a criminal proceeding who has the right not to take the stand.”
McKinstry v. Genesee Cnty. Circuit Judges, 669 F. Supp. 801 (E.D. Mich. 1987).
“The Michigan Court of Appeals recognized the consequences of the misdemeanor character of speeding violations prior to the inactment of the Civil Infraction Act.”
People v. Schomaker, 323 N.W.2d 461 (Mich. Ct. App. 1982).
“In 1978, the Legislature undertook a major revision of the Michigan Vehicle Code, by passing the civil infraction act, 1978 PA 510 ; MCL 257.741 et seq.; MSA 9.2441 et seq. The purpose of the act was to decriminalize certain routine traffic violations, which were thereafter to…”
— Mich. Comp. Laws § 257.741(1) — 1 case
People v. Ferency, 351 N.W.2d 225 (Mich. Ct. App. 1984).
“” MCL 257.741(1); MSA 9.2441(1). As a party to a civil action, defendant must be distinguished from an accused in a criminal proceeding who has the right not to take the stand.”
— Mich. Comp. Laws § 257.741(5) — 1 case
Welch v. Dist. Court, 545 N.W.2d 15 (Mich. Ct. App. 1996).
“MCL 257.741(5); MSA 9.2441(5). In addition, the court rules regarding delinquency proceedings in the probate court state that a delinquency proceeding "means a proceeding concerning an offense by a juvenile” and that an offense by a juvenile means "an act which violates a…”
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