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93rd
DISTRICT COURT OFFICES:
MANISTIQUE
OFFICE:
STAFF:
300 Walnut
Street Honorable Mark E. Luoma- Judge
Manistique, MI
49854 Belinda A. Cole- Magistrate/Probation
Officer
Telephone (906)
341-3630 Karen T. Gurski- Court Recorder
FAX (906)
341-8006 Sally J. Lauzon- Deputy Clerk
Mary Monroe-
Clerical
MUNISING
OFFICE:
P.O. Box 186
Munising, MI
49862
Telephone (906)
387-3879
FAX (906)
387-2688
You may pay fines and court costs in person
at the Schoolcraft County Court House or,
You may pay by credit card
by contacting Government Payment Services toll-free at:
1-888-604-7888, or on the web at
https://www.govpaynow.com/gps/user/ You will need to
obtain a code from County Officials before credit card payment
can be made.
DUTIES
AND RESPONSIBILITIES:
The 93rd District Court is
a first class district court with offices located in the City of
Manistique and the City of Munising. The Hon. Mark E. Luoma
serves as the District Court Judge. In Manistique, the
Magistrate is Belinda Cole and in Munising, the Magistrate is
Lynne Maki. Court addresses and telephone numbers are listed
above.
The District Court has jurisdiction
over all misdemeanors where punishment does not exceed one year
in jail, as well as first appearances and preliminary
examinations on felony cases. The District Court sets and
accepts bail on felony and misdemeanor cases. The District
Court has jurisdiction over all traffic civil infraction and
non-traffic civil infraction matters. The District Court has
exclusive jurisdiction over all civil litigation up to $25,000,
including small claims and eviction proceedings. Michigan
courts are required to publicly post the fines and costs to be
assessed for certain civil infraction tickets.
Services Provided:
Court staff will assist you with
procedural questions. However, the staff are not lawyers and we
are prohibited by law from providing legal advice. If you have
a legal question or need legal assistance, please contact a
lawyer.
The Michigan Supreme Court has
developed a self-help web page for many issues, including the
ability to download official court forms. The web address is:
http://courts.michigan.gov/scao/selfhelp/selfhelphome.htm
Small Claims Forms may be obtained at
the following web address:
http://courts.michigan.gov/scao/courtforms/smallclaims/scindex.htm
Garnishment Forms may be obtained at
the following web address:
http://courts.michigan.gov/scao/courtforms/garnishment/garindex.htm
Landlord Tenant forms may be obtained
at the following web address:
http://courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/ltlindex.htm
LINKS
TO INFORMATION:
Fines and Cost
Schedule for Civil Infraction Tickets
Civil Matters – Small
Claims
Marriage Ceremonies
Bail Bond Information
Landlord/Tenant
Traffic Violations
Probation Services
General Civil
Misdemeanor Offenses
Frequently Asked
Questions
If you have any other questions or
need additional information, please call the Manistique District
Court at (906) 341-3630, or email the district court at
scdistrict@chartermi.net.
District
Court
Frequently
Asked Questions
Back to the District
Court Web Page
How do I
contest a traffic ticket?
If you received a
civil infraction violation (i.e. speeding, stop sign violation,
violation of the basic speed law) you may deny responsibility
for the violation by contacting the Court by telephone at (906)
341-3630 for Manistique, Schoolcraft County or (906) 387-3879
for Munising, Alger County, visiting the Court in person, or
sending a written request to deny responsibility to the Court.
If you send a written request you must provide the Court with
your name legibly printed, current address and telephone number,
refer to the violation you are contesting (if you have more than
one pending traffic citation), and provide the date of the
violation.
Once you have
contested your ticket, you must request either an informal
hearing before the Magistrate or a formal hearing before the
District Judge. An informal hearing is just what the name
implies, and informal hearing setting before the Magistrate
where all parties must appear personally, witnesses may be
called, testimony given, and the Magistrate makes a decision
based on the testimony given applied to the appropriate statute
or ordinance involved.
The Magistrate’s
decision may be appealed by either party. The appeal is made to
the District Court Judge. The appeal must be made within 7 days
and if the defendant makes the appeal, an appeal bond equal to
the amount of the penalty for the ticket must be posted in cash
at the time of the request for appeal.
You may request a
formal hearing if you dispute your traffic citation. A formal
hearing is heard before the District Judge. The police officer
will be represented by the appropriate prosecuting official, you
may represent yourself or you may hire an attorney to represent
you if you would like. At a formal hearing the Judge considers
the testimony and any other evidence presented and makes a
determination regarding responsibility for the ticket.
If you have been
cited for a misdemeanor traffic offense, and want to admit
responsibility, sign the back of your copy of the ticket where
it is indicated, and mail the exact fine to the court at the
appropriated address. Payment may be made by check or money
order made payable to the 93rd District Court. Be sure to
comply with the time limits within which to respond to avoid any
operator’s license suspension by the Secretary of State. If you
have any questions or concerns about the ticket, call the Court
at the telephone numbers provided.
How do I
file a small claims action?
Small Claims
forms are available on-line within the District Court web page
or at either District Court offices. To file a claim you must
complete a form (clear instructions are printed on the back of
the form packet), sign the claim before a Deputy Court Clerk or
have your signature notarized, and pay the fee to file your
claim. For the appropriate fee, see the District Court
Information Page.
At the time of
filing a trial date is scheduled in approximately 4 weeks in the
future to allow for the complaint to be delivered to the
defendant. The rules require that the defendant receive a copy
of the complaint at least 15 days before the trial. The
complaint may be served upon the defendant either by certified
mail return signed receipt, or personally by a sheriff’s deputy
or private process server, other than the plaintiff. Documentary
proof of this service must be provided before or at the
beginning of trial in order for the case to proceed. If you
have questions concerning this procedure, call the Court at the
telephone numbers provided in this website.
Small claims
decisions made by the District Court Judge may not be appealed.
If a party to a small claims action wishes to preserve the right
to appeal, the party must make a Demand for Removal which moves
the claim to the General Civil Division of the Court. The form
for this is available at the District Court Offices. It should
be noted that once a case is removed to the General Civil
Division of the District Court, all civil court rules of
procedure must be followed. It is suggested to seek the advice
and assistance of a lawyer.
By appearing in
Small Claims Court, the parties give up the right to sue for
more than $3,000 (that is the limit set by law for small claims
actions), they give up the right to an attorney (the parties
must represent themselves), they give up the right to appeal
(all decisions are final) and they give up the right to a trial
by jury (the District Judge makes the decision). If either
party desires to assert any of these rights, they must notify
the court before the trial.
DISTRICT COURT
INFORMATION:
Back to the District
Court Web Page
Civil Matters –
Small Claims
A small claims action may be filed
when the amount in controversy is $3,000 or less. Parties must
represent themselves in small claims court. Attorneys are not
allowed unless they are a party to the suit. Businesses may be
represented by a full-time employee with knowledge of the
claim. Small Claims forms are available at both Court locations
or from the link online at:
http://courts.michigan.gov/scao/courtforms/smallclaims/scindex.htm
FILING FEES:
Amount of Claim
Fee
Up to
$600 $25 plus service fee
$601 to $1,750
$45 plus service fee
$1,751 to $3,000
$65 plus service fee
Service of the complaint upon the
defendant may be made by certified mail. The fee for certified
mail is $5.50 per defendant to be paid along with the filing
fee. The claim may be served by the Sheriff or a process server
who will bill you directly.
If you have been awarded a judgment in
small claims court, once the judgment has been paid by the
opposing party, you must advise the Court in writing that the
claim has been paid in full. For more information see How do
I File a Small Claims Action?
Landlord/Tenant:
The court will provide Notice to Quit
forms for non-payment of rent (7day notice), termination of
tenancy (30 day notice), or health hazard/injury to premises (7
day notice) upon request or these forms may be available online
at:
http://courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/ltlindex.htm
A Practical Guide for Tenants and
Landlords is an excellent
publication and is available at both court locations upon
request at no cost. Filing fees to initiate this type of suit
vary upon whether you are seeking termination of tenancy only or
requesting a judgment for money damages.
Filing Fees for Landlord/Tenant
actions:
Action Fee
Termination of Tenancy
Only $45
Money Judgment Up To $600 $25 plus
$45 (for termination of tenancy)
$601 to
$1750 $45 plus $45 (for
termination of tenancy)
$1751 to
$10,000 $65 plus $45 (for
termination of tenancy)
$10,001 to
$25,000 $150 plus $45 (for
termination of tenancy)
Jury Demand if Jury Trial is
requested: $50
Motion fee if any legal motions are
filed: $20
GENERAL CIVIL
Summons forms are available at the
Court by request. You must draft you own complaint to accompany
the summons. Filing fees vary depending upon the amount of
money claimed.
Filing Fees:
Amount of
Claim Fee
Up to
$600 $25
$601 to
$1,750 $45
$1,751 to
$10,000 $65
$10,001 to
$25,000 $150
Jury
Demand $40
Motion
Fee $20
Marriage Ceremonies
Civil marriage ceremonies are
performed at the Courthouse between the hours of 9:00 a.m. and
4:00 p.m. on normal business days. Both the District Court
Magistrates and the Judge performs the ceremonies. You must
have a valid Michigan marriage license, two adult witnesses are
required, and a $10 fee is collected at Court offices at the
time of the ceremony. You must contact the Court in advance to
schedule your marriage ceremony at (906) 341-3630 (Schoolcraft
County) or (906)387-3879 (Alger County).
Traffic Violations
If you have received a civil
infraction violation, you may admit to the ticket, admit with an
explanation, or deny responsibility for the violation and
request a hearing. For more information see How do I contest
my traffic ticket?. If you wish to admit with an
explanation, you may make your explanation in person to the
Magistrate at Court offices or you may make a written
explanation and drop it off or mail it to the Court. The
Magistrate will respond to your explanation. Most traffic
violations may be paid through the mail or in person. For
ticket amounts see the 93rd District Court Traffic Fines and
Costs Schedule. Payment may be made by money order or
check. We are currently working to implement the ability to
receive credit card payments. This process will be announced in
the near future. Payment in cash is accepted at both court
offices. Be sure to include you ticket with the payment; sign
the back of your ticket indicating and admission of
responsibility for a civil infraction, or plea of guilty for a
minor misdemeanor violation such as expired registration plate
or operator’s license. All payments are due with 10 days unless
you contact the Court and make other arrangements for payment.
If you fail to respond to your ticked, the Court will enter
judgment against you (on a civil infraction) and after the
statutory notices, move to suspend your driving license. If
your driving privileges have been suspended for non-payment or
failure to appear, you must satisfy you judgment to the Court
with payment by money order or cash only.
Misdemeanor Offenses
Many minor misdemeanor and most
non-traffic civil infraction violations allow for appearance
before the Magistrate. The Court offices allow walk-in
arraignments between 9:00 a.m. and 4:00 p.m. If you were not
given a date and time for your arraignment, call the court at
the appropriate location to schedule it. The business office
hours of the court are weekdays from 8:00 a.m. to 4:00 p.m.
excluding the noon to 1:00 p.m. lunch hour.
Bail Bond Information
Any money being deposited with the
Court as bail will be held to guarantee the defendant’s
appearance in Court for all proceedings until the conclusion of
his/her case. Bond must be posted in cash. Checks are not
accepted. If you are posting bond for someone else, you will be
asked to decide if the defendant has your permission to use the
bond money towards any fines and costs imposed if convicted. If
you choose to allow the use of the bond money, it will
automatically be applied to the penalty imposed after
sentencing. If you post bond money for yourself, it will
automatically be applied to your fines and cost after
sentencing. If bond money is to be returned to you at the
completion of a case (which is after sentencing or upon
acquittal after trial), you must appear at the District Court
Clerk’s Office in the proper Court location with your copy of
the bond receipt and photo identification to receive the bond
refund. If you pos a 10% bond, the Court will keep !0% of the
deposited amount of the bond pursuant to Court Rule (i.e., if
you post 10% of $500, $45 in bond money will be actually
returned to you or applied to fines and costs).
By posting bond money for someone else
you are guaranteeing their appearance I Court at all
proceedings. If the defendant fails to appear for arraignment,
pretrial, trial or any other compelled Court appearance, the
bond money you posted will be forfeited to the Court after
proper notice. If you whish to revoke the bond before the case
is completed, you must petition the Court for an order revoking
bond. If the order is granted, the bond money will be returned
to you after the defendant is returned to custody.
You may pay bond in person at the Schoolcraft County Jail or,
You may pay by credit card
by contacting Government Payment Services toll-free at:
1-888-604-7888, or on the web at
https://www.govpaynow.com/gps/user/ . You will need to
obtain a code from County Officials before credit card payment
can be made.
Probation Services
The 93rd District Court has probation
offices in both Alger and Schoolcraft Counties. Belinda Cole and Marcy
Johnson are the probation officers for Schoolcraft County (906)
341-3630 and Lynne Maki is the probation officer for Alger
County (906)387-3879. Probation services include oversight of
probation clients. Probation officers monitor a defendant’s
progress with oversight concerning education, substance abuse
services, domestic violence counseling, general rehabilitation
programs and collection of fines, costs and restitution.
DISTRICT COURT TRAFFIC
FINES AND COSTS
Effective:
02/01/07
Back to the District
Court Web Page
SPEEDING:
Fines & Costs
Points
1-10 mph over
speed limit
$100 2
11-15 mph over
speed limit
$120 3
16-20 mph over
speed limit
$135 4
21-25 mph over
speed limit
$150 4
26-30 mph over
speed limit
$165 4
31-35 mph over
speed limit
$190 4
36 mph and
above speed limit
$200 4
VIOLATION:*
Careless
Driving
$155 3
with
accident
$175 3
Child
Restraint Violation $
85 0
Defective
Equipment $ 90
0
Disobey Stop
Sign $100
3
with
accident
$115 3
Disobey
Traffic Control Device
$100 3
Drove Left of
Center
$100 2
with
accident
$115 2
Expired
Operator’s License $
90 2
Fail to Dim
Headlights
$100 2
Fail to Stop
Leaving Private Drive
$100 2
with
accident
$115 2
Fail to
Yield
$100 2
with
accident
$115 2
Fail to Yield
Emergency Vehicle $150
4
Following too
Closely $100
2
with
accident $115
2
Insecure
Load $150
0
Improper
Passing $100
3
with
accident $115
3
Registration
Violation $135
0
No Helmet
Motorcycle $100
0
No Valid
License on Person $
90 0
Park in
Handicapped Space $155
0
Failure to
Stop for School Bus $255
3
Refuse
Preliminary Breath Test $200
0
Seat Belt
Violation $ 65
0
Violation of
Basic Speed Law $100
2
with
accident
$115 2
* Call
the court for penalty amount for moving violations in
construction zones. No proofs of insurance fines are $151.00,
but citation will be dismissed if proof that insurance was in
effect at the time of the ticket is provided to the court within
10 days.
READ THE BACK
COPY OF YOU CITATION CAREFULLY
Payment by mail
must be by check or money order. Make checks and money orders
payable to the 93rd District Court. THE
SIGNED CITATION MUST BE RECEIVED BY THE COURT WITHIN 10 DAYS
FROM THE DATE THE CITATION WAS ISSUED. AFTER 14 DAYS,
ADDITIONAL COSTS WILL BE IMPOSED AND YOU DRIVER’S LICENSE IS
SUBJECT TO SUSPENSION.
If you posted a
bond with the officer, and it is the correct amount of your
ticket, and you wish to admit responsibility, you must sign the
back of your ticket admitting responsibility and mail or FAX
this to the Court. Once we receive you plea, we will apply the
bond posted.
DEFECTIVE
EQUIPMENT VIOLATIONS: Read
the reverse of you citation and make sure you send the copy to
this Court after being signed off by a law enforcement agency.
Call the court
between the hours of 8:00 am and 4:00 pm for any further
information you may need.
COURT ADDRESS
AND INFORMATION:
SCHOOLCRAFT COUNTY
93rd District Court
300 Walnut Street
Manistique, MI 49854
Telephone (906) 341-3630
FAX (906) 341-8006
ALGER COUNTY
93rd District Court
P.O. Box 186
Munising, MI 49862
Telephone (906) 387-3879
FAX (906) 387-2688
You may pay fines and court costs in person
at the Schoolcraft County Court House or,
You may pay by credit card
by contacting Government Payment Services toll-free at:
1-888-604-7888, or on the web at
https://www.govpaynow.com/gps/user/ You will
need to obtain a code from County Officials before credit card
payment can be made.
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