Michigan Laws 600.8705 – Citation; numbering; form; contents; modification; treatment as under oath
Current as of: 2024 | Check for updates
|
Other versions
(1) Each citation shall be numbered consecutively, be in a form as approved by the state court administrator, and consist of the following parts:
(a) The original, which is a complaint and notice to appear by the authorized official and shall be filed with the court in which the appearance is to be made.
Terms Used In Michigan Laws 600.8705
- Authorized local official: means a police officer or other personnel of a county, city, village, township, or regional parks and recreation commission created under section 2 of 1965 PA 261, MCL 46. See Michigan Laws 600.8701
- Citation: means a written complaint or notice to appear in court upon which an authorized local official records the occurrence or existence of 1 or more municipal civil infractions by the person cited. See Michigan Laws 600.8701
- Civil infraction: means an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance, as defined in section 8701, and is not a crime under that ordinance, and for which civil sanctions may be ordered. See Michigan Laws 600.113
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Municipal civil infraction: means a civil infraction involving a violation of an ordinance, as defined in section 8701. See Michigan Laws 600.113
- Ordinance: includes a temporary vessel speed limit established by a county emergency management coordinator or sheriff under section 80146 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 600.8701
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) The first copy, which shall be retained by the ordinance enforcement agency.
(c) The second copy, which shall be issued to the alleged violator if the violation is a misdemeanor.
(d) The third copy, which shall be issued to the alleged violator if the violation is a municipal civil infraction.
(2) With the prior approval of the state court administrator, the citation may be modified as to content or number of copies to accommodate law enforcement and local court procedures and practices. Use of this citation for violations other than municipal civil infractions is optional.
(3) A citation for a municipal civil infraction signed by an authorized local official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the authorized local official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.”