Michigan Defendant's Preliminary Witness List
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INSTRUCTIONS FOR FILING AND SERVING AN ANSWER TO A COMPLAINT (FORM MC 03) How do I file an Answer? Fill out the Answer form. Make four copies of the completed answer forms. File the Answer with the court. Serve the Answer. NOTE: You must bring all documents to the hearing to support what you checked on the answer form.
A subpoena may be served anywhere in Michigan in the manner provided by MCR 2. A subpoena may also be served by mailing to a witness a copy of the subpoena and a postage-paid card acknowledging service and addressed to the party requesting service.
After the Preliminary Examination hearing the District Court Judge will make a ruling. He or she will either find that probable cause exists and will bind over the defendant to Circuit Court for Trial.
A preliminary examination is conducted in a similar fashion to a trial. Witnesses and evidence are put forth by the district attorney. The defense counsel is able to question the witnesses and argue the weaknesses of the case presented by the district attorney. Unlike a trial, however, no jury is present.
INSTRUCTIONS FOR FILING AND SERVING AN ANSWER TO A COMPLAINT (FORM MC 03) How do I file an Answer? Fill out the Answer form. Make four copies of the completed answer forms. File the Answer with the court. Serve the Answer. NOTE: You must bring all documents to the hearing to support what you checked on the answer form.
Trial Subpoenas A subpoena to give testimony at trial or hearing must be served enough in advance to give the witness reasonable notice. Unless the court orders otherwise, the minimum reasonable notice is two (2) days or fourteen (14) days before the appearance when documents are requested.
The term preliminary hearing (sometimes called a probable cause hearing, preliminary examination, PX, or prelim) refers to a hearing in which a judge decides whether probable cause exists to require a defendant stand trial for a charged crime.
What Is a Preliminary Exam? A preliminary exam is like a mini version of a trial, absent the jury. The judge assigned to the case will alone decide whether the prosecution has met their burden of proof. The prosecution presents their case first.
Some of the rights afforded defendants during a preliminary hearing include:Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.