Court - District 46

 

To contact the Court in the case of an emergency, please e-mail 46courtemergency@cityofsouthfield.com. Please note, this email is for urgent requests only.  Any email that exceeds 10 pages will not be accepted.


PUBLIC NOTICE

revised 3/15/22

The 46th District Court has returned to full capacity of operations following the Coronavirus pandemic, pursuant to Michigan Supreme Court issued Administrative Order 2020-14. This notice is subject to change and will remain in effect until further notice by the Chief Judge.

 

PLEASE CONTACT THE COURT FOR THE MOST RECENT INFORMATION REGARDING YOUR CASE.

Please click here for information regarding Zoom

The 46th District Court building is open to the public weekdays from 8 am to 4:30 pm.  Effective 3/21/22 the clerk’s office will close daily from 12 pm- 1:00 pm, phones will not be answered during this time.

The Court will continue to hear cases by Zoom remote conferencing, including criminal arraignments; criminal pre-trials, sentencings, probation violations, bench trials, preliminary examinations and motion hearings. All civil motion hearings and some pre-trials will also be held via Zoom.  Notices of remote hearings will be sent by mail.

In-Person Hearings – In-person court proceedings will be allowed for civil and criminal cases where specifically requested by either party. Courtroom proceedings will continue to be limited to no more than 18 attendees.

Requirements for Entry - Witnesses and non-parties will be allowed into the common areas of the building subject to space limitations for compliance with the 6 feet distancing requirements between people. Non-parties and spectators will be allowed into courtrooms to the extent that their numbers allow for compliance with 6 feet distancing requirements between persons. Persons not allowed into courtrooms due to capacity, will view the proceedings via Zoom live streaming on YouTube. 

Parties entering the court must check in at the court’s main entrance and be screened for COVID symptoms. 

  • All persons must have their temperature taken with a touchless thermometer. Any person with a fever will not be allowed to participate.
  • All persons must fully complete a Visitor Screening form.  Answering YES to any question will prevent participation in the hearing.
  • Masks are not required but are strongly recommended. 
  • Persons are required to be socially distant and stay 6 feet apart from others.
  • After the COVID screening, parties will undergo weapons screening.

CIVIL

  • Landlord/Tenant evictions are no longer stayed generally; cases will be stayed only as otherwise required by law or at the discretion of the Court on an individual basis. Landlord/Tenant hearings will be scheduled and new cases are being accepted.
  • Landlord/Tenant dockets are being scheduled virtually on Zoom. 
  • Civil jury trials have resumed.
  • All motions and hearings will be scheduled for hearing via Zoom.  Civil bench trials and small claims trials will be held in person when specifically requested by a party.
  • All mediations will be referred to online dispute resolution via MI-Resolve or set for mediation via Zoom.
  • Municipal civil infraction hearings will be heard via Zoom.

Additional Landlord Tenant resources can be found at:

Michigan Legal Help - https://michiganlegalhelp.org/

COVID Emergency Rental Assistance Information - https://www.michigan.gov/mshda

Community Housing Network Eviction Relief Program - https://communityhousingnetwork.org/

Tenant’s COVID Eviction Relief Assistance Application - https://www.michigan.gov/documents/mshda/CERA_Tenant_Application_03.05.21_002_719190_7.pdf

TRAFFIC

  • Parties are encouraged to use online resolution which can be found at www.courtinnovations.com/mid46.  If a party requests an informal or formal hearing, it will be scheduled within 30 days.
  • Civil infraction conferences, informal hearings and formal hearings are being scheduled for hearing via Zoom. If you have received a traffic civil infraction, you must use online resolution within 14 days; or if you do not elect to use online resolution, you must still contact the court for a hearing date within 14 days.
  • Default judgments for failing to appear may be entered for Zoom hearings where the hearing was requested by the respondent.

CRIMINAL

  • Walk-in arraignments will be conducted in person. Parties who contact the court regarding a misdemeanor (non-domestic) arraignment can post a bond, if required, have the warrant lifted and receive a Notice to Appear. Defendants with felony or domestic warrants shall be directed to the police department to be processed for video arraignment.  Online warrant resolution for misdemeanors and other non-felony bench warrants is available at www.courtinnovations.com/mid46.
  • In-person arraignments will be held daily at 8:30 am
  • In-person felony preliminary exams will be held when specifically requested by a party.
  • Probable Cause Conferences are being scheduled and monitored by Judicial Assistants, who will re-schedule the hearing date if discovery is not complete. Attorneys and clients who desire, may waive preliminary exam on paper and need not appear on the record. 
  • Criminal jury trials have resumed.
  • Criminal misdemeanor bench trials, pre-trials and sentencing hearings will be held in person when specifically requested by a party. 
  • All in custody bonds will continue to be administratively reviewed.
  • Bench warrants will not be issued for individuals for failing to appear for the first hearing (excluding arraignments) conducted via Zoom.Thereafter, an in-person appearance date will be scheduled and a bench warrant will be entered on that date for failure to appear.

PROBATION

  • All probationers will report via phone, mail, e-mail or Zoom conference until further notice.  Probation in-take will resume with in-person defendants.
  • Violation of Probation hearings shall continue to be conducted via Zoom.  An in-person hearing may be held if requested by a party.
  • All Pre-Sentence Investigation interviews will be conducted remotely.
  • Bench warrants will not be issued for individuals for failing to appear for one VOP hearing conducted via Zoom. Thereafter, an in-person appearance date will be scheduled and a bench warrant will be entered on that date for failure to appear.

 


Online Ticket and Warrant Review and Resolution

The 46th District Court is pleased to offer online case review as a part of our initiative to expand access to justice and strive for efficiency and fairness. You may be able to resolve your matter without the need to appear in court.

You can now request a review of traffic violations and certain types of warrants through an online program. If you think you have a matter at the 46th District Court, go to www.courtinnovations.com/MID46 to search your name.


Online Case Review

Users may search for cases that are scheduled and case history information for public cases. Please note NON PUBLIC data will not appear in these applications. Please contact the court directly if you do not see your case listed or if you have questions about the status of your case.

Click here to access a list of cases that are scheduled for hearing.

Click here to access the Case Search application.


GarnIT

Attention Attorneys, Creditors, and Those Seeking Garnishment at 46th District Court:

On July 18, 2016, the 46th District Court will launch GarnIT, a web-based system that can be used by plaintiffs to electronically request and obtain a writ of income tax garnishment. Click here to access GarnIT.

The Court is open Monday through Friday from 8 a.m. to 5 p.m except for holidays. The Clerk Counter and Cashier are open Monday through Friday from 8 a.m. to 4:30 p.m. except for holidays.

The 46th District Court encompasses Southfield, Lathrup Village, Beverly Hills, Franklin Village, Bingham Farms, and Southfield Township. The 46th District is served by three elected judges and two appointed magistrates, with daily operations directed by Court Administrator Renee Shelide (telephone: (248) 796-5800), who is appointed by the judges.

The 46th District Court has exclusive jurisdiction over:

  • all civil litigation up to $25,000.00
  • all criminal misdemeanors (where punishment does not exceed one year)
  • the arraignment, setting, and acceptance of bail and conducting of preliminary examinations in felony cases (where punishment exceeds one year imprisonment)
  • all traffic and parking violations
  • small claims disputes in which the claim does not exceed $6,000, effective January 1, 2018.
  • all landlord-tenant disputes and land contract forfeitures

Information for people needing assistance

The 46th District Court's intent is to operate its programs and services so they, when viewed in their entirety, are readily accessible to and usable by individuals with a disability. To ensure equally-effective communication, the Court will provide auxiliary aids and services, such as sign-language interpreters, upon request. Reasonable advance notice is required. Please contact the Court Administrator's office at (248)796-5800 (voice) or (248)354-3329 (TDD) to make requests for these services.

Individuals with special needs who may require assistance in utilizing this process or service should also contact the Court Administrator's office. Court Administrator Renee Shelide, CCM, can be reached at (248) 796-5800. 

Please click here to read the 46th District Court's Grievance Procedure under the American with Disabilities Act.

Please click here to download a Request for Accommodation form.


The 46th District Court will be closed on the following dates:
 

January 17, 2022        Dr. Martin Luther King, Jr. Day

February 21, 2022      Presidents’ Day

April 15, 2022             Good Friday

May 3, 2022               Memorial Day

June 20, 2022            Juneteenth

July 4, 2022                Independence Day

September 5, 2022     Labor Day

October 10,  2022        Indigenous Peoples Day

November 11, 2022    Veterans’ Day

November 24, 2022    Thanksgiving Day

November 25, 2022    Day after Thanksgiving

December 23, 2021    Christmas Eve

December 26, 2021    Christmas Day

December 30, 2021    News Year’s Eve

 


Electronic Device Policy

Portable electronic devices are permitted in Michigan courthouses per MCR 8.115. The following restrictions apply for the use of cellular telephones and other portable electronic devices in the 46th District Court: 

1. Except for requests for film or electronic media coverage of court proceedings as permitted under AO No. 1989-1, the following restrictions apply to photography, audio recording, video recording, broadcasting, or live streaming in a courthouse

  • In a courtroom, no one may use a portable electronic device to take photographs or for audio or video recording, broadcasting, or live streaming unless that use is specifically allowed by the Judge presiding over that courtroom.
  • No one may photograph, record, broadcast, or live stream any juror or anyone called to the court for jury service.
  • In areas of a courthouse other than courtrooms, no one may photograph, record, broadcast, or live stream an individual without that individual’s prior express consent.

2. The following restrictions apply to use of portable electronic devices by jurors, including prospective jurors, and by witnesses.

  • Jurors must turn off their portable electronic devices while present in a courtroom or during deliberations. Jurors may use devices during breaks or recesses but may not be used to obtain or disclose any information about the case. A court may order jurors to turn over to the court their portable electronic devices during deliberations. If so, the court must provide jurors with a phone number where they can be reached in case of an emergency during deliberations.

3. A witness must silence any portable electronic device while in a courtroom, and may use a device while testifying only with permission of a judge.Attorneys, parties, and members of the public may use a portable electronic device in a courtroom to retrieve or to store information (including notetaking), to access the Internet, and to send and receive text messages or information.

4. Attorneys, parties, and members of the public may use a portable electronic device to reproduce public court documents in a clerk’s office as long as the device leaves no mark or impression on the document and does not unreasonably interfere with the operation of the clerk’s office.

  • Attorneys, parties, and members of the public must silence portable electronic devices while in the courtroom. A portable electronic device may not be used, without permission of the court, to make or to receive telephone calls or for any other audible function while court is in session. Portable electronic devices may not be used to communicate in any way with any courtroom participant including, but not limited to, a party, a witness, or juror at any time during any court proceedings.

5. Witnesses must silence their portable electronic device while in a courtroom and may only use a device while testifying with permission of the presiding judge.

6. Photographs, audio or video recording, broadcasting, or live streaming must not occur without the permission of the presiding judge.

7. Use of a portable electronic device outside a courtroom is subject to the authority of judges, Clerks of the Court, or court administrators to limit or terminate activity that is disruptive to court operations or that compromises courthouse security.

8. If these rules are violated, the presiding judge may confiscate the device for the remainder of the day or order that the phone be turned off and put away. Violations of this rule are punishable by appropriate sanctions up to and including contempt of court as determined in the discretion of the court.