It is necessary to understand certain legal terms if you are going
to represent yourself in a court action. Many of these legal terms
are defined in the publication Handbook
of Legal Terms available from this website. If you cannot find
a term in this publication, see Black's Law Dictionary. This resource
is available at a law library and may be available at a public library.
In addition to understanding legal terms, it is important to understand
the types of legal services or rights that may be available to you as
a party to a case. Some of these legal services and rights are listed
below.
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Access to Justice. All citizens of Michigan should have access
to the court system. For information about access to justice, see
the Bias
Free Behavior in the Court brochure and the Summary
Report on Race/Ethnic and Gender Issues Task Forces. See how
to request physical access to the courts including a courthouse
access checklist. See also the Model
Policy on Requests for Accommodations by Persons with Disabilities.
Foreign Language Interpreter. Any party to a case is entitled
to a foreign language interpreter if they do not speak English. A
request for an interpreter can be filed with the court. Other
information about foreign language interpreters is also available.
Foster Care Case Review. If you are a parent whose child is
in foster care, you can request that your case be reviewed by contacting
the Foster
Care Review Board >>.
Friend of the Court Bureau. The Friend
of the Court Bureau provides public educational programs regarding
domestic relations law and community resources, including financial
and other counseling, and employment opportunities. It also handles
complaints against local friend of the court offices.
Mediation. For information about mediation dispute
resolution, see the Office
of Dispute Resolution >>. A detailed
pamphlet explaining mediation is also available from the Office
of Dispute Resolution.
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Citizen Using the Court. As a citizen using the court, you
have a number of basic rights such as the right to be represented
by an attorney, to represent yourself in a case, and the right to
barrier free access to the court. You should expect the court to
treat you with fairness, respect, and courtesy and you should expect
court proceedings to begin on time and proceed in an orderly manner.
You should expect that the judge and attorneys in your case will
be prepared to hear or try your case when court is convened to hear
your matter. The court should treat all persons who come before
it equally, and you should not be subjected to discriminatory treatment
on the basis of your race or gender or any other legally-protected
characteristic. You may request an interpreter if you are unable
to communicate in English or if you are hearing impaired.
Complaints. You have the right to file complaints against
courts, court staff, and attorneys. For information, see Complaints
>>.
Crime Victim. If you have been a victim of a violent crime
or injury, you have several rights. First, you have the right to
be told when the accused will be in court. Second, you have the
right to make comments in person or in writing about how the crime
has affected you and what you think the sentence should include.
Third, you have the right to be told if the accused is in a juvenile
facility, jail, or prison, and if convicted, when the person becomes
eligible for parole or release. Finally, you may have the right
to be paid money for financial loss or injuries.
The Crime Victim's Compensation Board investigates victims' claims
and provides compensation for losses resulting from physical injury.
For more information, you should contact the prosecutor's office
where the crime occurred.
Foster Parent. As a foster parent, you have the right to appeal
the removal of a child from your home. You also have the right to
be notified of each proceeding involving a child placed with you and
to be heard at those proceedings. See
Michigan Court Rule 3.921(B)(1) >>.
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Citizen Using the Court. If you are representing
yourself in a case, you are expected to conduct yourself professionally
and to follow the same rules an attorney would.
Juror. A juror is a person who has been selected for jury
duty. A jury is a group of individuals randomly selected from the
community, sworn in by the court, and asked to deliver a decision
in a court proceeding. Jurors are an important part of the legal
system.
Individuals called for jury duty are randomly selected using driver
license and personal identification cardholder lists provided by
the Secretary of State. If you have been selected, read the juror
summons or notice carefully. It will explain where and when you
must appear.
You must respond to the jury summons. Individuals who are exempt
from serving on a jury are: 1) individuals who are not citizens
of the United States; 2) individuals who no longer live in the city
or county which issued the summons; 3) individuals who do not speak
or understand the English language; 4) individuals with a physical
or mental disability that would prevent them from serving; 5) individuals
over the age of 70 who do not want to serve on a jury; 6) individuals
who have served as a juror during the past 12 months; and 7) individuals
who are have been convicted of a felony.
Reporting Child Abuse and Neglect. If you believe that
a child is in danger of physical injury or is living in a seriously
damaging home environment, call the Department of Human Services or
any police agency. Reports made to the Department of Human Services
are confidential.
Usually within 24 hours of the call, the Department of Human Services
or police agency will begin an investigation. If either of these
agencies feel that a child has been abused or neglected, they may
file a petition with the family division of the circuit court. A
petition alleging child abuse or neglect may result in the removal
of the child from his or her parents or legal guardians. The parents
or legal guardian may be required to participate in child abuse
or neglect programs. Sometimes, the court may terminate the rights
of the parents or legal guardian and place the child for adoption.
Medical or physical health care providers, social workers, teachers,
and law enforcement personnel are required by law to report all
suspected child abuse and neglect cases. These individuals must
submit a report to the Department of Human Services.
Witness. A person who testifies at a court hearing is a witness.
As a witness, you may have seen an accident, witnessed a crime, be
asked to describe the character of someone you know, or be directly
involved in a trial. You may be appearing because you volunteered
to do so, or you may have received a subpoena or court order directing
you to appear in court. You must obey the subpoena or face legal penalties.
If you have been subpoenaed to appear as a witness, the subpoena
will tell you where and when to appear. If you are not called to
testify on the specified day, the judge may extend the terms of
the subpoena.
Witnesses who have been subpoenaed are paid a witness fee and a rate
for mileage. The payment is usually received with the subpoena. See
MCR 2.506(G)(1). The witness fee is currently $12.00 per day and $6.00
per half-day (MCL
600.2552).
As a witness, you will be asked to answer some questions regarding
your knowledge of the case. Here are some suggestions that may help
you as a witness: stay calm; be on time; answer only the question
being asked; do not guess or speak out of turn; and most importantly,
always tell the truth.
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Civil case procedure involves the following basic phases:
Starting an Action
Filing and Serving a Complaint: A lawsuit begins when a plaintiff
files a complaint with the proper court. The complaint identifies
the parties involved in the case and describes the nature of the
grievance and the remedy that is being sought.
The court issues a summons, and a copy of the complaint and summons
is served on the defendant. The summons states that the defendant
must respond to the complaint within 21 days.
Answering a Complaint: The defendant responds to the complaint
by filing an answer in the same court, within the required time.
If the defendant does not file an answer or other responsive pleading
within the required time, the court may enter a default judgment
in favor of the plaintiff. See
details >>.
Michigan Court Rules for starting a case are MCR
2.101 through 2.227.
Discovery
Discovery involves various procedures for discovering facts. It
allows all the parties to get all the relevant facts in the lawsuit.
Most discovery includes asking questions of parties and witnesses
through written questions (interrogatories) or through oral questions
under oath (depositions), and reviewing documents acquired through
an order to produce (subpoena) or a request for production of records.
Michigan Court Rules on discovery are MCR
2.301 through 2.316.
Pretrial Procedures
Pretrial procedures are events designed to conclude or
settle a lawsuit without going to trial. These events include various
conferences, case evaluation, and mediation. Michigan Court Rules
for pretrial procedures are MCR
2.401 through 2.420.
Trial Procedures
Depending on the type of action, a case may be tried before a
judge or before a jury. If a party wants a jury trial, a demand
for jury must be filed within a certain time and a fee must be
paid. If the trial is by jury, there are a number of procedures
for selecting and impaneling a jury as well as for instructing
the jury about their responsibilities in the case.
At the trial, opening statements are made by each party to the
judge or the jury explaining the nature of the case, what evidence
is going to be presented, and what facts are going to proven.
After the opening statements, the parties present their case,
call their witnesses, and provide their evidence. The plaintiff
always goes first, followed by the defendant. After presenting
evidence and witnesses, the parties have additional opportunities
to examine and cross-examine one another's evidence or witnesses.
The trial is often concluded by a final argument from each party.
After the trial, the jury or judge will arrive at a verdict.
In a jury trial, the jurors will go to a separate room to discuss
the case in order to arrive at a verdict (this is called jury
deliberations). In a bench trial, the judge may leave the bench
for a short time to consider the evidence before making a verdict.
Michigan Court Rules dealing with trials are MCR
2.501 through 2.518.
Judgment
Once a settlement is reached, a verdict is entered, or
a default is entered (if the defendant did not answer the complaint),
a judgment must be prepared. In most cases, the judgment is prepared
by the prevailing party (the person who "won" the case)
and entered by the court. Depending on the type of case and how the
judgment was arrived at, a hearing may be necessary to enter the order.
All judgments must be signed by the judge and dated with the date
they are signed. To be effective, a judgment must be filed with the
clerk of the court, and the prevailing party must serve a copy on
the other party. Michigan Court Rules on judgments are MCR
2.601 through 2.613.
Postjudgment Procedures
Postjudgment procedures provide the parties with the means
to enforce a judgment or to appeal a judgment and to assess costs
associated with the case. Michigan Court Rules for postjudgment proceedings
are MCR
2.614 through 2.630.
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