Understanding Civil Court Records in Michigan

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    Michigan civil court records are the official documentation of non-criminal cases involving disputes between individuals, businesses, or government bodies. These typically encompass a broad range of cases, including property disputes, family law matters, contract disputes, and personal injury claims. Civil court records in Michigan are maintained by the judiciary and include motions, settlements, complaints, and judgments. Per the Michigan Court Rules (MCR), most civil court records in Michigan are open to the public unless restricted by law or court order.

    Civil Court Record Statistics Reported by Michigan Courts

    In 2023, the Michigan trial courts processed 80,731 civil filings. This data, detailed in the Michigan State Court Administrative Office's (SCAO) 2023 Statewide Circuit Court Summary, provides a breakdown of these filings.

    • General Civil: 25,649
    • Auto Negligence Claims: 42,477
    • Other (Civil Damage): 9,956
    • Other (Civil): 2,293
    • Court of Claims: 356

    Additionally, in 2023, the Michigan trial courts received 102,320 domestic relations filings, and civil appeals in the appellate courts totaled 765.

    These figures demonstrate a steady caseload volume within Michigan's civil court system, reflecting the courts' critical role as the state's primary forum for resolving disputes.

    How Civil Records Differ from Criminal Records in Michigan

    Michigan civil and criminal court records serve different purposes in the judicial system. Civil court records detail the legal proceedings of disputes between private parties. In contrast, criminal court records are documents relating to the prosecution by the State of Michigan for violations of the Penal Code.

    Aspect

    Civil Court Record

    Criminal Court Record

    Legal Focus

    Resolve disputes between private parties over contracts, rights, or property.

    Penalize violations of Michigan's criminal laws

    Case Title

    Plaintiff v. Defendant

    People of the State of Michigan v. Defendant

    Trial Authority

    Circuit or district court, depending on the claim value and subject matter

    Preliminary cases (felonies) and misdemeanors are handled in the district court, and felony cases are handled in the circuit court.

    Possible Outcome

    Monetary judgment, injunction, custody order.

    Fines, jail time, probation, restitution.

    Public Access

    Mostly public, with exceptions for sensitive or sealed data

    Open to the public, except where exempt, for example, juvenile and sealed records.

    Structure of the Civil Court System in Michigan

    Michigan operates a four-tier judicial system, as established under Article VI of the Michigan Constitution. The system comprises the Supreme Court, the Court of Appeals, Circuit Courts, Probate Courts, and courts of limited jurisdiction. The limited jurisdiction courts include the District Courts (some cities have a Municipal Court) and the Court of Claims.

    Civil cases are primarily filed in the Circuit and District Courts, depending on the type of dispute and the amount. The Circuit Court is Michigan's trial court of general jurisdiction, while the District Courts are responsible for lower-value claims and certain landlord-tenant disputes. The Michigan Court Rules (MCR 2.001-2.630) govern the civil case procedures in Michigan, which are different from the rules governing criminal proceedings.

    Michigan Court Level

    Type of Civil Cases

    Supreme Court

    The Michigan Supreme Court, established by the Michigan Constitution, Article VI, § 2, is the highest appellate court and reviews select civil cases from the Court of Appeals. The Supreme Court is also responsible for interpreting constitutional and statutory issues, and it establishes statewide judicial policies.

    Court of Appeals

    Intermediate appellate court responsible for civil appeals from Circuit Courts, Probate Courts, and other administrative agencies.

    Circuit Court

    General jurisdiction over all civil disputes exceeding $25,000 involving torts, contracts, real property, or family law.

    Also receives appeals from lower courts and administrative agencies.

    District Court

    Michigan's trial court of limited jurisdiction, which hears civil claims of up to $25,000. Typical disputes include small claims (≤ $7,000), landlord-tenant disputes, and traffic or dominance matters. The District Court is also called the "people's court."

    Court of Claims (COC)

    A specialized division within the Court of Appeals that hears civil suits over $1,000 filed against the State of Michigan or any of its agencies. This includes contract disputes and constitutional claims.

    Probate Court

    The Probate Court hears civil matters related to estates, trusts, guardianships, and conservatorships.

    Public Access to Civil Court Documents in Michigan

    Rule 8.119 of the Michigan Court Rules generally allows for the public inspection and copying of most Michigan civil court records, except when restricted by a court order or law.

    Records may be either sealed or classified as confidential to safeguard personal privacy or sensitive details. Typical examples of such records include adoption files, juvenile matters, financial or Social Security information, and mental health proceedings. The court also has the legal authority to seal records whose disclosure may pose a threat to an individual's safety.

    How to Lookup Michigan Civil Court Records

    Interested parties can access Michigan civil court records via any of the following avenues:

    Remote Access Portals

    Michigan Courts allow remote access to civil court records through the MiCourt Case Search portal. Users can search for any civil record heard in the trial courts by party name or case number. The service is provided free of charge.

    Clerk of Court's Office

    Courts in Michigan also allow interested parties to access records in person by visiting or sending a mail-in request to the courthouse where the case was filed or originated. Individuals opting for personal visits are required to furnish the court attendant with pertinent details, such as the case number or party name, to facilitate the search.

    On the other hand, individuals requesting records via mail may complete a Request for Court Records form (see the Court of Claims form) or draft a letter that includes sufficient information and submit it to the applicable court.

    Obtaining certified copies of civil records generally incurs a fee of $10, plus $1 per page for copying (MCL 600.2546(1)).

    Public Terminals at Courthouses

    Alternatively, researchers can access civil court records in Michigan at public computers located in court facilities. Through these terminals, visitors can access both active and archived civil cases. These systems are managed by the local courthouses under Michigan Court Rule 8.119(H).

    Types of Civil Cases Filed in Michigan Courts

    There are different types of civil cases filed in Michigan. These cover disputes between individuals, businesses, or government entities and are typically filed in the District or Circuit Court, depending on the type of case and its monetary value. Below is a list of common civil cases filed in Michigan courts:

    • Contract Disputes: Involve breach of contract, debt collection, or business disagreements. Depending on their monetary value, they are heard in the Circuit or District Court.
    • Family Law: Typically heard in the Circuit Court Family Division. It encompasses divorce, custody, and child support matters.
    • Torts: Include negligence, personal injury, and defamation cases. Like contract disputes, torts are either heard in Circuit or District Court, depending on their monetary value.
    • Property Disputes: Include boundary issues, quiet title actions, and real estate conflicts, and they are heard in the Circuit Court.
    • Probate and Estates: Includes cases like trusts, wills, and guardianships, which are generally heard in the Probate Court.
    • Small Claims: Cover civil disputes below $6,500 and are resolved without attorneys in the Small Claims Division of District Court.
    • Landlord-Tenant: Covers rental and eviction disputes, typically resolved in the District Court.

    Information Captured in Michigan Civil Court Files

    Michigan civil court records, typically held by the county court clerk where a case originated, document the various stages of a lawsuit. These records detail all filings, including

    • Complaints, petitions, and responses
    • Briefs, motions, and evidentiary exhibits
    • Court orders, judgments, and settlements
    • Transcripts
    • Hearing schedules
    • Details of damages or restitution awards
    • Memorandum of decision and final judgments

    Retention and Archiving of Civil Court Records in Michigan

    The retention period for Michigan civil court records is governed by the Michigan Trial Court Case File Management Standards, as established by the State Court Administrative Office (SCAO) in coordination with the Department of Technology, Management and Budget (DTMB) Records Management Services. According to MCL § 600.1428 and MCR 8.119(K), courts are authorized by law to manage, retain, and dispose of case files as stated by approved schedules.

    Retention period varies based on case record type/category and presiding court/division, for instance:

    • Civil Indices and ROA for Non-Money Judgment in the District Court: Retained for 10 years from the date of filing.
    • Adoption Records in the Family Division: Retained until the date filed plus 100 years, after which they are destroyed.
    • Estate and Trust Case Records in the Probate Court: Retained until the date closed plus 50 years, after which they are either offered to the State Archives or destroyed if rejected.

    Both digital and paper records are subject to the Michigan courts' retention schedules. Upon completing the required retention period, many documents are securely destroyed. At the same time, those with permanent historical value may be offered to the Michigan State Archives.

    References and Official Resources