16th District Court

PLEASE READ TO THE END OF THIS POSTING FOR

DAILY AMENDMENTS AND UPDATES

Updated July 24, 2020

COVID-19 Update from the 16^th District Court

The 16^th District Court’s “Plan to Return to Full Capacity Phase Two,” Administrative Order Number 2020-06 has been approved on June 19, 2020 by the State Court Administrative Office.

During the current phase, the court will remain closed except by appointment only with staff available from 8:30 a.m. to 4:30 p.m., Monday through Friday.  If you do not have an appointment scheduled and have not received a notice to appear, please contact the court by phone. Court phone lines are open Monday through Friday from 8:30 a.m. to 4:30 p.m. at the main number (734) 466-2500.

Phase Two will remain in effect until further notice.  

The following functions will be handled during Phase Two as indicated below: 

CRIMINAL MATTERS

1. All felony and misdemeanor in-custody matters will be handled via the Polycom (video conferencing system).
2. All prisoner transport for court matters has been suspended and all in-custody matters will be handled via the Polycom system.
   
   
3. All scheduled and walk-in arraignments have been adjourned and contacts are being made by MIDC attorneys to discuss their case and schedule Virtual Court Hearing using Zoom and YouTube Live.  If you have a scheduled arraignment and are unable to participate remotely, report at your scheduled hearing in person.
   
   
4. Any individuals with outstanding warrants are to report to the Livonia Police Department to post bond and receive a future hearing date.  The police department may be reached at (734) 466-2470.
   
   
5. Jury selection and jury trials have been canceled until further notice.
   
   
6. All regular misdemeanor pretrials have been adjourned and attorneys are being contacted by the City Prosecutor to discuss the matter and offer Virtual Court Hearing using Zoom and YouTube Live.  If you have a pretrial scheduled and you are unable to participate remotely, you must report for the hearing in person.
   
   
7. All sentencing matters have been scheduled for Virtual Court Hearing using Zoom and YouTube Live. If unable to participate in a remote hearing, you must report in person on your scheduled date.
   
   
8. Failure to appear for a Zoom hearing shall result in immediate issuance of a Bench Warrant for the defendant’s arrest.
   
   
9. Any cases in a warrant status due to failure to pay fines and costs can be addressed online by visiting our website.
   
                            CIVIL INFRACTIONS
   
   
10. All civil infraction hearings including traffic, parking and zoning infractions are being handled remotely or in person. If a case is being adjourned, notifications are being sent with available options.   If you are unable to appear remotely, you must appear in person on your scheduled hearing date.
    
    
11. The public is encouraged to utilize the online mediation portal available on our website for eligible infractions
    www.courtinnovations.com/MID16
    
    
12. The court will continue to process payments made online through our website, by mail, or at the drop box located in the Livonia Police department lobby.
    
                                PROBATION
     
13. All in-person reporting probation appointments have been converted to mail-in status.  The Monthly Supervision Report Form is available online at www.16thdistrictcourt.com or at the kiosk in the lobby of the Livonia Police Department. You must submit your Monthly Supervision Report forms and payment by mail, online or place in the dropbox, located in the lobby of the Livonia Police Department.
    
    
14. All violations of probation hearings are being handled remotely or in-person.  Failure to appear for a Zoom hearing shall result in immediate issuance of a Bench Warrant for the defendant’s arrest.
    
    
15. The work program is resuming on Saturday, July 11, 2020.  Please bring your mask, gloves, and a water bottle.  Health screening and temperature checks are mandatory.
    
    
16. All Formal and Informal Drug Court hearings are being held remotely by phone in a court recorded setting.
    
    
17. All alcohol and drug testing continue as directed by the probation department.  All drug and alcohol testing agencies have re-opened.  Your failure to comply will result in the issuance of probation violation.  If you have received a probation violation notice, you may contact the probation department at (734) 466-2550 to schedule a zoom hearing.
    
    
18. Any requests and inquiries may be emailed to Livoniaprobation@ci.livonia.mi.us.
    
    
19. The CHANGES support group meeting for probationers has been canceled until further notice.
    
    
                          CIVIL MATTERS
    
    
20. All jury trials, bench trials, civil motions, mediations, small claims, and post-judgment collection discovery exams have been adjourned and all parties will be notified for new dates.
    
    
21. All participants in general civil matters will be notified in advance as to whether their matter will be heard in-person at the Court, or virtually by way of Zoom, to be determined by the presiding judge.
    
    
22. The Court will continue to accept pleadings sent to the Court via U.S. mail with the necessary filing fees.  All necessary filling fees continue to be required.
    
    
23. The civil division may be reached at (734) 466-2500 option # 2 or by email at livoniacivil@ci.livonia.mi.us.
    
                LANDLORD-TENANT MATTERS
    
    
24. Summary proceedings, hearings and trials were adjourned beginning March 17, 2020.  So long as these rescheduled matters were not in violation of the Governor’s or Michigan Supreme Court Orders, they could not be heard until July 15, 2020. 
    Beginning July 16, consistent with Amendment of Administrative Order No. 2020-17; the following items are in force:
25. Landlord-Tennant matters will be heard using a 6-category “prioritization approach,” with all participants to be notified in advance as to whether their matter will be heard in-person at the Court, or virtually by way of Zoom, to be determined by the presiding Judge.  
    
    
26. A filer who filed a case before April 16, 2020, must update the factual allegations in the complaint and file the verification form required by Administrative Order No. 2020-8 before a hearing will be scheduled.  
    
    
27. DEFENDANTS: Be aware that you have the right to counsel, as more fully described in MCR 4.201 (F)(2).
    
    
28. At the initial hearing noticed by the summons, the court must conduct a pretrial hearing consistent with SCAO guidelines.   At the pretrial hearing, the parties must be verbally informed of all of the following:
    
    a. Defendant has the right to counsel. MCR
    4.201(F)(2).
    
    b. The Michigan Department of Health and Human Services (MDHHS), the local Coordinated Entry Agency (CEA), or the federal Help for Homeless Veterans program may be able to assist the parties with payment of some or all the rent due.
    
    c. Defendants DO NOT need a judgment to receive assistance from MDHHS or the local CEA. The Summons and Complaint from the court case are sufficient.
    
    d. The availability of the Michigan Community Dispute Resolution Program (CDRP) and local CDRP Office as a possible source of case resolution. The court must contact the local CDRP to coordinate resources. The CDRP may be involved in the resolution of Summary Proceedings cases to the extent that the chief judge of each court determines, including conducting the pretrial hearing.
    
    e. The possibility of a Conditional Dismissal pursuant to MCR 2.602 if approved by all parties. The parties must be provided a form to effectuate such Conditional Dismissal.
    
    
29. Except as provided below, all Summary Proceeding Act cases must be adjourned for seven days after the pretrial is conducted.   MCL 600.5732.  Any party who does not appear at the adjourned date will be defaulted.  Cases need not be adjourned for seven days if:
    
    a. The plaintiff dismisses the complaint, with or without prejudice, and without any conditions, if the defendant was personally served under MCR 2.105(A) and fails to appear, or
    
    b. Where both plaintiff and defendant are represented by counsel and a consent judgment or coordinated dismissal is filed with the court.
    
    c. Where plaintiff and defendant are represented by counsel, the parties may submit a conditional dismissal or consent judgment in lieu of appearing personally at a second hearing.
    
    
30. Consistent with Michigan Supreme Court Administrative Order No. 2020-8, a complainant who files a summary proceeding action before July 25, 2020, under MCR 4.201 for possession of premises for non-payment of rent, must also submit verification indicating whether the property is exempt from the moratorium provided for by the federal Coronavirus Aid, Relief and Economic Security Act (‘CARE Act”).  The verification shall be made on and with the filing of SCAO approved form https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/dc504.pdf
    (Revised 07/2020). The scheduling of new filings that do not fall under 2020-8 shall otherwise continue to be handled on a case-by-case basis.
     
31. All Orders of Eviction executed by this Court, at any time prior to March 20, 2020 shall be suspended, without the necessity of a Judge’s signature, as such no evictions shall proceed until after July 15, 2020 or until further order.  

WEDDINGS

32. All wedding ceremonies will be rescheduled to a later date.

For updated information please consult the Court’s website: www.16thdistrictcourt.com

Online payments for fines may be made on the Court’s website.   You may also contact the court at (734) 466-2500. The 16^th District Court will adjust this policy as the situation warrants based on advice from health officials and State Government. 

                                                              Sean P. Kavanagh, Chief District Judge

                                                                                                Kathleen J. McCann, District Judge