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Section 600.8823 - Failure of defendant to appear at scheduled appearance, informal hearing, or formal hearing; failure of officer to appear at informal hearing; failure of prosecutor to appear at for

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.8823 Failure of defendant to appear at scheduled appearance, informal hearing, or formal hearing; failure of officer to appear at informal hearing; failure of prosecutor to appear at formal hearing.

Sec. 8823.

(1) If the defendant fails to appear as directed by the citation or other notice, at a scheduled appearance under section 8815(3)(b) or (4), at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against the defendant.

(2) Unless the court has granted an adjournment for good cause shown, the court shall enter a judgment for the defendant if the law enforcement officer who issued the citation for a state civil infraction fails to appear at a scheduled informal hearing or if the prosecuting attorney fails to appear or is unable to proceed at a scheduled formal hearing, but the defendant is not entitled to costs of the action.


History: Add. 1995, Act 54, Eff. Jan. 1, 1996

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