Michigan Supreme Court

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Michigan Supreme Court State Court Administrative Office Trial Court Services Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Jennifer Warner Director Bond Disbursement Charts Click on the statement below for the chart you would like. Prejudgment Failure to Appear (Cash Bond) Prejudgment Failure to Appear (Percent Bond) Defendant Found Guilty (Cash and Percent Bond) Defendant Found Not Guilty or Case Dismissed (Cash and Percent Bond) Postjudgment Failure to Pay Balance of Court-Ordered Financial Obligations (Cash Bond) Postjudgment Failure to Pay Balance of Court-Ordered Financial Obligations (Percent Bond) For issues not covered by these charts, see SCAO Administrative Memo 2017-01. Rev. 5/18

Prejudgment Failure to Appear Cash Bond Posted by Defendant Posted by Third Party Send bond forfeiture notice, MC 218 Send notice to surety of defendant’s failure to appear, MC 218a MCL 780.67(8) MCR 6.106(I)(2) MCL 765.28 Issue bench warrant, MC 229 Send bond forfeiture notice, MC 218 Enter forfeiture judgment after 28-30 days, MC 238 Issue bench warrant, MC 229 MCR 6.106(I)(2) MCL 780.67(8) MCL 765.15(1) MCR 6.106(I)(2) MCL 780.67(8) MCR 6.106(I)(2) MCR 6.106(I)(2) Enter forfeiture judgment after 28-30 days, MC 238 If felony, give treasurer/clerk copy of order and he will dispose of cash per order MCL 765.15(1) If misdemeanor/ traffic, apply cash to payment of cost of forfeiture proceeding and any remaining cash to forfeiture judgment and transfer to treasury MCL 780.67(8), (9) MCL 780.67(8) MCL 765.15(1) MCR 6.106(I)(2) If felony, give treasurer/clerk copy of order and he will dispose of cash per order MCL 765.15(1) If misdemeanor/ traffic, apply cash to payment of cost of forfeiture proceeding and any remaining cash to forfeiture judgment and transfer to treasury MCL 780.67(8), (9) Treasury refers to the county treasury for a circuit court case, to the treasuries of the governments contributing to the district control unit for a district court case, or to the treasury of the appropriate municipal government for a municipal court case. See MCR 6.106(I)(2)(c). It also refers to the treasury of the unit of government in which the court is located. See MCL 780.66(7); 780.67(9).

Prejudgment Failure to Appear Percent Bond Posted by Defendant Posted by Third Party Send bond forfeiture notice, MC 218 Send notice to surety of defendant’s failure to appear, MC 218a MCL 780.66(7) MCR 6.106(I)(2) Issue bench warrant, MC 229 MCL 765.28 MCR 6.106(I)(2) Send bond forfeiture notice, MC 218 Enter forfeiture judgment after 28-30 days, MC 238 Issue bench warrant, MC 229 MCL 780.66(7) MCL 765.15(1) MCR 6.106(I)(2) Court keeps and applies 10% of the deposit to payment of costs of the forfeiture proceeding and if any remains, to the balance of the forfeiture judgment MCL 780.66(7) MCR 6.106(I)(2)(c) If felony, give treasurer/clerk copy of order and he will dispose of remaining deposit per the order MCL 765.15(1) If misdemeanor/ traffic, apply remaining deposit, if any, to forfeiture judgment and transfer to treasury MCL 780.66(7) MCL 765.15(1) MCR 6.106(I)(2)(c) MCL 780.66(7) MCR 6.106(I)(2) MCR 6.106(I)(2) Enter forfeiture judgment after 28-30 days, MC 238 MCL 780.66(7) MCL 765.15(1) MCR 6.106(I)(2) Court keeps and applies 10% of the deposit to payment of costs of the forfeiture proceeding and if any remains, to the balance of the forfeiture judgment MCL 780.66(7) MCR 6.106(I)(2)(c) If felony, give treasurer/clerk copy of order and he will dispose of remaining deposit per the order MCL 765.15(1) If misdemeanor/ traffic, apply remaining deposit, if any to forfeiture judgment and transfer to treasury MCL 780.66(7) MCL 765.15(1) MCR 6.106(I)(2)(c) Treasury refers to the county treasury for a circuit court case, to the treasuries of the governments contributing to the district control unit for a district court case, or to the treasury of the appropriate municipal government for a municipal court case. See MCR 6.106(I)(2)(c). It also refers to the treasury of the unit of government in which the court is located. See MCL 780.66(7); 780.67(9).

Defendant Found Guilty Cash Bond Posted by Third Party Posted by Defendant After sentencing, apply cash deposit to court-ordered financial obligations MCL 780.67(6),(7) MCL 765.15(2) MCR 6.106(I)(3) After sentencing, return bond in full to depositor unless permission is given to apply to court-ordered financial obligations MCL 780.67(6),(7) MCL 765.15(2) MCR 6.106(I)(3) Return balance, if any Return balance, if any MCL 765.15(2) MCR 6.106(I)(3) MCL 765.15(2) MCR 6.106(I)(3) Defendant Found Guilty Percent Bond Posted by Defendant Posted by Third Party After sentencing, court retains 10% After sentencing, court retains 10% Apply remainder to court-ordered financial obligations Return balance to depositor unless permission is given to apply to court-ordered financial obligations MCL 780.66(6) MCR 6.106(I)(3) MCL 780.66(6), (8) MCL 765.15(2) MCR 6.106(I)(3) Return any balance MCL 780.66(6) MCL 765.15(2) MCR 6.106(I)(3) MCL 780.66(6) MCR 6.106(I)(3) MCL 780.66(6), (8) MCL 765.15(2) MCR 6.106(I)(3) Return any remaining balance (if depositor allowed monies to be applied) MCL 780.66(6) MCL 765.15(2) MCR 6.106(I)(3)

Defendant Found Not Guilty or Case Dismissed Cash Bond Posted by Defendant Posted by Third Party Return bond in full Return bond in full MCL 780.67(6) MCL 765.15(2) MCR 6.106(I)(1) MCL 780.67(6) MCL 765.15(2) MCR 6.106(I)(1) Defendant Found Not Guilty or Case Dismissed Percent Bond Posted by Defendant Posted by Third Party Return bond in full Return bond in full OR OR MCL 780.66(6) MCL 765.15(2) MCR 6.106(I)(1) Keep 10% and return 90% MCR 6.106(I)(1) Conflict exists between court rule and statute MCL 780.66(6) MCL 765.15(2) MCR 6.106(I)(1) Keep 10% and return 90% MCR 6.106(I)(1) Conflict exists between court rule and statute

Postjudgment Failure to Pay Balance of Court-Ordered Financial Obligations Posted by Defendant Cash Bond Posted by Third Party If defendant fails to pay, issue order to show cause, MC 230 If defendant fails to pay, issue order to show cause, MC 230 If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229 If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229 If defendant posts a cash bond on the bench warrant but does not appear in court, enter an order to apply bond to court-ordered financial obligations. If a third party posts a cash bond on the bench warrant and defendant does not appear in court, send notice to surety of defendant’s failure to appear, MC 218a MCR 3.606(C) MCR 3.606(C) MCL 780.66(8); MCL 780.67(7); MCL 765.15(2) If, after applying the bond to the court-ordered financial obligations, there is remaining bond money to forfeit, send bond forfeiture notice, MC 218 MCL 780.67(8); MCR 6.106(I)(2) MCR 3.606(C) MCR 3.606(C) MCL 765.28 Send bond forfeiture notice, MC 218 MCL 780.67(8); MCR 6.106(I)(2) Issue Bench warrant for defendant, MC 229 MCR 6.106(I)(2) Enter forfeiture judgment after 28-30 days, MC 238 MCL 780.67(8); MCL 765.15(1); MCR 6.106(I)(2) Enter forfeiture judgment after 28-30 days, MC 238 MCL 780.67(8); MCL 765.15(1); MCR 6.106(I)(2) If felony, give treasurer/clerk copy of order and he will dispose of remaining cash per order MCL 765.15(1) If misdemeanor/traffic, apply remaining cash to payment of cost of forfeiture proceeding and any additional remaining cash to forfeiture judgment and transfer to treasury MCL 780.67(8), (9) If felony, give treasurer/clerk copy of order and he will dispose of cash per order MCL 765.15(1) If misdemeanor/traffic, apply cash to payment of cost of forfeiture proceeding and any remaining cash to forfeiture judgment and transfer to treasury MCL 780 .67(8), (9) Treasury refers to the county treasury for a circuit court case, to the treasuries of the governments contributing to the district control unit for a district court case, or to the treasury of the appropriate municipal government for a municipal court case. See MCR 6.106(I)(2)(c). It also refers to the treasury of the unit of government in which the court is located. See MCL 780.66(7); 780.67(9).

Postjudgment Failure to Pay Balance of Court-Ordered Financial Obligations Percent Bond Posted by Defendant Posted by Third Party If defendant fails to pay, issue order to show cause, MC 230 If defendant fails to pay, issue order to show cause, MC 230 If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229 If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229 If defendant posts a percent bond on the bench warrant but does not appear in court, enter an order to apply bond to court-ordered financial obligations. Court keeps 10% of the deposit and applies remainder of deposit to the court-ordered financial obligations. If a third party posts a percent bond on the bench warrant and defendant does not appear in court, send notice to surety of defendant’s failure to appear, MC 218a MCR 3.606(C) MCR 3.606(C) MCL 780.66(7),(8); MCL 780.67(7); MCL 765.15(2); MCR 6.106(I)(1), (2)(c), (3). If, after applying the bond to the court ordered financial obligations, there is remaining bond money to forfeit, send bond forfeiture notice, MC 218 MCL 780.66(7); MCR 6.106(I)(2) Enter forfeiture judgment after 28-30 days, MC 238 MCL 780.66(7); MCL 765.15(1); MCR 6.106(I)(2) If felony, give treasurer/clerk copy of order and he will dispose of remaining deposit per the order MCL 765.15(1) If misdemeanor/ traffic, apply remaining deposit, if any, to forfeiture judgment and transfer to treasury MCL 780.66(7); MCL 765.15(1); MCR 6.106(I)(2)(c) MCR 3.606(C) MCR 3.606(C) MCL 765.28 Send bond forfeiture notice, MC 218 MCL 780.66(7) MCR 6.106(I)(2) Issue bench warrant for defendant, MC 229 MCR 6.106(I)(2) Enter forfeiture judgment after 28-30 days, MC 238 MCL 780.66(7); MCL 765.15(1); MCR 6.106(I)(2) Court keeps and applies 10% of the deposit to payment of costs of the forfeiture proceeding and if any remains, to the balance of the forfeiture judgment MCL 780.66(7); MCR 6.106(I)(2)(c) If felony, give treasurer/clerk copy of order and he will dispose of remaining deposit per the order MCL 765.15(1) If misdemeanor/ traffic, apply remaining deposit, if any, to forfeiture judgment and transfer to treasury MCL 780.66(7); MCL 765.15(1); MCR 6.106(I)(2)(c) Treasury refers to the county treasury for a circuit court case, to the treasuries of the governments contributing to the district control unit for a district court case, or to the treasury of the appropriate municipal government for a municipal court case. See MCR 6.106(I)(2)(c). It also refers to the treasury of the unit of government in which the court is located. See MCL 780.66(7); 780.67(9).

Treasury refers to the county treasury for a circuit court case, to the treasuries of the governments contributing to the district control unit for a district court case, or to the treasury of the appropriate municipal government for a municipal court case. See MCR 6.106(I)(2)(c). It also refers to the treasury of the unit of government in

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