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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 Rev. 5/18 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.
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Michigan Supreme Court...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 any

Oct 13, 2020

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Page 1: Michigan Supreme Court...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 any

Michigan Supreme Court State Court Administrative Office

Trial Court Services Michigan Hall of Justice

P.O. Box 30048 Lansing, Michigan 48909

Jennifer Warner Director

Rev. 5/18

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.

Page 2: Michigan Supreme Court...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 any

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

Cash Bond

Send bond forfeiture notice, MC 218

MCL 780.67(8) MCR 6.106(I)(2)

Posted by Defendant

Posted by Third Party

Issue bench warrant, 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)

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)

Send bond forfeiture notice, MC 218 MCL 780.67(8)

MCR 6.106(I)(2)

Issue bench warrant, 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)

Send notice to surety of defendant’s failure to appear, MC 218a

MCL 765.28

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)

Page 3: Michigan Supreme Court...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 any

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 Send bond forfeiture notice, MC 218

MCL 780.66(7) MCR 6.106(I)(2)

Issue bench warrant, 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 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)

Send notice to surety of defendant’s failure to appear, MC 218a

MCL 765.28

Send bond forfeiture notice, MC 218 MCL 780.66(7)

MCR 6.106(I)(2)

Issue bench warrant, 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)

If felony, give treasurer/clerk

copy of order and he will dispose of

remaining deposit per the

order MCL 765.15(1)

If felony, give treasurer/clerk copy of order and he will dispose of remaining

deposit per the order

MCL 765.15(1)

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)

Posted by Defendant

Posted by Third Party

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)

Page 4: Michigan Supreme Court...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 any

Defendant Found Guilty Cash Bond

Defendant Found Guilty Percent Bond

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)

Posted by Third Party

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)

Posted by Defendant

After sentencing, court retains 10% MCL 780.66(6)

MCR 6.106(I)(3)

Posted by Third Party

Return balance to depositor unless permission is given to apply to

court-ordered financial obligations MCL 780.66(6), (8)

MCL 765.15(2) MCR 6.106(I)(3)

Return balance, if any MCL 765.15(2)

MCR 6.106(I)(3)

Return balance, if any MCL 765.15(2)

MCR 6.106(I)(3)

Apply remainder to court-ordered financial obligations

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)

After sentencing, court retains 10% MCL 780.66(6)

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)

Page 5: Michigan Supreme Court...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 any

Defendant Found Not Guilty or Case Dismissed Cash Bond

Defendant Found Not Guilty or Case Dismissed Percent Bond

Return bond in full MCL 780.67(6) MCL 765.15(2)

MCR 6.106(I)(1)

Return bond in full MCL 780.67(6) MCL 765.15(2)

MCR 6.106(I)(1)

Posted by Defendant

Return bond in full MCL 780.66(6) MCL 765.15(2)

MCR 6.106(I)(1)

OR Keep 10% and return 90%

MCR 6.106(I)(1) Conflict exists between court rule and statute

Posted by Third Party

Posted by Defendant

Return bond in full MCL 780.66(6) MCL 765.15(2)

MCR 6.106(I)(1)

OR Keep 10% and return 90%

MCR 6.106(I)(1) Conflict exists between court rule and statute

Posted by Third Party

Page 6: Michigan Supreme Court...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 any

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

Cash Bond

If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229

MCR 3.606(C)

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 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

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)

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)

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.

MCL 780.66(8); MCL 780.67(7); MCL 765.15(2)

Posted by Defendant

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)

Posted by Third Party

If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229

MCR 3.606(C)

If defendant fails to pay, issue order to show cause, MC 230

MCR 3.606(C)

If defendant fails to pay, issue order to show cause, MC 230

MCR 3.606(C)

Page 7: Michigan Supreme Court...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 any

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

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)

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

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)

If felony, give treasurer/clerk copy of order and he will dispose of remaining deposit per the order

MCL 765.15(1)

If felony, give treasurer/clerk copy of order and he will dispose of remaining deposit per the order

MCL 765.15(1)

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 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)

If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229

MCR 3.606(C)

If defendant fails to pay, issue order to show cause, MC 230

MCR 3.606(C)

If defendant fails to appear at show cause, issue bench warrant for failing to appear, MC 229

MCR 3.606(C)

Enter forfeiture judgment after 28-30 days, MC 238

MCL 780.66(7); MCL 765.15(1); MCR 6.106(I)(2)

Posted by Defendant

Posted by Third Party

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.

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)

If defendant fails to pay, issue order to show cause, MC 230

MCR 3.606(C)