600.8312 Venue.

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600.8312 Venue.

Sec. 8312.

(1)In a district of the first class, venue in criminal actions for violations of state law and all city, village, or township ordinances shall be in the county where the violation took place.

(2)In a district of the second class, venue in criminal actions for violations of state law and all city, village, or township ordinances shall be in the district where the violation took place.

(3)In a district of the third class, venue in criminal actions for violations of state law and all city, village, or township ordinances shall be in the political subdivision where the violation took place, except that when the violation is alleged to have taken place within a political subdivision where the court is not required to sit, the action may be tried in any political subdivision within the district where the court is required to sit.

(4)With regard to state criminal violations cognizable by the district court, the following special provisions shall apply:

(a)If an offense is committed on the boundary of 2 or more counties, districts, or political subdivisions or within 1 mile thereof, venue is proper in any of the counties, districts, or political subdivisions concerned.

(b)If an offense is committed in or upon any railroad train, automobile, aircraft, vessel, or other conveyance in transit, and it cannot readily be determined in which county, district, or political subdivision the offense was committed, venue is proper in any county, district, or political subdivision through or over which the conveyance passed in the course of its journey.

(5)Venue in civil actions, other than civil infraction actions, shall be governed by sections 1601 to 1659 except that for purposes of this subsection all references to "county" in sections 1601 to 1659 shall mean "district" with respect to districts of the second and third class.

(6)Venue in civil infraction actions shall be determined as follows:

(a)In a district of the first class, venue shall be in the county where the civil infraction occurred.

(b)In a district of the second class, venue shall be in the district where the civil infraction occurred.

(c)In a district of the third class, venue shall be in the political subdivision where the civil infraction occurred, except that when the violation is alleged to have taken place within a political subdivision where the court is not required to sit, the action may be heard or an admission entered in any political subdivision within the district where the court is required to sit.

(7)For purposes of venue, a city which is located in more than 1 county and which is placed in 1 district of the first class by chapter 81, shall be considered a part of that county which contains the greater portion of its population.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1969, Act 333, Imd. Eff. Nov. 4, 1969 ;-- Am. 1974, Act 319, Imd. Eff. Dec. 15, 1974 ;-- Am. 1978, Act 511, Eff. Aug. 1, 1979