Search Montmorency County Circuit Court

Montmorency County Circuit Court Overview

The 26th Judicial Circuit Court is the primary trial court for Montmorency County. It shares one bench with Alpena County. Together the two counties form the 26th Judicial Circuit. This is where the most serious cases are heard. Judges here handle felonies and large civil claims. They also decide divorce, custody, and child welfare matters.

Circuit Court jurisdiction is broad. The court hears cases that fall outside the limits of the district and probate courts. Its main duties include:

• Civil suits that seek more than $25,000
• Felony crimes and serious misdemeanors
• Domestic relations, including divorce and support
• Child protective proceedings and juvenile delinquency
• Appeals from District Court and local agencies

Because the circuit spans two counties, some work splits between offices. Montmorency case files stay with the county clerk in Atlanta. Court scheduling runs through the Alpena court office. A record seeker may need to call one county for the file and the other for a hearing date. The 26th Judicial Circuit Court page lists the shared jurisdiction, staff, and filing steps.

Courts Serving Montmorency County

Three trial courts serve Montmorency County residents. Each keeps its own records and answers a different phone line. The table below shows what each court handles and where to reach it.

All three courts operate from the courthouse complex in Atlanta, the county seat. The clerk of the 26th Circuit Court controls the circuit case files. District and probate courts keep separate registers under their own staff. A record request that lands at the wrong court gets routed back, so match the case type to the court before you call or write.

Circuit Court vs. District Court vs. Probate Court

Michigan trial courts are split by subject, not by geography. Money limits and case types divide the work. There is no county court or justice court in Michigan. The chart below shows how the three Montmorency County courts compare.

The lines rarely blur. A traffic ticket stays in District Court. A felony trial moves to Circuit Court. An estate opens in Probate Court. This split tells a record seeker which court to search first.

How a Montmorency County Case Moves Through the Courts

A case usually starts in the lowest court that fits the charge or claim. From there it can climb through the Michigan court system. The general path runs like this.

Appeal path: District Court › Circuit Court › Michigan Court of Appeals › Michigan Supreme Court

Criminal flow: A felony begins in District Court for arraignment and a preliminary exam. If a judge finds probable cause, the case is bound over to Circuit Court for trial and sentencing. A guilty verdict can be appealed to the Michigan Court of Appeals.

Civil flow: A large civil suit is filed straight in Circuit Court. The parties trade pleadings, complete discovery, and may try to settle. If the case goes to trial, the judgment can be appealed to the Court of Appeals, and then, by leave, to the Michigan Supreme Court.

Montmorency County Circuit Court Filing Addresses

Original filings for a Montmorency case go to the county clerk in Atlanta. The mailing route depends on the carrier. Judge's copies follow a separate path to Alpena.

Send papers by regular mail to the post office box. Use the M-32 street address for courier delivery. Judge's copies of documents are sent to the Alpena Circuit Court, not to Atlanta. When in doubt, call the clerk before you mail a time-sensitive filing.

Civil, Family, and Criminal Divisions

Circuit Court work splits into three broad divisions. The civil division hears money disputes over $25,000, contract claims, and property cases. The criminal division takes felony files after they move up from District Court. The family division covers divorce, custody, support, and juvenile matters.

All three divisions run through the same 26th Circuit bench. Montmorency and Alpena share the judges assigned to the circuit. The county clerk keeps the circuit files and the court seal used to certify orders and judgments.

Montmorency County Motion Days and Scheduling

Motion days let attorneys and self-represented parties argue requests before a judge. In Montmorency County, motion days for domestic, criminal, and civil matters are generally held twice a month on Mondays. Scheduling runs through the Alpena Circuit Court office at 989-354-9573.

Call ahead to confirm the next open date. The shared circuit means Montmorency and Alpena dates are set from one calendar. A hearing may be held in either county depending on the assignment.

Felony Cases After Bindover

Every adult felony in Montmorency County starts in District Court. The defendant is arraigned, told the charges, and given a preliminary exam. If the judge finds probable cause, the felony is bound over to the 26th Circuit Court.

Circuit Court then handles the trial, any plea, and the sentence. The case file opens in the circuit register once bindover is complete. A public Montmorency County Circuit Court case search on the state MiCOURT portal shows the register of actions, hearing dates, and parties for these files.

Family Division of the Circuit Court

The Family Division handles the county's domestic and juvenile caseload. Divorce, custody, parenting time, and paternity cases are filed here. The Friend of the Court helps set and enforce support and parenting orders. Child protective and delinquency cases also run through this division.

Public access to family files is limited. Many registers are open, but confidential financial, minor, and juvenile records may be sealed or redacted. Broader court records searches follow the same public and nonpublic rules under Michigan court policy.

Appeals to the Michigan Court of Appeals

A party who loses in Circuit Court may appeal to the Michigan Court of Appeals. That court reviews the record for legal error. A further appeal to the Michigan Supreme Court is by leave, which means the justices choose the cases they will hear.

District Court decisions take a different first step. They are appealed to the Circuit Court before any higher review. The circuit also hears appeals from certain local boards and state agencies.

The 88-2 District Court in Montmorency County

The 88-2 District Court is the court most Montmorency County residents meet first. Staff call it "the people's court" because the public has more contact with district court than any other court in Michigan. District Judge Lora E. Greene presides over the 88-2 bench.

The 88th District Court page lists the court's contact details, hours, staff, and jurisdiction. The same page notes that district court information is public unless a judge suppresses it or a statute makes it confidential.

This court handles traffic tickets, civil infractions, and misdemeanors punishable by up to one year in jail. It also takes felony arraignments and preliminary exams before those cases move up. Landlord-tenant disputes and land contract forfeiture run through the same court. Because Montmorency is rural, there is no separate municipal court, so nearly every local ticket and minor charge lands here first.

Small Claims and District Civil Cases

District Court civil cases cover money disputes up to $25,000. Small claims sit inside that division for simpler, low-dollar fights. Attorneys are not allowed in the small claims division.

The District Court civil division page explains general civil, small claims, and landlord-tenant rules. It confirms that a party who wants a lawyer or a jury can move the case to the general civil division.

Michigan sets the small claims ceiling by statute. Under MCL 600.8401, the small claims limit rose to $7,000 on January 1, 2024. The statute steps the threshold up over time, so the current cap governs any new filing. A small claims case may be heard by a judge or an attorney magistrate.

Montmorency County Probate Court

Montmorency County Probate Court sits apart from the circuit and district split. Judge Lora E. Greene also presides here. The court probates wills and oversees the administration of estates and trusts. It appoints guardians and conservators for adults and minors.

The court also handles developmentally disabled adult cases and mental health treatment orders. Estate files are often public, while mental health and some guardianship records are restricted. The Probate Court page links forms, payment options, and hearing help. Probate staff can be reached at 989-785-8067.

Montmorency County Court Holidays

Montmorency County courts close on state holidays and on Good Friday. The 26th Circuit calendar lists closures for New Year's Day, Martin Luther King Jr. Day, Presidents Day, Good Friday, Memorial Day, and Juneteenth. It also closes for Independence Day, Labor Day, Veterans Day, Thanksgiving, the Friday after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve.

Filing deadlines that land on a court holiday move to the next business day. Plan mailed filings around these dates to avoid a missed deadline.

Note: Good Friday is a Montmorency court holiday, so both the circuit and district counters close that day even though many state offices stay open.