Rule 3.922.Pretrial Procedures in Delinquency and Child Protection Proceedings
Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026
Full Text of Rule 3.922
Plain-English Summary
MCR 3.922 is the pretrial engine for delinquency and child protective proceedings. Its defining feature is automatic disclosure: a long list of material changes hands no less than 21 days before trial, with no request and no order.
Discovery of right
Subrule (A)(1) makes eleven categories discoverable as of right in all proceedings. They include statements and notes of statements by the juvenile or respondent, written or recorded statements by any person with knowledge of the events, police reports, allegations of neglect or abuse on a complaint to Child Protective Services and the resulting investigation reports, the names of prospective witnesses, lists of exhibits and of physical or tangible objects, the results and reports of scientific, medical, psychiatric, psychological, or other expert work, lineup and showup results, search warrants with their applications, affidavits, and returns, witness statements, an expert's curriculum vitae with a report or written description of the proposed testimony and its bases, and any criminal record a party may use to impeach a witness. The identity of a person who reported neglect or abuse is protected in accordance with MCL 722.625.
Subrule (A)(2) lets the court permit discovery of other materials on motion, including material that would have been discoverable of right had it been requested on time. Absent manifest injustice, a discovery motion is granted only where the moving party asked for the material and did not get it. Subrule (A)(3) permits depositions only as authorized, and subrule (A)(4) makes noncompliance sanctionable under MCR 2.313.
Delinquency additions
Subrule (B)(1) layers four more categories onto the delinquency case, again due 21 days before trial without a request: known criminal convictions of any witness a party may call, exculpatory information known to the prosecuting attorney, statements by a defendant, codefendant, or accomplice pertaining to the case even if that person will not testify, and any plea agreement, immunity grant, or other agreement for testimony.
Subrule (B)(2) carves out material protected by constitution, statute, or privilege. Subrule (B)(3) opens a door back: on a respondent's good-faith belief, grounded in articulable fact, that there is a reasonable probability that privileged records are likely to contain material information necessary to the defense, the court conducts an in camera inspection. If an absolute privilege holder refuses to waive, the court suppresses or strikes that holder's testimony. The court makes findings sufficient for meaningful appellate review, seals and preserves the records for appeal, and confines disclosed records to counsel for the limited purpose it approves. Subrule (B)(3)(f) requires a party who excises part of a document to say so.
Subrule (B)(4) reaches beyond trial. At delinquency dispositions, reviews, designation hearings, hearings on alleged violation of court orders or probation, and detention hearings, screening and assessment results, reports and police reports to be considered by the court, and predisposition reports with their supporting documentation must go to the respondent, defense counsel, and the prosecuting attorney no less than 7 days before the hearing.
Defenses, motions, and notice of intent
- Alibi or insanity: written notice with defense witness names and addresses within 21 days after notice of the trial date, and no later than 7 days before trial. Rebuttal notice follows within 7 days after receipt and no later than 2 days before trial.
- Notice of intent under subrule (F): the same 21-day and 7-day window for a support person, special courtroom arrangements, a videotaped deposition, or hearsay under MCR 3.972(C)(2), with the nonproponent's answer on the 7-day and 2-day schedule. The court may shorten these periods for good cause.
- Motion practice runs under MCR 2.119, and a pretrial conference under MCR 2.401 except where this subchapter says otherwise.
Frequently Asked Questions
What must be turned over without a discovery request in a Michigan juvenile case?
Subrule (A)(1) makes a list of material discoverable as of right in all proceedings and requires production no less than 21 days before trial even without a request. The list runs from statements by the juvenile or respondent and by other witnesses, through police reports and Child Protective Services investigation reports, witness and exhibit lists, expert reports and curricula vitae, lineup results, and search warrant materials, to any criminal record a party may use for impeachment.
In a delinquency matter, subrule (B)(1) adds witness convictions known to counsel, exculpatory information known to the prosecuting attorney, statements by a defendant, codefendant, or accomplice, and any plea or immunity agreement for testimony, on the same 21-day schedule.
How does a respondent reach privileged records in a delinquency matter?
Subrule (B)(3) requires a showing: a good-faith belief, grounded in articulable fact, that there is a reasonable probability the privileged records are likely to contain material information necessary to the defense. On that showing the court conducts an in camera inspection.
If the court is satisfied the records hold evidence necessary to the defense, it directs that the necessary evidence be made available to the respondent's counsel. Where the privilege is absolute and its holder refuses to waive, the court suppresses or strikes the holder's testimony. The court makes findings sufficient for meaningful appellate review and seals and preserves the records for appeal.
When is notice of an alibi or insanity defense due in a juvenile case?
Under subrule (C)(1), the juvenile or the juvenile's attorney files written notice with the court and the prosecuting attorney within 21 days after the juvenile has been given notice of the trial date, but no later than 7 days before that date, and the notice lists defense witness names and addresses.
The prosecutor then has 7 days after receipt, and no later than 2 days before trial, to give written notice of intent to offer rebuttal, with the names and addresses of rebuttal witnesses. Noncompliance may draw the sanctions set forth in MCL 768.21.
What has to be provided before a delinquency disposition or detention hearing?
Subrule (B)(4) requires disclosure no less than 7 days before the hearing to the respondent, the respondent's counsel, and the prosecuting attorney. It covers detention screening results, risk and needs assessment results, other assessments and evaluations the court will consider, reports and documents including police reports, witness statements, and reports by probation, intake, or placement and detention staff, and predisposition reports with the documentation behind their recommendations.
The same schedule applies at delinquency dispositions, reviews, designation hearings, hearings on alleged violation of court orders or probation, and detention hearings.
What is a notice of intent under subrule (F)?
It is advance written notice that the proponent plans to use a support person, ask for a closed courtroom or another special arrangement restricting the respondent's view from the witness, use a videotaped deposition as permitted by law, or offer out-of-court hearsay statements under MCR 3.972(C)(2). The notice carries details, such as the support person's identity and relationship to the witness, or the persons to whom a statement was made and the statement itself.
It is filed and served within 21 days after notice of the trial date and no later than 7 days before trial. Nonproponent parties answer within 7 days after receipt and no later than 2 days before trial, naming their witnesses. The court may shorten these periods for good cause.
What happens if a party ignores the juvenile discovery rules?
Subrules (A)(4) and (B)(5) both point to sanctions in keeping with those assessable under MCR 2.313. Subrule (A)(4) covers the discovery of right and the material a court orders on motion; subrule (B)(5) covers the delinquency additions and the pre-hearing disclosures.