Rule 3.939.Case Transferred From District Court Pursuant to Subchapter 6.900
Subchapter 3.900 — Proceedings Involving Juveniles · Last verified September 5, 2026
Full Text of Rule 3.939
Plain-English Summary
MCR 3.939 covers a case that arrives in the family division sideways. Instead of starting with a petition in the juvenile court, the matter began in district court and was transferred under MCL 766.14. This rule keeps the case from stalling on the question of what procedural track it now sits on.
Treating a transferred case as a family division case
Subrule (A) supplies the general answer. Except as provided in subrule (B), the court hears and disposes of a transferred case in the same manner as if the case had been commenced in the family division of circuit court. That means the delinquency rules govern from the transfer forward, rather than the district court procedure the case came from. The rule then adds one paperwork requirement: a petition that has been approved by the prosecuting attorney must be submitted to the court. The petition is the instrument the family division works from, so the transferred case has to be reduced to one.
Borrowing the magistrate's probable cause finding
Subrule (B) is the exception the general rule points to. It permits the court to use the probable cause finding of the magistrate made at the preliminary examination to satisfy the probable cause requirement that would otherwise apply. The subrule assumes only what it names: a magistrate who made a probable cause finding at a preliminary examination. Where such a finding exists, the family division does not have to take probable cause up again.
The permission is discretionary. The rule says the court may use the magistrate's finding, not that it must, so the family division retains the ability to take up probable cause itself. Where the court does rely on the earlier finding, the practical effect is that the transferred case moves directly into the family division's own sequence of hearings without a second probable cause contest over the same allegations.
Why the rule matters
A transferred case carries two histories: the record made in district court and the proceedings that follow in the family division. MCR 3.939 draws the line between them. Everything after the transfer runs on family division rules, with the single carryover being the magistrate's probable cause determination.
Frequently Asked Questions
What rules apply after a case is transferred from district court under MCL 766.14?
Subrule (A) directs the court to hear and dispose of the transferred case in the same manner as if the case had been commenced in the family division of circuit court, except as provided in subrule (B).
Does a transferred case still need a petition?
Yes. Subrule (A) requires that a petition approved by the prosecuting attorney be submitted to the court. Approval by the prosecuting attorney is part of the requirement, not an optional step.
Can the family division rely on the magistrate's probable cause finding?
Subrule (B) allows it. The court may use the probable cause finding of the magistrate made at the preliminary examination to satisfy the probable cause requirement that would otherwise have to be met in the family division.
Is the court required to accept the magistrate's finding?
No. Subrule (B) is permissive. It says the court may use the magistrate's probable cause finding, which leaves the family division free to address probable cause on its own instead.
Which cases does MCR 3.939 apply to?
The rule reaches a case transferred to the family division from district court under MCL 766.14. It does not create the transfer or set the grounds for it; it says how the family division handles a case that arrives that way.