How to Fill Out Form MC 263

Form MC 263 at a glance

What it is: MC 263 is the State of Michigan Motion/Order of Nolle Prosequi.

Who signs: The prosecuting official signs on the Prosecuting official line, with the Date and the Bar no. The judge or magistrate signs and dates on the Judge/Magistrate signature and date line.

A filled-in Form MC 263 example: a prosecutor dismisses a case

Form MC 263 example filled out, example: a prosecutor dismisses a case
A prosecutor dismisses one case with Form MC 263. The court grants item 1 and orders item 7, so items 2 and 3 stay empty. The picture shows page 1, and every value in it is made up. Nobody is confined and no bond was posted, so items 4, 5 and 6 stay empty. The State of Michigan is the party, so THE PEOPLE OF stays empty.

How to fill out Form MC 263, box by box

Court, case number and police report

Form MC 263 example filled out, court, case number and police report

Fill in the JUDICIAL DISTRICT, JUDICIAL CIRCUIT and COUNTY, the ORI MI-, the Court address, the Court telephone no., the CASE NO. and JUDGE, and the Police Report no.

The State of Michigan v Defendant

Form MC 263 example filled out, the State of Michigan v Defendant

After THE PEOPLE OF, enter The State of Michigan v the Defendant's name, address, and telephone no., then the CTN/TCN, SID and DOB.

Count, crime and charge code(s)

Form MC 263 example filled out, count, crime and charge code(s)

In the matter of, enter each Count, CRIME and CHARGE CODE(S) with its MCL citation/PACC Code.

Motion

Form MC 263 example filled out, motion

Under MOTION, type or print the Name of the prosecuting official, who moves for a nolle prosequi in this case for the following reason(s).

The prosecuting official signs on the Prosecuting official line, with the Date and the Bar no.

IT IS ORDERED

Form MC 263 example filled out, iT IS ORDERED

1. Motion for nolle prosequi is granted and the case is dismissed without prejudice.

2. Motion for nolle prosequi is granted as to the following charge(s), which are dismissed without prejudice.

If item 1 or 2 is checked, the clerk of the court shall provide a copy of this order to the Michigan State Police.

3. Motion for nolle prosequi is denied. 4. Defendant/Juvenile shall be immediately discharged from confinement in this case. 5. Bond is canceled and shall be returned after costs are deducted. 6. Bond is continued on the remaining charge(s). 7. The Michigan State Police and arresting agency shall destroy the arrest record, biometric data, and, as applicable, DNA profile for the dismissed charge(s). The Michigan State Police shall also remove any LEIN entry concerning any dismissed charge(s).

Judge/Magistrate signature and date

Form MC 263 example filled out, judge/Magistrate signature and date

The judge or magistrate signs and dates on the Judge/Magistrate signature and date line.

More rules for Form MC 263

Distribute form to: Court, Prosecutor, Defendant/Juvenile, Police agency, Arresting agency.

Sources

[1] Form MC 263 (Rev. 6/19), Motion/Order of Nolle Prosequi, State Court Administrative Office, Michigan (the Official source link on this page).

Form MC 263 PDF Details

If item 1 or 2 is checked, the clerk of the court shall provide a copy of this order to the Michigan State Police.

Item 1, if checked: motion for nolle prosequi is granted and the case is dismissed without prejudice.

Item 2, if checked: motion for nolle prosequi is granted as to the following charge(s), which are dismissed without prejudice.

Item 3, if checked: motion for nolle prosequi is denied.

Item 4, if checked: Defendant/Juvenile shall be immediately discharged from confinement in this case.

Distribution: distribute form to court, prosecutor, defendant/juvenile, police agency and arresting agency.

QuestionAnswer
Form NameForm MC 263
Form Length1 page
Fillable?Yes
Fillable fields42
Avg. time to fill out7 min
Edition6/19
Who signsThe prosecuting official and the judge or magistrate
Distribute toCourt, prosecutor, defendant/juvenile, police agency and arresting agency
Other namesMC 263, MC263, Form 263, Michigan MC 263, Motion/Order of Nolle Prosequi
Official sourceForm MC 263 (Rev 6/19), State Court Administrative Office