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Circuit Court

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1. What are the various Circuit Court fees?

These are the fees:

• Open a file - $175 No additional fee to file any motion or petition on the same day as opening the file.
• Motion and Petitions - $20 (one or more may be filed on the same day in the same case for one $20 fee).  Family post judgment fees are $60 or $100 depending on the relief requested.
• Garnishment - $15 (each writ)
• Request & Order to Seize Property - $15
• Subpoena ( judgment debtor ) - $15
• Jury Demand - $85
• Copies - $1 per page
• Certified copies - $10 for certification and $1 for each copied page
• Exemplified copies - $10 for exemplification and $1 for each copied page
• To file an Appeal to the Circuit Court is $150 and to the Court of Appeals is $25

2. How do I get a restricted driver's license?

A restricted drivers license can be obtained through the Circuit Court. There is $175 filing fee.

3. How do I transfer a vehicle title (repeat offender law)?

Before you file your ex-parte petition with the court petitioner / transferee will need:

1. Detailed sufficient reasons for the transfer including place of employment if transferee is employed.
2. Are there any other cars in the family?
3. Copy of title showing any liens and indicate the name on the title.
4. If there is a lien on the title you must have written approval from lien holder allowing the transfer.
5. Copy of both petitioners / transferees driving records. (From the Secretary of State Office).
6. There is a $175 filing fee.

4. How to get a civil or criminal record check and how much is it?

You must fill out the required form and pay a $10 (effective 1/2/02) fee, upon request. If mailed please include self addressed, stamped envelope.

5. How do I get a contractor's lien?

You start a contractor's lien at the Register of Deeds office.

6. Are there forms that I could use for Circuit Court lawsuits, family and civil cases?

Certain forms are pre-printed. For example, summons, garnishments, some judgments, answer forms, and certain motions. Attorneys draft most of the documents that are filed in Circuit Court. You may call the Self Help Legal Resource Center at 269-983-7111, Ext. 8793 or go to the Michigan Courts website. 

7. If filing in proper person, how do I get started opening a new case?

Please refer to the Michigan Rules of Court publisher - West Group. It is recommended to seek an attorney. We can not give out legal advice.

8. How do I file an appeal regarding a MESC (unemployment) decision?

An appeal regarding the MESC is filed in the Circuit Court. There are no fees required. You may open it with a complaint and summons through an attorney. If in proper person proceed according to Michigan Court Rules. We cannot give you legal advice. We are not attorneys.

9. What years are stored at the courthouse?

Circuit Court Civil files stored at the Courthouse are the current year's files plus the two previous years. Circuit Court files stored at the warehouse start at 1835 (warehouse not open to public).

10. Do I need an Attorney?

You are not required to have an attorney, however due to the complexity of the Circuit Court, it is best to get an attorney. It is always recommended to seek advice from an attorney. We do not give out legal advice.

11. Where can I get a copy of my Judgment of Divorce and what is the cost?

You can obtain a copy from the Family Division of the County Clerk's office. The cost is $1 per page. If you need a certified copy, the cost is $10, plus $1 per page.

12. What constitutes a Circuit Court case?

Criminal: all criminal cases start in District Court. If a criminal case is determined to be a felony, it is then bound over into Circuit Court.

Civil: District Court civil cases are damages under $25,000. Circuit Court civil cases are damages over $25,000.

Family: a domestic case is actually considered a civil matter, however due to the domestic / family issues these cases are filed in the Family Division. All Family Division cases are at Circuit level which include:

• Custody
• Divorce
• Juvenile cases
• Paternity
• Personal protection orders
• Support

13. How much does it cost to get a Personal Protection Order?

There is no charge.

14. When will I know if my Personal Protection Order has been approved?

The County Clerk's Office makes every effort to process PPO petitions within 48 hours. If your case is approved, the PPO Clerk will notify you by phone. If your case is denied, you will be notified by mail as to the Court's decision.

15. If my Personal Protection Order is approved, how will I have it served?

The packet including the petition also includes a sheet with complete instructions regarding the service of your PPO.

16. What happens if the Personal Protection Order is violated?

Contact the police immediately to report the violation.  

The respondent must come appear in Court if arrested. If the person is not arrested for the violation, you may come in to either of the County Clerk's office locations referenced above and ask for a "Motion to Show Cause" form. If approved, the court will hold a hearing with regards to the violation.

The Court may jail the respondent if found guilty of violating the terms of the PPO. The sentence may be up to 93 days in jail and/or a fine of up to $500.

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Civil Court

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1. How do I file a Small Claim?

First read the The Small Claims Booklet, complete the form according to the instructions attached to the form, and then file the claim with court.

2. How do I stop a garnishment against my wages?

Complete the form "Motion for Installment Payments". There is a 14-day waiting period after the motion is mailed. If there are no objections, the order is entered on the 15th day and the garnishment is suspended. If there is an objection filed, you may have to come to court for a hearing on your motion.

3. An officer just served a Summons and Complaint on me. What do I do?

Read #2 on the front of the Summons. An "Answer" to the Summons and Complaint must be filed with the Civil Division of the Court within 21 days of the date you were served. You must also serve a copy of your Answer on the opposing party / attorney.

4. How do I transfer a vehicle title when the title holder has been convicted under the Repeat Offender Law?

Before you file an Ex Parte Petition with the Court, Petitioner and Transferee will need to:

1. Complete #4 on the Petition form with sufficiently detailed reasons for the request to transfer title, including place of employment if transferee is employed, and disclosure of any other vehicles in the family.
2. Provide a copy of the title showing any liens with the name of the lienholder on the title.
3. If there is a lien on the title you must have written approval from the lienholder allowing the transfer.
4. Provide a copy of both petitioner's and transferee's driving record obtained from the Secretary of State Office.

After your Ex Parte Order is entered the Transferee will need to give the Secretary of States Office a certified copy of this order.

• FORM A: Ex Parte Petition and Order (one vehicle) (PDF)
• FORM B: Ex Parte Petition and Order (two vehicles) (PDF)

5. What is the difference between a certificate of mailing and certified mail?

A certificate of mailing is a receipt that provides proof of the date your mail was given to the post office for mailing.

Certified mail requires a signature from the tenant / recipient. If the tenant does not sign for the certified mail, the Court may not consider the tenant properly served.

6. I have received a summons and complaint. What can I do?

You can file an answer. If you were served personally, you have 21 days to file an answer. If you were served by mail or outside the State of Michigan, you have 28 days to file an answer.

7. What happens if I do not file an answer to a summons and complaint?

If you do not file an answer, the plaintiff can file a Default Judgment against you. A Default Judgment is a judgment in favor of one party based on the other party’s failure to take action. For example, the plaintiff may request a default against a defendant because the defendant does not respond to a summons or because the defendant failed to appear.

8. I have a Judgment against me. How much do I owe?

The Court does not keep account of money owed from Civil Judgments. Please contact the Plaintiff / Plaintiff’s attorney for the amount owed. Payments are made to the Plaintiff / Plaintiff’s attorney.

9. How can I stop a garnishment?

If filed timely, you may file an Objection to a Garnishment.

Generally, a defendant has 14 days from the date the Writ of Garnishment was mailed to him/her to file an objection. If you have questions regarding the timeliness of the filing, you may contact the Court at 269-982-8683 (Saint Joseph) or 269-684-5274 (Niles).

You may also file a Motion for Installment Payments.

Please bring income information and a list of monthly expenses for the Court to consider when filing a Motion for Installment Payments. After filing a Motion for Installment Payments, a copy of the motion is sent to the plaintiff or their attorney. The plaintiff has 14 days to object to the entry of an Order for Installment Payments. If the plaintiff objects, there will be a hearing in front of the Judge. If you are being garnished, the garnishment does not stop until a Judge signs an order to stop it. If the Judge signs an Order for Installment Payments, you are then responsible to make your payment to the plaintiff or their attorney.

10. I paid my Judgment, why is it still on my credit report?

If you have a signed Satisfaction of Judgment, send a copy to all three of the credit bureaus. If you do not have a signed Satisfaction of Judgment, contact the plaintiff or plaintiff’s attorney for entry of a Satisfaction of Judgment.

11. How do I evict someone?

Eviction is a three step process. Visit our eviction page for more information.

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Community Development

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1. I want to start my own small business. Where do I begin?

Contact the following to start your own small business:

• Call Cornerstone Small Business Center at 269-925-6100.
• Contact the Michigan Small Business and Technology Development Center located at the Western Michigan University Southwest Campus in Benton Harbor (LMC Campus) at 269-934-1524 or 269-934-1526.
• Contact the Michigan Small Business and Technology Development Center located at the Southwestern Michigan College M-TEC Campus in Niles at 269-687-5640.

2. Why would I want to locate my business in Southwest Michigan?

View the Ten Reasons to do Business in Michigan's Great Southwest Brochure (PDF).

• Brownfield Redevelopment
• Business Support
• Community Development Block Grants
• Industrial Development Revenue Bonds
• Job Training Grants
• Regulatory and Licensing Assistance
• Renaissance Zones
• Revolving Loan Fund
• Tax Abatements
• Workforce Development

3. Is Michigan a Right-to-Work State?

No, Michigan is a work-at-will state.

4. Does Berrien County have a lot of Union shops?

No, while Berrien County does have some Unions, the vast majority of businesses do not have Unions. In fact, only 12% of all Michigan businesses are Union, with many of those companies located on the East side of the state.

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Concealed Weapons

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1. Where can I apply for a Concealed Pistol License?

You can apply for a CPL permit at:
Berrien County Clerk’s Office
701 Main Street
St. Joseph, MI 49085

Or, at:
Niles South County Building
1205 N. Front Street
Niles, MI 49120

The CPL applications can be obtained at both locations and online.

2. How old do you need to be to apply for a CPL permit?

Currently, an applicant must be 21 years of age to apply.

3. What do I need for identification?

You will need a current Michigan Driver’s License or State I.D. with a Berrien County address.

4. How long does it take to get a Concealed Pistol License?

If you are a first time applicant, it can take up to 45 days for the permit to be approved and mailed to you. If it is a renewal, it can take up to 30 days for the permit to be approved and mailed to you.

5. Is a training certificate required?

Yes, it is if you are a first time applicant and the training must be done through an approved Michigan NRA training course.

6. How much does a CPL cost?

The fee is $100 for a first time applicant and $115 for a renewal. All fees are non-refundable.

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Crime Victims

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1. What is the Crime Victim Rights Act?

The William Van Regenmorter Crime Victim’s Rights Act. P.A. 87 of 1985, as amended, provides certain rights to victims of crime.  Crime victims, as defined by law, shall have the right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process and the right to information about the conviction, sentence, imprisonment, and release of the accused.  The victim also has the right to restitution.

2. Who is a victim? Co-victim?

An individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime is considered a "victim."  Spouses, children, parents, siblings, grandparents or guardians may also qualify as a victim if the victim is deceased or is physically unable to exercise their privileges and rights as a victim.

Individuals who do not qualify under the definition or a "victim," may receive some notifications.  You may also submit correspondence to the parole board for their review prior to the parole consideration process to express your concerns.

3. How do I request to be notified?

You may request notification by completing a MDOC Crime Victim Notification Request form available from the Prosecuting Attorney, contacting CVS, or the MDOC victim services website link.

4. What services do you provide?

Crime Victim Services is proud to offer the following services:

• Written notification
• Telephone notification through the Michigan Crime Victim Notification Network (MCVNN)
• Safety planning
• Information and referral on Personal Protection Orders (PPOs)

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Criminal Court

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1. How do I contact my court-appointed attorney?

To contact your court-appointed attorney, contact the Public Defender’s office at 269-982-8698.

2. Is there a warrant for my arrest?

If a police agency contacts you and advises you that a warrant has been issued for your arrest, you must appear in court for arraignment. The police agency will advise you when to appear for arraignment either in St. Joseph at the courthouse or in Niles at the South County Building. However, you may be arrested on the warrant at any time prior to arraignment.

If, in the past, you were given or received a notice to appear in court for a hearing on a specific date and time for a misdemeanor criminal offense, a misdemeanor traffic offense, or a felony criminal offense and you didn't appear, a warrant would have been issued for your arrest. You must appear for arraignment either in St. Joseph at the courthouse or in Niles at the South County Building. Call the court at 269- 982-8682 in St. Joseph or 269-684-5274 in Niles. You may be arrested on the warrant at any time prior to arraignment.

3. What do I do if I do not have the money to make payments or complete a program as I agreed when the Judge sentenced me?

You must come to the court and tell the Judge before your next payment is due or before the time you were ordered to complete a program. You must check in at the arraignment counter so your file can be obtained and sent into the courtroom for the Judge. If you fail to come to the court voluntarily to tell the Judge, a bench warrant will be issued for your arrest for failure to pay and/or failure to complete a program(s).

4. What do I do if I cannot appear in court on the day my appearance ticket or interim bond receipt states I must be at the court?

You must appear on or before the date you were told to appear or given a written notification to appear. If you have questions, or an emergency arises, you may call the court to explain your emergency. If you do not appear a warrant will be issued for your arrest.

5. I posted bond for my friend / relative to get out of jail and I received a notice in the mail to appear in court. Do I have to be in court on that day?

The notice is to inform you of the defendant's (your friend or relative) next court date. If the defendant does not appear, the bond money that you posted will be forfeited. The notice makes you aware of the court date so you can make sure that the defendant appears for his/her hearing at the court.

6. My friend / relative was driving my car and (s)he was arrested for drunk driving. The Judge has ordered that my car be immobilized. Why did he immobilize my car and how do I get it back?

Changes were made to Michigan's drunk driving laws in 1999 (commonly called "Repeat Offender Legislation") that require the Judge to immobilize the vehicle involved in certain drunk driving offenses, regardless of who owns the vehicle.

You may call the court for information on how to file a motion and schedule an "innocent owner" hearing. The court will set a date and time for you to come to court and explain to the Judge why your vehicle should not be immobilized.

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DBA / Co-Partnership

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1. What do I do if I want to start a new business?

You can start a new business in 3 easy steps:

• Check the business name. 
• Check with the State. 
• Complete and file the DBA / Co-Partnership form. 

Get the full details by visiting our New Business page.

2. How much does it cost to file a DBA or Co-Partnership?

There is a $10 filing fee at the time filing.

3. How long is a DBA / Co-Partnership registration valid?

Registration is good for 5 years (less one day) and is renewable 30 days prior to expiration. 

4. Can I change the owner’s name or add another person on to my DBA or Co-Partnership?

In order to change ownership of your DBA or Co-Partnership, you must  first dissolve your existing certificate by filing a Certificate of  Discontinuance. Then, a new DBA or Co-Partnership can be registered with  the desired owners’ names. The Discontinuance fee is $10.

5. Can I change my business name?

We are not able to make changes to a registered business name. However,  you may dissolve your current name and file a new DBA or Co-Partnership with your desired business name for a $20 fee.

6. Can I change the address and phone number on my DBA or Co-Partnership?

Yes. Simply fill out the Change of Address Amendment Form (PDF) and file it along with a $5 fee, in our office.  Notarization of the Amendment Form is necessary.  If all owners appear in person at the County Clerk’s office with a current valid driver’s license or state-issued ID, we can provide notarization.

7. Can I file an LLC, Corporation, or Non-Profit Organization with your office?

No. When registering a Corporation, Limited Partnership, LLC or Non-Profit Organization, contact the State of Michigan Corporation Bureau in Lansing at 517-241-6470 for more information.

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Drain Commission

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1. What is a Drain Assessment?

County drainage districts are separate public corporations with their own financial records. Each drainage district is supported by a Drain Assessment that covers the cost of maintaining the drainage system. County drains are not maintained by Berrien County general fund taxes.

2. How are assessments determined?

The law requires that assessments be based on benefit as determined by the Drain Commissioner. All properties within the drainage district are assessed considering factors such as size of parcel, land use, proximity to the drain, and location of the property within the district.

3. Where is the drain located for which I am being assessed?

The Berrien County Drain Office has maps and aerial photos that can show the location of your property and the county drains within the drainage district. These documents will be available on the Day of Review. Even if your property does not touch the county drain, storm water flows toward this county drain as an outlet regardless of the land’s elevation.

4. Do all property owners pay drain assessments?

All property owners within a drainage district receive an assessment, unless specifically exempted by law. In addition, the municipality, Berrien County, the Berrien County Road Commission, and the Michigan Department of Transportation (as appropriate) also receive an assessment for a portion of the maintenance costs. The Drain Code does not exempt most non-profit or religious properties from assessment.

5. What is a Drainage District?

A drainage district is a legally established area of land that drains to a common outlet. Drainage district boundaries are determined by the natural topography of the land and rarely correspond to political boundaries such as townships or counties. Common words for drainage district include watershed and drainage basin.

6. I recently purchased my property. Why am I being billed for work done prior to my ownership?

Although the work for which you are being assessed may have been completed prior to your purchase of the land, the Drain Code requires that assessments be levied to the property, and assessed to the current owner of record. In most cases, the work performed will benefit the property for years to come.

7. What is a Petitioned Project?

Petitions may be filed to construct a new county drain or to improve an existing county drain to alleviate flooding or drainage issues. Petitions may be signed by landowners, municipalities, the Berrien County Road Commission or the Michigan Department of Transportation. After a petition is filed, the Drain Code requires a Board of Determination hearing to determine if the project is necessary or not. Without a petition, the Drain Commissioner can only perform maintenance activities on the county drain.

8. How does a petition get started?

To obtain a petition to circulate, contact the Drain Commissioner’s office. A staff member will prepare the appropriate documents that will be needed to start the petition process. Instructions are provided with the petition and staff members are available to answer questions for the petition process. Once the petition has been signed with proper signatures, the petitions are returned to the Drain Commissioner’s office for action.

9. What is a Board of Determination?

The Board of Determination is a three-member board appointed by the Drain Commissioner. The Drain Code requires that the board members all reside in the county. However, The Board of Determination members must be “disinterested” meaning they cannot own land in the Drainage District or within any municipality with lands in the Drainage District.

10. What is the purpose of a Board of Determination?

The role of the Board of Determination is to receive testimony and evidence at a public hearing to determine:

1. Whether a project is necessary or not necessary and conducive to the public health, convenience or welfare;
2. Whether a portion of the project benefits the municipalities in the Drainage District for the protection of public health, and if applicable;
3. Whether lands should be added to the Drainage District.

11. Does the Board of Determination decide what work gets done?

The Board of Determination does not determine the scope or cost of the project, and does not determine how much property owners and municipalities will be assessed for the project. The Drain Commissioner makes these decisions after the engineering is performed, but before construction occurs.

12. Does the decision of the Board of Determination have to be unanimous?

The decision of the Board of Determination does not have to be unanimous, but the decision does require a majority vote. The vote is by the members of the Board of Determination, and not by the attendees at the meeting.

13. What if I am unable to attend the Board of Determination meeting?

If you are unable to attend, you can provide the Drain Commissioner’s office with correspondence, pictures or other information that you would like presented to the Board of Determination. Please make sure that the Drain Commissioner’s office receives this information with sufficient time to provide it at the meeting. The Drain Commissioner will read all correspondence at the Board of Determination during the public testimony part of the meeting.

14. Can the decision of the Board of Determination be appealed?

Yes. Any person aggrieved by the decision of the Board of Determination can appeal the decision in the county circuit court within 10 days after the Board’s decision pursuant to MCL 280.72a. Municipalities also have the ability to appeal the decisions under MCL 280.72. You should consult your attorney with further questions as to the appeal process.

15. Why do I need an Easement?

Drainage easements are obtained for specific uses such as storm water conveyance, in open ditches, underground tiles, a floodplain or as access routes for operating, maintaining or repairing a County Drain. Drainage easements are not to be considered public areas and are not open to the public.

Property owners retain land ownership, but are restricted from building permanent structures that may interfere with or reduce drainage and/or temporary storage capacity or may impede drain maintenance of surface or subsurface systems within the easement area. This includes, but is not limited to; swimming pools, sheds, garages, patios, decks, fences or other permanent structures or landscaping features.

Easement width varies from drain to drain depending on the drain’s size and type. Some easements are of an unspecified width.

Easements obtained prior to 1956 were not required by law to be recorded with the Berrien County Register of Deeds office and are considered properly recorded if they are on file in the County Drain Commissioner’s office. It is important to check with both offices to determine if a drainage easement exists on your property.

16. What are the Statutes and Regulations Effecting the Activities of the Drain Commissioner?

The statutes and regulations affecting the activities of the drain commissioner are as follows:

• Common Drain Law
• Condemnation Act
  
• FEMA Emergency Preparedness Program for Berrien County
• FEMA Floodplain
  
• MDOT Regulations
• Mobile Home Act
  
• P.A. 25 of 1999 Land Division Act
• P.A. 222 of 2001 Governmental Immunity Act
  
• P.A. 267 Open Meetings Act
• P.A. 303 Geomaere-Anderson Wetland Protection Act
  
• P.A. 345 of 1990, Survey & Remonumentation Act
• P.A. 346 Inland Lakes & Streams Act
• P.A. 40 of 1956, as amended
  
• P.A. 451 of 1994, Soil Erosion & Sedimentation Control
• P.A. 451, Part 3` Clean Water Act, NPDES, Phase II
  
• P.A. 451, Part 307 Inland Lake Level Act
• P.A. 451, Part 309 Lake Improvement Act
  
• P.A. 451, Part 315 Dam Safety & Inspection Act
• Pesticide Notification Registry For County, EPA Regulation 637, P.A. 451
  
• Road Commission Act

17. What is an Illicit Discharge or Connection?

An illicit discharge is any discharge to the storm sewer system that is not composed entirely of rain water or groundwater. Examples include dumping of motor vehicle fluids, household hazardous wastes, grass clippings, leaf litter, industrial waste, restaurant wastes, or any other non-storm water waste into a storm water system.

An illicit connection is the discharge of pollutants or non-storm water materials into a storm sewer system via a pipe or other direct connection. Sources of illicit connections may include sanitary sewer taps, wash water for laundromats or car washes, and other similar sources.

18. How do I identify an Illicit Discharge or Connection?

To spot an illicit discharge or connection:

• Look for makeshift pipes or hoses that lead to a storm drain or body of water.
• Watch for stains, unusual odors, structural damage to streets or gutters, and abnormal vegetative growth in nearby lakes and streams.

If you see an illicit discharge or connection, report it to your community. The Illicit Discharge and Connection Ordinance, adopted by your community, gives them legal authority to inspect and sample discharge, as well as enforce sanctions for violations.

19. How do I make a FOIA Request?

Please visit our Freedom of Information Act page.

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Elections - Absentee Ballots

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1. What is an absentee ballot?

A way of voting if you are unable to get to your polling place on election day.

2. Who Is Eligible For An Absentee Ballot?

Any registered voter.

3. How Do I Apply For An Absentee Ballot?

To apply for an absentee ballot, follow these simple steps:

1. Contact the clerk of the city or township where you are registered to vote.
2. You need to state in your request:
   • You are a registered voter of the city or township
   • State the address where you are registered to vote
   • Advise the clerk where your absentee ballot should be mailed  
   • Sign your request
3. You may apply by letter, post card, application or by Federal Post Card Application.

4. When May I Apply?

All registered voters in Michigan can now vote before Election Day using what’s called an absentee ballot. You don’t need an excuse or a reason. You can vote by absentee ballot through the mail, without leaving your home. Use the online form to apply or contact your local city or township clerk. You can also go to your city or township clerk’s office or drop box to return your absentee ballot.

• For additional information, please visit the Department of State Vote at Home/Absentee Voting page.

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Elections - Voter Registration

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1. Where can I register to vote?

You may register to vote at your County Clerk’s Office, your city or township clerk’s office, at any Secretary of State branch office or you may register to vote by mail 15 days prior to the election. 

You may register to vote in person with your City/Township Clerk's office until 8:00 P.M. on Election Night. 

Registering To Vote By Mail

You may register to vote by mail using this Michigan voter application (PDF) to vote. The form will supply you with the names and addresses of all of the county clerks in Michigan so that you can mail the application directly to your county clerk. Some city clerks’ names and addresses are also listed.

2. What are the qualifications needed to register to vote?

In order to register to vote you must be:

• A United States citizen
• At least 18 years of age on or before the date of election at which you seek to vote
• A Michigan resident for at least 30 days before the election

To register in person 14 days or less prior to the Election you will need to show proof of residency. (A photocopy of a paycheck stub, utility bill, bank document or government document that lists both your name and your address).

3. Will I ever have to re-register?

Registration in Michigan is permanent, however, any time you move from one community and into another in this state you must re-register.

4. How can I request a change of address or change of name?

If you change your address within a community, the clerk should be notified so that you may be placed into the correct precinct. You may also change your address at any Secretary of State branch office.

Any name change due to marriage or legal action should be reported to the clerk by mail, in person, or at a Secretary of State branch office.

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Elections - Voting At The Polls

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1. Where do I Vote?

You can find your polling place online.

2. When are the Polls open?

Polling hours are from 7 a.m. to 8 p.m.

3. What should I bring with me to vote?

It is recommended that voters bring one of the following acceptable forms of photo ID to the polls:

• Michigan driver's license or state-issued ID card
• Current driver's license or personal identification card issued by another state
• Federal or state government-issued photo identification
• U.S. passport
• Military ID with photo
• Student identification with photo from a high school or accredited institution of higher learning
• Tribal identification card with photo

4. Can I wear election related clothing to the polls?

No. Michigan prohibits the practice of displaying election-related materials at the polls, including clothing and buttons as well as materials such as pamphlets, fliers and stickers. You cannot display such items in the polling place or within 100 feet of an entrance to a polling place. If you go to the polls with a shirt or button bearing election-related images or slogans, you will be asked to cover or remove it.

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Elections - Voting For Political Parties

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1. What is meant by “Straight Party Ticket”, “Split Ticket”, or “Mixed Ticket”?

These terms apply only to the partisan part of your ballot in a General Election (not a Primary):

• Voters may quickly vote a Straight Ticket for all candidates of one political party. Vote for all by marking your ballot for one party.
• Split Ticket by overriding their Straight Ticket choice for any office. Each candidate under the party selected will receive a vote except where superseded by a direct vote for a candidate.
  • Note: if you vote for candidates of more than one political party in a primary election, none of your partisan selections will be counted.
• Mixed Ticket by selecting each office individually and not selecting a party.
• If you vote a "straight ticket," only the partisan offices are included. The following offices (at the state level) are not included: Supreme Court and Court of Appeals. Although Supreme Court candidates are usually nominated by political parties, their names appear on the "nonpartisan" portion of the ballot.

2. Where can I get additional information about voting in Michigan?

You may find more information at the Michigan Secretary of State's website.

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Elections - Voting In Primary Elections

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1. Can I vote in the primary election if I am not a registered Democrat or Republican?

Yes. You do not have to register as a member of any party to vote in a Michigan Primary. We have an "Open" Primary. Any registered voter can vote in a Primary.

2. Can I vote on either party’s primary ticket?

Yes, but you must choose all candidates from one party or the other in the Primary. As a Primary voter you will be given a ballot that has a column with the Republican candidates for various offices and a column with Democratic candidates for the same offices. The ballot will also have a third column for Nonpartisan offices such as judges and for Proposals. All voters can cast votes in the third column on nonpartisan candidates and proposals.

3. Can I vote in more than one primary?

No. You cannot crossover (select partisan candidates from more than one party) in a Primary election. If you do, your votes for partisan candidates will be invalidated.

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Elections - Write-In Candidates

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1. How can I vote for someone whose name is not on the ballot (a “write-in candidate")?

If you want to write in the name of someone who is not on the ballot and have your vote count, you may do so in the space provided on your ballot. Write-in votes will be counted only if that person has filed a declaration of intent to be a write-in candidate as required by law.

2. What if a candidate dies before the election?

If a candidate whose name is printed on the official ballot for the election dies or is otherwise disqualified on or after the Wednesday immediately before the election, no declaration of intent is necessary. In such a case, the board of election inspectors shall count all write-in votes for write-in candidates for the office sought by the deceased or disqualified candidate.

3. How can I become a write-in candidate?

You must file a declaration of intent to be a write-in candidate with the filing official for the office you seek on or before 4 p.m. on the second Friday immediately before the election.

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Family Court

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1. Where do I get divorce papers to file in proper person?

You can contact an attorney, or purchase The Michigan Divorce Book from a local bookstore. You can also purchase a divorce packet by calling the Self Help Legal Resource Center at 269-983-7111, Ext. 8793 or go to the Michigan Courts website.

2. How much does it cost to file for divorce?

To open a case without children $175. With children $255. This is just a filing fee. There may be other costs incurred throughout the proceeding.

3. How do I file for a change in child support, visitation, custody, domicile?

You must file a motion with the courts and request a hearing. You can get forms to do this from the Friend of the Court or Family Division of the County Clerk's office. The cost to file a motion varies from $20 to $100, depending on the circumstances of the case.

4. Where can I get a copy of my Judgment of Divorce and what is the cost?

You can obtain a copy from the County Clerk's office. The cost is $1 per page and $10 for certification.

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Flood Insurance

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1. Why should I consider buying flood insurance?

Flooding can occur during any season in Michigan. The National Flood Insurance Program (NFIP) estimates that 90 percent of all natural disasters involve flooding. A small amount of water can bring a tremendous amount of damage, and many property owners are unaware that their properties are at risk for flooding. A home located in the floodplain has a four times greater risk of flooding than burning during the course of a 30-year mortgage.

What's worse: many property owners don't realize that their homeowners' or property owners' insurance doesn't cover flood damage. To be covered from flood damage, one must purchase National Flood Insurance through an insurance agent. Consider that even just an inch of water can require a property to replace carpet, drywall, floor boards, moldings, doors and other belongings. Additionally, clean-up of mud and residue can be costly, as can repairing any mold and mildew damage that may occur.

To help calculate flood damage that might occur to your home, visit FloodSmart.gov, and click on the link to learn more about "What Could Flooding Cost Me?"

2. Is flood damage covered by my homeowners insurance?

Flood damage is excluded in nearly all homeowners and renters insurance policies but, if desired, can be purchased as a separate policy.

3. Where do I get flood insurance?

Any licensed property/casualty insurance agent can sell a flood insurance policy. If you experience trouble in locating an agent, contact the National Flood Insurance Program's agent referral program at 888-CALL-FLOOD. You can also locate an agent by filling out your "One-Step Flood Risk Profile" at FloodSmart.gov.

4. Is there a waiting period before my flood insurance policy becomes effective?

There is a 30-day waiting period before a new or modified flood insurance policy becomes effective. You can also locate an agent by completing your "One-step risk profile" at FloodSmart.gov.

5. Do I need to live in a floodplain to get flood insurance?

It is important to note that nearly 30% of all flood claims come from outside the "100-year-floodplain" as determined by the National Flood Insurance Program. The fact that a property is outside of the "legal" floodplain does not mean that the river or stream can't still reach that property.  You do not need to live in a floodplain to purchase flood insurance - coverage is available to any building located in a community that has qualified for the National Flood Insurance Program. For a listing of Michigan communities participating in the NFIP, you may visit Fema.gov.

Find the current flood maps for your area.

6. Is water back up in basements covered by a flood insurance policy?

Coverage for water back up in basements (drains/sewers) is excluded from the flood insurance policy.

7. Can I get coverage for water back up in basements?

Although basement water back up is excluded under most homeowners' insurance policies, coverage can be obtained by purchasing an endorsement. Most insurance companies offer sewer and drain back up as optional coverage. Coverage and limits vary by insurance company, so check with your agent/company about specifics. Some insurers include full coverage for sump pump failure while others specify items that are covered.

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Flood Preparation & Planning

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1. How will we find out about a coming flood?

• The first part of a Flood Plan is putting yourself in a position to get some advance warning of an unfolding situation. Large-scale flooding on the main stem of a river may occur over many hours or several days, but flash floods can strike in minutes. Important steps you can take include signing up for flood alerts and monitoring weather patterns and local conditions. Flooding in Michigan can happen any time of year.
• Sign up for NOAA National Weather Service Flood Alerts
• Monitor river levels from NOAA National Weather Service
• Determine your property's proximity to waterways by learning about and reviewing flood hazard maps

2. At what river level does our property begin to flood?

First, determine "What's Your Number?" by learning the flood stage at the stream gage nearest you. This information is available through the National Weather Service's Advanced Hydrologic Prediction Services website. 

Then, determine the level at which floodwaters begin to affect your property. This step may take research or personal experience to determine, such as talking to neighbors to find out how high the river was during recent floods, and at what point flooding began in your neighborhood. Each neighborhood and each property has its own unique terrain and placement to consider when determining this factor, and it is safest to err on the side of caution.

3. How can we prepare for floods?

Preparing your household for a flood involves steps that will improve your readiness for many different types of disasters. Give yourself plenty of time to evacuate by developing an emergency kit including first aid supplies, a three-day supply of non-perishable food, bottled water, a battery-powered radio, flashlights and extra batteries. Also, have personal items ready like rubber boots, a rain jacket, warm clothes and hygiene and sanitation products.

4. How will we learn about evacuation orders?

Contact your local emergency management office to find out how your community notifies residents of floods and how it will issue evacuation orders. Make a commitment to follow evacuation orders the first time to help prevent emergency personnel from having to return to the affected area for a rescue when travel is no longer safe.

5. What access roads can we use to evacuate in the case of rising waters?

Research indicates the majority of flood-related fatalities occur when cars become trapped on roads that are known to flood. To prevent this, follow instructions from emergency personnel and before a flood happens talk to neighbors, emergency personnel and others to determine when and where flooding typically occurs on access roads leading to your home. Know what roads you regularly travel and whether or not they will flood, and plan alternate routes when needed.

6. What steps should we take to prepare our property?

Research the flood-proofing options available to you. Can you install a quick-disconnect furnace, or elevate electrical and mechanical equipment? Are there steps you can take to alleviate pressure on your structure and to prevent extensive damage to doors and windows if flooding does occur? View additional information about protecting your property from floods.

7. Where should our family meet if we are separated during a flood event?

Before a flood or other emergency strikes, designate a safe place away from your home where your family members can all meet. Make sure that all family members know the location, you have a plan for contacting each other, and you have an emergency kit ready to take with you. In addition, it is important to know whether your child's school or family members' work place is in a flood zone. If so, what provisions are in place to ensure their safety?

8. How do I keep my family safe during a flood?

Floods are among the most frequent and costly natural disasters. For information on keeping your family safe before, during and after a flood, please visit the Michigan Committee for Severe Weather Awareness website.

9. What other considerations should I make?

• A written plan is essential for helping individuals and household members to think through important issues in advance. You should also research whether there are similar plans in place for your work and children’s daycare and school, as well as to see how they work with your plan.
• Expect roadways to be blocked during a flood. Contact your friends and family to ensure they are safely sheltered. Listen to local media for flood-prone roads as well as making contact with neighbors in your area.
• Remember, the most common things people regret planning to protect during an emergency include pets, photographs and computers. Can you pack all these in a vehicle and drive to higher ground in time? Ensure you have a plan in place to protect your pets and keepsakes before an emergency.

10. What is the difference between a "watch" and a "warning"?

• Flood Watch: Flooding is possible. Tune in to your NOAA Weather Radio, local radio or television for information and check the flood alert sites on the Internet.
• Flash Flood Watch: Flash flooding is possible. Be prepared to move to higher ground and tune in to your NOAA Weather Radio, commercial radio or television for information.
• Flood Warning: Flooding is occurring or will occur soon. If advised to evacuate, do so immediately.
• Flash Flood Warning: A flash flood is occurring. Seek higher ground immediately.

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General Court

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1. What constitutes a Circuit Court case?

Criminal: all criminal cases start in District Court. If a criminal case is determined to be a felony, it is then bound over into Circuit Court. All misdemeanor cases stay in District Court.

Civil: District Court civil cases are damages under $25,000. Circuit Court civil cases are damages over $25,000.

Family: a domestic case is actually considered a civil matter, however due to the domestic / family issues these cases are filed in the Family Division. All Family Division cases are at Circuit level which include:

• Custody
• Divorce
• Juvenile cases
• Paternity
• Personal protection orders
• Support

2. Who is the Plaintiff and who is the Defendant?

The Plaintiff is the person who files the case with the court. The Defendant is the person who the Plaintiff is filing a complaint against. Once a case is opened, this never changes. Any future filings by either party should always list the Plaintiff and Defendant just as the case was originally filed.

3. I received a summons and complaint and it says I must answer to the courts. What does this mean?

You are not required by the court to file an answer. If you choose to file an answer it must be in writing and filed in the County Clerk's office. If you are not sure whether you should file an answer or not, it is highly recommended that you contact an attorney for legal advice.

4. Where is each Court Division located?

Criminal: District Court matters are on the 1st floor of the courthouse. Circuit Court matters are also on the 1st floor of the courthouse (County Clerk's office).

Civil: both District and Circuit Court matters are on the 3rd floor of the courthouse.

Family: all Family Division matters are located throughout the 4th floor of the courthouse. Domestic matters and Probate are located in the file room. Juvenile and Friend of the Court offices are located on the 4th floor also. Personal Protection Orders are filed in the County Clerk's Office on the first floor.

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Health - Flu Vaccinations

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1. What is seasonal flu?

Seasonal flu is a contagious respiratory illness caused by influenza A or B viruses. It spreads between people and can cause mild to severe illness. In some cases, the flu can lead to death. In the United States, flu season occurs in the fall and winter. Seasonal flu activity usually peaks in January or February, but it can occur as early as October and as late as May.

2. How can I protect myself and others from the flu?

The best way to protect yourself and other people from getting the flu is to get a flu vaccine every year. It is recommended everyone 6 months of age and older get the flu vaccine. Seasonal flu vaccines are safe and effective; they are available as shots or nasal spray.

3. Who should get vaccinated this season?

Everyone 6 months of age or older should get a flu vaccine this season. It is especially important for some groups of people to get vaccinated, such as:

• People who are at high risk of developing serious complications (such as pneumonia) if they get sick with the flu.
• People who have certain medical conditions including asthma, diabetes and chronic lung disease.
• Pregnant women.
• Children younger than 5 years (especially those younger than 2.)
• People 65 years and older.
• People who live with or care for others who are at high risk of developing serious complications.
• Household contacts and caregivers of people with certain medical conditions including asthma, diabetes, and chronic lung disease.
• Household contacts and caregivers of infants younger than 6 months old.

Find more information from the Centers for Disease Control and Prevention.

4. Can I get a flu vaccine if I recently had COVID-19?

Yes. If you have completed your five-day isolation period and are not experiencing any COVID-19 symptoms, you can receive your flu vaccine right away. 

5. How effective is the flu shot?

The flu vaccine’s ability to prevent illness can range widely from season to season. Recent studies have shown the vaccine reduces your risk of getting sick by 40-60%. Flu vaccinations are proven to effectively prevent and lessen severity of illness, especially when the flu vaccine is well matched to circulating flu viruses.

6. What are the risks from getting a flu shot?

Flu vaccines are safe and effective. The most common side effects following flu vaccinations are mild. The Centers for Disease Control and Prevention and the Food and Drug Administration closely monitor for any signs that flu vaccines are causing unexpected adverse events and are working with state and local health officials to investigate any unusual events.

7. What are the side effects that could occur?

Possible side effects include:

• Aches
• Fever (low grade)
• Soreness, redness or swelling where the shot was given

The intradermal (between the layers of the skin) flu shot may cause additional mild side effects, such as toughness or itching where the shot was given. Side effects typically begin soon after the shot is given and usually last one to two days. Life-threatening allergic reactions are very rare. If any unusual condition occurs following vaccination, seek medical attention right away.

8. Can the flu shot give me the flu?

No, a flu shot cannot give you the flu. While you may experience short-term side effects after your vaccine, it is not the flu. Vaccines cause antibodies to develop in the body about two weeks after vaccination. These antibodies provide protection against flu illness.

9. Why do some people not feel well after getting the flu shot?

The flu shot can cause mild side effects that are sometimes mistaken for flu. These side effects are caused by a person’s immune system making protective antibodies in response to being vaccinated. These antibodies are what allow the body to fight against flu. It is rare for someone to experience fever, muscle pain, and feelings of discomfort or weakness. If experienced at all, these effects usually last one to two days after vaccination and are much less severe than actual flu illness.

10. What about people who get a seasonal flu vaccine and still get sick with flu-like symptoms?

It is still possible to get the flu even if you are vaccinated. This can happen for several reasons: 

• People may be exposed to an influenza virus shortly before getting vaccinated or during the two-week period it takes the body to gain protection after getting vaccinated. This exposure may result in a person becoming ill with the flu before the vaccine begins to protect them.
• A person may be exposed to an influenza virus that is not included in the seasonal flu vaccine. There are many different strains of influenza viruses that circulate every year. The flu shot protects against the three or four viruses that research suggests will be most common.
• Unfortunately, some people can get infected with a a strain of influenza that is covered by the vaccine. Protection provided by the flu vaccine can vary widely, based in part on health and age factors of the person getting vaccinated. In general, the flu vaccine works best among healthy young adults and older children. Some older people and people with certain chronic illnesses may develop less immunity after vaccination. However, even among people who tend to respond less well to vaccination, the flu vaccine can still help prevent influenza. Vaccination is particularly important for people at high risk of serious flu-related complications and for close contacts of high-risk people.
• Even if you get sick, being vaccinated can help keep symptoms mild and reduce your risk of hospitalization.

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Health - Lead & Drinking Water

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1. What is lead?

Lead is a metal that was commonly used in:

• Plumbing pipes and fixtures
• Homes built before 1978 are more likely to have lead-based paint
• Gasoline (banned in 1995) 

2. How can I be exposed to lead?

Most exposure to lead is from paint dust, paint chips and soil contaminated with lead. Lead can also get into your body by drinking or cooking with water containing lead. Young children’s bodies absorb lead more easily than adults, and lead can be passed from a mother to her unborn child. For these reasons, lead in drinking water can be a source of exposure for pregnant women, young children and infants who are fed powdered formula.

Lead is not absorbed through the skin. Bathing or showering in water containing lead is okay.

3. How does lead get into drinking water?

Lead water pipes can sometimes be found in older homes. Drinking water faucets manufactured before 2014 were allowed to contain up to 8% lead. This lead can sometimes find its way into our drinking water.

Lead found in drinking water is soluble or particulate.  Soluble lead is lead that is dissolved in water. Particulate lead is small pieces of lead from lead-containing material. Either type of lead can get into your drinking water when pipes or faucets containing lead begin to break down or dissolve.  The amount of lead that can end up in drinking water depends on:

• Water chemistry (what is in the water)
• Contact with lead-containing items (if it passes through lead plumbing or fixtures)
• Water use (how often and in what amount water runs through plumbing and fixtures)
• Construction or plumbing repairs in the street or home (particulate lead can be released)

4. How can I prevent being exposed to lead in my water?

Flush your pipes before using your water if it has sat for more than 6 hours. 
 If you have not used your water for several hours, flushing your pipes may reduce the amount of soluble (dissolved) lead in your drinking water. To flush the pipes in your home, do any of the following for at least five minutes:

• Turn a cold water faucet on all the way and let it run.
• Take a shower.
• Run a load of laundry.
• Run your dishwasher.

Before using the water from any specific faucet for drinking or cooking, run the cold water again until goes from room temperature to cold. This flushes out any water that had been sitting in that sink’s pipes and faucet.

Use a certified filter or bottled water.   

Properly maintained and installed filters are proven to reduce lead in water. Both particulate and soluble lead can be safely removed from drinking water by using a certified water filter. 

Free filters are available to city of Benton Harbor residents.  

Free filters are available to city of Benton Harbor residents through the Berrien County Health Department. Call 844.875.9211 or visit the Berrien County Health Department at 2149 E. Napier Ave. from 8:30 a.m.-5 p.m. Monday through Friday or the Center for Better Health at 100 W. Main St. from 10 a.m.-4 p.m. Tuesday through Friday. Both locations are in Benton Harbor, and neither requires appointments.  

If you decide to purchase your own filter, be sure the packaging says the filter is certified to NSF/ANSI Standard 53 for lead reduction and certified for NSF/ANSI Standard 42 for particulate reduction (Class I).

Proper filter installation and maintenance are essential. 

Properly installation and maintenance are essential for the filter to work properly. Follow the manufacturer’s instructions to install the filter and maintain it. If you need assistance installing your filter, call the Berrien County Health Department at 844.875.9211. 

Use cold filtered water or bottled water for:

Drinking, cooking, making baby formula, rinsing foods, brushing teeth and for pets. It is OK to warm the cold filtered water as needed.

Do not use hot water for drinking or cooking.

Do not cook with or drink water from the hot water tap. Lead dissolves more easily into hot water. Instead, use cold water and heat. 

It’s okay to use water that’s not filtered or flushed for:

Showering and bathing. Avoid swallowing the water if lead is a concern.

Washing your hands, dishes and clothes, as well as for cleaning.

Don’t try to remove lead by boiling the water.

It won’t work. Water evaporates during boiling, so levels of lead in the water may end up higher than before boiling.

Clean the aerators on your faucets once per week.

Aerators (the mesh screens on your sink faucet) can trap pieces of particulate lead. Clean your drinking water faucet aerator at least once a week. Learn how to clean an aerator here: https://www.youtube.com/watch?v=7P9L2b8v5VM

If there is construction or repairs to the public water system or pipes near your home, clean your drinking water faucet aerator more frequently. 

Replace plumbing, pipes, and faucets that may add lead into your drinking water.

Older faucets, fittings and valves sold before 2014 may contain up to 8% lead, even if marked “lead-free.” Replace faucets with those made in 2014 or later and are certified to contain 0.25% lead or less.

5. Why does flushing the water before drinking make it safe?

Lead can enter drinking water when it comes in contact with pipes or plumbing fixtures that have lead service lines or internal plumbing made with lead. The more time water has been sitting in your home’s pipes, the more lead it may contain. The most important thing you can do is run your water for at least five minutes before you drink, cook or use your water for washing fruits and/or vegetables.

6. What are some of the health problems lead can cause?

Lead in drinking water can enter your blood and build up in the body over time. Children under 6-years-old are most at risk of harm to their health. If you are pregnant, lead can harm your unborn baby. Adults are less likely than children to be harmed by lead in water.

Lead exposure in babies and young children can cause serious health problems. Some of the health problems may never go away. Lead in a child’s body can:

• Slow down growth and development
• Damage hearing and speech
• Make it hard to pay attention and learn

Unborn babies build bone from calcium found in their mother’s bones. When calcium is released from the mother’s bones to her unborn baby, lead stored in her bones is released too. Lead can also cross the placenta. Lead can:

• Reduce growth of the unborn baby including the brain, kidneys and nervous system
• Cause premature birth
• Cause a miscarriage

Good nutrition is one way to protect your family from lead. Include calcium, iron and vitamin C in your family’s diet. This may help keep lead from being absorbed in the body.

Talk with your doctor if you have concerns about exposure to lead from drinking water or other sources. Your doctor may choose to order a lead blood test. A lead blood test can tell you how much lead may be in your blood.

7. Where can I get my child’s blood tested for lead?

The Berrien County Health Department is offering lead blood testing at its Benton Harbor location at 2149 E. Napier Ave. You can also talk to your family doctor if you’re concerned that your child has been exposed to lead or is at risk of lead exposure.

8. What does an "elevated blood lead level" mean?

In Michigan, a blood lead level of five micrograms per deciliter (µg/dL) or higher is considered elevated, or high. Most people who have an elevated blood lead level do not look or act sick. A blood lead test is the only way to determine a blood lead level. Talk with your doctor or the Berrien County Health Department about getting a lead test for your child if:

• You believe your child has been exposed to lead
• Your child is at risk of lead exposure

9. Should I have my child tested for lead?

Children under the age of 6 are at the highest risk for elevated blood lead levels. Lead can harm a child's growth, behavior and ability to learn. Lead exposure happens when children come in contact with lead, generally from lead-based paint or lead plumbing supplying drinking water. 

A simple blood test can determine the level of lead in your child's blood. Contact your family doctor or the Berrien County Health Department to ask about getting a lead test for your child if you believe they may have been at risk of lead exposure.

10. Where can I go to get my water tested?

Your public water supplier may provide water testing kits for residents who would like to test their water for lead. Call your municipal water system for more information. If they do not offer free testing, you can contact a certified lab to have your water tested. This test usually costs around $30. To find a certified lab, visit Michigan.gov/EGLELab and choose “Drinking Water Laboratory."

11. Will it cost me anything to get my water tested for lead?

The water test is free for Benton Harbor City water customers. There will be no cost for water testing for Benton Harbor residents.

12. What else is the Berrien County Health Department doing?

The Berrien County Health Department monitors elevated blood lead levels in children who are potentially at-risk around Berrien County. Our public health nurses provide individualized case management, education, and resources for families who have children with elevated blood lead levels to help them identify lead exposure risks and create a healthy home.

13. What is a lead service line?

A service line connects the water main in the street to the plumbing in your house. The municipality owns and maintains service lines starting at the water main located in the street to the customer’s stop box (water valve near the sidewalk). Customers own the service lines from the stop box to their home.

14. How do I know if I have a lead service line going to my house?

To find out, you can:

• Hire a licensed plumber to do a plumbing inspection on your home; or
• Look at the plumbing in your basement yourself. Your service line often comes into the basement of your house and will be connected to your water meter:
• If the pipe coming through your basement wall is copper (the color of a penny) or plastic, lead is not likely a concern.
• If the pipe is another color, you will want to use a key or coin to scratch the pipe close to the wall.
• If it scratches easily, and you don't see copper underneath, you may have a lead pipe.
• Next, try sticking a magnet to it. If it sticks, it's likely a galvanized steel pipe, but may have lead solder. If it doesn't stick, you may have lead pipes.
• Call your city water provider to see if they can confirm the type of pipe that you have. The city may have programs to help you get a new, safer service line to your home.

15. Where can I go to find more information?

Water Service Line Questions: Contact your municipal water supplier
Getting Water Tested: Contact your municipal water supplier
Getting a Water Filter: Berrien County Health Department: 1.800.815.8485
Getting a Lead Test for a Child: Berrien County Health Department, 1.800.815.8485
Safe Drinking Water Act Questions: Michigan Department of Environment, Great Lakes and Energy, 517-284-6700

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Jury Duty

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1. What do I do if I have a medical problem and I don't feel that I would be able to serve?

To be excused from jury duty for a medical reason, a letter must be submitted from your physician stating that you are unable to serve. This letter should be returned with your questionnaire no later than three weeks before your assigned week of service. These letters are forwarded to the presiding judge for consideration and you will receive verification if you are excused.

If you are permanently disabled, please be certain that your physician includes that information when writing your letter. If your physician does not specify a permanent condition your name may be drawn again the following year.

If you do not return your physician's note with your original questionnaire due to time considerations you are welcome to submit it via email the Jury Clerk or fax to 269-982-8643.

2. What can I do if I don't hear well and I am afraid I will miss significant testimony?

Individuals with hearing problems should participate in the jury selection so that they can hear the acoustics in the courtroom. If they cannot hear properly at that time they should advise the judge or bailiff and they will be excused.

3. What about work?

By law, and employer cannot fire, discipline or threaten such action against an employee who is summoned for jury duty or chosen to serve on a jury, even for a long trial. Nor can employers force a worker to go beyond normal hours to make up for time spent on jury service. An employer who takes these actions could be guilty of a misdemeanor or held in contempt of court.

600.1348 Jurors; threats, discharge, or discipline by employer; requiring additional hours of work; misdemeanor; penalty.

Sec. 1348.

(1) An employer or the employer's agent, who threatens to discharge or discipline or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a person because that person is summoned for jury duty, serves on a jury, or has served on a jury, is guilty of a misdemeanor, and may also be punished for contempt of court.

4. I am a college student, do I still have to serve and miss classes?

College students are required to serve at the conclusion of the semester or academic year.  Respond to the questionnaire with a week that the student will be available.  If a student has relocated and established a residence away at school (ex. renting an apartment year-round in East Lansing or Ann Arbor), that student may be excused as a non-resident with proof of their relocation (signed lease agreement, utility bill, etc.) or a copy of their state-issued I.D. including their updated address.  

5. I am a nursing mother. Do I have to serve?

If the child is not taking any supplemental feedings, a letter must be submitted by the pediatrician for you to be excused. If you do not return your physician's note with your original questionnaire due to time considerations you are welcome to submit it via email to Jury Clerk or fax to 269-982-8643.

6. I have small children and don't have a sitter. Do you provide daycare?

Day care services are not available at the courthouse. Jurors are notified several weeks in advance of their week of jury service and this should give you ample time to locate a sitter or a daycare center who you are comfortable with.

7. What does it pay?

Under Michigan law, jurors are paid as follows:

Length of Duty	Pay
First Half Day	$15.00
First Full Day	$30.00
Subsequent Half Days	$22.50
Subsequent Full Days	$45.00

Jurors also receive mileage for their trips to and from court. Prospective jurors who are not selected to sit on a trial are still paid for their participation.

8. What if I don't show up?

You can be held in contempt of court, fined or even jailed.

9. Are there exemptions?

People over 70 may be exempted from service if they choose to do so.

You may be called for jury duty more than once, but you may only serve as a seated juror once per year. If you have served as a juror in a court outside of Berrien County and wish to claim this exemption we will require documentation to excuse you.

10. I was convicted of a felony, can I still serve?

No, you may not serve. Complete your questionnaire accordingly. If you have been convicted in Berrien County, jury staff will search our records to verify conviction. If you were convicted in another county or state we require proof of sentencing to be forwarded for consideration. If you do not return your documentation along with your original questionnaire due to time considerations you are welcome to submit it via email to Jury Clerk or fax to 269-982-8643.

11. I served less than one year ago, do I have to serve again?

Jurors who have served less than 12 months ago are not required to serve. While we have procedures in place ensuring that jurors are not called twice in a 12-month period, people occasionally slip through because of name or identification number changes. If you served outside of Berrien County (In a state, federal, or other County's court) we require documentation to excuse you.

12. Why am I called every year and I know people who have never been called?

Juror information is provided to us by the Secretary of State Office in Lansing. These names are taken from the driver's license and state ID card listing which the Secretary of State's Office maintains. Names are then randomly selected by computer system.

13. I live in another state during the winter months and I won't be in Michigan during any of the months in my quarter. What should I do?

Please advise us of which months you will be available to serve.

Contact the Jury Clerk.

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Juvenile Court

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1. How long will I be on probation?

Probation periods may be as short as 90 days or as long as a year or more. The judge and your progress determine the length of probation.

2. What does being on probation mean?

It means that you have either "pled guilty" or been "found guilty" of committing a crime. As a result, the Judge has placed you on "official probation", and is allowing you to remain at home with your parents under the supervision of the court and a Probation Officer.

3. What is expected of me while I am on probation?

First, you must fully understand the rules of Probation. If you do not understand them, be sure and ask your Probation Officer to review them with you and ask any questions that you may have.

Second, you must follow all of the rules of Probation. The goal of your probation can be reached by maintaining a good attitude and cooperating with the Court and your parents.

Third, a lack of cooperation, failure or refusal to abide by the rules, may lead to further Court appearances, and other sanctions.

4. What happens if I violate my probation?

A common violation of Probation is failure to follow the Probation rules. Your Probation Officer will warn you if you are not following the rules. If you fail to follow the rules in spite of the warning, your Probation Officer may charge you with "Violation of Probation" and you will have to appear before the Judge.

Violating the law is another form of probation violation. If you violate the law and are formally charged, you may be placed in the Juvenile Center pending further Court proceedings. You could be required to attend a program designed to assist you in making better choices and avoiding further trouble. You could also be removed from your home to some type of treatment facility depending on the seriousness of the charge or violation.

5. Will I have a juvenile record as a result of being on probation?

Yes. The law requires your file to remain in the Family Division of the Court until you have reached 30 years of age. At the time, the record can be expunged. However, certain life or criminal traffic offenses can never be set aside.

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Juvenile Probation

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1. My child is out of control – what do I do?

You can contact the Children's Mobile Intensive Crisis Team which will help you access resources in the community to assist your child/family in dealing with mental health and behavioral issues. View the Riverwood Center Children's Mobile Intensive Crisis Team pamphlet (PDF). Contact the Juvenile Division Intake Manager at 269-983-7111 Ext. 8354.

You can, also, contact the Berrien County Prosecutor’s Office at 269-983-8311, and they can assist you in the filing of an Incorrigibility petition. 

2. What are the telephone rules/visitation rules, etc. at the Berrien County Juvenile Center?

Go to the Berrien County Juvenile Center website.

3. How do I expunge a juvenile record?

Go to the Berrien County Juvenile Probation website.

4. What happens if I miss my court date?

If you miss a juvenile delinquency case hearing, you should immediately contact your Probation Officer.  His/her contact information is available at Berrien County Probation website.

If you miss a hearing in a child protective (neglect/abuse) case, you should immediately contact your attorney, the DHHS caseworker or the Court directly.  In order to contact the Court, you can call the Family Division at 269-983-7111 ext. 8316.

5. How do I get a court appointed attorney on my case?

 In a juvenile delinquency case, all youth are entitled to an attorney.  The Court will appoint an attorney for the youth, unless the youth chooses to hire a private attorney. The Court does not appoint an attorney for the parents/guardians in juvenile delinquency proceedings, but they may hire a private attorney to represent them.

In a child protective (neglect/abuse) case, a Guardian ad Litem (an attorney who   represents the child’s best interests) will be appointed for all children in the case. Legal parents are entitled to an attorney to represent them in these proceedings.  If you qualify financially for a court appointed attorney, the Court will assign one to you.  In order to find out if you qualify for a court appointed attorney, call the Family Division at 269-983-7111 ext. 8316.

6. How does the Juvenile Delinquency process work?

See the Family Guide to Juvenile Court at the Juvenile Probation website.

7. As a parent/guardian of a youth involved in a juvenile delinquency case, what might my financial responsibility be?

See attached document on Parental Reimbursement: (The Parental Reimbursement PDF)

8. My paperwork says I need to be fingerprinted – how do I get that done?

Call the Law Enforcement agency that made the arrest, and they will give you instructions on how/where to go about being fingerprinted.

9. How do I find out what is on my juvenile delinquency record?

Contact the Berrien County Family Division at 269-983-7111 Ext. 8316.

10. Can I get copies of documents from a juvenile case file?

You can review the legal portion of a juvenile case file, and get copies of documents at the cost of $1 per page.  Certain portions of a juvenile file are confidential and cannot be reviewed or copied by the public, including the Dispositional Report and the Social File (which includes all DHHS reports and medical reports).  You must submit a written request to review a file or get copies of documents.  The request form can be found here.

           

11. What juvenile files are open to the public?

All legal pleadings and court Orders in any juvenile case are open to the public. 

In juvenile delinquency proceedings, consent case and diversion case information is not available to the public.  In addition, all documents in the Social File and the Dispositional Report are not public records.

In child protective proceedings, all documents in the Social File are not public records.

12. How can I volunteer to work with children/youth that are court involved?

We have many interesting volunteer opportunities in the Family Division.  Contact the Intake Manager at 269-983-7111 Ext. 8354 to find out more about these opportunities to serve Berrien County children and their families.

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Notary Public

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1. What is a Notary Public?

A  notary public is an officer commissioned by the Michigan Secretary of  State to serve as an unbiased and impartial witness. When a document is  notarized, it means a Notary Public personally witnessed the person  signing the document after first verifying the identity of the signer.

2. What are the requirements to become a Notary Public?

According to the Michigan Department of State Office of the Great Seal you must:

• Be at least 18 years old
• Be a Michigan resident or maintain a place of business in Michigan
• Be a U.S. citizen or possess proof of legal presence
• Be a resident of the county in which you request appointment (if you do not reside in Michigan, maintain a principal place of business in the county you request appointment)
• Read and write in the English language
• Be free of any felony convictions within the past 10 years (if previously convicted of a felony, the 10-year period includes completion of the sentence for that crime, any term of imprisonment, parole, or probation, and payment of all fines, costs, and assessments)
• Have not been convicted of 2 or more misdemeanor offenses involving a violation of the Michigan Notary Public Act within a 12-month period while commissioned, or 3 or more misdemeanor offenses involving a violation of this Act within a 5-year period regardless of being commissioned
• Have filed with the appropriate county clerk a proper surety bond in the amount of $10,000 and taken the oath of office as prescribed by the State Constitution
• Sign a declaration that all information on your application for Michigan Notary Public Commission is correct, that you have read the Michigan Notary Public Act, and that you will perform all notarial acts faithfully
• Any individual currently serving a term of imprisonment in any state, county or federal correctional facility is prohibited from being appointed or serving as a notary public
• Licensed attorneys in the State of Michigan

3. How do I apply to become a Notary Public?

Check out our Becoming a Notary page and follow our simple, step-by-step instructions.

4. What is a Surety Bond?

A surety bond provides coverage for damages to anyone who suffers  financially due to an improper official act on the part of the notary.  The surety may still seek reimbursement from you for any damages it pays  on your behalf. Please note that a surety bond is not an insurance  policy to protect you.

Notaries public are required to obtain a $10,000 surety bond and file it at the office of the County Clerk in the county where the notary will be appointed.

A list of licensed agencies is available online.

5. How long is a Notary Commission?

Each notary public commission is for a 6 to 7 year period ending on the notary's birthday. Once your notary commission expires, you must apply for a new commission no more than 60 days prior to the expiration date.

6. Where do I apply to be a Notary Public?

If you are a Berrien County resident and will be notarizing documents in Michigan, you must apply in Berrien County at the County Clerk’s office.

If you are a resident of another county in Michigan, you must apply in the county where you live.

If you are an out of state resident working in Berrien County, you must apply for a Michigan Notary Commission in Berrien County. In this case, you may only notarize documents in Berrien County.

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Parks - Silver Beach Features

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1. Access to South Pier

Park visitors can access the South Pier, at the mouth of the St. Joseph River, from Silver Beach County Park. Always proceed with extreme caution, and stay off the pier during any inclement weather or during wave action on Lake Michigan. The South Pier provides a beautiful view of the St. Joseph Lighthouse. The lighthouse is actually located on the North Pier. The North Pier is accessible from Tiscornia Beach, which is a St. Joseph City owned beach, located at 80 Ridgeway Street, St. Joseph. Enjoy great fishing on the South and North Piers. Fish for:

Brown trout

Catfish

Coho salmon

Chinook salmon

Lake perch

Rainbow trout (steelhead)

Whitefish

2. Barrier Free Walkways

Silver Beach County Park features a barrier-free walkway from the parking lot, along the beach front and throughout the Park. The walkway takes visitors to the Dunes Pavilion, Shadowland Pavilion, and up to the South Pier. Sidewalks at Silver Beach County Park lead visitors out of the Park and connect to the Whirlpool Compass Fountain, Silver Beach Center, leading to the bluff and the downtown St. Joseph area. 

3. Beach Wheelchairs

Beach wheelchairs are available to use in the summer, free,
on a first-come-first-serve basis. Stop in the beach office (the building next
to the Restroom buildings) to reserve a beach wheelchair. Guests will be
required to leave behind a driver’s license or ID when using a wheelchair. The
ID will be returned upon return of the wheelchair. Wheelchairs are not
self-propelled and require someone to push the chair. Wheelchairs must stay on
Silver Beach County Park property at all times. 

 

4. Concession Stand

Wally & Gertz, the concession stand at Silver Beach County Park, is open Memorial Day through Labor Day, weather permitting. Wally & Gertz is centrally located at the park, just off the parking lot and near the restroom area. Enjoy a hotdog, hamburger, fries, cheese fries, ice cream, cold beverages, and much more!

5. Drinking Fountains

There are drinking fountains located in the main restroom buildings, inside both the Men’s and Women’s southern facing restrooms. There is a drinking fountain on the outside the restroom building located near the South Pier (pictured here). And, for all those thirsty kids and pets, there is a drinking fountain near the main playground/south parking lot, too. 

6. Grills

Silver Beach County Park has barbecue grills available to guests, which are perfect for family picnics. There are several grills located in the north section of the park for public use. These grills are available on a first-come-first-serve basis. There is also a grill available at the Dunes Pavilion and at the Shadowland Pavilion. The grills at the pavilions are available to beach guests as long as the pavilion is not rented that day. Guests must bring their own charcoal and properly dispose of the hot coals in the hot coal disposal bins that are conveniently located near the grilling area. Any and all personal, portable grills are prohibited. Do not bring personal grills to Silver Beach County Park. For safety of beach guests, use only the grills provided.

7. Kayak / SUP Rentals

During the summer, guests can rent kayaks and stand up paddleboards at the south end of Silver Beach County Park. Explore Silver Beach from beyond the shoreline!

8. Lifeguards

SUMMER 2022 - Silver Beach County Park continues to recruit Lifeguards for the 2022 summer season. Anyone interested in being a Lifeguard at Silver Beach County Park can find an application and information at https://www.berriencounty.org/361/Employment. (updated June 22, 2022).

In the height of summer season, Silver Beach County Park Lifeguards are scheduled to be in their towers from 11 a.m. - 6:30 p.m. daily, whenever possible and weather permitting. Silver Beach lifeguards are there for the protection and safety of the visitors, and work in cooperation with Law Enforcement and Beach Rangers to enforce park rules. Lake conditions are monitored each day by the Silver Beach Lifeguards and Park Staff, with assistance from National Weather Service and other weather/water condition experts. A determination will be made daily whether the water conditions are safe for swimming. Lifeguards are scheduled and expected in their towers from early June to mid-August, weather permitting. 

When Lifeguards are on duty, Water Safety Flags are posted
at each Lifeguard tower. These colored flags indicate water conditions:
◦ Green: okay to swim
◦ Yellow: swim with caution
◦ Red: no swimming

9. Outdoor Showers

Covered in sand? Worried about how much sand you are going to bring back with you to your vehicle and home? Rinse all of the extra sand off at the Outdoor Showers at Silver Beach County Park. Outdoor Showers are located on the beachside of the main restroom buildings, as well as just south of the playground along the beach sidewalk.

10. Parking Lot

There are just over 600 parking spaces at Silver Beach County Park. A parking fee is charged from May - September. The Park Ranger at the entrance will process the parking fee (cash, check or card - annual County Park Entrance Permits are available). Guests can then enter and turn left (south) or right (north) to park. The parking lot at the far North of the property provides the closest access to the Dunes and Shadowland Pavilions, as well as the South Pier of the St. Joseph River.

On nice, warm, sunny summer days, the parking lot may fill to capacity at times during the day. Parking is on a first-come-first-serve basis. When the parking lot is full, meaning there are no more parking spaces available for guests to park, Rangers will close off the parking lot entrance with "Lot Full" signs. Visitors must find alternative parking. Staff continuously monitors the parking lot during times of "Lot Full" and will open up the entrance to vehicles at appropriate intervals. Alternative parking can be found behind the Silver Beach Center/Carousel or within the City of St. Joseph.      

11. Pavilions

DUNES PAVILION

Overlooking Lake Michigan the piers and the mouth of the St. Joseph River, the Dunes Pavilion at Silver Beach is a nice location for small weddings, family reunions, and group gatherings during the warmer months. The Dunes Pavilion accommodates up to 75 to 100 chairs for a ceremony. The Parks Department does not have chairs available. The Dunes Pavilion can accommodate about 50 people seated at picnic tables. Picnic tables are available for use at no extra cost. The pavilion has electricity and use of the adjacent charcoal grill. 

The use of tents, popups,inflatable items and other miscellaneous free standing entities is prohibited unless approved by the Parks Commission staff.  The County Parks Director or his/her designee, reserves the right to cancel or terminate events and activities on County properties if necessary to safeguard persons or property.

RENTAL FEE - DUNES PAVILION
Weekday (excluding holidays): Resident $100; Non-Resident $200
Weekend and Holiday: Resident $200; Non-Resident $400
Parking Fees Apply for Guests of Rental Party = $6 per vehicle.
Resident status = a resident of Berrien County, Michigan.

Shadowland Pavilion

Located along the channel of the St. Joseph River, the Shadowland Pavilion at Silver Beach County Park is an ideal location for a wedding, family celebration, or larger group gathering during the warmer months. Accommodates approximately 250 chairs underneath the pavilion for a ceremony, with plenty of room for an aisle and alter area. The Parks Department does not have chairs available. The Shadowland Pavilion can accommodate up to 160 people seated at picnic tables under the pavilion. Picnic tables are available at no extra cost. The pavilion includes electrical outlets and a charcoal grill.

The use of tents, popups,inflatable items and other miscellaneous free standing entities is prohibited unless approved by the Parks Commission staff.  The County Parks Director or his/her designee, reserves the right to cancel or terminate events and activities on County properties if necessary to safeguard persons or property.

RENTAL FEE - SHADOWLAND PAVILION
Weekday (excluding holidays) Reservation Fee: Resident $175, Non-Resident $350
Weekend and Holiday Reservation Fee: Resident $350, Non-Resident $700
Parking Fees Apply for Guests of Rental Party = $6 per vehicle
Resident status = a resident of Berrien County, Michigan.

GREEN ROOM

The Green Room is located near the Shadowland Pavilion. The Green Room is a private, secure air conditioned/heated room that can be rented along with a Pavilion rental. 

12. Playgrounds

The playgrounds at Silver Beach County Park are very popular all year long. They feature many slides, gliders, swings, monkey bars, climbing features, and (of course) plenty of sand to play with! There are benches located around the play areas for parents to rest and watch the kids enjoy playing for hours. The main playground is located in the center of the park and "boat playground" is located toward the northern end of the park.

13. Picnic Tables

Silver Beach County Park has a variety picnic tables located throughout the park. Silver Beach is a great location for family picnics and reunions. All tables located outside of pavilions are first-come-first-serve.

14. Restrooms

Silver Beach County Park has two restroom facility locations. The main restrooms are located north of the concession stand. The "Pier Restroom" is located at the north end of the park property near the Shadowland Pavilion and Pier. 

15. Swimming Beach

Silver Beach County Park features a clean, wide beach on Lake Michigan and public access to the South Pier on the St. Joseph River. Of the Park’s 2,450 feet of Lake Michigan frontage, about 1,600 feet are dedicated for a public swimming area in the summer months. Inflatable water rafts are allowed, but they are not suggested. Due to the unpredictable nature of Lake Michigan, rafts and floating devices can be dangerous. Paddles of any kind are NOT allowed. Lifeguards are on duty from early-June through mid-August. Guests are strongly encouraged to take extreme precaution when swimming in Lake Michigan, never swim alone, watch children closely, and follow the park rules. 

16. Volleyball Courts

Enjoy the volleyball courts located along Silver Beach! Many local individuals form teams with friends and hold local tournaments at these courts located along the beautiful Lake Michigan shoreline.

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Probate

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1. I have a question regarding a Probate matter.

Click here for Probate related questions.  

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Probate - Deceased Estates

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1. My relative died, what do I need to do?

First you need to determine if the relative had any assets held solely in his/her name. If so, probate proceedings will be necessary. The value of any assets will determine the manner in which you will proceed. 

2. In what county would I file a deceased estate?

An estate must be filed in the county in which the decedent lived at the time of death. If the decedent was domiciled outside of Michigan, but had property in Michigan, the petitioner may file an estate in the county where decedent's property was located at the time of death. 

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Register of Deeds

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1. How can I get a copy of a deed?

• Self-search online at regofdeeds.berriencounty.org. Copies will be $1/page + a $5 credit card fee.
• At the ROD office located at 701 Main St., St. Joseph, MI. Copies will be $1/page.
• ROD staff can search and forward a copy. Copies are $1/page + a $5 credit card fee + a $5 distribution fee + a $5 search & retrieval fee.

2. How do I change a name, remove a name or add a name to my deed?

By recording a new document.  Anyone wishing to convey their interest in property would do so by creating/completing/recording an appropriate document. It is strongly recommended you consult with an attorney who will be able to assure interest is conveyed exactly as intended and assist in drafting the new document. Templates/forms for commonly used documents may be found online, at office supply stores or you may wish to self-draft a document. Once the document is complete and signature(s) are notarized, the original document with original signatures will be presented to our office for recording.

3. Will you record an emailed or faxed copy of my document?

No.  Only an original document with original signatures can be recorded.

4. Where should I send the document to be recorded?

Once the signatures on the document are notarized, deliver the original document with original signatures in person, by courier, USPS, UPS or FedEx to:

Berrien County Register of Deeds, 701 Main Street, St. Joseph, MI  49085

5. To whom should a check or money order be made payable to for recording fees?

Berrien County Register of Deeds

6. May I include a payment for taxes or other county department receipts with my payment to the Register of Deeds office?

No.  ROD staff are not able to receive or process invoices for any other Berrien County department.

7. Who can notarize my document?

The Berrien County Clerk’s office has notary publics.  Call 269.983.7111 ext. 8233 to schedule an appointment.  You will also find notary publics at your financial institution, local municipality, title insurance company, or other area businesses.  There may be fees for notary services.

8. What is the cost to record a document?

Michigan has a flat recording fee of $30 per recordable event.  A deed may be subject to a tax certification fee (see the Fees Page)  or transfer fees (Michigan Real Estate Transfer Tax (PDF)).  Phone the ROD office if you have specific questions; 269.983.7111 ext. 8562.

9. Are there additional fees when recording a document?

Warranty deeds, deeds that contain a covenant of warranty, land contracts, assignment of land contracts, master deeds or amendments to a master deed adding property must have a tax certificate (See the Fees page).  Transfer fees shall be collected on the total value of the land being transferred.  Unless exempt from either or both Real Estate Transfer Tax acts, the exemption(s) must be stated on the instrument.  See also exemptions and/or transfer tax info:  MCL 207.505  and MCL 207.526 and Transfer Tax Rate Chart (PDF).

10. Can I record a copy of a court document?

No.  Court documents must be certified with the Court’s seal to meet Michigan’s recording requirements.

11. Can I record a copy of a death certificate?

No.  A death certificate must be a certified copy with the Clerk’s seal to meet Michigan’s recording requirements.

12. How do I search the website for a copy of my deed?

Berrien County's land records are searchable via the website regofdeeds.berriencounty.org.  Login in as "Guest" to search public records.  Berrien County indexes via name, so utilizing the All Names search type will yield the best results.  Questions or concerns during your visit should be directed to the online support team via LiveChat (it will appear on the lower left corner of the screen).  

NOTE:  Chrome or Edge are the preferred browsers and be sure the PC has a stable internet connection.

13. Can I get a blank deed form/template from your office?

No.  You may find forms/templates online, in an office supply store or you may wish to consult with legal counsel or a title insurance company for assistance in preparing your own document.

14. What are the requirements to record a document?

See basic recording requirements on the Recording Requirements Page.

15. Do you have a survey of my property?

Only if your property was surveyed and that certified survey was recorded.  Mortgage surveys are not recorded in this office.

16. Who can get a copy of my deed?

Anyone can purchase a copy of a recorded land record for $1/page.  Once your document is recorded, it is a public record.

17. I've paid off my mortgage. How do I get a copy of the new deed?

When a mortgage is paid off, the mortgagee records a Discharge, Release or Satisfaction of Mortgage.  You would have received a copy of the deed when you purchased the property.  If you need a copy of your deed or the discharge, release or satisfaction, see How can I get a copy of a deed? above.

18. My spouse passed away and our property is in both our names. What do I do? Will I receive a new deed with just my name on it?

As per MCL 5653.48, bring a certified copy of the death certificate to record. The most current deed of record will not be altered, it remains the most current deed of record until a new deed is recorded.

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Road Department

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1. When do I need to get a permit from the Road Department?

Anytime a person or business does any construction work in the road right-of-way (normally 66 feet wide to 33 feet each direction from the center of the road) they need to obtain a permit. This applies to driveway installation or any other construction type activity. Permits are not needed to install a mailbox (please see our mailbox policy for more info).

• Anyone found in violation of this permit policy is subject to a fine up to $250.

To obtain a copy of our permit please visit the permit page. You may also call our office to request a copy to be sent or faxed to you or you may stop in at our Napier Avenue office. Go to our Contact Information page for more info.

2. Why isn't my road plowed right away when it snows?

How does the Berrien County Road Department (BCRD) decide which roads get plowed first? When do subdivision streets get plowed?

• Snow plow crews follow a pre-determined route when clearing roads of snow. First, we clear the most heavily traveled main roads (primary roads) in Berrien County. This is crucial for it allows police, fire and Emergency medical services access to the major population centers. Local roads and subdivision streets are then cleared after the primary roads are in good condition.
• Salt is not effective on gravel roads, so it's used primarily on paved roads, and sand is used on the gravel roads. Please note that salt begins to lose its effectiveness on paved roads when the temperature drops below 20 degrees.
• Two big challenges for a road agency are a heavy snow storm that starts just before rush hour and a storm that continues for several days without letting up.
• In the first case, traffic slows to a crawl and the trucks can only move with traffic. In the second case, the trucks must stay out on the main roads to keep them open and are delayed getting into subdivisions.
• The Berrien County Road Department has 300 miles of subdivision streets to get to after we take care of 475 miles of primary roads and 708 miles of secondary (local) roads.

Thank you for your patience!

3. Where can I get information on current road conditions in Michigan?

You can call the Michigan State Police Travel Hotline at 1-800-381-8477 or visit the Michigan Government Road Conditions Site or MiDrive for current road conditions in Michigan. Please do not call your local police agency for road conditions during a storm because they need to keep their phone lines open for emergencies.

4. Why are some roads numbered differently than others?

"US" highways (i.e. US-31) extend to two or more states, "M" highways (i.e. M-63, M-51) begin and end within Michigan, and "I" highways (i.e. I-94) are part of the Interstate Highway System.

5. Who is responsible for State highways in Berrien County?

The Michigan Department of Transportation is responsible for maintenance on all state highways in Berrien County. These highways are: I-94, I-196, U.S.-12, U.S.-31, M-140, M-139, M-51, M-239, M60, M-62, M-63 (Niles Avenue) and Business Route 94 from exit 23 (Red Arrow Highway) to St. Joseph, then along Main Street in Benton Harbor continuing out to exit 34 on I-94. For more information contact the Coloma Transportation Service Center at 269-849-1165.

6. What are "Seasonal weight restrictions" and "Frost laws"?

Weight restrictions are legal limits placed on the loads that trucks (commercial vehicles) may carry. During late winter and early spring, when seasonal thawing occurs, the maximum allowable axle load and speed is reduced to prevent weather-related breakup of roads. Contact our Weighmaster for more information or view the Commercial Vehicles web page.

7. How do you handle Gravel Roads (dust, holes, ruts, etc.)?

The townships pay for the application of chloride on gravel roads in their township, and each township contracts with the Road Department to take care of this. The townships in Berrien County contract for one or two applications spread out over the summer.

In the summer, roads are always graded prior to having chloride applied. If your road needs graded, please submit a service request. In addition, we try to blade gravel roads after it rains and the road has softened up. In the winter, we must wait until the frost is out of the roads before we can grade them.

8. What causes potholes?

Potholes occur as the result of melting ice and snow. The melting water drains under the pavement through cracks caused by traffic. As the temperatures begin freezing at night, the water becomes ice and expands under the pavement, forcing the pavement to lift. As traffic continues to drive over this section of road and the temperatures rise above freezing, a shallow divot occurs under the road and the pavement breaks. A pothole is formed as a result.

9. Where does the Road Department get its operating funds?

The Road Department's main source of funding is comprised of gas and weight taxes and driver's license fees and is distributed by the state through a formula, also known as ACT 51. The Road Department does not receive property taxes. Access the Road Department Funding (PDF) For more information (source: Oakland County Road Department).

10. What are the rules and policies concerning winter weather conditions?

• It is illegal to deposit snow or cause vision to be obstructed by snow on Michigan roads see Michigan snow removal law (PDF).
• Parked vehicles may be removed without notice if obstructing snow removal efforts. Access the BCRD Vehicle Removal in Row Snow (PDF).
• Some county roads are not plowed during the winter see a Seasonal Road Map (PDF)
• View the BCRD Snow Plowing Policy (PDF)

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Sheriff Records

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1. Where is Records located and what are your hours?

Our primary location is at 919 Port Street, St. Joseph, Michigan. The St. Joseph Records lobby is lobby is open Monday through Friday, 9:00 a.m. - 4:00 p.m., by appointment only. Appointments can be made by emailing the Sheriff Records Department or by calling 269-983-7141, extension 7211.

The Niles Sub-station office is located at 1205 North Front Street, Niles, Michigan 49120. 

The Records Bureau at the Sheriff's Office is closed on all County holidays.  We apologize for your inconvenience.

2. How much does it cost to get copies of reports?

Accident reports - $10.00

Incident Reports - A FOIA Request needs to be filed and price is based on length of report.

3. Can I get an accident report online?

https://www.buycrash.lexisnexisrisk.com - $12.00 fee from website

4. How can I get fingerprinted?

CPL fingerprints will be done (by appointment only) Tuesday through Friday.  The fee for fingerprinting is $15.00.  CPL applications need to be turned in to the County Clerk’s Office prior to fingerprinting.  Records will need the receipt from the County Clerk’s Office and valid Michigan I.D.

5. Can I get a copy of someone else's arrest records?

Yes.  Anyone can request someone else’s arrest records under FOIA. 

6. Can I find out if I'm wanted?

Yes.  The best way to find out if you have a valid warrant is to appear in person to any local police department with I.D.   We cannot verify your identity over the phone.

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Tornadoes & Thunderstorms

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1. What is a severe thunderstorm?

A severe thunderstorm produces large hail that is one inch in diameter or larger, damaging winds of 58 mph or greater, and/or a tornado.

2. What is a tornado?

A tornado is a column of violently rotating winds extending down from a thunderstorm cloud and touching the surface of the earth.

3. What is the difference between a tornado and a funnel cloud?

A funnel cloud is also a column of violently rotating winds extending down from a thunderstorm; however, it does not touch the earth as a tornado does.

4. How many tornadoes usually occur in Michigan every year?

Michigan experiences an average of 15 tornadoes annually. Since 1950, 243 persons have been killed due to tornadoes. During this same time, Michigan has experienced 1,009 tornadoes.

5. When do tornadoes generally occur?

Most tornadoes occur during the months of May, June, July, and August primarily in the late afternoon and evening hours. However, tornadoes can occur anytime of the day or night in almost any month during the year.

6. How fast do tornadoes travel?

Tornadoes generally travel from the southwest at an average speed of 30 mph. However, some tornadoes have very erratic paths, with speeds approaching 70 mph.

7. How far do tornadoes travel once they touch the ground?

The average Michigan tornado is on the ground for less than 10 minutes and travels a distance of about five miles. However, they do not always follow the norm and have been known to stay on the ground for more than an hour and travel more than 100 miles.

8. When is a tornado or severe thunderstorm watch issued?

A tornado or severe thunderstorm watch is issued whenever conditions exist for severe weather to develop. Watches are usually for large areas about two-thirds the size of Lower Michigan and are usually two-to-six hours long. Watches give you time to plan and prepare.

9. When is a tornado or severe thunderstorm warning issued?

• The local National Weather Service (NWS) office issues a tornado warning whenever NWS Doppler Radar indicates a thunderstorm is capable of producing a tornado or when a tornado has been sighted by a credible source. A severe thunderstorm warning is issued whenever a severe thunderstorm is observed or NWS Doppler Radar indicates a thunderstorm is capable of producing damaging winds or large hail.
• Warnings are issued for even smaller areas, such as parts of counties. These “storm-based” NWS warnings are issued for the threatened area in a shape of a polygon. The “polygon” warnings only include sections of a county or group of counties and usually last for 30 to 90 minutes in length. You must act immediately when you first hear the warning. If severe weather is near you, seek shelter immediately. If not, keep a constant lookout for severe weather and stay near a shelter.

10. What is a special marine warning?

The NWS will issue a special marine warning for the Great Lakes and the connecting waterways when a strong or severe thunderstorm develops or moves over the water. The special marine warning is issued for boaters, both recreational and commercial. For residents and visitors of Michigan’s many coastal communities, the special marine warning provides valuable information about a storm that is about to move onshore.

11. How do I find out about a warning if my electricity is already out?

A NOAA Weather Radio All Hazards with battery back-up capability is your best source to receive the warning. In some areas, civil emergency sirens may be your first official warning. In addition, if your television or radio has battery back-up capability, you may receive NOAA’s National Weather Service warnings from local media.

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Traffic Court

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1. If I want to pay my civil infraction traffic ticket, what do I do?

Read the information and follow the directions provided on the back of the traffic ticket and on the fines and costs sheet you received from the police officer. If your traffic offense is listed on the fines and costs sheet, you may pay the ticket by mail (exceptions will be noted) within 10 calendar days of the date on the ticket.

Sign the back of the ticket in the appropriate place, make your personal check, money order, or certified check out to the Fifth District Court, and mail the signed ticket / citation and payment to the court address on the front of the ticket.

If your offense is not listed on the fines and costs sheet or you have questions, call the court at 269-982-8680. Pay your ticket with a credit card via the internet or phone!

2. If I want to deny responsibility for my civil infraction traffic ticket what do I do?

Read the information on the back of the ticket. In the third box, circle #1 if you want an informal hearing before a magistrate or circle #2 if you want a formal hearing before a judge. Sign your name in the box and return your ticket copy to the court within 10 calendar days from the date that you were issued the ticket. The court address is on the front of the ticket. In two or three weeks you will receive a notice in the mail with a hearing date for you to appear at the court. If you have questions, call the court at 269-982-8680 if your ticket has a court address in St. Joseph, MI. Call 269-684-5274 if your ticket has a court address in Niles, MI.

3. If I want to plead not guilty to my misdemeanor traffic ticket what do I do?

You must appear in person at the court within 10 calendar days of the date on the ticket. If you would like to plead not guilty by mail send a letter to be received by the court within 10 calendar days of the date on the ticket with that request. Include a copy of your ticket along with your request. If you have questions, call the court at 269-982-8680 for a ticket with a court address in St. Joseph, MI, call 269 684-5274 for a ticket with a court address in Niles, MI.

4. Do I have to appear in court if I gave the police officer money when they gave me the traffic ticket?

The money you gave the police officer is your bond money. If you decide to pay the ticket within 10 calendar days, that money will be applied to the total amount of fines and costs that you owe. Refer to the question that asks about paying a ticket for directions.

If you deny responsibility or plead not guilty your bond money will be held in trust at the court until your case reaches a final disposition.

5. Is there a warrant for my arrest?

If a police agency contacts you and advises you that a warrant has been issued for your arrest, you must appear in court for arraignment. The police agency will advise you when to appear for arraignment, either in St. Joseph at the courthouse or in Niles at the South County Building. However, you may be arrested at any time prior to arraignment.

If, in the past, you were given or received a notice to appear in court for a hearing on a specific date and time for a misdemeanor criminal offense, a misdemeanor traffic offense, or a felony offense and you didn't appear, a bench warrant was issued for your arrest. You must appear for arraignment either in St. Joseph at the courthouse or in Niles at the South County Building. Call the court at 269- 982-8682 in St. Joseph or 269-684-5274 in Niles. You may be arrested at any time prior to arraignment.

6. May I go to a court ordered or sponsored traffic school so I don't get points on my driver's license?

No, the Berrien County Trial Court does not have legal authority to order a traffic school in lieu of points on your driver's license.

7. What if I've already received an extension on my traffic ticket but I still need more time?

Appear in person on or before your extension due date and explain the situation to the traffic clerk who may refer you to a magistrate. Second extensions are not granted over the phone without extenuating circumstances.

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Trial Court Enforcement

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1. How can I make a payment?

You can pay by mail, online, or in person. Visit our payment page for more information.

2. I thought doing time in Jail / Prison took care of my balance owed?

Assessment of costs is in addition to incarceration. Jail and prison time is not done in place of paying costs.

3. This is over 7 years old, how can you still try to collect?

Assessments made by the court are due until paid in full. They do not go away as there is no statute of limitations in Michigan.

4. I filed for Bankruptcy, why do I still owe this?

Bankruptcy does not erase court debts.

5. How can I get an Order to Remit Prisoner Funds Cancelled?

The only way an Order to Remit Prisoner Funds will be cancelled is to have the case paid in full.

6. How do I know how much the prison has taken / paid?

Questions regarding the withholding of funds by the prison(s) must be directed to the prison.

7. I am a victim who has restitution coming how / when will I get my money.

If defendant makes a payment to restitution in which the victim is entitled the restitution is disbursed monthly on the third Thursday of the month. It is disbursed by check and mailed via United States Postal Service. We cannot do direct deposit and it cannot be put on your US Bank debit card (child support).

8. Why is my balance higher?

A license suspension fee of $45 may have been added if not paid timely.

A 20% late fee is assessed once after costs are added to the case and no payment has been received for a period of 56 days.

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Victim Compensation

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1. Can you be helped?

 Yes, if you are:

• A person who was injured as a direct result of a crime in Michigan
• A person who was injured while trying to help a crime victim
• A surviving spouse, parent, child, grandparent, grandchild, brother, or sister of a person who dies as a direct result of a crime
• A Michigan resident injured in another state that doesn't pay compensation for a non-resident
• A Michigan resident injured outside the U.S. by an act of international terrorism

2. What kind of financial help may be available?

Injury-related expenses that a person must legally pay and other eligible losses that can be provided with supporting papers and other evidence.

For the injured person:

• Hospital bills and medical expenses
• Loss of earnings, rehab, and remedial services
• Counseling for the injured person and family members
• Replacement services needed because of the person's injury

For a survivor:

• Funeral and burial expenses
• Loss of support for legal dependents of the person who died
• Grief counseling for the family
• Hospital and medical bills for the person who died if the survivors must legally pay them

A person must have at least $200 in out-of-pocket expenses or two continuous weeks' loss of earnings or support. These limits are excused for retired or disabled persons and for emergency room medical exams of rape victims

3. What are the limits on payments?

• $15,000 is the maximum payment.
• $200 a week is the maximum payment for lost earnings or support.
• $2,000 is the maximum funeral payment. This may include $500 for grief counseling for the spouse, children, parents, or brothers and sisters of the person who died.
• 26 hours of psychological counseling for the injured person at up to $80 an hour for a licensed therapist or counselor. Up to $95 an hour for a licensed psychologist or physician.

4. What's not covered?

• Property loss or damage
• Pain and suffering
• Crime scene clean-up
• Relocation costs, living expenses, or the costs of participating in a trial
• Loss of earnings for an injured person's family members
• In traffic cases crime victims compensation is limited to the unpaid balance on funeral expenses after no-fault insurance pays

5. What's not covered?

• Property loss or damage
• Pain and suffering
• Crime scene clean-up
• Relocation costs, living expenses, or the costs of participating in a trial
• Loss of earnings for an injured person's family members
• In traffic cases crime victims compensation is limited to the unpaid balance on funeral expenses after no-fault insurance pays

6. Are there other benefits?

Crime Victims Compensation always pays last. All other public funds and private insurance payments that a person is eligible for or becomes eligible for must be paid and reported to the program before compensation can be considered.

Important:

• A report must be made to police within 48 hours after the injury unless there is a good reason for a delay or the injured person is a child.
• The victim must be willing to cooperate with the police and the prosecutor.
• A person cannot have committed or be an accomplice to the crime.
• Inmates are not eligible.
• A claim will be rejected if the victim caused the injury or was doing something illegal and dangerous at the time of injury.

7. How can I get an application?

Applications are available from the commission's office, county prosecuting attorneys, victim assistance agencies, state police posts, and other agencies and care providers. Send the fully completed application to:
Crime Victim Services Commission
320 S Walnut
Lansing, MI 48913
Phone: 517-373-7373

8. When should I file your claim?

• Within one year of the date of the injury
• Claims for child abuse should be filed within one year of the report to the police and before the child's 19th birthday
• When the cause of injury is first thought to be accidental or natural and then discovered to be criminal, the claim must be filed within one year of the discovery
• A longer time to file a claim will be allowed after a written request shows good reason. Good reason could be that the victim was a child or injuries were more serious than first thought or if someone helping the victim didn't follow through with the claim
• You don't have to wait until the investigation or trial is over
• You don't need a lawyer. If you use a lawyer, it is at your own expense

9. What do I need to send in?

• A fully completed application.
• Itemized copies of all bills you want to claim. If you will need more medical treatment, see if your doctor can give a written estimate of future expenses.
• If you have insurance or Medicare, send copies of your insurance benefit statements for all expenses.
• For lost earnings, send copies of recent payroll check stubs and a disability statement from your doctor.
• For burial assistance, send a copy of the signed itemized funeral bill.
• For counseling, ask your therapist for the assessment, a treatment plan, and an itemized billing or estimate. Your therapist can send in the claim for you, if they wish.
• For loss of support, send check stubs or the last tax return of the person who died, the social security survivor's benefit and life insurance statements.
• If you're not sure what to send, just send in your completed application and we'll let you know what is needed.

10. How does the claim process work?

• Your application is looked over for completeness. Be sure to complete all sections. An inaccurate form will be returned to you with a list of the papers and other information needed.
• Your claim is assigned a claim number and we notify your Prosecuting Attorney that you filed a claim. We send for police reports and other papers we may need.
• All papers and records received in our office are reviewed by a claim specialist. How long it takes depends on how accurate and complete your application is, and how long it takes to get other information we need to investigate.
• You will receive a written decision with the record and findings of your claim. If your claim is approved, the decision will show itemized payments and payments will be made within a few days. If you owe money to your medical providers, we will pay the providers. If your claim is denied, the legal reason for the denial will be explained to you.

11. What if my claim is turned down?

You have 30 days to write to us to disagree. You may ask for a review of the file or a hearing before the commission in Lansing. The decision by the commission is final.

12. Am I entitled to confidentiality?

A person's papers and testimony before the commission are private. We may tell only whether a person's claim was approved or denied. Any other information will only be released by a court order.

13. Who pays for this compensation?

Money to support this service is paid by criminal defendants convicted in Michigan's courts. The State also receives money to help crime victims from criminal fines collected in federal courts.

14. What happens if I give false information?

It's a crime to give false information to try to get money from the state. Many safeguards are in place to protect crime victim funds. We will forcefully pursue the arrest and conviction of anyone trying to cheat crime victims from the money the State of Michigan provides for them.

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Vital Records - Marriage, Birth, Death

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1. How can I obtain a certified copy of my birth record?

There are 3 ways to obtain a copy of your birth record:

1. In person
2. By mail
3. Online

Visit our Birth Record Requests page for easy-to-follow instructions.

2. Can I purchase a certified copy of a birth record over the phone?

You may order your birth record securely over the phone through VitalChek at 888-243-0055. Payments for records ordered through VitalChek are made by credit card. Please keep in mind that orders placed over the phone are facilitated through a third party, fees will differ from those we offer directly through us in the office or by mail.

3. Can you fax or email a birth certificate to me?

No. In order to protect your identity, we are unable to send records electronically by email or fax.

4. How much does it cost to purchase a birth certificate?

The cost for a certified copy is $13 for the first copy and $4 for each additional copy of the same record purchased at the same time.

Senior citizens aged 65 or older may purchase their own record at the  cost of $5 for the first copy and $4 for each additional copy of the same record purchased at the same time.

5. Can I request a copy of my parent, sibling, or spouse’s birth certificate?

No. In Michigan, birth records that are less than 100 years old are considered “closed records” and by law may only be obtained by:

• The person or parent(s) named on the record
• Legal representative (Must produce court-certified guardianship papers)
• Heir (Must provide death certificate and proof of relationship)
• Court of competent jurisdiction

6. What kind of identification is required to receive a birth certificate?

We will accept a current valid driver's license, state-issued photo identification card or passport.

If you don’t have current identification, we are happy to work with you to find other ways to verify your identity. Without a current, state issued identification card, you will need to provide at least three pieces of documentation from different sources that will verify your name and date of birth. Please see the back of the request form for suggested items.

Please note: We cannot use a Social Security Card, junk mail or matricula consular cards.

7. What death certificates do you have on file?

We have death certificates for anyone who has passed away in Berrien County. The years we have on file range from 1867 to the present.

8. Who can purchase a death certificate?

Death certificates are open to the public, anyone can purchase one.

9. Do I need identification to purchase a death certificate?

No identification is required to purchase a death certificate.

10. How long does it take to get a death certificate?

If you come in to our office, it only takes about 5 minutes. You can also order one online through VitalChek, or order through the mail. A death certificate request form (PDF) is available online.

11. Does the location of death matter?

Yes! If the person whose death certificate you are wanting lived in Berrien County, but passed away somewhere other than Berrien County, we would not have that Death Certificate on file. It would be located in the County where that person passed away. We only have death records for individuals who passed away in Berrien County.

12. What do I do if I’m getting married in Berrien County?

If you live in Michigan: you must apply for a marriage license in the county you live in, and then you can get married anywhere in the State of Michigan.

If both of you live out-of-state: you must apply for a marriage license in the county you wish to be married in.

Marriage Licenses can be obtained by applying in person at the County Clerk’s office or online through our website.

13. We applied for our marriage license online, do we both have to be present to pick it up?

Yes, both people have to appear in person with valid ID to pick up the license if applied for online.

This way, we are able to validate and copy each ID as well as make any changes necessary to the marriage license before the wedding – we can make any changes before the marriage license is signed at the wedding but once the couple is married, it takes a court order at the couple’s expense to get the licenses changed or fixed.

14. We recently moved or are going to move after we get married, do we put our new / current address on the marriage application?

The addresses on the marriage license and driver’s licenses need to match. The best option is to update the driver’s license before applying to get married to ensure the address is current.

15. What documents do we need when applying for a marriage license?

The only documentation needed to apply for a marriage license are valid ID’s for both individuals getting married.

16. How much does a marriage license cost?

The cost of a marriage license is $20 for Berrien County residents and $30 for out-of-state residents.

17. How long is the marriage license valid?

Every marriage license is valid for 33 days from the day it is applied for. This number includes the three day waiting period, so once the marriage license is picked up (after three days from applying), it will be valid for 30 days. We recommend applying 1-2 weeks before the anticipated date of marriage.

18. What do I do if I want to get married at the Courthouse?

Wedding ceremonies at the Berrien County Courthouse are conducted by the Berrien County Trial Court Judges and Magistrates on the first floor. Couples who wish to be married at the Courthouse must pre-schedule the ceremony at 3:30, 3:45 or 4:00 p.m., Wednesday, Thursday or Friday (except holidays) by calling 269-982-8610. The fee is $10.

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Witness of Crimes

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1. Why am I a witness? I didn't see the crime occur.

Witnesses are not limited to "eye witnesses". You may have seen or heard the crime happen or may know something about it. You may also know something about a piece of evidence, or may know something that contradicts another witness' testimony. You may not think that what you know about the case is very significant; however, small pieces of information are often required to determine what really happened. If you wonder "why" you are testifying in a particular case, ask the Assistant Prosecutor handling it (or your Witness Coordinator); there is probably a common-sense reason.
Your presence and willingness to testify may be the deciding factor in determining what will be done in the case. Many defendants hope that you or other witnesses will not show up. Your mere presence at the Courthouse before the trial may cause the defendant to plead guilty.

2. What if someone threatens me?

Concerns about your well-being and safety after being victimized or witnessing a crime are normal. If you have any fears or receive any threats concerning your involvement in a case, you should immediately contact the law enforcement agency that investigated the case, or the Prosecuting Attorney's Office. In an emergency situation, call 911. Do so as soon as possible so that the threats can be documented and appropriate action taken. There are laws to protect you against people who attempt to bribe, intimidate, threaten, or harass you.

3. What if the defense attorney contacts me?

In representing a client, a defense attorney may contact you and want to talk to you about the case. Keep in mind that you do not have to talk to anyone about the case, including the defense attorney or their investigator prior to testifying in court. If you choose to do so, always request proper identification and an explanation of the purpose of the interview. If you have any concerns about talking with a defense attorney or their investigator, you are encouraged to contact the Assistant Prosecuting Attorney in charge of your case and to have him/her with you at the time of the interview.

4. Do I have to testify in front of the defendant?

The defendant must be present in court to hear what all the witnesses say about him or her. The lawyer for the defendant is called the defense attorney and will ask you questions after the Assistant Prosecuting Attorney does. If the defendant has a lawyer, the defendant will not be permitted to speak to you.

5. Who will be with me in court?

You may bring friends or relatives with you to court, and they can probably sit in the courtroom while you testify, unless they are also witnesses. (Witnesses testify one at a time and generally wait outside the courtroom for their turn. This is called "sequestration".) Your Victim/Witness Advocate may also be with you, if you request.

6. How long will I be at court

Your court room time, while actually testifying, may not take long; it depends upon many factors. Most of the time you will just be waiting for your turn to testify. You and your family and friends are encouraged to bring a book or magazine to read while you wait.

7. How many times will I have to appear in court?

No one can tell in advance how many times or how long you will have to be in court. The process of justice takes time. The number of times you may be called to appear in court and the delays you may encounter are the result of many factors, including pre-trial motions or other scheduled events with your case, or congestion on the judge's court calendar.
The stages involved in processing a criminal case are summarized on our Steps in a Criminal Case page. In general, your first and only appearance for misdemeanor offenses will be for the actual trial. In a felony case, the first time you appear as a witness may be for the preliminary examination. On rare occasions, pre-trial motions by the defense attorney or by the prosecuting attorney may require additional hearings before the trial begins, which may require witness testimony.

8. What if my employer won't let me come to court?

If you are lawfully subpoenaed to court, an employer cannot prevent court attendance. When appropriate, the Prosecuting Attorney's Office will contact your employer to discuss the importance of your role as a witness. We can also provide you with a note, on our letterhead, confirming the days/hours when you were in court.

9. Can I get witness fees whether or not I attend on the date stated in the subpoena? What if I can't attend on the date stated in the subpoena?

Whether a witness receives any witness fee is within the discretion of the court. A court can order that you receive witness fees ($6 per morning/afternoon or $12 for a full day court session that you are ordered to attend), plus mileage ($0.10 per mile, round trip). If you have a date conflict, you should contact your Prosecuting Attorney's Witness Coordinator immediately to discuss your conflict. In some cases, the Prosecuting Attorney handling the case can put you "on call" (so that you can go to work or school on the day you are subpoenaed, and you will be called at a pre-arranged phone number an hour or so before you are needed in court). Witnesses receive witness fees and mileage only when they appear in court at the scheduled time. You will not receive a witness fee or mileage if your case (or your individual appearance) was "called off" or if you do not appear.

10. How do I know if my case has been "called off"?

Call your Prosecuting Attorney's office. Some offices use a daily witness "hotline".

11. I was subpoenaed by the defendant, not the prosecutor. Does this change anything?

Your Prosecuting Attorney's Witness Assistance program helps the witnesses that the Prosecutor's office subpoenas to court, not witnesses who the defendant subpoenas.

12. What if I need an interpreter?

Foreign language interpreters and interpreters for the hearing and/or speech impaired are available. If you are in need of interpreting services while in attendance at court, contact your Prosecuting Attorney's Witness Coordinator as soon as possible.