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35th District Court - Bench Warrants  

The bench warrant is used for initiating a proceeding for a contempt committed outside the immediate view and presence of the court on a proper showing on ex parte motion supported by affidavits. MCR 3.606(A).

The bench warrant is not an alternative to an arrest warrant. It is a remedy the court may pursue for contempt of court. When a defendant fails to comply with a court order, a contempt of court charge is authorized.

Do not confuse a bench warrant with an arrest warrant. Frequently, defendants misunderstand the difference and the reason for their arrest. Any time a defendant fails to appear in court pursuant to a summons, a bench warrant will be issued for his or her arrest. The court will also send a notice to the defendant’s last known address, advising the defendant of the bench warrant. Responsible defendants who receive this notice often come to court and turn themselves in (usually explaining that they mixed up their dates, forgot about the court date, or could not get transportation to court). This is referred to as a “walk-in” arraignment, in reference to their simply “walking in” to court to be arraigned.  Any arraigning magistrate will want to know what caused you to fail to come to court and will use this information in setting any bond.