The information may be given in a writing that is made a part of the file or by the court on the record.
If an indigent defendant is without an attorney and has not waived the right to an appointed attorney, the court may not sentence the defendant to jail or to a suspended jail sentence.
If the defendant has not waived the right to counsel, the court must refer the matter to the appointing authority for the assignment of counsel.
Except as provided in subrule (F)(7), if the court uses a writing pursuant to subrule (F)(4)(b) or (c), the court shall address the defendant and obtain from the defendant orally on the record a statement that the rights were read and understood and a waiver of those rights. The waiver may be obtained without repeating the individual rights.
A "writing" includes digital communications, transmitted through electronic means, which are capable of being stored and printed.
If a defendant not represented by an attorney waives the preliminary examination, the court shall ascertain that the waiver is freely, understandingly, and voluntarily given before accepting it.
Mich. Ct. R. 6.610
Staff Comment (ADM File No. 2022-26): The amendments of MCR 6.425(D)(1)(c) and MCR 6.610(G)(1)(c) require a trial court, on the record before sentencing, to personally address the defendant regarding his or her allocution rights and to ensure that, if present at sentencing, the victim or the victim's designee has an opportunity to make an impact statement.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.