# MCR 6.009: Rule 6.009. Use of Restraints on a Defendant

> Michigan · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_009

## Section

- **Citation:** MCR 6.009
- **Heading:** Rule 6.009. Use of Restraints on a Defendant
- **Jurisdiction:** Michigan
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Michigan Court Rules / Criminal Procedure / Michigan Court Rules / CH6 / MCR 6.009

## Text

(A) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and
leather restraints, and other similar items, may not be used on a defendant during a court
proceeding that is or could have been before a jury unless the court finds, using record
evidence, that the use of restraints is necessary due to one of the following factors:
(1) Instruments of restraint are necessary to prevent physical harm to the defendant or
another person.
(2) The defendant has a history of disruptive courtroom behavior that has placed others
in potentially harmful situations or presents a substantial risk of inflicting physical
harm on himself or herself or others as evidenced by recent behavior.
(3) There is a founded belief that the defendant presents a substantial risk of flight from
the courtroom.
(B) The court’s determination that restraints are necessary must be made outside the
presence of the jury. If restraints are ordered, the court shall state on the record or in
writing its findings of fact in support of the order.
(C) Any restraints used on a defendant in the courtroom must allow the defendant limited
movement of the hands to read and handle documents and writings necessary to the
hearing. Under no circumstances should a defendant be restrained using fixed restraints
to a wall, floor, or furniture.
(D) If the court determines restraints are needed, the court must order restraints that reflect
the least restrictive means necessary to maintain the security of the courtroom. A court
should consider the visibility of a given restraint and the degree to which it affects an
individual’s range of movement. A court may consider, but is not limited to considering,
participation by video or other electronic means; the presence of court personnel, law
enforcement officers, or bailiffs; or unobtrusive stun devices.

Chapter 6. Criminal Procedure
Chapter Updated July 31, 2026
Subchapter 6.100 Preliminary Proceedings

## Nearby sections

- [MCR 6.001 Rule 6.001. Scope; Applicability of Civil Rules; Superseded Rules and Statutes](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_001.md)
- [MCR 6.002 Rule 6.002. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_002.md)
- [MCR 6.003 Rule 6.003. Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_003.md)
- [MCR 6.004 Rule 6.004. Speedy Trial](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_004.md)
- [MCR 6.005 Rule 6.005. Right to Assistance of Lawyer; Advice; Appointment for Indigents; Waiver;](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_005.md)
- [MCR 6.006 Rule 6.006. Video and Audio Proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_006.md)
- [MCR 6.007 Rule 6.007. Confidential Records](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_007.md)
- [MCR 6.008 Rule 6.008. Criminal Jurisdiction](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_008.md)
- [MCR 6.009 Rule 6.009. Use of Restraints on a Defendant](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_009.md)
- [MCR 6.101 Rule 6.101. Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_101.md)
- [MCR 6.102 Rule 6.102. Warrants and Summonses](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_102.md)
- [MCR 6.103 Rule 6.103. Failure to Appear](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_103.md)
- [MCR 6.104 Rule 6.104. Arraignment on the Warrant or Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_104.md)
- [MCR 6.105 Rule 6.105. Voluntary Appearance](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_105.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_009. Check the current official text before relying on it. Not legal advice.