ADM File No. 2002-37Amendment of Rule 1.109of the Michigan Court Rules
On order of the Court, this is to advise that the amendment of Rule 1.109 of the Michigan Court Rules is adopted, effective immediately. Concurrently, individuals are invited to comment on the form or the merits of the amendment during the usual comment period. The Court welcomes the views of all. This matter also will be considered at a public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
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Rule 1.109 Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access
(A)-(F) [Unchanged.]
(G) Electronic Filing and Service.
(1)-(2) [Unchanged.]
(3) Scope and Applicability.
(a)-(c) [Unchanged.]
(d) Converting Paper Documents. The clerk of the court shall convert to electronic format certainany documents filed on paper in accordance with the electronic filing implementation plans established by the State Court Administrative Office.
(e)-(l) [Unchanged.]
(4)-(7) [Unchanged.]
(H) [Unchanged.]
Staff Comment (ADM File No. 2002-37): The amendment of MCR 1.109 provides SCAO the flexibility to determine, when appropriate, when certain documents filed on paper do not need to be imported into the MiFILE document management system until bulk e-filing capability is available.
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.
A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by January 1, 2023, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When submitting a comment, please refer to ADM File No. 2002-37. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2002-37Retention of Amendment of Rule 1.109 of the Michigan Court Rules
On order of the Court, notice and opportunity for comment having been provided, the April 13, 2022, amendment of Rule 1.109 of the Michigan Court Rules is retained.
ADM File No. 2016-10Proposed Amendments of Rules 2.002 and 7.109 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering amendments of Rules 2.002 and 7.109 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
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Rule 2.002 Waiver of Fees for Indigent Persons
(A) Applicability and Scope.
(1) [Unchanged.] (2) Except as otherwise provided in subrule (I), for the purposes of this rule, “fees” applies only to fees required by MCL 600.857, MCL 600.880, MCL 600.880a, MCL 600.880b, MCL 600.880c, MCL 600.1027, MCL 600.1986, MCL 600.2529, MCL 600.5756, MCL 600.8371, MCL 600.8420, MCL 700.2517, MCL 700.5104, and MCL 722.717. It also includes the cost of preparing a transcript for appeal.
(3)-(5) [Unchanged.]
(B)-(L) [Unchanged.]
Rule 7.109 Record on Appeal
(A) [Unchanged.]
(B) Transcript.
(1) Appellant’s Duties; Orders; Stipulations.
(a) The appellant is responsible for securing the filing of the transcript as provided in this rule. Unless otherwise provided by circuit court order or by subrule (e), or this subrule, the appellant shall order the full transcript of testimony and other proceedings in the trial court or agency. Under MCR 7.104(D)(2), a party must serve a copy of any request for transcript preparation on the opposing party and file a copy with the circuit court.
(b)-(d) [Unchanged.]
(e) If the court finds that the appellant from an agency decision is receiving public assistance, represented by a legal services program, or indigent as described in MCR 2.002(C), (D), or (F), the court must order transcripts prepared at public expense.
(C)-(I) [Unchanged.]
Staff Comment (ADM File No. 2016-10): The proposed amendments of MCR 2.002 and 7.109 would allow for waiver of appellate transcript fees for indigent individuals.
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.
A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by January 1, 2023, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When sub mitting a comment, please refer to ADM File No. 2016-10. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2020-33Amendment of Rule 3.903 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 3.903 of the Michigan Court Rules is adopted, effective January 1, 2023.
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Rule 3.903 Definitions
(A) General Definitions. When used in this subchapter, unless the context otherwise indicates:
(1)-(18) [Unchanged.]
(19) “Party” includes the
(a) petitioner and juvenile in a delinquency proceeding,;
(i) the petitioner and juvenile.
(b) petitioner, child, respondent, and parent, guardian, or legal custodian in a protective proceeding,.
(i) the petitioner, child, and respondent
(ii) the parent, guardian, or legal custodian.
(20)-(27) [Unchanged.]
(B)-(F) [Unchanged.]
Staff Comment (ADM File No. 2020-33): The amendment of MCR 3.903 clarifies the definition of a “party” in child protective proceedings.
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.
ADM File No. 2021-13Amendment of Rule 8.119of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 8.119 of the Michigan Court Rules is adopted, effective January 1, 2023.
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Rule 8.119 Court Records and Reports; Duties of Clerks
(A)-(B) [Unchanged.]
(C) Filing of Documents and Other Materials. The clerk of the court shall process and maintain documents filed with the court as prescribed by Michigan Court Rules and the Michigan Trial Court Records Management Standards and all filed documents must be file stamped in accordance with these standards. The clerk of the court may only reject documents submitted for filing that do not comply with MCR 1.109(D)(1) and (2), are not signed in accordance with MCR 1.109(E), or are not accompanied by a required filing fee or a request for fee waiver under MCR 2.002(B), unless already waived or suspended by court order. Documents prepared or issued by the court for placement in the case file are not subject to rejection by the clerk of the court and shall not be stamped filed but shall be recorded in the case history as required in subrule (D) (1)(a) and placed in the case file.
(D)-(L) [Unchanged.]
Staff Comment (ADM File No. 2021-13): The amendment of MCR 8.119 clarifies that a request for a fee waiver must be filed in accordance with MCR 2.002(B), which requires the request to be made on a form approved by the State Court Administrative Office.
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.
ADM File No. 2021-16 Amendment of Rule 7.305 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 7.305 of the Michigan Court Rules is adopted, effective January 1, 2023.
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Rule 7.305 Application for Leave to Appeal
(A)-(B) [Unchanged.]
(C) When to File.
(1) [Unchanged.]
( 2) Application After Court of Appeals Decision. Except as provided in subrule (C)(4), the application must be filed within 28 days in termination of parental rights cases, within 42 days in other civil cases, or within 56 days in criminal cases, after:
(a)-(d) [Unchanged.]
(3)-(7) [Unchanged.]
(D)-(I) [Unchanged.]
Staff Comment (ADM File No. 2021-16): The amendment of MCR 7.305 increases the 28-day time frame for filing an application for leave to appeal in cases where parental rights have been terminated.
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.
ADM File No. 2021-17 Rescission of Administrative Order No. 1998-1 and Amendment of Rule 2.227 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, Administrative Order No. 1998-1 is rescinded and the amendment of MCR 2.227 of the Michigan Court Rules is adopted, effective January 1, 2023.
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Rule 2.227 Transfer of Actions on Finding of Lack of Jurisdiction
(A) Transfer to Court Which Has Jurisdiction. Except as otherwise provided in this rule, wWhen the court in which a civil action is pending determines that it lacks jurisdiction of the subject matter of the action, but that some other Michigan court would have jurisdiction of the action, the court may order the action transferred to the other court in a place where venue would be proper. If the question of jurisdiction is raised by the court on its own initiative, the action may not be transferred until the parties are given notice and an opportunity to be heard on the jurisdictional issue.
(B) Transfers From Circuit Court to District Court.
(1) A circuit court may not transfer an action to district court under this rule based on the amount in controversy unless:
(a) the parties stipulate in good faith to the transfer and to an amount in controversy not greater than the applicable jurisdictional limit of the district court; or
(b) from the allegations of the complaint, it appears to a legal certainty that the amount in controversy is not greater than the applicable jurisdictional limit of the district court.
(B)-(C) [Relettered (C)-(D) but otherwise unchanged.]
(ED) Procedure After Transfer.
(1) The action proceeds in the receiving court as if it had been originally filed there. If further pleadings are required or allowed, the time for filing them runs from the date the filing fee is paid under subrule (DC)(1). The receiving court may order the filing of new or amended pleadings. If part of the action remains pending in the transferring court, certified copies of the papers filed may be forwarded, with the cost to be paid by the plaintiff.
(2) [Unchanged.]
(3) A waiver of jury trial in the court in which the action was originally filed is ineffective after transfer. A party who had waived trial by jury may demand a jury trial after transfer by filing a demand and paying the applicable jury fee within 28 days after the filing fee is paid under subrule (DC)(1). A demand for a jury trial in the court in which the action was originally filed is preserved after transfer.
(E) [Relettered (F) but otherwise unchanged.]
Staff Comment (ADM File No. 2021-17): The rescission of Administrative Order No. 1998-1 and amendment of MCR 2.227 moves the relevant portion of the administrative order into court rule format and makes the rule consistent with the holding in Krolczyk v Hyundai Motor America, 507 Mich 966 (2021).
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.
ADM File No. 2021-18 Amendment of Rule 3.943 of the Michigan Court Rules
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 3.943 of the Michigan Court Rules is adopted, effective January 1, 2023. [Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 3.943 Dispositional Hearing
(A)-(D) [Unchanged.]
(E) Dispositions.
(1)-(6) [Unchanged.]
(7) Mandatory Detention for Use of a Firearm.
(a)-(b) [Unchanged.]
(c) “Firearm” includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosivemeans any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion, except any smoothbore rifle or hand gun designed and manufactured exclusively for propelling BB’s not exceeding. 177 caliber by means of spring, gas, or air.
Staff Comment (ADM File No. 2021-18): The amendment of MCR 3.943 updates the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g.
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.
ADM File No. 2021-32 Proposed Amendment of Rule 6.112 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering an amendment of Rule 6.112 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
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Rule 6.112 The Information or Indictment
(A)-(E) [Unchanged.]
(F) Notice of Intent to Seek Enhanced Sentence. A notice of intent to seek an enhanced sentence pursuant to MCL 769.13 must list the prior convictions that may be relied upon for purposes of sentence enhancement. The notice must contain, if applicable, any mandatory minimum sentence required by law as a result of the sentence enhancement. The notice must be filed within 21 days after the defendant’s arraignment on the information charging the underlying offense, or arraignment is waived or eliminated as allowed under MCR 6.113(E) within 21 days after the filing of the information charging the underlying offense.
(G)-(H) [Unchanged.]
Staff Comment (ADM File No. 2021-32): The proposed amendment of MCR 6.112 would require that the notice of intent to seek an enhanced sentence contain any mandatory minimum sentence required by law as a result of the enhancement.
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.
A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by January 1, 2023, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When submitting a comment, please refer to ADM File No. 2021-32. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2021-40
Proposed Amendment of Rule 5 of the Rules for the Board of Law Examiners
On order of the Court, this is to advise that the Court is considering an amendment of Rule 5 of the Rules for the Board of Law Examiners. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a
public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
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Rule 5 Admission Without Examination
(A) An applicant for admission without examination must
(1)-(6) [Unchanged.]
(7) Definitions. For purposes of this rule, the following definitions apply.
(a) “Full-time” is 21 or more hours per week.
(b) “Instructor” includes a clinical instructor. A clinical instructor is someone whose responsibilities include teaching and supervising law students in a clinic organized by an accredited law school.
(B)-(F) [Unchanged.]
Staff Comment (ADM File No. 2021-40): The proposed amendment of Rule 5 of the Rules for the Board of Law Examiners would define the terms “full-time” and “instructor” to clarify that clinical instructors may be admitted to the bar without examination.
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.
A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by January 1, 2023, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When filing a comment, please refer to ADM File No. 2021-40. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2021-49
Proposed Amendment of Rule 2.002 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.002 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
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Rule 2.002 Waiver of Fees for Indigent Persons
(A) Applicability and Scope.
(1)-(2) [Unchanged.]
(3) Waiver of filing fees for prisoners who are under the jurisdiction of the Michigan Department of Corrections is governed by MCL 600.2963 and as provided in this rule.
(3)-(5) [Renumbered (4)-(6) but otherwise unchanged.]
(B) Request for Waiver of Fees. A request to waive fees must accompany the documents the individual is filing with the court. If the request is being made by a prisoner under the jurisdiction of the Michigan Department of Corrections, the prisoner must also file a certified copy of their institutional account showing the current balance and a 12-month history of any deposits and withdrawals. The request must be on a form approved by the State Court Administrative Office entitled “Fee Waiver Request.” Except as provided in subrule (K), no additional documentation may be required. The information contained on the form shall be nonpublic. The request must be verified in accordance with MCR 1.109(D)(3)(b) and may be signed either
(1)-(2) [Unchanged.]
(C)-(F) [Unchanged.]
(G) Order Regarding a Request to Waive Fees. A judge shall enter an order either granting or denying a request made under subrules (E) or (F) within three business days and such order shall be nonpublic. If required financial information is not provided in the waiver request, the judge may deny the waiver. An order denying shall indicate the reason for denial. The order granting a request must include a statement that the person for whom fees are waived is required to notify the court when the reason for waiver no longer exists.
(1) The clerk of the court shall send a copy of the order to the individual. Except as otherwise provided in this subrule, iIf the court denied the request, the clerk shall also send a notice that to preserve the filing date the individual must pay the fees within 14 days from the date the clerk sends notice of the order or the filing will be rejected. If the individual is a prisoner under the jurisdiction of the Michigan Department of Corrections, the clerk’s notice shall indicate that the prisoner must pay the full or partial payment ordered by the court within 21 days from the date the clerk sends notice of the order or the filing will be rejected.
(2) De Novo Review of Fee Waiver Denials.
(a) Request for De Novo Review. Except as otherwise provided in this subrule, iIf the court denies a request for fee waiver, the individual may file a request for de novo review within 14 days of the notice denying the waiver. A prisoner under the jurisdiction of the Michigan Department of Corrections may file the de novo review request within 21 days of the notice denying the waiver. There is no motion fee for the request. A request for de novo review automatically stays the case or preserves the filing date until the review is decided. A de novo review must be held within 14 days of receiving the request.
(b)-(c) [Unchanged.]
(H)-(L) [Unchanged.]
Staff Comment (ADM File No. 2021-49): The proposed amendment of MCR 2.002 would provide procedural direction to courts regarding prisoner requests for fee waivers in civil actions.
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.
A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by January 1, 2023, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When submitting a comment, please refer to ADM File No. 2021-49. Your comments and the comments of others will be posted under the chapter affected by this proposal.