2023-2024 LEGISLATION
HCR 6 (Wilson) A concurrent resolution to approve the State Officers Compensation Commission determinations.
POSITION: Support.
IN THE HALL OF JUSTICE
Proposed Amendments of Rules 2.107 and 3.203 of the Michigan Court Rules (ADM File No. 2020-08) – Service and Filing of Pleadings and Other Documents; Service of Notice and Court Documents in Domestic Relations Cases.
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Support ADM File No. 2020-08 with an amendment to provide that, while parties represented by counsel should be required to opt out of electronic service, parties proceeding pro se should be required to opt in to electronic service.
Proposed Amendments of Rules 3.207 and 3.210 of the Michigan Court Rules (ADM File No. 2021-27) – Ex Parte, Temporary, and Protective Orders; Hearings and Trials.
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Support ADM File No. 2021-27 with the following amendments:
1. Strike “If a hearing date was set in the order, the court may cancel the hearing” from proposed MCR 3.207(B)(5)(a).
2. Reword MCR 3.207(B)(6) to read as follows: “3. The ex parte order will automatically become a temporary order if you do not file a written objection or motion to modify or rescind the ex parte order. The hearing scheduled in the order will take place regardless of whether an objection or motion is filed. Even if an objection or motion is filed, the ex parte order will remain in effect and must be obeyed unless changed by a later court order.”
3. Reword MCR 3.207(B)(5)(b) as follows: “If a party files a motion to rescind or modify the ex parte order without filing an objection, the court must hold an evidentiary hearing and resolve the dispute within 21 days of the motion to rescind or modify being filed or on the hearing date specified in the ex parte order, if any.”
4. Reword MCR 3.207(B)(1)(a) as follows: “(a) A verified motion or pleading that requests an ex parte custody or parenting time order or that requests a change of custody or parenting time must include the following information: (i) facts establishing whether the child has an established custodial environment with either parent, or both parents, or neither parent; and”
Proposed Amendment of Rule 6.302 of the Michigan Court Rules (ADM File No. 2022-59) – Pleas of Guilty and Nolo Contendere (See Michigan Bar Journal October 2024, p 56).
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Support ADM File No. 2022-59 with an amendment striking “after” and inserting “before” in the proposed language of MCR 6.302(G).
Proposed Amendment of Rule 6.433 of the Michigan Court Rules (ADM File No. 2023-07) – Documents for Postconviction Proceedings; Indigent Defendant (See Michigan Bar Journal October 2024, p 56).
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Oppose.
Proposed Amendment of Rule 6.509 of the Michigan Court Rules (ADM File No. 2022-51) – Appeal.
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Support.
Proposed Amendments of Rules 6.508 and 6.509 of the Michigan Court Rules (ADM File No. 2022-57) – Procedure; Evidentiary Hearing; Determination; Appeal.
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Support.
Proposed Amendments of Rules 7.212, 7.305, and 7.312 of the Michigan Court Rules (ADM File No. 2023-04) – Briefs; Application for Leave to Appeal; Briefs and Appendixes in Calendar Cases and Cases Argued on the Application.
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Support ADM File No. 2023-04 with the following amendments:
1. Eliminate the limit of 3,200 words proposed in MCR 7.305(F) and MCR 7.312(A)(2)(c);
2. replace “in support of or in opposition to” in MCR 7.305(F) with “in response to;”
3. add tribal governments, the Legal Services Association of Michigan, the Michigan State Planning Body, and legal services programs that are annual grantees of the federal Legal Services Corporation or the Michigan State Bar Foundation to the list of those who are not required to file a motion for leave or receive an invitation to file an amicus brief in MCR 7.212 and 7.312.
Proposed Amendment of Rule 1.6 and Comment of the Michigan Rules of Professional Conduct (ADM File No. 2023-25) – Confidentiality of Information (See Michigan Bar Journal October 2024, p 57).
STATUS: Comment period expires Jan. 1, 2025; public hearing to be scheduled.
POSITION: Oppose ADM File No. 2023-25 as drafted but support the concept.