ADM File No. 2022-38Amendments of Rules 2.625, 7.115, 7.219, and 7.319 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 amendments of Rules 2.625, 7.115, 7.219, and 7.319 of the Michigan Court Rules are adopted, effective January 1, 2025.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 2.625 Taxation of Costs
(A)-(F) [Unchanged.]
(G) Stay of Collecting Taxed Costs. The court or the clerk must stay the enforcement of an award taxing costs to a prevailing party under subrule (F) until expiration of the time for filing an appeal in the appropriate appellate court, or if an appeal is filed, while a claim of appeal or application for leave to appeal in the appropriate appellate court is pending.
(G)-(K) [Relettered (H)-(L) but otherwise unchanged.]
Rule 7.115 Taxation of Costs; Fees.
(A)-(D) [Unchanged.]
(E) Stay of Collecting Taxed Costs. The clerk must stay the enforcement of an award taxing costs until expiration of the time for filing an appeal in the appropriate appellate court, or if an appeal is filed, while a claim of appeal or application for leave to appeal in the Court of Appeals is pending.
(E) [Relettered as (F) but otherwise unchanged.]
(GF) Taxable Costs and Fees. Except as otherwise provided by law or court rule, aA prevailing party may tax only costs awarded in the court below as permitted by MCL 600.2445(4) and the reasonable costs and fees incurred in the appeal, including:
(1)-(8) [Unchanged.]
Rule 7.219 Taxation of Costs; Fees
(A) [Unchanged.]
(B) Time for Filing. Within 4928 days after the dispositive order, opinion, or order denying reconsideration is mailed, the prevailing party may file a certified or verified bill of costs with the Court of Appeals clerk and serve a copy on all other parties. If the Supreme Court reverses the decision of the Court of Appeals, then within 28 days of the Supreme Court decision, the new prevailing party may file a certified or verified bill of costs with the Court of Appeals clerk and serve a copy on all other parties. Each item claimed in the bill must be specified. Failure to file a bill of costs within the time prescribed waives the right to costs.
(C)-(D) [Unchanged.]
(E) Stay of Collecting Taxed Costs. The clerk must stay the enforcement of an award taxing costs until expiration of the time for filing an application for leave to appeal in the Supreme Court, and if an application is filed, while the application in the Supreme Court is pending.
(E) [Relettered as (F) but otherwise unchanged.]
(GF) Costs Taxable. Except as otherwise provided by law or court rule, aA prevailing party may tax only costs awarded in the court below as permitted by MCL 600.2445(4) and the reasonable costs and fees incurred in the Court of Appeals, including:
(1)-(6) [Unchanged.]
(7) other expenses taxable under applicable court rules or statutes.
(G)-(I) [Relettered as (H)-(J) but otherwise unchanged.]
Rule 7.319 Taxation of Costs; Fees
(A) Rules Applicable. Unless this rule provides a different procedure, tThe procedure for taxation of costs in the Supreme Court is as provided in MCR 7.219.
(B) [Unchanged.]
(C) Taxation and Stay. The clerk will promptly verify the bill and tax those costs allowable. If the Supreme Court retains jurisdiction in a case, the clerk must stay the enforcement of an award taxing costs until the Supreme Court no longer has jurisdiction over the case.
(C)-(D) [Relettered as (D)-(E) but otherwise unchanged.]
Staff Comment (ADM File No. 2022-38): The amendments of MCR 2.625, 7.115, 7.219, and 7.319: (1) require courts to stay enforcement of taxed costs while an appeal is pending or until time for filing an appeal has passed, (2) expand the timeframe for filing a bill of costs in the Court of Appeals, (3) incorporate into MCR 7.219 the Court of Appeals internal operating procedure 7.219(B) that allows, upon reversal of a Court of Appeals decision, the new prevailing party to file a new bill of costs in the Court of Appeals, and (4) include in the lists of taxable costs those costs awarded in the lower court in accordance with MCL 600.2445(4).
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.
Zahra, J. and Viviano, J., would have declined to adopt.
ADM File No. 2024-06 Amendment of Rule 3.306 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 3.306 of the Michigan Court Rules is adopted, effective immediately.
[Additions to the text are indicated in underliningand deleted text is shown by strikeover.]
Rule 3.306 Quo Warranto
(A) [Unchanged.]
(B) Parties.
(1)-(2) [Unchanged.]
(3) Application to Attorney General.
(a) [Unchanged.]
(b) If, on proper application and offer of security, the Attorney General refuses to bring the action, the person may apply to the appropriate court for leave to bring the action himself or herself. The court must not grant leave under this subrule if the action relates to the offices of electors of President and Vice President of the United States.
(C)-(E) [Unchanged.]
Staff Comment (ADM File No. 2024-06): In accordance with MCL 600.4501(2), the amendment of MCR 3.306(B)(3)(b) prohibits a court from granting leave to a private individual who is bringing a quo warranto action that relates to the offices of electors of President and Vice President of the United States.
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. 2022-56 Amendment of Rule 3.7 of the Michigan Rules of Professional Conduct
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 3.7 of the Michigan Rules of Professional Conduct is adopted, effective Jan. 1, 2025.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 3.7. Lawyer as Witness.
(a)-(b) [Unchanged.]
(c) Nothing in this rule prohibits a lawyer from appearing as attorney of record in a case in which the lawyer is a party and is representing themselves.
[Official comment unchanged.]
Staff Comment (ADM File No. 2022-56): The amendment of MRPC 3.7 clarifies that in accordance with Const 1963, art 1, § 13, a lawyer can appear in pro per.
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. 2021-05 Amendment of Rule 6.302 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 on two separate proposals at 508 Mich 1211 (2021) and 513 Mich (2024), and consideration having been given to the comments received, the following amendment of Rule 6.302 of the Michigan Court Rules is adopted, effective January 1, 2025. Further, the Court declines to adopt the proposed amendments of Rules 6.302 and 6.310 in the order dated Nov. 17, 2021.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 6.302 Pleas of Guilty and Nolo Contendere
(A)-(B) [Unchanged.]
(C) A Voluntary Plea.
(1) [Unchanged.]
(2) If the plea involves a statement by the court that it will sentence to a specified term or within a specified range, the court must:
(a) state that any sentencing guidelines range discussed at the plea hearing is a preliminary estimate and that the final sentencing guidelines range determined by the court may differ,
(b) advise the defendant whether any sentencing guidelines range discussed at the plea hearing is part of the plea such that they have a right to withdraw their plea under MCR 6.310(B) if the final sentencing guidelines range determined by the court at sentencing is different, and
(c) provide a numerically quantifiable sentence term or range. A quantifiable sentence range includes language such as “lower/upper half” or “lower/upper quarter.”
(2)-(4) [Renumbered (3)-(5) but otherwise unchanged.]
(D)-(F) [Unchanged.]
Staff Comment (ADM File No. 2021-05): The amendment of MCR 6.302(C) requires a court, that states during a plea hearing that it will sentence the defendant to a specified term or within a specified range, to: (1) inform the defendant that the final sentencing guidelines range may differ from the original preliminary estimate, (2) advise the defendant regarding their right to withdraw the plea pursuant to MCR 6.310(B) if the final sentencing guidelines range as determined at sentencing is different, and (3) provide a numerically quantifiable sentence term or range when providing the preliminary estimate.
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. 2022-25 Amendment of Rule 7.103 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 7.103 of the Michigan Court Rules is adopted, effective Jan. 1, 2025.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 7.103 Appellate Jurisdiction of the Circuit Court and Judicial Authority
(A)-(B) [Unchanged.]
(C) An appeal under this subchapter must be heard by a judge other than the judge that conducted the trial.
Staff Comment (ADM File No. 2022-25): The amendment of MCR 7.103 requires that an appeal to circuit court be heard by a judge other than the judge that conducted the trial.
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. 2024-01 Appointments to the Committee on Model Civil Jury Instructions
On order of the Court, pursuant to Administrative Order No. 2001-6, the following members are reappointed to the Committee on Model Civil Jury Instructions for full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Hilary Ballentine (attorney – defense)
- Debra Freid (attorney – plaintiff)
- Hon. Michael F. Gadola (Court of Appeals judge)
Additionally, the following individuals are appointed to the Committee on Model Civil Jury Instructions for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Kyle Asher (attorney – defense)
- Jennifer Grieco (attorney – commercial)
- Martin Hogg (attorney – plaintiff)
- Daniel Ravitz (attorney – commercial)
ADM File No. 2024-01 Appointments to the Committee on Model Criminal Jury Instructions
On order of the Court, pursuant to Administrative Order No. 2013-13, the following member is reappointed to the Committee on Model Criminal Jury Instructions for a second full term beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
In addition, the following individuals are appointed to the Committee on Model Criminal Jury Instructions for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Hon. Bradley L. Cobb (circuit court judge)
- Hon. Cheryl A. Matthews (circuit court judge)
- Amanda Morris Smith (prosecutor)
In addition, effective Jan. 1, 2025, Sara Swanson (prosecutor) is appointed for the remainder of a partial term ending on Dec. 31, 2025.
Hon. Michael C. Brown is appointed as chair of the Committee on Model Criminal Jury Instructions until further order of the Court.
ADM File No. 2024-01 Appointments to the Michigan Judicial Council
On order of the Court, pursuant to MCR 8.128, the following members are reappointed to the Michigan Judicial for second full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Hon. Demetria Brue (Michigan District Court Judges Association)
- Thomas W. Cranmer (attorney)
- Hon. Kameshia D. Gant (Association of Black Judges of Michigan)
- Valerie J. Robbins (probate register)
- Justin F. Roebuck (county clerk)
- Hon. John D. Tomlinson (Michigan Probate Judges Association)
- Hon. Jon A. Van Allsburg (Michigan Judges Association)
In addition, the following members are appointed to the Michigan Judicial Council for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Frank Hardester (trial court administrator)
- Hon. Casandra Morse-Bills (at-large judge)
Additionally, effective immediately, Brian Harger (trial court administrator) is appointed to the Michigan Judicial Council for the remainder of a term ending on Dec. 31, 2026.
Pursuant to MCR 8.128, the following individuals will serve by virtue of their role within their organization for as long as they hold their respective roles:
- Supreme Court Chief Justice Elizabeth T. Clement
- State Court Administrator Thomas Boyd
- Court of Appeals Chief Judge Michael F. Gadola (or designee)
ADM File No. 2024-01 Appointments to the Judicial Education Board
On order of the Court, pursuant to Mich CJE R 3, the following members are reappointed to the Judicial Education Board for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2028:
- Hon. Nicholas S. Ayoub (district court judge)
- Hon. Anica Letica (Court of Appeals judge)
- Hon. John D. Tomlinson (probate court judge)
Additionally, Magistrate Julie Nelson-Klein (quasi-judicial officer) is appointed for a first full term beginning on Jan. 1, 2025, and ending on Dec. 31, 2028.
Hon. Christoper M. Murray is reappointed as chair and Hon. Kathleen M. Brickley is reappointed as vice-chair of the Judicial Education Board for terms ending on Dec. 31, 2025.
ADM File No. 2024-01 Appointments to the Justice for All Commission
On order of the Court, pursuant to Administrative Order No. 2021-1, the following members are reappointed to the Justice for All Commission for full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Nicole Huddleston (nonprofit local community organizations)
- Deborah Hughes (self-help centers)
- Bianca McQueen (public)
- Brittany Schultz (business community)
- Sandra Vanderhyde (court administrators/probate registers)
- Carmen Wargel (nonprofit local community organizations)
- Michelle Williams (education community)
- Lynda Zeller (health care community)
In addition, the following individuals are appointed to the Justice for All Commission for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Thomas Howlett (State Bar of Michigan)
- Dan Hutchins (Michigan libraries)
Pursuant to Administrative Order 2021-1, the following individuals, or their designees, will serve by virtue of their role within their organization:
- Supreme Court Justice Brian K. Zahra
- State Court Administrator Thomas Boyd
- State Bar of Michigan Executive Director Peter Cunningham
- Michigan State Bar Foundation Executive Director Jennifer Bentley
- Michigan Legal Help Director Nora Ryan
- Michigan Indigent Defense Commission Director Kristen Staley
ADM File No. 2024-01 Appointments to the Commission on Well-Being in the Law
On order of the Court, pursuant to Administrative Order No. 2023-1, the following members are reappointed to the Commission on Well- Being in the Law for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Ieisha Humphrey (University of Detroit Mercy Law School)
- Hon. Michael Jaconette (Michigan Probate Judges Association)
- Marla McCowan (Michigan Indigent Defense Commission)
- Steven Meerschaert (law student)
- Wendy Neeley (Attorney Discipline Board)
- Hon. Brock A. Swartzle (Michigan Court of Appeals)
- Tish Vincent (licensed mental health professional)
- Karissa Wallace (attorney, midsize firm)
In addition, the following individuals are appointed to the Commission on Well- Being in the Law for first full terms beginning on Jan. 1, 2025, and ending on Dec. 31, 2027:
- Kelly James-Jura (Michigan Probate and Juvenile Registers Association)
- Janey Lamar (Michigan Association of District Court Magistrates)
- Hon. Kathy Tocco (Michigan District Judges Association)
In addition, Shannon Topp (on behalf of the Michigan Court Administrators Association) is appointed for a partial term effective immediately and ending on Dec. 31, 2025.
Pursuant to Administrative Order No. 2023-1, the following individuals, or their designees, will serve by virtue of their role within their organization:
- Supreme Court Justice Megan K. Cavanagh
- State Bar of Michigan Lawyers and Judges Assistance Program Director Molly Ranns
- State Bar of Michigan Executive Director Peter Cunningham
- State Court Administrator designee Elizabeth Rios-Jones