November 22, 2024
Board of Commissioners
Public Policy Items To Be Considered
Members who wish to share comments on any of the items below may do so by filling out a Public Policy Comment form or emailing ntriplett@michbar.org before 5:00 p.m. on Tuesday, November 19, 2024.
A. Court Rule Amendments
1. ADM File No. 2020-08: Proposed Amendments of MCR 2.107 and 3.203
MCR 2.107(G) was adopted and simultaneously published for comment by the Court on July 26, 2021. The proposed amendment of MCR 2.107 in this order reflects an alternative proposal that would expand the use of electronic service by requiring its use unless a party opts out, as suggested by some commenters on the original proposal. The proposed amendment of MCR 3.203 clarifies the use of electronic service in domestic relations cases.
2. ADM File No. 2021-27: Proposed Amendments of MCR 3.207 and 3.210
The proposed amendment of MCR 3.207 would: (1) clarify the pleading requirements for requesting certain ex parte orders, (2) require that an evidentiary hearing be scheduled anytime the court enters an order that may change a child’s established custodial environment, and (3) clarify the procedure following service of an ex parte order. The proposed amendment of MCR 3.210 would require courts to hold an evidentiary hearing prior to entering an order changing a child’s established custodial environment in contested cases.
3. ADM File No. 2022-59: Proposed Amendment of MCR 6.302
The proposed amendment of MCR 6.302 would require courts, after accepting a plea, to advise defendants of their ability to withdraw their plea and to specifically advise defendants of the consequences of misconduct in between plea acceptance and sentencing.
4. ADM File No. 2022-51: Proposed Amendment of MCR 6.509
The proposed amendment of MCR 6.509 would clarify that defendants may file with the Court of Appeals an application for leave to appeal a trial court’s decision on: (1) a motion for relief from judgment; and (2) a timely-filed motion to reconsider an order deciding a motion for relief from judgment. Note that a separate proposal affecting MCR 6.509(A) is proposed under ADM File No. 2022-57.
5. ADM File No. 2022-57: Proposed Amendments of MCR 6.508 and 6.509
The proposed amendments of MCR 6.508 and 6.509 would: (1) require trial courts that make a partial decision on a postjudgment motion for relief to reissue the order in its entirety after it decides the remaining issues, and (2) clarify that a reissued order constitutes a decision under subchapter 6.500 of the Michigan Court Rules for purposes of filing an application for leave to appeal with the Court of Appeals. Note that a separate proposal affecting MCR 6.509(A) is proposed under ADM File No. 2022-51.
6. ADM File No. 2023-04: Proposed Amendments of MCR 7.212, 7.305, and 7.312
The proposed amendments of MCR 7.212, 7.305, and 7.312 would address the filing and timing of amicus curiae briefs. For both appellate courts, the proposal would: allow amicus curiae briefs in response to an application for leave to appeal; eliminate the motion filing fee; and expand the groups that are able to file a brief without a motion or invitation. For the Supreme Court, the proposal would also allow parties to file a response to an adverse amicus curiae brief, subject to certain timing and content requirements.
7. ADM File No. 2023-07: Proposed Amendment of MCR 6.433
The proposed amendment of MCR 6.433 would require an indigent defendant to provide certain information before a court can consider whether good cause exists to order transcription of additional proceedings.
8. ADM File No. 2023-25: Proposed Amendment of MRPC 1.6 and Comment
The proposed amendment of MRPC 1.6 would provide an exception to the confidentiality rule by permitting a lawyer to reveal, to certain individuals, confidences or secrets to the extent reasonably necessary to protect a client from self-harm that may result in the client’s death.
B. Legislation
1. HCR 6 (Wilson) A concurrent resolution to approve the State Officers Compensation Commission determinations.