September 16, 2024
Volume 22, Issue 36

At the Court

The Michigan Supreme Court will hold a Public Administrative Hearing on Wednesday, September 18.

RULE AMENDMENTS
ADM File No. 2020-08: Amendments of MCR 3.904 and 6.425
The amendments of MCR 3.904 and 6.425 permanently incorporate the amendments adopted and simultaneously published for comment on July 26, 2021, with minor revisions for better organization and clarity. The amendment of MCR 3.904(A) expands the use of videoconferencing technology in certain juvenile proceedings to include proceedings where a more restrictive treatment is ordered. The amendment of MCR 6.425 requires the court to advise defendants of the applicable deadline for requesting appointment of appellate counsel and requires the court to accept a request if it is filed within six months after entry of the judgment of sentence or, if applicable, within the time for filing an appeal of right.
Issued: 9/11/24
Effective: 1/1/25

PROPOSED AMENDMENTS
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.
Issued: 9/11/24
Comment period expires: 1/1/25

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.
Issued: 9/11/24
Comment period expires: 1/1/25

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.
Issued: 9/11/24
Comment period expires: 1/1/25

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.
Issued: 9/11/24
Comment period expires: 1/1/25

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.
Issued: 9/11/24
Comment period expires: 1/1/25

APPOINTMENTS
ADM File No. 2024-01: Appointments to the Commission on Diversity, Equity, and Inclusion in the Law
Issued: 9/11/24
Effective: 1/1/25 (one appointment effective immediately)

NEWS

Michigan Supreme Court Marking Patriot Week, Constitution Day

At the Bar

September 19 Board of Commissioners Public Policy Agenda
The SBM Board of Commissioners will be considering several public policy items at its September 19 meeting. The public policy agenda can be reviewed online. Members of the State Bar are invited to submit comments to the Board of Commissioners on any of the items on the agenda. All comments received before the meeting will be shared with the Board.

NEWS

License Renewal Now Open for 2024–2025
Michigan attorneys can now renew their State Bar of Michigan law license for the 2024-2025 Bar year.

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines