Order Resuming Usual Computation of Days for of Deadlines Applicable to the Commencement of Civil and Probate Actions

In Administrative Order No. 2020-3, the Michigan Supreme Court issued an order excluding any days that fall during the State of Emergency declared by the Governor related to COVID-19 for purposes of determining the deadline applicable to the commencement of all civil and probate case types under MCR 1.108(1).

Effective Saturday, June 20, that administrative order is rescinded, and the computation of time for those filings shall resume.

For time periods that started before Administrative Order No. 2020-3 took effect, the filers shall have the same number of days to submit their filings on June 20, 2020, as they had when the exclusion went into effect on March 23, 2020.

For filings with time periods that did not begin to run because of the exclusion period, the filers shall have the full periods for filing beginning on June 20, 2020.

Staff Comment: Note that although the order regarding computation of days entered on March 23, 2020, it excluded any day that fell during the State of Emergency declared by the Governor related to COVID-19, which order was issued on March 10, 2020. Thus, the practical effect of Administrative Order No. 2020-3 was to enable filers to exclude days beginning March 10, 2020.

This timing is consistent with the executive orders entered by the Governor regarding the tolling of statutes of limitation.

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