Public hearing set for proposed court rule changes

The Michigan Supreme Court will hold  a  public  administrative  hearing  on  Wednesday, May  17 to take up various proposed changes in Michigan court rules.
 
The hearing will begin held from 9:30-11:30 a.m. in  the  Supreme Court  courtroom  located  on  the  sixth  floor of  the  Michigan  Hall  of  Justice,  925  W.  Ottawa Street in  Lansing. 

Persons who  wish  to  address  the  court  regarding  matters on  the  agenda  will  be  allotted  three  minutes each  to  present  their  views,  after  which  the  speakers  may  be  questioned  by  the  justices.    

Those wishing to reserve a place  on  the  agenda should notify  the  Office  of  Administrative  Counsel  in writing at  PO Box 30052, Lansing, MI    48909   or  via email at ADMcomment@courts.mi.gov no later than Monday, May 15.

The administrative matters on the agenda for this hearing:

• 2015-25 — Proposed Amendment of MCR 7.306 and MCR 7.316. Published at 500 Mich 1224 (2016).

Issue:  Whether to adopt the proposed amendments that would require courts in intra-court disputes to submit to mediation (through SCAO) before filing suit for superintending control with the Supreme Court and would explicitly allow the Supreme Court to order an appeal to mediation.

• 2015-11 — Proposed Amendment of MRE 404. 

Issue: Whether to amend MRE 404(b)(2) to require the prosecution to provide reasonable notice of other acts evidence in writing or orally in open court.

• 2015-18 — Proposed Amendment MCR 9.108. 

Issue:  Whether to adopt the proposed amendment that would clarify that the Supreme Court has the authority to enjoin an attorney from practicing law.

• 2015-22 — Proposed Amendment of MCR 3.203 and MCR 3.208.

Issue: Whether to adopt the proposed amendments that would allow the FOC to change an address on the basis of postal service data matching and allow parties and their attorneys to agree to electronic services  of notices and pleadings.

• 2015-24  — Proposed Amendment of MCR 2.116 and MCR 2.119.

Issue: Whether to adopt the proposed amendment of MCR 2.116 and MCR 2.119 that would allow for the filing of reply briefs only in summary disposition proceedings.

• 2016-04  — Proposed Amendment of MCR 8.126. 

Issue:  Whether to adopt the proposed amendment of MCR 8.126 that would waive fees and other requirements for out of state attorneys who seek temporary admission in Michigan in cases in which the attorney desires to represent an Indian tribe intervening in a child custody proceeding.

• 2016-11— Proposed Amendment of MCR 3.208.

Issue: Whether to adopt the proposed amendment of MCR 3.208 that would reduce the steps necessary to schedule a hearing; clarify when the FOC must participate in a contempt hearing; implement 2014 PA 381 to make the Office of Child Support responsible for determining allocation and distribution of child support payments; and allow the FOC to refrain from enforcing child support orders in situations in which it is inappropriate or unproductive.

• 2016-29 — Proposed Amendment of MCR 7.121.

Issue:  Whether to adopt the proposed amendment of MCR 7.121 that would update the court rules to incorporate statutory changes enacted in 2015 PA 3 and 2015 PA 207 that eliminated local gun boards.

•  2016-32 — Proposed Amendment of MCR 5.801, 5.802, 7.102, 7.103, 7.108, 7.109, 7.202, 7.203, 7.205, 7.208, 7.209, 7.210, 7.212, and 7.213.

Issue: Whether to adopt the proposed amendments that would require that all appeals from probate court be heard in the Court of Appeals, and would establish priority status for appeals in guardianship and mental illness cases.

• 2016-33 — Proposed Amendment of MCR 3.216.

Issue:  Whether to adopt the proposed amendment of MCR 3.216 that would update the rule to be consistent with 2016 PA 93, regarding domestic violence screening for courts considering ordering mediation in domestic violence cases. 

• 2016-35 — Proposed Addition of MCR 6.008.

Issue:  Whether to add MCR 6.008 that would eliminate the practice of circuit courts remanding cases to district courts except where otherwise provided by law.

• 2016-39 — Proposed Amendment of MCR 3.903, MCR 3.932, and MCR 3.936.

Issue: Whether to adopt the proposed amendment of MCR 3.903, 3.932, and 3.936 that would clarify the procedures used for consent calendar proceedings in juvenile delinquency cases, consistent with 2016 PA 185.

• 2016-40 — Proposed Amendment of MCR 2.625 and MCR 3.101.

Issue:  Whether to adopt the proposed amendment of MCR 2.625 and MCR 3.101 that would address recent amendments of MCL 600.4012, clarify the authority and process for recovering postjudgment costs, and provide clearer procedure for garnishment proceedings.
 

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