October 1-7, 2007
Volume 5 Issue 40

In the Capitol
The Michigan House of Representatives and Senate posted revised session schedules for the fall.
View House 2007 Schedule
View Senate 2007 Schedule

Committee meetings of interest for the week of 10/8
10/10 House Judiciary
Agenda: Testimony from Rich Robinson, Executive Director, Michigan Campaign Finance Network regarding Judicial Conflicts of Interest and Recusal under Article VI of the Michigan Constitution

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Pre-Exorcism Questionnaire's Admissibility in Sexual Misconduct Trial at Issue in Case State Supreme Court

Proposed Amendments
2005-31 - Amendments of Rule 3.602 of the Michigan Court Rules
The amendments eliminate the term ‘application,’ and substitute the word ‘motion’ or ‘complaint,’ depending upon whether there is a pending action.  ‘Application’ is not a defined term within the Michigan Court Rules or in the arbitration act, MCL 600.5025. 

The revisions also clarify that a complaint to stay or compel arbitration, or to vacate, modify, or correct an award must first be filed, and then a motion, consistent with the spirit of MCR 3.602(B)(1), must be filed. They also set timing deadlines consistent with the time frame allowed under the federal arbitration act, 9 USC 1 et seq., by requiring that a motion to vacate, modify, or correct an award be filed within 91 days.  However, for domestic relations cases, and for motions that claim an award is based on corruption, fraud, or other undue means, the current 21-day filing period applies for motions to vacate an arbitration award.

Issued: October 2, 2007        

Effective: January 1, 2008

 

2006-21 - Amendment of Rules 5.307 and 5.310 of the Michigan Court Rules

The amendments of MCR 5.307(B) and 5.310(E) conform to language in MCL 700.3951 by clarifying that a Notice of Continued Administration is tracked from the date of the appointment of the original personal representative, including a special personal representative.

Issued: March 20, 2007

Effective: March 20, 2007

Public hearing held: September 26, 2007

Retained by Order Dated October 2, 2007

At the Bar
State Bar of Michigan Seminar Set for Bloomfield Hills Nov. 7

Keefe Leads State Bar Team on Upper Peninsula Tour

Marquette's Ronald D. Keefe is 73rd State Bar President

Gardella Sworn In as Representative Assembly Chairman

Federal News
High Court Refuses Church-State Cases(Washington Times, 10/2/07)

State News
Proponents Say Time is Right to Adjust Term Limits
(Grand Rapids Press, 10/8/07)

Now What? Michigan's Future Rests with Critical Decisions on New Budget
(Lansing State Journal, 10/7/07)

Sales Tax Hike May be Put on '08 Ballot
(Lansing State Journal, 10/6/07)

Backlash Against Tax Hikes May Bring Recalls, Petition Drive
(AP/Mlive.com, 10/3/07)

 

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines