October 15-21, 2007
Volume 5 Issue 42

In the Capitol
Committee meetings of interest for the week of 10/22
10/23 House Judiciary
Agenda: HB 4250 Provide compensation for wrongful imprisonment for crime; HB 4251 Exclude income from income subject to tax, if received under wrongful imprisonment compensation act; HB 4260 Provide for the deletion of record when criminal conviction is overturned based on DNA evidence; HB 5089 Extend and revise certain procedures for obtaining test of DNA evidence. 
SBM Position: In the last legislative session, the State Bar of Michigan and the Prisons and Corrections Section supported legislation similar to HB 4260. Neither the State Bar nor the Prisons and Corrections Section have adopted a position to date on the current legislation.
State Bar of Michigan: Support in Principle HB 6532’06
Prisons & Corrections Section: Support HB 6532’06

10/24 House Judiciary
Agenda: HB 5332 Provide for paperless insurance verification system; HB 5333 Create paperless insurance verification system, and provide for access by law enforcement officers.

10/24 House Appropriations
Agenda item of interest: Conference Committee Reports and Discussion of the 2007-2008 Budget

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/16 – 10/18
Of Interest to the Legal Community

HB 5314 Criminal procedure; other; penalties, fines, or costs; allow to be collected in same manner as civil money judgment. Amends sec. 4805 of 1961 PA 236 (MCL 600.4805).

HB 5324 Family law; personal protection orders; personal protection order to be made mutual; require. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a).

Of General Interest
HB 5332 Insurance; no-fault; paperless insurance verification system; provide for.

HB 5333 Traffic control; civil infraction procedures; paperless insurance verification system; create, and provide for access by law enforcement officers.

SB 835 Property tax; assessments; assessing procedures; revise. Amends sec. 24 of 1893 PA 206 (MCL 211.24).

SB 838 Use tax; collections; application of tax to certain services; repeal. Repeals sec. 3d of 1937 PA 94 (MCL 205.93d).

In the Hall of Justice
Rule Amendments
2007-12 – Amendment of Rule 2.107 of the Michigan Court Rules
The amendments allow parties to stipulate to agree to ediscovery, or service of papers among the parties, by e-mail. Further, the amendments require that court clerks note the date pleadings are filed if that date is different than the date the filing is docketed.

The e-discovery rules allow parties or those represented by attorneys to stipulate to service by e-mail. The stipulation establishes the maximum document size, the designation of exhibits as separate documents, the persons who are entitled to receive an e-mailed document other than the party or attorney, and the obligation, if any, to furnish paper copies of e-mailed documents. The rule also requires that the subject line of an email that contains a document or has a document attached indicate the court, case number, party name, and title of the document being sent. Documents are required to be in a format, such as PDF, that precludes alteration, and a designation of “s/” or “/s/” is sufficient for a signature. Documents e-mailed after 4:30 p.m. Eastern Time are considered filed the next day, and service by e-mail is equivalent to service by delivery.  Service is complete upon transmission, unless the sender receives notice that the e-mail did not reach the intended e-mail address. An e-mail sender is required to maintain an archived record of sent items until the case concludes, including the disposition of all appeals.
Issued: October 16, 2007
Effective: January 1, 2008

Proposed Amendments
2007-09 – Proposed Amendment of 2.306 of the Michigan Court Rules
This proposal would require objections to be concise, nonargumentative, and nonsuggestive, and would allow a court to impose sanctions against an attorney who fails to comply with the requirement. The proposed changes are similar to language contained in FR Civ P 30(d)(1).
Issued: October 16, 2007
Comment Period Expires: February 1, 2008
Public Hearing: To be scheduled

2006-04 – Proposed Amendment of Rules 3.204 and 3.212 of the Michigan Court Rules
The proposed amendments of MCR 3.212 would require the friend of the court to transfer cases to allow a court to consolidate multiple cases involving different children of the same parents in a single court so that all issues between the parents could be determined in a single action.

The proposed amendments also would allow the transferee friend of the court to take ex parte action to obtain orders to change county-specific orders to the transferee county or circuit.
Issued: October 16, 2007
Comment Period Expires: February 1, 2008
Public Hearing: To be scheduled

2005-36 – Proposed Amendment of Rules 2.119, 7.204, and 7.205 of the Michigan Court Rules
The proposed amendments of MCR 7.204 and MCR 7.205 would clarify that a party who seeks to appeal to the Court of Appeals has 21 days after the entry of an order deciding a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed to file a claim of appeal or an application for leave to appeal, if the motion is filed within the initial 21-day appeal period. For consistency, the time limit for filing a motion for rehearing or reconsideration under MCR 2.119(F)(1) would be increased from 14 to 21 days, and the phrase “or within further time the trial court may have allowed during that 21-day period” was stricken from MCR 7.204(A)(1)(b) and MCR 7.205(F)(3)(b).
Issued: October 16, 2007
Comment Period Expires: February 1, 2008
Public Hearing: To be scheduled

Federal News
Lifers as Teenagers, Now Seeking Second Chance
(The New York Times, 10/17/07)

State News
Senators Want Tax Repeal
(Detroit Free Press, 10/18/07)

Feds Push for Capital Punishment in Michigan Cases
(Detroit News, 10/18/07)

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