News & Notices

Public Policy Report September 2022

 

Michigan Bar Journal

 

IN THE HALL OF JUSTICE

Amendment of Rule 1.109 of the Michigan Court Rules (ADM File No. 2002-37) – Court records defined; document defined; filing standards; signatures; electronic filing and service; access (See Michigan Bar Journal June 2022, p 56).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support.


Amendments of Rules 1.109 and 8.119 of the Michigan Court Rules (ADM File No. 2002-37/2017-28) – Court records defined; document defined; filing standards; signatures; electronic filing and service; access; court records and reports; duties of clerks (See Michigan Bar Journal July/August 2022, p 70).
STATUS: Comment period expires 9/1/22; Public hearing to be scheduled.
POSITION: Support.


Proposed Rescission of Administrative Order No. 1998-1 and Proposed Amendment of Rule 2.227 of the Michigan Court Rules (ADM File No. 2021-17) – Reassignment of circuit court actions to district judges; transfer of actions on finding of lack of jurisdiction (See Michigan Bar Journal June 2022, p 56).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support and recommend that the Court consider the potential conflict in the rules regarding jury demands in transferred cases.


Proposed Amendment of Rule 3.101 of the Michigan Court Rules (ADM File No. 2022-06) – Garnishment after judgment (See Michigan Bar Journal July/August 2022, p 73).
STATUS: Comment period expires 9/1/22; Public hearing to be scheduled.
POSITION: Support.


Proposed Amendment of Rules 3.613 of the Michigan Court Rules (ADM File No. 2021-21) – Change of name (See Michigan Bar Journal June 2022, p 58).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support the amendment to Rule 3.613 and recommend that the Court make the determination of good cause required by the proposed amendment presumptive for persons whose name change is sought for affirmation of gender identity, and for victims of human trafficking and domestic violence. Also recommend that language be added to the rule to provide for court-approved alternative service for the notice of a hearing to noncustodial parents, rather than requiring publication of such notice in a newspaper, and to further recommend that such notice not include a minor child’s name.


Proposed Amendment of Rule 3.903 of the Michigan Court Rules (ADM File No. 2020-33) – Definitions (See Michigan Bar Journal June 2022, p 59).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support.


Proposed Amendment of Rule 3.943 of the Michigan Court Rules (ADM File No. 2021-18) – Dispositional hearing (See Michigan Bar Journal June 2022, p 60).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support.


Proposed Amendment of Rule 7.305 of the Michigan Court Rules (ADM File No. 2021-16) – Application for leave to appeal (See Michigan Bar Journal June 2022, p 60).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support the clarification of Rule 7.305 but recommend that the timeframe for filing an application for leave to appeal be made consistent for all civil appeals, including appeals from orders terminating parental rights, at 42 days.


Proposed Amendment of Rule 8.119 of the Michigan Court Rules (ADM File No. 2021-13) – Court records and reports; duties of clerks (See Michigan Bar Journal June 2022, p 61).
STATUS: Comment period expired 8/1/22; Public hearing to be scheduled.
POSITION: Support.