ADM File No. 2023-24
Amendment of Rule 3.701 and Additions of Rules 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722 of the Michigan Court Rules

ADM File No. 2023-36
Proposed Amendments of Rules 3.901, 3.915, 3.916, 3.922, 3.932, 3.933, 3.935, 3.943, 3.944, 3.950, 3.952, 3.955, 3.977, and 6.931 and Proposed Addition of Rule 3.907 of the Michigan Court Rules

ADM File No. 2023-36
Proposed Amendments of Rules 3.937, 3.950, 3.955, 3.993, and 6.931 of the Michigan Court Rules

To read these ADM files, visit www.courts.michigan.gov/rules-administrative-orders-and-jury-instructions/proposed-adopted/administrative-orders/.

ADM File No. 2022-26
Amendments of Rules 6.425 and 6.610 of the Michigan Court Rules

On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rules 6.425 and 6.610 of the Michigan Court Rules are adopted, effective May 1, 2024.

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]

Rule 6.425 Sentencing; Appointment of Appellate Counsel

(A)-(C) [Unchanged.]

(D) Sentencing Procedure.

(1) The court must sentence the defendant within a reasonably prompt time after the plea or verdict unless the court delays sentencing as provided by law. At sentencing, the court must, on the record:

(a)-(b) [Unchanged.]

(c) before imposing sentence

(i) provide the defendant’s attorney an opportunity to speak on the defendant’s behalf,

(ii) address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence,

(iii) provide the prosecutor an opportunity to speak equivalent to that of the defendant’s attorney, and

(iv) address any victim of the crime who is present at sentencing or any person the victim has designated to speak on the victim’s behalf and permit the victim or the victim’s designee to make an impact statement,

(c) give the defendant, the defendant’s lawyer, the prosecutor, and the victim an opportunity to advise the court of any circumstances they believe the court should consider in imposing sentence,

(d)-(f) [Unchanged.]

(2)-(3) [Unchanged.]

(E)-(H) [Unchanged.]

Rule 6.610 Criminal Procedure Generally

(A)-(F) [Unchanged.]

(G) Sentencing.

(1) For sentencing, the court shall:

(a)-(b) [Unchanged.]

(c) before imposing sentence

(i) provide the defendant’s attorney an opportunity to speak on the defendant’s behalf,

(ii) address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence,

(iii) provide the prosecutor an opportunity to speak equivalent to that of the defendant’s attorney, and

(iv) address any victim of the crime who is present at sentencing or any person the victim has designated to speak on the victim’s behalf and permit the victim or the victim’s designee to make an impact statement.

(c)-(d) [Relettered (d)-(e) but otherwise unchanged.]

(2)-(4) [Unchanged.]

(H)-(I) [Unchanged.]

Staff Comment (ADM File No. 2022-26): The amendments of MCR 6.425(D)(1)(c) and MCR 6.610(G)(1)(c) require a trial court, on the record before sentencing, to personally address the defendant regarding his or her allocution rights and to ensure that, if present at sentencing, the victim or the victim’s designee has an opportunity to make an impact statement.

The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.

ADM File No. 2023-34
Proposed Amendment of Rule 3.967 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 3.967 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will also be considered at a public hearing. The notices and agendas for each public hearing are posted on the Public Administrative Hearings page.

Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]

Rule 3.967 Removal Hearing for Indian Child

(A)-(C) [Unchanged.]

(D) Evidence. An Indian child may be removed from a parent or Indian custodian, or, for an Indian child already taken into protective custody pursuant to MCR 3.963 or MCR 3.974(B), remain removed from a parent or Indian custodian pending further proceedings, only upon clear and convincing evidence, including the testimony of at least one qualified expert witness, as described in MCL 712B.17, who has knowledge about the child-rearing practices of the Indian child’s tribe, that active efforts as defined in MCR 3.002 have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, that these efforts have proved unsuccessful, and that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The active efforts must take into account the prevailing social and cultural conditions and way of life of the Indian child’s tribe. The evidence must include the testimony of at least 1 qualified expert witness, who has knowledge of the child rearing practices of the Indian child’s tribe, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.

(E)-(F) [Unchanged.]

Staff Comment (ADM File No. 2023-34): The proposed amendment of MCR 3.967 would align the rule with MCL 712B.15, as amended in 2016, to clarify the applicability of qualified expert witness testimony in a removal hearing involving an Indian child.

The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.

A copy of this order will be given to the secretary of the State Bar and to the state court administrator so that they can make the notifications specified in MCR 1.201. Comments on the proposal may be submitted by May 1, 2024, by clicking on the “Comment on this Proposal” link under this proposal on the Court’s Proposed & Adopted Orders on Administrative Matters page. You may also submit a comment in writing at P.O. Box 30052, Lansing, MI 48909 or via email at ADMcomment@courts.mi.gov. When submitting a comment, please refer to ADM File No. 2023-34. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2024-01
Appointment to the Judicial Education Board

On order of the Court, pursuant to Mich CJE R 3 and effective immediately, Hon. Anica Letica is appointed to the Judicial Education Board to fill the remainder of a term ending on Dec. 31, 2024.