ADM File No. 2024-11
Amendments of Rules 3.101, 6.412, 7.204, 7.302, 7.305, 7.306, 7.311, 7.312, and 9.114 of the Michigan Court Rules
On order of the Court, the following amendments are adopted, effective immediately.
[Additions to the text are indicated in underliningand deleted text is shown by strikeover.]
Rule 3.101 Garnishment After Judgment
(A) (A)-(Q) [Unchanged.]
(R) Costs and Fees.
(1) [Unchanged.]
(2) Within 28 days after receipt of the disclosure filed pursuant to subrule (H) by a garnishee of a periodic garnishment disclosing that it does not employ the defendant and is not otherwise liable for periodic payments, or from a garnishee of a nonperiodic garnishment disclosing that it does not hold property subject to garnishment and the defendant is not indebted to the garnishee, the plaintiff shall deduct any costs associated with that garnishment that may have been added to the judgment balance pursuant to MCR 2.625(LK), unless the court otherwise directs.
(S)-(T) [Unchanged.]
Rule 6.412 Selection of the Jury
(A)-(C) [Unchanged.]
(D) Challenges for Cause.
(1) Grounds. A prospective juror is subject to challenge for cause on any ground set forth in MCR 2.511(ED) or for any other reason recognized by law.
(2) [Unchanged.(E)-(F) [Unchanged.]
Rule 7.204 Filing Appeal of Right; Appearance
(A) Time Requirements. The time limit for an appeal of right is jurisdictional. See MCR 7.203(A). The provisions of MCR 1.108 regarding computation of time apply. For purposes of subrules (A)(1) and (A)(2), “entry” means the date a judgment or order is signed or the date that data entry of the judgment or order is accomplished in the issuing tribunal’s register of actions.(1) [Unchanged.]
(2) An appeal of right in a criminal case must be taken (a)-(d) [Unchanged.]
A motion for rehearing or reconsideration of a motion mentioned in subrules (A)(1)(db) or (A)(2)(d) does not extend the time for filing a claim of appeal, unless the motion for rehearing or reconsideration was itself filed within the 21- or 42-day period.
(3) [Unchanged.] (B)-(H) [Unchanged.]
Rule 7.302 Electronic Filing, Service, and Notification
(A) Electronic Filing. Documents may be filed electronically in lieu of submitting paper copies unless specifically required by court order.
(B) Electronic Service. A document that is electronically filed may be served electronically on registered users of the e-filing system at their registered email addresses.
(C) Electronic Notification. The clerk may electronically transmit or provide electronic access to Court notices, orders, opinions, and other communications to the parties, attorneys, the Court of Appeals, and the trial court or tribunal.
Rule 7.305 Application for Leave to Appeal
(A) What to File. To apply for leave to appeal, a party must file:
(1)-(3) [Unchanged.]
(4) the fee provided by MCR 7.319(DC)(1).
(B) [Unchanged.]
(C) When to File.
(1)-(5) [Unchanged.]
(6) Effect of Appeal on Decision Remanding Case. If a party appeals a decision that remands for further proceedings as provided in subrule (C)(56)(a), the following provisions apply:
(a)-(b) [Unchanged.]
(7) [Unchanged.] (D)-(I) [Unchanged.]
Rule 7.306 Original Proceedings
(A)-(C) [Unchanged.]
(D) What to File. Service provided under this subrule must be verified by the clerk. To initiate an original proceeding, a plaintiff must file with the clerk all of the following:
(1)-(3)[Unchanged.]
(4) The fees provided by MCR 7.319(DC)(1) and MCL 600.1986(1)(a). Copies of relevant documents, record evidence, or supporting affidavits may be attached as exhibits to the complaint.
(E)-(L) [Unchanged.]
Rule 7.311 Motions in Supreme Court
(A) What to File. To have a motion heard, a party must file with the clerk:
(1)-(2) [Unchanged.]
(3) the fee provided by MCR 7.319(DC)(2) or (3).
(B)-(H) [Unchanged.]
Rule 7.312 Briefs and Appendixes in Calendar Cases and Cases Argued on the Application
(A)-(G) [Unchanged.]
(H) Amicus Curiae Briefs and Argument. (1)-(2) [Unchanged.]
(3) An amicus curiae brief must conform to subrules (A), (B), (C) and (F)., and,
(4) (4)-(6) [Unchanged.]
(I)-(K) [Unchanged.]
Rule 9.114 Action by Administrator or Commission After Answer
(A)-(B) [Unchanged.]
(C) Contractual Probation. For purposes of this subrule, “contractual probation” means the placement of a consenting respondent on probation by the commission, without the filing of formal charges. Contractual probation does not constitute discipline, and shall be confidential under MCR 9.126 except as provided by MCR 9.115(J)(3).
(1)-(4) [Unchanged.]
(5) The placing of a respondent on contractual probation shall constitute a final disposition that entitles the complainant to notice in accordance with MCR 9.114(FD), and to file an action in accordance with MCR 9.122(A)(2).
(D)-(G) [Unchanged.]
Staff Comment (ADM File No. 2024-11): These amendments update cross-references and make other nonsubstantive revisions to clarify the rules.
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. 2019-40
Proposed Adoption of Administrative Order No. 2025-X, Proposed Rescission of Administrative Order No. 2012-7, and Proposed Amendment of Rule2.407 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering adoption of an administrative order regarding a judicial officer’s ability to appear remotely. The proposal also includes a proposed rescission of Administrative Order No. 2012-7 and a related proposed amendment of Rule 2.407 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 underliningand deleted text is shown by strikeover.]
Administrative Order No. 2025-X – Adoption of Administrative Order Regarding a Judicial Officer’s Remote Appearance
In accordance with this administrative order, judicial officers may preside remotely, in accordance with the applicable court rules governing the use of videoconferencing, in any proceeding that does not require the judicial officer’s in-person presence.
The judicial officer who presides remotely must
(1) be physically present in a location required or authorized by statute or court rule,
(2) preside from a location that is free of personal distractions,
(3) have a stable internet connection,
(4) have their videoconferencing camera on at all times during the proceeding,
(5) display the flags of the United States and Michigan as provided in MCR 8.115(A), and
(6) wear a black robe.
For purposes of this administrative order, the judge may display digital representations of the United States and Michigan flags adjacent to the judge.
A judicial officer’s remote participation is subject to the court’s ability to produce a suitable recording of the proceeding for purposes of preparing a verbatim transcript in accordance with the Michigan court rules.
Before appearing remotely from a location other than their courthouse, a judicial officer must receive approval from their chief judge.
The State Court Administrative Office must report periodically to this Court regarding its assessment of judicial officers presiding remotely. Courts must cooperate with the State Court Administrative Office in monitoring the remote participation of judicial officers in court proceedings.
For purposes of this order:
- "Videoconferencing" means that term as defined in MCR 2.407.
- A “judicial officer” includes judges, district court magistrates, and referees.
Rule 2.407 Videoconferencing
(A)-(D) [Unchanged.]
(E) Notwithstanding any other provision in this rule, until further order of the Court, AO No. 2012-7 is suspended.
Administrative Order No. 2012-7 – Adoption of Administrative Order to Allow State Court Administrative Office to Authorize a Judicial Officer’s Appearance by Video Communication Equipment
The State Court Administrative Office is authorized, until further order of this Court, to approve the use of two-way interactive video technology in the trial courts to allow judicial officers to preside remotely in any proceeding that may be conducted by two-way interactive technology or communication equipment without the consent of the parties under the Michigan Court Rules and statutes. Remote participation by judicial officers shall be limited to the following specific situations:
(1) judicial assignments;
(2) circuits and districts that are comprised of more than one county and would require a judicial officer to travel to a different courthouse within the circuit or district;
(3) district court districts that have multiple court locations in which a judicial officer would have to travel to a different courthouse within the district;
(4) a multiple district plan in which a district court magistrate would have to travel to a different district.
The judicial officer who presides remotely must be physically present in a courthouse located within his or her judicial circuit, district, or multiple district area
For circuits or districts that are comprised of more than one county, each court that seeks permission to allow its judicial officers to preside by video communication equipment must submit a proposed local administrative order for approval by the State Court Administrator pursuant to MCR 8.112(B). The local administrative order must describe how the program will be implemented and the administrative procedures for each type of hearing for which two-way interactive video technology will be used. The State Court Administrative Office shall either approve the proposed local administrative order or return it to the chief judge for amendment in accordance with requirements and guidelines provided by the State Court Administrative Office.
For judicial assignments, the assignment order will allow remote participation by judges as long as the assigned judge is physically present in a courthouse located within the judge’s judicial circuit or district. A local administrative order is not required for assignments.
For multiple district plans, the plan will allow remote participation by district court magistrates as long as the magistrate is physically present in a courthouse located within the multiple district area. No separate local administrative order is required.
The State Court Administrative Office shall assist courts in implementing the technology, and shall report periodically to this Court regarding its assessment of the program. Those courts using the technology shall provide statistics and otherwise cooperate with the State Court Administrative Office in monitoring the use of video communication equipment.
Staff Comment (ADM File No. 2019-40): The proposed administrative order would clarify when, from where, and how a judicial officer may participate remotely, subject to their chief judge’s approval. If adopted, a related amendment of MCR 2.407 would strike a reference to AO 2012-7 being suspended and that administrative order would be rescinded.
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 July 1, 2025 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. 2019-40. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2022-51 and ADM File No. 2022-57
Amendments of Rules 6.508 and 6.509 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 6.508 and 6.509 of the Michigan Court Rules are adopted, effective May 1, 2025.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 6.508 Procedure; Evidentiary Hearing; Determination
(D) (A)-(E) [Unchanged.]
(E) (F) Reissue Order. If, while considering a motion filed under MCR 6.502, the court initially issues an order deciding the motion in part, within 7 days of entering an order deciding the remaining issue(s), the court must reissue the order so that all decisions on the motion are reflected in a single order.
Rule 6.509 Appeal
(F) (A) Availability of Appeal. Appeals from decisions under this subchapter are by application for leave to appeal to the Court of Appeals pursuant to MCR 7.205(A)(1). The 6-month time limit provided by MCR 7.205(A)(4)(a), runs from the decision under this subchapter. For purposes of this subrule, a “decision under this subchapter” includes a decision on a motion filed under MCR 6.502, a decision on a timely-filed motion for reconsideration, and a reissued order under MCR 6.508(F). Nothing in this subchapter shall be construed as extending the time to appeal from the original judgment.
(G) (B)-(D) [Unchanged.]
Staff Comment (ADM File Nos. 2022-51 and 2022-57): The amendments of MCR 6.508 and 6.509: (1) require trial courts that make a partial decision on a postjudgment motion for relief to reissue the order in its entirety after it decides the remaining issues, (2) clarify that a reissued order constitutes a decision under subchapter 6.500 of the Michigan Court Rules, and (3) clarify that a trial court’s decision on a motion for relief from judgment and a timely-filed motion to reconsider an order deciding a motion for relief from judgment constitute a decision under subchapter 6.500 of the Michigan Court Rules.
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. 2023-04
Amendments of Rules 7.212, 7.305, and 7.312 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 7.212, 7.305, and 7.312 of the Michigan Court Rules are adopted, effective May 1, 2025.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 7.212 Briefs
(A) (A)-(G) [Unchanged.]
(B) Amicus Curiae.
(1) Except as otherwise provided in this subrule or as directed by the Court of Appeals, aAn amicus curiae brief may be filed in response to an application for leave to appeal or in response to the parties’ principal briefs only on motion granted by the Court of Appeals. The motion must be filed within 21 days after the appellee’s brief is filed, and there is no fee for filing the motion. If the motion seeks to file an amicus curiae brief in response to an application for leave to appeal and the application is granted, the amicus curiae may file an amicus curiae brief in response to the parties’ principal briefs on appeal without further leave of the Court of Appeals. If the motion is granted, the order will state the date by which the brief must be filed.
(2) A motion for leave to file an amicus curiae brief is not required if the brief is presented:
(a) by the Attorney General on behalf of the people of the state of Michigan, the state of Michigan, or an agency or official of the state of Michigan;
(b) on behalf of any political subdivision of the state or a tribal government when submitted by its authorized legal officer, its authorized agent, or an association representing a political subdivision or a tribal government;
(c) by the State Bar of Michigan Board of Commissioners or a recognized practice area section or committee of the State Bar of Michigan;
(d) on behalf of the Michigan State Planning Body;
(e) on behalf of the State Appellate Defender Office as permitted by law; or
(f) on behalf of an organization that is tax exempt under sections 501(c)(3) or 501(c)(6) of the Internal Revenue Code, 26 USC 501. Amicus curiae briefs filed under this subrule must include an attestation at the end of the brief that the organization is tax exempt as provided in this subrule.
(2)-(3) [Renumbered (3)-(4) but otherwise unchanged.]
(i)-(j) [Unchanged.]
Rule 7.305 Application for Leave to Appeal
(A)-(E) [Unchanged.]
(F) An amicus curiae brief in response to an application for leave to appeal may be filed on motion granted by the Court except as provided in MCR 7.312(H)(2) or as directed by the Court. The brief must be submitted within 21 days after the timely filing of the answer or within 21 days after the time for filing the answer under subrule (D) has passed. Except as otherwise provided in this subrule, a brief filed under this subrule must conform to MCR 7.312(H).
(F) [Relettered as (G) but otherwise unchanged.]
(HG) Submission and Argument. Applications for leave to appeal may be submitted for a decision after the reply brief has been filed or the time for filing such has expired, whichever occurs first. There is no oral argument on an application for leave to appeal unless ordered by the Court under subrule (IH)(1).
(H)-(I) [Relettered as (I)-(J) but otherwise unchanged.]
Rule 7.312 Briefs, Responses to Adverse Amicus Briefs, and Appendixes in Calendar Cases and Cases Argued on the Application
(A) Form and Length.
(1) Briefs in calendar cases and cases to be argued on the application must be prepared in conformity with subrule (B), MCR 7.212(B), (C), (D), and (G) as to form and length. If filed in hard copy, briefs shall be printed on only the front side of the page of good quality, white unglazed paper by any printing, duplicating, or copying process that provides a clear image. Typewritten, handwritten, or carbon copy pages may be used so long as the printing is legible.
(2) A party may file 1 signed copy of a response to an adverse amicus curiae brief filed under subrule (H), along with proof of its service on all other parties and amicus curiae. The response must:
(a) contain only a rebuttal of the arguments in the adverse amicus curiae brief;
(b) include a table of contents and an index of authorities; and
(c) be no longer than 3,200 words or, for self-represented litigants without access to a word-processing system, 10 pages, exclusive of tables, indexes, and appendixes.
An adverse amicus brief is one that advocates for a ruling on an issue or a result in the case that is contrary to the position of a party to the litigation.
(B)-(D) [Unchanged.]
(E) Time for Filing. Unless the Court directs a different time for filing, (1)-(3) [Unchanged.]
(4) a response to an adverse amicus curiae brief, if any, is due
(a) within 21 days after service of the adverse amicus curiae brief in a calendar case, or
(b) within 14 days after service of the adverse amicus curiae brief in a case being argued on the application.
(F)-(G) [Unchanged.]
(H) Amicus Curiae Briefs and Argument.
(1) An amicus curiae brief may be filed only on motion granted by the Court except as provided in subrulesection (2) or as directed by the Court. There is no fee for filing a motion under this subrule.
(2) A motion for leave to file an amicus curiae brief (in both calendar cases and cases being argued on the application) is not required in calendar cases or cases being argued on the application if the brief is presented:
(a) by the Attorney General on behalf of the people of the state of Michigan, the state of Michigan, or an agency or official of the state of Michigan;
(b) on behalf of any political subdivision of the state or a tribal government when submitted by its authorized legal officer, its authorized agent, or an association representing a political subdivision or a tribal government;
(c) or on behalf of the Prosecuting Attorneys Association of Michigan or the Criminal Defense Attorneys of Michigan by the State Bar of Michigan Board of Commissioners or a recognized practice area section or committee of the State Bar of Michigan;
(d) on behalf of the Michigan State Planning Body;
(e) on behalf of the State Appellate Defender Office as permitted by law; or
(f) on behalf of an organization that is tax exempt under sections 501(c)(3) or 501(c)(6) of the Internal Revenue Code, 26 USC 501. Amicus curiae briefs filed under this subrule must include an attestation at the end of the brief that the organization is tax exempt as provided in this subrule.
(3) (3)-(6) [Unchanged.]
(I) [Unchanged.]
(J) Extending or Shortening Time; Failure to File; Forfeiture of Oral Argument.
(1) The time provided for filing and serving the briefs, responses to adverse amicus curiae briefs, and appendixes may be shortened or extended by order of the Court on its own initiative or on motion of a party.
(2) (2)-(3) [Unchanged.]
(K) [Unchanged.]
Staff Comment (ADM File No. 2023-04): The amendments of MCR 7.212, 7.305, and 7.312 address the filing and timing of amicus curiae briefs. For both appellate courts, the amendments: allow amicus curiae briefs in response to an application for leave to appeal; eliminate the motion filing fee; and expand the groups that may file a brief without a motion or invitation. For the Supreme Court, the amendments also allow parties to file a response to an adverse amicus curiae brief, subject to certain timing and content requirements.
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. 2022-59
Amendment of Rule 6.302 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 amendment of Rule 6.302 of the Michigan Court Rules is adopted, effective May 1, 2025.
[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]
Rule 6.302 Pleas of Guilty and Nolo Contendere
(A)-(D) [Unchanged.]
(E) Additional Inquiries. On completing the colloquy with the defendant, the court must:
(1) Aask the prosecutor and the defendant’s lawyer whether either is aware of any promises, threats, or inducements other than those already disclosed on the record, and whether the court has complied with subrules (B)-(D). If it appears to the court that it has failed to comply with subrules (B)-(D), the court may not accept the defendant’s plea until the deficiency is corrected.
(2) Advise the defendant on the record and in writing on the form approved by the state court administrator that if the plea is accepted and the defendant engages in misconduct, as that term is defined in MCR 6.310, before sentencing, the court will not be bound by any sentencing agreement or evaluation.
(F) [Unchanged.]
Staff Comment (ADM File No. 2022-59): The amendment of MCR 6.302(E) requires courts, upon completing the colloquy in subrules (B)- (D) but before accepting a plea, to advise defendants of the consequences of misconduct in between plea acceptance and sentencing.
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.