ADM File No. 2023-38
Proposed Amendments of Rules 9.110, 9.111, 9.115, 9.117, 9.118, 9.125, 9.128, 9.129, 9.131, 9.201, 9.211, 9.221, 9.224, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.240, 9.241, 9.242, 9.243, 9.244, 9.245, 9.251, 9.261, and 9.263 of the Michigan Court Rules and Rules 1.12 and 3.5 of the Michigan Rules of Professional Conduct
To read this file, visit https://perma.cc/2RST-ASHL
ADM File No. 2024-40
Proposed Amendment of Rules 2, 3, 3.3, 4, 4.1, 4.2, 7, and 9 of the Michigan Continuing Judicial Education Rules
To read this file, visit https://perma.cc/EK2V-9K5S
ADM File No. 2023-10
Proposed Amendment of Rule 6.008 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering an amendment of Rule 6.008 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 6.008 Criminal Jurisdiction (A)-(B) [Unchanged.]
(C) Remands Following Dismissal of Charges. If the circuit court dismisses all felony charges and the only remaining charges are those cognizable in the district court, the circuit court may remand the case to the district court for further proceedings to be held in accordance with applicable laws and rules.
(C)-(E) [Relettered as (D)-(F) but otherwise unchanged.]
Staff Comment (ADM File No. 2023-10): The proposed amendment of MCR 6.008 would incorporate the People v Cramer, 511 Mich 896 (2023) holding by clarifying that circuit courts can remand misdemeanor charges to the district court following the dismissal of all felony charges that were bound over.
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 August 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. 2023-10. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2023-25
Proposed Amendment of Rule 1.6 of the Michigan Rules of Professional Conduct
On order of the Court, the following Local Court Rule 2.518 for the 19th Circuit Court and 85th District Court (Manistee County) is adopted, effective June 1, 2025.
LCR 2.518 Submission of Trial and Hearing Exhibits
(A) Introduction. This local rule establishes a procedure for represented and unrepresented parties to submit proposed exhibits to the court prior to hearings and trials.
(B) Submission of Exhibits in General.(1) Exhibits are Not Court Records. Pursuant to MCR 1.109(A)(2), exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not court records.
(2) Personal Identifying Information. Motions and pleadings may reference attachments, except that such attachments shall not include unredacted personal identifying information, unless submitted in the form and manner established by the State Court Administrative Office.
(3) Attachment of Prohibited or Confidential Information. No motion or pleading shall attach any document that is:
(a) described in MCR 3.229,
(b) within the scope of a protective order filed or requested in the action, or
(c) the subject of an entered order or pending motion to seal the document under MCR 8.119(I), unless such document is identified as nonpublic, confidential, or sealed, pursuant to applicable court rule. Attachments to pleadings that violate this rule are subject to being stricken pursuant to MCR 2.115(B).
(4) Prior Orders or Judgments. It is unnecessary and redundant to attach copies of prior court orders or judgments to pleadings filed in the same case, as such prior orders are already part of the record.
(5) Attachments to and Items Inserted Within Pleadings are Not Exhibits. No attachment to or item inserted, copied and pasted, or similarly included within a filed pleading shall be considered an exhibit. No attachment to or item inserted, copied and pasted, or similarly included within a filed pleading shall be simultaneously admissible as an exhibit at any subsequent hearing or trial (i.e., no attachment to a pleading may be removed from a court file to be used as an exhibit). A separate copy must be provided and marked as an exhibit at such a hearing or trial.
(6) Disposal of Exhibits. Pursuant to MCR 2.518, upon expiration of the applicable appeal period, parties shall retrieve the exhibits submitted by them except that any weapons and drugs shall be returned to the confiscating agency for proper disposition. If the exhibits are not requested and retrieved within 56 days after the conclusion of the applicable appeal period, the court may properly dispose of the exhibits without notice to the parties. Unretrieved exhibits that are confidential records or confidential electronic records may be disposed of by shredding or deletion, respectively.
(C) Prehearing and Pretrial Submission of Exhibits.
(1) Existing Pretrial Orders in a Case are Controlling. Documents, photographs, and other physical evidence shall be disclosed and exchanged between the parties in accordance with any pretrial or scheduling order entered in the case, and in accord with discovery requests pursuant to the Michigan Court Rules.
(2) Exchange of Exhibits in Absence of Pretrial Order. In the absence of a specific pretrial or scheduling order, parties shall exchange proposed exhibits at least fourteen (14) days before any evidentiary hearing or trial before the judge, and parties shall exchange proposed exhibits at least fourteen (14) days before any referee hearing or motion hearing, unless the court permits otherwise for good cause. These disclosure/exchange requirements do not apply to evidence submitted for rebuttal purposes. All proposed exhibits for any evidentiary hearing or trial are subject to admissibility under the Michigan Rules of Evidence. If the volume or nature of the proposed exhibit(s) makes them excessively expensive, difficult, or burdensome to print or submit in physical form, the proposing party shall promptly advise the court so as to determine whether electronic evidence can be exchanged between parties and presented to the court in a mutually-compatible electronic format, capable of being presented in court, and preserved as part of the electronic record. The timing of exhibit exchange under this rule does not override any requirements of the Michigan Court Rules imposing earlier exchange time frames.
(3) Court Staff Assistance is Limited. Court staff shall have no obligation to print any electronic file to paper or convert it to any other format prior to a hearing or trial. Any such printing done by court staff is strictly a courtesy to the judge and is conditioned upon court staff’s time and availability. Judges and referees are not expected to search for proposed physical or electronic evidence prior to or during any hearing or trial, and submission of proposed exhibits directly to a judge or referee via email is prohibited as an ex parte communication.
(4) Prior Arrangement for Presentation of Electronic Evidence Required. Any party intending to present electronic evidence at any trial or hearing is responsible for confirming, before said trial or hearing, that:(a) said electronic evidence is compatible with the court’s technology;
(b) it can be seen, heard, or read during the trial or hearing;
(c) if admitted into evidence, it can be preserved as part of the court record; and
(d) said party will be capable of presenting said electronic evidence using available technology.
Failure to confirm such compatibility and capacity prior to the hearing or trial is not grounds for adjournment unless the court determines otherwise for good cause. Nothing in this subrule authorizes the court to refuse to admit evidence that is otherwise admissible pursuant to the Michigan Rules of Evidence.
Staff Comment (ADM File No. 2025-10): The adoption of LCR 2.518 facilitates the submission of proposed exhibits in the 19th Circuit Court and the 85th District Court (Manistee County).
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. 2025-03
Proposed Amendment of Rule 1.111 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering an amendment of Rule 1.111 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 1.111 Foreign Language Interpreters
(A) Definitions. When used in this rule, the following words and phrases have the following definitions:
(1)-(3) [Unchanged.]
(4) “Certified foreign language interpreter” means a person who meets all of the following criteriahas: (a) has passed a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(b) has met all the requirements established by the state court administrator for this interpreter classification, and
(c) is registered with the State Court Administrative Office, and.
(d) provides foreign language interpreter services independently or on behalf of a registered interpreter firm.
(5) “Interpret” and “interpretation” mean the oral rendering of spoken or written communication from one language to another without change in meaning.
(6) “Qualified foreign language interpreter” means a person who meets all of the following criteria:
(a) has passed the written English proficiency exam administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(b) within the last two calendar years, has passed the consecutive portion of a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(c) is actively engaged in becoming certified by continuing to test on each portion of the oral examination in each calendar year,
(d) has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services,
(e) meets the requirements established by the state court administrator for this interpreter classification,
(f) is registered with the State Court Administrative Office, and
(g) provides foreign language interpretation services independently or on behalf of a registered interpreter firm.
(a) A person who provides interpretation services, provided that the person has:
(i) registered with the State Court Administrative Office; and
(ii) passed the consecutive portion of a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator (if testing exists for the language), and is actively engaged in becoming certified; and
(iii) met the requirements established by the state court administrator for this interpreter classification; and
(iv) been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(b) A person who works for an entity that provides in-person interpretation services provided that:
(i) both the entity and the person have registered with the State Court Administrative Office; and
(ii) the person has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(c) A person who works for an entity that provides interpretation services by telecommunication equipment, provided that:
(i) the entity has registered with the State Court Administrative Office; and
(ii) the entity has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services
(7) “Registered interpreter firm” means an entity that employs certified or qualified foreign language interpreters to provide foreign language interpretation services and that is registered with the State Court Administrative Office.
(B) [Unchanged.]
(C) Waiver of Appointment of Foreign Language Interpreter. A person may waive the right to a foreign language interpreter established under subrule (B)(1) unless the court determines that the interpreter is required for the protection of the person’s rights and the integrity of the case or court proceeding. The court must find on the record that a person’s waiver of an interpreter is knowing and voluntary. When accepting the person’s waiver, the court may use a foreign language interpreter. For purposes of this waiver, the court is not required to comply with the requirements of subrule (F) and the foreign language interpreter may participate remotely.
(D) Recordings. The court may make a recording of anything said by a foreign language interpreter or a limited English proficient person while testifying or responding to a colloquy during those portions of the proceedings.
(E) [Unchanged.]
(F) Appointment of Foreign Language Interpreters
(1)-(4) [Unchanged.]
(5) Except as otherwise provided in this subrule, iIf a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs. Reimbursement is prohibited in criminal cases.
(6)-(7) [Unchanged.]
(G) Administration of Oath or Affirmation to Interpreters. The court shall administer an oath or affirmation to a foreign language interpreter substantially conforming to the following: “Do you solemnly swear or affirm that you will truly, accurately, and impartially interpret in the matter now before the court and not divulge confidential communications, so help you God?”
(H) [Unchanged.]
Staff Comment (ADM File No. 2025-03): The proposed amendment of MCR 1.111 would prohibit reimbursement for interpreter services in criminal cases, update the definitions for “interpret,” “certified foreign language interpreter,” and “qualified foreign language interpreter,” and add a new definition for a “registered interpreter firm.”
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 August 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. 2025-03. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2025-04
Proposed Amendment of Rule 3.613 of the Michigan Court Rules
On order of the Court, this is to advise that the Court is considering an amendment of Rule 3.613 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 3.613 Change of Name
(A) [Unchanged.]
(B) Published Notice; Contents. Unless otherwise provided in this rule, the court must order publication of the notice of the proceeding to change a name in a newspaper in the county where the action is pending. If the court has waived fees under MCR 2.002, it must pay the cost of any ordered publication, including any affidavit fee charged by the publisher or the publisher’s agent for preparing the affidavit pursuant to MCR 2.106(G). Any case record reflecting court payment must be nonpublic. A published notice of a proceeding to change a name must include the name of the petitioner; the current name of the subject of the petition; the proposed name; and the time, date, and place of the hearing, or alternatively, the date by which a person with the same or similar name to the petitioner’s proposed name must file a motion to intervene. Proof of service must be made as provided by MCR 2.106(G)(1).
(C) No Publication of Notice; Confidential Record. Upon receiving a petition showingestablishing good cause, the court must order that no publication of notice of the proceeding take place and that the record of the proceeding be confidential. Good cause includes but is not limited to evidence that publication or availability of thea record of the proceeding could place the petitioner or another individual in physical danger, at an or increased the likelihood of such danger, orsuch as evidence that the petitioner or another individual has been the victim of stalking, domestic violence, human trafficking, harassment, or an assaultive crime, or evidence that publication or the availability of a record of the proceeding could place the petitioner or another individual at risk of unlawful retaliation or discrimination. Good cause must be presumed as provided in MCL 711.3. (1) A petition that showsEvidence supporting good cause must stateinclude the petitioner’s or the endangered individual’s sworn statement stating the reason(s) why the petitioner or the endangered individual fears publication or availability of the record of the proceedingsupporting good cause, including but not limited to fear of physical danger, if the record is published or otherwise available. The court must not require proof of an arrest or prosecution to find that a petition showsreach a finding of good cause.
(2) [Unchanged.]
(3) If a petition requesting nonpublication under this subrule is granted, the court must:
(a) [Unchanged.]
(b) notify the petitioner of its decision and the time, date, and place of the hearing, if any, on the requested name change under subrule (A); and
(c) [Unchanged.]
(4) If a petition requesting nonpublication under this subrule is denied, the court must issue a written order that states the reasons for denying relief and advises the petitioner of the right to
(a)-(b) [Unchanged.]
(c) proceed with a hearing on the name change petition by submitting a publication of notice of hearing for name change form with the court within 14 days of entry of the order denying the petition requesting nonpublication. If the petitioner submits such form, in accordance with subrule (B) the court maymust set a time, date, and place of a hearing and must order publication in accordance with subrule (B).
(5)-(9) [Unchanged.]
(10) If a petition requesting nonpublication under this subrule is denied, and the petitioner or the court proceed with thesetting a time, date, and place of a hearing on the petition for a name change as provided in subrules (4)(c) or (6), the court must order that the record is no longer confidential.
(D) Minor’s Signature. A petition for a change of name by a minor need not be signed in the presence of a judge. However, the separate written consent that must be signed by a minor 14 years of age or older shall be signed in the presence of the judge.
(E) Notice to Noncustodial Parent. Service on a noncustodial parent of a minor who is the subject of a petition for change of name must be made in the following manner: (1) [Unchanged.]
(2) Address Unknown. If the noncustodial parent’s address or whereabouts is not known and cannot be ascertained after diligent inquiry, that parent must be served with a notice of hearing by one of the following methods: (a) by publishing in a newspaper and filing a proof of service as provided by MCR 2.106(G)(1). Unless otherwise provided in this rule, the notice must be published one time at least 14 days before the date of anythe hearing, must include the name of the noncustodial parent and a statement that the result of the hearing may be to bar or affect the noncustodial parent’s interest in the matter, and that publication must be in the county where the court is located unless a different county is specified by statute, court rule, or order of the court. A notice published under this subrule need not set out the contents of the petition if it contains the information required under subrule (B). A single publication may be used to notify the general public and the noncustodial parent whose address cannot be ascertained if the notice contains the noncustodial parent’s name.
(b) [Unchanged.]
(c) (F)-(G) [Unchanged.]
Staff Comment (ADM File No. 2025-04): The proposed amendment of MCR 3.613 would realign the rule with recent amendments of MCL 711.1 and MCL 711.3 regarding name change proceedings.
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 August 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. 2025-04. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2025-10
Adoption of Local Court Rule 2.518 for the 19th Circuit Court and 85th District Court (Manistee County)
On order of the Court, the following Local Court Rule 2.518 for the 19th Circuit Court and 85th District Court (Manistee County) is adopted, effective June 1, 2025.
LCR 2.518 Submission of Trial and Hearing Exhibits
(D) Introduction. This local rule establishes a procedure for represented and unrepresented parties to submit proposed exhibits to the court prior to hearings and trials.
(E) Submission of Exhibits in General. (1) Exhibits are Not Court Records. Pursuant to MCR 1.109(A)(2), exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not court records.
(2) Personal Identifying Information. Motions and pleadings may reference attachments, except that such attachments shall not include unredacted personal identifying information, unless submitted in the form and manner established by the State Court Administrative Office.
(3) Attachment of Prohibited or Confidential Information. No motion or pleading shall attach any document that is:
(a) described in MCR 3.229,
(b) within the scope of a protective order filed or requested in the action, or
(c) the subject of an entered order or pending motion to seal the document under MCR 8.119(I), unless such document is identified as nonpublic, confidential, or sealed, pursuant to applicable court rule. Attachments to pleadings that violate this rule are subject to being stricken pursuant to MCR 2.115(B).
(4) Prior Orders or Judgments. It is unnecessary and redundant to attach copies of prior court orders or judgments to pleadings filed in the same case, as such prior orders are already part of the record.
(5) Attachments to and Items Inserted Within Pleadings are Not Exhibits. No attachment to or item inserted, copied and pasted, or similarly included within a filed pleading shall be considered an exhibit. No attachment to or item inserted, copied and pasted, or similarly included within a filed pleading shall be simultaneously admissible as an exhibit at any subsequent hearing or trial (i.e., no attachment to a pleading may be removed from a court file to be used as an exhibit). A separate copy must be provided and marked as an exhibit at such a hearing or trial.
(6) Disposal of Exhibits. Pursuant to MCR 2.518, upon expiration of the applicable appeal period, parties shall retrieve the exhibits submitted by them except that any weapons and drugs shall be returned to the confiscating agency for proper disposition. If the exhibits are not requested and retrieved within 56 days after the conclusion of the applicable appeal period, the court may properly dispose of the exhibits without notice to the parties. Unretrieved exhibits that are confidential records or confidential electronic records may be disposed of by shredding or deletion, respectively.
(F) Prehearing and Pretrial Submission of Exhibits. (1) Existing Pretrial Orders in a Case are Controlling. Documents, photographs, and other physical evidence shall be disclosed and exchanged between the parties in accordance with any pretrial or scheduling order entered in the case, and in accord with discovery requests pursuant to the Michigan Court Rules.
(2) Exchange of Exhibits in Absence of Pretrial Order. In the absence of a specific pretrial or scheduling order, parties shall exchange proposed exhibits at least fourteen (14) days before any evidentiary hearing or trial before the judge, and parties shall exchange proposed exhibits at least fourteen (14) days before any referee hearing or motion hearing, unless the court permits otherwise for good cause. These disclosure/exchange requirements do not apply to evidence submitted for rebuttal purposes. All proposed exhibits for any evidentiary hearing or trial are subject to admissibility under the Michigan Rules of Evidence. If the volume or nature of the proposed exhibit(s) makes them excessively expensive, difficult, or burdensome to print or submit in physical form, the proposing party shall promptly advise the court so as to determine whether electronic evidence can be exchanged between parties and presented to the court in a mutually-compatible electronic format, capable of being presented in court, and preserved as part of the electronic record. The timing of exhibit exchange under this rule does not override any requirements of the Michigan Court Rules imposing earlier exchange time frames.
(3) Court Staff Assistance is Limited. Court staff shall have no obligation to print any electronic file to paper or convert it to any other format prior to a hearing or trial. Any such printing done by court staff is strictly a courtesy to the judge and is conditioned upon court staff’s time and availability. Judges and referees are not expected to search for proposed physical or electronic evidence prior to or during any hearing or trial, and submission of proposed exhibits directly to a judge or referee via email is prohibited as an ex parte communication.
(4) Prior Arrangement for Presentation of Electronic Evidence Required. Any party intending to present electronic evidence at any trial or hearing is responsible for confirming, before said trial or hearing, that:
(a) said electronic evidence is compatible with the court’s technology;
(b) it can be seen, heard, or read during the trial or hearing;
(c) if admitted into evidence, it can be preserved as part of the court record; and
(d) said party will be capable of presenting said electronic evidence using available technology.
Failure to confirm such compatibility and capacity prior to the hearing or trial is not grounds for adjournment unless the court determines otherwise for good cause. Nothing in this subrule authorizes the court to refuse to admit evidence that is otherwise admissible pursuant to the Michigan Rules of Evidence.
Staff Comment (ADM File No. 2025-10): The adoption of LCR 2.518 facilitates the submission of proposed exhibits in the 19th Circuit Court and the 85th District Court (Manistee County).
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.