News & Notices

From the Michigan Supreme Court November 2025

 

Michigan Bar Journal

From the Michigan Supreme Court

ADM File No. 2025-11
Amendments of Rules 2.105, 2.614, 6.610, 7.203, 7.305, 7.308, 7.312, 7.313, and 7.314 of the Michigan Court Rules, Rule 7.1 of the Michigan Continuing Judicial Education Rules, and Rule 15 of the Rules Concerning the State Bar of Michigan

On order of the Court, the following amendments of Rules 2.105, 2.614, 6.610, 7.203, 7.305, 7.308, 7.312, 7.313, and 7.314 of the Michigan Court Rules and Rule 15 of the Rules Concerning the State Bar of Michigan are adopted, effective immediately. On further order of the Court, the following amendment of Rule 7.1 of the Michigan Continuing Judicial Education Rules is adopted, effective immediately with retroactive effect to January 1, 2024.

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

Rule 2.105 Process, Manner of Service

(A)-(C) [Unchanged.]

(D) Private Corporations, Domestic and Foreign. Service of process on a domestic or foreign corporation may be made by

(1)-(3) [Unchanged.]

(4) sending a summons and a copy of the complaint by registered mail to the corporation or an appropriate corporation officer and to the Michigan Corporations, Securities & Commercial Licensing Bureau of Commercial Services, Corporation Division if

(a)-(c) [Unchanged.]

(E)-(L) [Unchanged.]

Rule 2.614 Stay of Proceedings to Enforce Judgment

(A)-(C) [Unchanged.]

(D) Stay on Appeal. Stay on appeal is governed by MCR 7.108, 7.209, and 7.305(JI). If a party appeals a trial court’s denial of the party’s claim of governmental immunity, the party’s appeal operates as an automatic stay of any and all proceedings in the case until the issue of the party’s status is finally decided.

(E)-(G) [Unchanged.]

Rule 6.610 Criminal Procedure Generally

(A)-(E) [Unchanged.]

(1) (F) Pleas of Guilty and Nolo Contendere. Before accepting a plea of guilty or nolo contendere, the court shall in all cases comply with this rule.

(1)-(8) [Unchanged.]

(9) The State Court Administrator shall develop and approve forms to be used under subrules (FE)(4)(b) and (c) and (FE) (7)(b).

(G)-(I) [Unchanged.]

Rule 7.203 Jurisdiction of the Court of Appeals

(A) Appeal of Right. The court has jurisdiction of an appeal of right filed by an aggrieved party from the following:

(1) A final judgment or final order of the circuit court, or court of claims, as defined in MCR 7.202(6), except a judgment or order of the circuit court

(a)-(b) [Unchanged.]
An appeal from an order described in MCR 7.202(6)(a) (iii)-(vi) is limited to the portion of the order with respect to which there is an appeal of right.

(2) [Unchanged.]

(B)-(F) [Unchanged.]

Rule 7.305 Application for Leave to Appeal

(A)-(B) [Unchanged.]

(B) When to File.

(1) Unchanged.]

(2) Application After Court of Appeals Decision. Except as provided in MCR 1.112subrule (C)(4), the application must be filed within 42 days in civil cases, or within 56 days in criminal cases, after:

(a)-(d) [Unchanged.]

(3)-(7) [Unchanged.]

(D)-(J) [Unchanged.]

Rule 7.308 Certified Questions and Advisory Opinions

(A) [Unchanged.]

(B) Advisory Opinion

(1) [Unchanged.]

(2) Briefing. The governor, any member of the house or senate, and the attorney general may file briefs in support of or opposition to the enacted legislation within 28 days after the request for an advisory opinion is filed. Interested parties may file amicus curiae briefs in accordance with MCR 7.312(H)on motion granted by the Court. The party shall file 1 signed copy of the brief that conforms as nearly as possible to MCR 7.312.

(3)-(4) [Unchanged.]

Rule 7.312 Briefs, Responses to Adverse Amicus Briefs, and Appendixes in Calendar Cases and Cases Argued on the Application

(A)-(D) [Unchanged.]

(E) Time for Filing. Unless the Court directs a different time for filing,

(1) [Unchanged.]

(2) the appellee’s brief and appendixes, if any, are due

(a) [Unchanged.]

(b) within 21 days after the appellant’s brief is served on the appellee in a case being argued on the application; and

(3) the reply brief is due

(a) [Unchanged.]

(b) within 14 days after the appellee’s brief is served on the appellant in a case being argued on the application.; and

(4) [Unchanged.] (F)-(K) [Unchanged.]

Rule 7.313 Supreme Court Calendar

(A) [Unchanged.]

(B) Notice of Hearing; Request for Oral Argument.

(1) After the briefs of both parties have been filed or the time for filing the appellant’s reply brief has expired, the clerk shall notify the parties that the calendar cases and the cases to be argued on the application under MCR 7.305(I H)(1) will be heard at a monthly session of the Supreme Court not less than 35 days after the date of the notice. The Court may direct that a case be scheduled for argument at a future monthly session with expedited briefing times or may shorten the 35-day notice period on its own initiative or on motion of a party.

(2) [Unchanged.]

(C) -(D)[Unchanged.]

(D) Reargument of Undecided Calendar Cases. When a calendar case remains undecided at the end of the term in which it was argued, the parties may file supplemental briefs. In addition, by directive of the Court or upon a party’s written request within 14 days after the beginning of the new term, the clerk shall schedule the case for reargument. This subrule does not apply to a case argued on the application for leave to appeal under MCR 7.305(IH)(1).

Rule 7.314 Call and Argument Cases

(A) [Unchanged.]

(B) Argument.

(1) [Unchanged.

(2) In a case being argued on the application for leave to appeal under MCR 7.305( IH)(1), each side that is entitled to oral argument is allowed 15 minutes to argue unless the Court orders otherwise.

(3) The time for argument may be extended by Court order on motion of a party filed at least 14 days before the session begins or by the Chief Justice during the argument.

Michigan Continuing Judicial Education Rules

Rule 7.1 Approval of Teaching Activities and Education Activities Conducted by Non-Accredited Providers

An educational activity offered by a non-accredited provider and teaching activities that are consistent with the purposes of these rules may qualify for MCJE credit as provided in this rule.

(A) (A)-(B) [Unchanged.]

(C) Requests for Approval. Except as otherwise provided in this subrule, a request for approval under subrules (A) or (B) must: (1) be made no earlier than 60 days before completing or holding the activity,

(2) be made before the end of the reporting periodno later than 42 days after completing or holding the activity,

(3) include information required by the Board, such as a detailed description of the activity, the qualifications of anticipated speakers, and information regarding the materials or anticipated lectures.

All requests must be made before the end of the reporting period.
(D) [Unchanged.]

Rules Concerning the State Bar of Michigan Rule 15. Admission to the Bar

Section 1 and Section 2 [Unchanged.]

Section 3. Procedure for Admission; Oath of Office.

(1) Each applicant to whom a certificate of qualification has been issued by the board of law examiners is required to appear personally and present such certificate to the Supreme Court, the Court of Appeals, or one of the circuit courts of this state. Upon motion made in open court by an active member of the State Bar of Michigan, the court may enter an order admitting such applicant to the bar of this state. The clerk of such court is required to forthwith administer to such applicant in open court the following oath of office:
[Oath unchanged.]

(2)-(3) [Unchanged.]

Staff Comment (ADM File No. 2025-11): 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. 2025-29 Adoption of Administrative Order No. 2025-2

Until further order of the Court, if a government shutdown occurs, filing deadlines in the Michigan Supreme Court, Court of Appeals, and Court of Claims will be extended by the same number of days

as the government is shut down. For purposes of this order, “filing deadlines” in the Court of Claims do not include statutory deadlines for filing a notice of intent or a complaint. The extension of filing deadlines applies to any document required to be filed with the court in order to preserve or facilitate a case or an appeal. If the government shutdown ends before the business day begins, that business day is not considered a shutdown day. The business day in these courts is Monday-Friday, 8:30 a.m. – 4:30 p.m.

ADM File No. 2021-29 Proposed Amendment of Rule 6.201 of the Michigan Court Rules

The Court, having given an opportunity for comment in writing and at a public hearing, again seeks public comment regarding the proposed amendment of Rule 6.201 of the Michigan Court Rules. The Court has revised the original proposal and is interested in receiving additional comments on this revised proposal.

On order of the Court, this is to advise that the Court is considering an amendment of Rule 6.201 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 6.201 Discovery

(A) [Unchanged.]

(B) Discovery of Information Known to the Prosecuting Attorney. Upon request, the prosecuting attorney must provide each defendant: (1) [Unchanged.]

(2) any police report and interrogation records concerning the case, except so much of a report as: (a) concerns a continuing investigation;

(b) contains any personal identifying information protected by MCR 1.109(D)(9)(a), which may be redacted;

(c) contains information otherwise protected under MCR 6.201, which may be redacted.

(3)-(5) [Unchanged.]

(C)-(K) [Unchanged.]

Staff Comment (ADM File No. 2021-29): The proposed amendment of MCR 6.201 would require, before providing a police report or interrogation record to the defendant, redaction of personal identifying information and information otherwise protected under the rule.

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 October 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. 2021- 29. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2022-34 Proposed Amendment of Rule 3.991 of the Michigan

On order of the Court, the proposed amendment of Rule 3.991 of the Michigan Court Rules having been published for comment at Mich (2025), and an opportunity having been provided for comment in writing and at a public hearing, the Court declines to adopt the proposed amendment.

ADM File No. 2023-35 Amendment of Canon 3 of the Michigan Code of Judicial Conduct

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 Canon 3 of the Michigan Code of Judicial Conduct is adopted, effective January 1, 2026. Additionally, the proposed amendment of Rule 6.5 of the Michigan Rules of Professional Conduct published for comment on March 6, 2025, is held for further consideration by the Court.

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

Canon 3. A Judge Should Perform the Duties of Office Impartially and Diligently.

The judicial duties of a judge take precedence over all other activities. Judicial duties include all the duties of office prescribed by law. A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice. In the performance of these duties, the following standards apply:

A. Adjudicative Responsibilities: (1)-(14) [Unchanged.]

(1) Without regard to a person’s race, gender, or other protected personal characteristic, a judge shallshould treat every person fairly, with courtesy and respect, and shall not intentionally or recklessly, in the performance of judicial duties, manifest bias or prejudice, or engage in harassment. To the extent possible, a judge should require staff, court officials, and others who are subject to the judge’s direction and control to adhere to the same standard when interacting withprovide such fair, courteous, and respectful treatment to persons who have contact with the court.

(2) The restrictions of subrule (15) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.

B.-D.[Unchanged.]

Staff Comment (ADM File No. 2023-35): The amendment of MCJC Canon 3 prohibits, in the performance of judicial duties, judges and lawyers from intentionally or recklessly manifesting bias or prejudice and engaging in harassment.

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. 2022-34 Proposed Amendment of Rule 3.992 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 3.992 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 3.992 Rehearings; New Trial

(A) Time and Grounds. Except for the case of a juvenile tried as an adult in the family division of the circuit court for a criminal offense, and except for a case in which parental rights are terminated, a party may seek a rehearing or new trial by filing a written motion stating the basis for the relief sought within 21 days after the date of the order resulting from the hearing or trial. In a case that involves termination of parental rights, a motion for new trial, rehearing, reconsideration, or other postjudgment relief shall be filed within 14 days after the date of the order terminating parental rights. The court may entertain an untimely motion for good cause shown.

(B) Grounds. Except for a motion that seeks relief from an order entered pursuant to MCR 3.991(A)(3), aA motion will not be considered unless it presents a matter not previously presented to the court, or presented, but not previously considered by the court, which, if true, would cause the court to reconsider the case. A motion that seeks relief from an order entered pursuant to MCR 3.991(A)(3) must be considered.

(B)-(F) [Relettered (C)-(G) but otherwise unchanged.]

Staff Comment (ADM File No. 2022-34): The proposed amendment of MCR 3.992 would require courts to consider a motion for postjudgment relief when the underlying order was entered following a referee’s recommendation and before the time for filing for judicial review under MCR 3.991 has elapsed. See MCR 3.991(A)(3).

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 February 1, 2026, 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. 2022-34. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2023-12 Amendment of Rule 3.602 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 3.602 of the Michigan Court Rules is adopted, effective January 1, 2026.

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

Rule 3.602 Arbitration

(A) Applicability of Rule. Courts shall have all powers described in MCL 691.1681 et seq., or reasonably related thereto, for arbitrations governed by that statute. Unless otherwise provided by statute, an action or proceeding commenced on or after July 1, 2013, is governed by MCL 691.1681 et seq., and not this rule. The remainder of this rule applies to all other forms of arbitration, in the absence of contradictory provisions in the arbitration agreement or limitations imposed by statute, including MCL 691.1683(2).

(B)-(N) [Unchanged.]

Staff Comment (ADM File No. 2023-12): The amendment of MCR 3.602(A) clarifies the applicability of MCR 3.602 and the Michigan Uniform Arbitration Act, MCL 691.1681 et seq.

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.