News & Notices

From the Michigan Supreme Court December 2025

 

Michigan Bar Journal

From the Michigan Supreme Court

ADM File No. 2022-31

Proposed Amendment of Rule 2.106 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.106 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 2.106 Notice by Posting or Publication (

(A)-(E) [Unchanged.]

(F) Newspaper Defined.

(1) The term “newspaper” as used in this rule means a print publicationis limited to a newspaper published in the English language for the dissemination of local news of a general charactergeneral news and information or for the dissemination of legal news, to which all of the following apply:.

(a) There isThe newspaper must have a bona fide list of paying subscribers to the publication or the publication hasor have been published at least once a week in the same community without interruption for at least 2 years.,

(b) The publication hasand have been published and of general circulation at not less than weekly intervalsestablished, published, and circulated at least once a week without interruption for at least 1 year in the county where publication is to occur. A newspaper shall not lose eligibility for interruption of continuous publication due to any of the following:

(i) An act of God.

(ii) Labor disputes.

(iii) The COVID-19 pandemic, for the period beginning March 10, 2020 through the end of the COVID-19 pandemic.

(iv) Military service of the publisher for a period not to exceed 2 years and provided the publication is resumed within 6 months following the termination of such military service.

(c) The publication annually averages at least 25% news and editorial content per issue.

(d) The publication must offer a print and website version. During the full publication period, any notice must appear in the publication’s print and website versions and be placed on the website established and maintained by a state association of newspapers that represents a majority of newspapers in this state as a central repository for notices.

(2) [Unchanged.]

(G) [Unchanged.]

Staff Comment (ADM File No. 2022-31): The proposed amendment of MCR 2.106 would update the definition of “newspaper” for notice by publication. See MCL 691.1051.

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 filing a comment, please refer to ADM File No. 2022-31. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2023-09

Proposed Amendment of Rule 6.106 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 6.106 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 6.106 Pretrial Release

(A)-(H) [Unchanged.]

(I) Termination of Release Order. (1) Except as otherwise provided in this subrule, iIf the conditions of the release order are met and the defendant is discharged from all obligations in the case, the court must vacate the release order, discharge anyone who has posted bail or bond, and, return the cash (or its equivalent) posted in the full amount of the bail, or, if there has been a deposit of 10 percent of the full bail amount for a crime governed by MCL 780.66, return 90 percent of the deposited money and retain 10 percent. If the accused deposited 10 percent of the full bail amount for a crime governed by MCL 780.66, is discharged from all obligations in the case, and has not been convicted of the charged crime, the court must return to the defendant the entire deposited amount.

(2)-(3) [Unchanged.]

Staff Comment (ADM File No. 2023-09): The proposed amendment of MCR6.106 would align the rule with MCL 780.66(6), which addresses the return of deposited percent bonds.

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. 2023- 09. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2024-02

Proposed Amendment of Rule 7.215 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.215 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 7.215 Opinions, Orders, Judgments, and Final Process for Court of Appeals

(A)-(G) [Unchanged.]

(H) Certain Dispositive Orders and Opinions in Criminal Cases;.

(1) [Numbered but otherwise unchanged.]

(2) Remand With Retained Jurisdiction. If the Court of Appeals remands a case to the trial court and retains jurisdiction, the Court of Appeals will review the decisions made by the trial court during the remand proceedings and consider any remaining issues in the appeal in the same Court of Appeals case. The parties and the trial court must not initiate a new appeal from an order entered on remand within the scope of this appeal.

Unless the Court of Appeals states a different time, the appellant must:

(a) initiate the proceedings in the trial court within 21 days of the Court’s opinion.

(b) file with the Court of Appeals all orders entered on remand within seven days of entry by the trial court.

(c) ensure the transcripts of all proceedings on remand are filed in the trial court and the Court of Appeals within 21 days after completion of the proceedings.

In a criminal or termination of parental rights case, the appellant may file a supplemental brief addressing issues resulting from the remand proceedings within 21 days after the trial court’s decision or after the filing of the transcript of the remand proceedings in the trial court, whichever is later. If the appellant does not file a supplemental brief, the appellee may file a supplemental brief within 21 days after appellant’s time for filing has run. A responsive brief may be filed within 14 days of service of the supplemental brief.

In all other cases, the parties may move for leave to file supplemental briefs after the proceedings on remand have concluded.

The parties may request oral argument in their supplemental briefs. The Court of Appeals retains discretion to grant or deny requests for oral argument.

(I)-(J) [Unchanged.]

Staff Comment (ADM File No. 2024-02): The proposed amendment of MCR 7.215 would clarify that in cases where the Court of Appeals remands a case to the trial court, the Court of Appeals will review the decisions made on remand, and in criminal and termination of parental rights cases, the parties are afforded the right to supplemental briefing.

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. 2024-02. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2024-07

Proposed Amendment of Rule 6 of the Rules Concerning the State Bar of Michigan

On order of the Court, this is to advise that the Court is considering an amendment of Rule 6 of the Rules Concerning the State Bar of Michigan. 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. Representative Assembly.

Section 1-3 [Unchanged.]

Section 4. Nomination and Election of Representatives. A representative is elected by the active members having their principal offices in a judicial circuit. To be nominated, a member must have his or her principal office or residence, or regularly practice law in the judicial circuit and file a petition signed by at least 5 persons entitled to vote for the nominee with the secretary at the principal office of the State Bar between April 1 and April 30. Voting eligibility is determined annually on May 1. Before June 2, the secretary shall mail or electronically deliver a ballot to everyone entitled to vote. When an assembly member seeks reelection, the election notification must disclose his or her incumbency and the number of meetings of the assembly that the incumbent has attended in the following form: “has attended of meetings during the period of [his or her] incumbency.” A ballot may not be counted unless marked and returned to the secretary at the principal office of the State Bar in a sealed envelope bearing a postmark date not later than June 15, or returned electronically or telephonically in conformity with State Bar election procedure not later than June 15. A board of tellers appointed by the president shall canvass the ballots and the secretary shall certify the count to the supreme court clerk. A member of or candidate for the assembly may not be a teller. The candidate receiving the highest number of votes will be declared elected. In the case of a tie vote, the tellers shall determine the successful candidate by lot. An election will occur in each judicial circuit every 3 years, except that in a judicial circuit entitled to 3 or more representatives, one-third will be elected each year. If a short-term representative is to be elected at the same election as a full-term one, the member with the higher vote total is elected to the longer term.

Section 5. Terms. An elected representative shall serve a three-year term beginning with the adjournment of the annual meeting following the representative’s election and until his or her successor is elected. A representative may not continue to serve after completing two successive three-year terms unless service is extended under the provisions of Rule 7, Section 2.2.

Section 6. Vacancy. If an elected representative ceases to be a member of the State Bar of Michigan, dies during his or her term of office, moves his or her principal office out of the judicial circuit he or she represents, or submits a written resignation acceptable to the chairperson, the chairperson shall declare that a vacancy exists. If an elected representative does not attend two consecutive meetings of the assembly without being excused by the chairperson because of a personal or professional emergency, or does not attend three consecutive meetings of the assembly for any reason or reasons, the chairperson shall declare that a vacancy exists. When a vacancy exists, the remaining representatives from the affected judicial circuit or, if there are none, the State Bar-recognized local bar associations in the affected judicial circuit, shall nominate a successor prior to the next meeting of the assembly. The assembly may appoint such nominee or, in the event of failure to receive such nomination, any lawyer from the affected judicial circuit, to fill the vacancy, effective immediately upon such appointment and continuing until the position is filled by the election process. In the event that at the time a vacancy arises under this rule more than eighteen months remain in the term of an elected representative, there will be an election for the unexpired term at the next annual election of representatives. If there are less than eighteen months remaining in the term of an elected representative when a vacancy arises, no interim election will be held. The interim appointment ends when the secretary certifies the election count, and the person elected shall take his or her seat immediately.

Section 7-8 [Unchanged.]

Staff Comment (ADM File No. 2024-07): The proposed amendment of Rule 6 would address the nomination and election of members of the Representative Assembly, including their terms and vacancies.

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. 2024- 07. Your comments and the comments of others will be posted under the chapter affected by this proposal

ADM File No. 2024-10

Proposed Amendment of Rule 6.429 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 6.429 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 6.429 Correction and Appeal of Sentence

(A) Authority to Modify Sentence. The court may correct an invalid sentence, on its own initiative after giving the parties an opportunity to be heard, or on motion by either party. Any correction of an invalid sentence on the court’s own initiative must occur after giving the parties an opportunity to be heard and within 6 months of the entry of the judgment of conviction and sentence. Any objection to the corrected sentence must be presented to the court at the time that the court provides an opportunity to be heard. But tThe court may not modify a valid sentence after it has been imposed except as provided by law. Any correction of an invalid sentence on the court’s own initiative must occur within 6 months of the entry of the judgment of conviction and sentence.

(B)-(C) [Unchanged.]

Staff Comment (ADM File No. 2024-10): The proposed amendment of MCR 6.429 would reorganize and update the rule to clarify that a court must afford parties an opportunity to object to its sua sponte correction of a Judgment of Sentence and that the parties must raise any objections when that opportunity is provided.

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. 2024- 10. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2024-30 ADM File No. 2024-39

Proposed Amendment of Rule 7.306 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.306 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 7.306 Original Proceedings

(A)-(B) [Unchanged.]

(C) The following actions must be initiated only in the Supreme Court as an original proceeding and in accordance with this rule:

(1)-(2) [Unchanged.]

(3) An action under MCL 168.479 that challenges a determination by the Board of State Canvassers under MCL 168.882 or MCL 168.883a regarding a recount or proposed recount of ballots cast for President or Vice President of the United States following the most recent general election.

For any filing deadlines expressed in terms of hours, MCR 1.109(G)(5)(b) does not apply.

(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)-(2) [Unchanged.]

(3) Proof that the complaint and brief were served on the defendant, and

(a)-(b) [Unchanged.]

(c) for purposes of a complaint filed under MCL 168.46, it must also include a date and time stamped copy of the board of state canvasser’s certification of the completed recount, and service of a copy of the complaint and brief shall be made on the defendant(s) and all of the following persons if not named as a defendant:

(i)-(iv) [Unchanged.]

A complaint filed under MCL 168.46 must be filed with the Court within 24 hours after the board of state canvassers’sgovernor’s certification of the completed recount or bybut no later than 8:00 a.m. on the day before the electors of President and Vice President are required to convene pursuant to MCL 168.47, whichever is earlier.

(d) for purposes of a complaint filed under MCL 168.845a, it must also include a date and time stamped copy of the certification or determination of the presidential election results, and service of a copy of the complaint and brief shall be made on the defendant(s) and all of the following persons if not named as a defendant:

(i)-(iv) [Unchanged.]

A complaint filed under MCL 168.845a must be filed with the Court within 48 hours after the certification or determination of the results of a presidential election and must name the board of state canvassers as a defendant.

(e) for purposes of a complaint filed under MCL 168.479 to challenge a determination under MCL 168.882 or MCL 168.883a, service of a copy of the complaint and brief shall be made on any of the following persons if not named as a defendant:

(i) all presidential and vice presidential candidates who appeared on the ballot,

(ii) the governor,

(iii) the attorney general,

(iv) the secretary of state, and

(v) any chairperson of a board of county canvassers that may be subject to or participated in the recount.

A complaint filed under MCL 168.479 to challenge a determination under MCL 168.882 or MCL 168.883a must be filed within 24 hours after the Board of State Canvassers issues its determination.

(4) [Unchanged.]

Copies of relevant documents, record evidence, or supporting affidavits may be attached as exhibits to the complaint.

(E) Answer.

(1)-(3) [Unchanged.]

(4) A defendant in an action filed under MCL 168.479 to challenge a determination under MCL 168.882 or MCL 168.883a must file the following with the clerk within 24 hours of the complaint being filed, unless the Court directs otherwise:

(a) 1 signed copy of an answer in conformity with MCR 2.111(C);

(b) 1 signed copy of a supporting brief in conformity with MCR 7.212(B) and (D); and

(c) Proof that a copy of the answer and supporting brief was served on the plaintiff.

(4) [Renumbered (5) but otherwise unchanged.]

(F) [Unchanged.]

(G) Reply Brief. 1 signed copy of a reply brief may be filed as provided in MCR 7.305(E). In an action filed under Const 1963, art 4, § 6(19), a reply brief may be filed within 3 days after service of the answer and supporting brief, unless the Court directs otherwise. In an action filed under MCL 168.845a, a reply brief may be filed within 24 hours1 day after service of the answer and supporting brief, unless the Court directs otherwise. A plaintiff may not file a reply brief in an action for judicial review under MCL 168.46 or in an action under MCL 168.479 that challenges the Board of State Canvassers’ determination(s) under MCL 168.882 or MCL 168.883a.

(H)-(L) [Unchanged.]

Staff Comment (ADM File Nos. 2024-30 and 2024-39): The proposed amendment of MCR 7.306 would clarify some previously-adopted amendments and would allow new original actions relating to recounts or proposed recounts of the ballots cast in a presidential election to be filed in this Court as a means of reducing any judicial-related barriers that may interfere with the outcome of such a recount or proposed recount.

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. 2024- 30/2024-39. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2024-30 ADM File No. 2024-39

Proposed Amendment of Rule 7.306 of the Michigan Court Rules

On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.306 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 7.306 Original Proceedings

(A)-(B) [Unchanged.]

(C) The following actions must be initiated only in the Supreme Court as an original proceeding and in accordance with this rule:

(1)-(2) [Unchanged.]

(3) An action under MCL 168.479 that challenges a determination by the Board of State Canvassers under MCL 168.882 or MCL 168.883a regarding a recount or proposed recount of ballots cast for President or Vice President of the United States following the most recent general election.

For any filing deadlines expressed in terms of hours, MCR 1.109(G)(5)(b) does not apply.

(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)-(2) [Unchanged.]

(3) Proof that the complaint and brief were served on the defendant, and

(a)-(b) [Unchanged.]

(c) for purposes of a complaint filed under MCL 168.46, it must also include a date and time stamped copy of the board of state canvasser’s certification of the completed recount, and service of a copy of the complaint and brief shall be made on the defendant(s) and all of the following persons if not named as a defendant:

(i)–(iv) [Unchanged.]

A complaint filed under MCL 168.46 must be filed with the Court within 24 hours after the board of state canvassers’sgovernor’s certification of the completed recount or bybut no later than 8:00 a.m. on the day before the electors of President and Vice President are required to convene pursuant to MCL 168.47, whichever is earlier.

(d) for purposes of a complaint filed under MCL 168.845a, it must also include a date and time stamped copy of the certification or determination of the presidential election results, and service of a copy of the complaint and brief shall be made on the defendant(s) and all of the following persons if not named as a defendant:

(i)-(iv) [Unchanged.]

A complaint filed under MCL 168.845a must be filed with the Court within 48 hours after the certification or determination of the results of a presidential election and must name the board of state canvassers as a defendant.

(e) for purposes of a complaint filed under MCL 168.479 to challenge a determination under MCL 168.882 or MCL 168.883a, service of a copy of the complaint and brief shall be made on any of the following persons if not named as a defendant:

(i) all presidential and vice presidential candidates who appeared on the ballot,

(ii) the governor,

(iii) the attorney general,

(iv) the secretary of state, and

(v) any chairperson of a board of county canvassers that may be subject to or participated in the recount.

A complaint filed under MCL 168.479 to challenge a determination under MCL 168.882 or MCL 168.883a must be filed within 24 hours after the Board of State Canvassers issues its determination.

(4) [Unchanged.]

Copies of relevant documents, record evidence, or supporting affidavits may be attached as exhibits to the complaint.

(E) Answer.

(1)-(3) [Unchanged.]

(4) A defendant in an action filed under MCL 168.479 to challenge a determination under MCL 168.882 or MCL 168.883a must file the following with the clerk within 24 hours of the complaint being filed, unless the Court directs otherwise:

(a) 1 signed copy of an answer in conformity with MCR 2.111(C);

(b) 1 signed copy of a supporting brief in conformity with MCR 7.212(B) and (D); and

(c) Proof that a copy of the answer and supporting brief was served on the plaintiff

(4) Renumbered (5) but otherwise unchanged.]

(F) [Unchanged.]

(G) Reply Brief. 1 signed copy of a reply brief may be filed as provided in MCR 7.305(E). In an action filed under Const 1963, art 4, § 6(19), a reply brief may be filed within 3 days after service of the answer and supporting brief, unless the Court directs otherwise. In an action filed under MCL 168.845a, a reply brief may be filed within 24 hours1 day after service of the answer and supporting brief, unless the Court directs otherwise. A plaintiff may not file a reply brief in an action for judicial review under MCL 168.46 or in an action under MCL 168.479 that challenges the Board of State Canvassers’ determination(s) under MCL 168.882 or MCL 168.883a.

(H)-(L) [Unchanged.]

Staff Comment (ADM File Nos. 2024-30 and 2024-39): The proposed amendment of MCR 7.306 would clarify some previously-adopted amendments and would allow new original actions relating to recounts or proposed recounts of the ballots cast in a presidential election to be filed in this Court as a means of reducing any judicial-related barriers that may interfere with the outcome of such a recount or proposed recount.

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. 2024- 30/2024-39. Your comments and the comments of others will be posted under the chapter affected by this proposal.

ADM File No. 2025-01

Appointments to the Michigan Judicial Council

On order of the Court, pursuant to MCR 8.128, Monica McMichael is appointed to the Michigan Judicial Council for a partial term effective immediately and ending on December 31, 2026.

In addition, Chief Justice Megan K. Cavanagh will serve as Chairperson of the Council by virtue of her role within the Supreme Court, and it is further ordered that, effective immediately, Justice Elizabeth M. Welch will serve as nominee of Chief Justice Cavanagh in accordance with MCR 8.128(C)(1)(b) for a partial term ending on December 31, 2025.

ADM File No. 2025-29

Rescission of Administrative Order No. 2025-2 (Appellate Courts and Court of Claims Operations During Government Shutdown)

On order of the Court, effective immediately, Administrative Order No. 2025-2 – Appellate Courts and Court of Claims Operations During Government Shutdown is rescinded.