ADM File No. 2022-10
Amendment of Rule 8.126 of the Michigan Court Rules
To read this file, visit perma.cc/8VB6-GQML
ADM File No. 2022-24
Proposed Amendments of Rules 6.907,6.909, and 6.933 of the Michigan Court Rules
To read this file, visit perma.cc/48HS-56CB
ADM File No. 2023-26
Extension of the Comment Periodfor the Proposed Amendments of Canons 4 and 6 of the Michigan Code of Judicial Conduct
On order of the Court, this is to advise that the Court is extending the comment period for the proposed amendments of Canons 4 and 6 of the Michigan Code of Judicial Conduct published for comment on July 10, 2024. The comment period was set to expire on Nov. 1, 2024, and that date is now extended to Feb. 1, 2025.
ADM File No. 2024-01
Appointment of Chief Judge of the 48th Circuit Court (Allegan County)
On order of the Court, Hon. Matthew Antkoviak is appointed as chief judge of the 48th Circuit Court for a term beginning on Nov. 1, 2024, and ending on Dec. 31, 2025.
ADM File No. 2024-05
Amendment of Rule 7.306 of 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 7.306 of the Michigan Court Rules is adopted, effective immediately.
[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) An action for judicial review under MCL 168.46.
(2) An action for judicial review under MCL 168.845a.
(DC) 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) 1 signed copy of a complaint prepared in conformity with MCR 2.111(A) and (B). and entitled, for eExample, titles include:
“[Plaintiff] v [Court of Appeals, Governor [NAME], Board of State Canvassers, Board of Law Examiners, Attorney Discipline Board, Attorney Grievance Commission, or Independent Citizens Redistricting Commission].”
The clerk shall retitle a complaint that is named differently.
(2) 1 signed copy of a brief conforming as nearly as possible to MCR 7.212(B) and (C).;
(3) Pproof that the complaint and brief were served on the defendant, and,
(a) for a complaint filed against the Attorney Discipline Board or Attorney Grievance Commission, on the respondent in the underlying discipline matter;
(b) for purposes of a complaint filed under Const 1963, art 4, § 6(19), service of a copy of the complaint and brief shall be made on any of the following persons:
(i1) the chairperson of the Independent Citizens Redistricting Commission,;
(ii2) the secretary of the Independent Citizens Redistricting Commission, or
(iii3) upon an individual designated by the Independent Citizens Redistricting Commission or Secretary of State as a person to receive service. Service shall be verified by the Clerk of the Court; and
(c) for purposes of a complaint filed under MCL 168.46, 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) the presidential and vice presidential candidates who were certified or determined by the board of state canvassers to be the winners of the presidential election,
(ii) the chairperson of the board of state canvassers,
(iii) the attorney general, and
(iv) the secretary of state.
A complaint filed under MCL 168.46 must be filed with the Court within 24 hours after the governor’s certification of the completed recount but 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.
(d) for purposes of a complaint filed under MCL 168.845a, 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) the presidential and vice presidential candidates who were certified or determined by the board of state canvassers to be the winners of the presidential election,
(ii) the governor,
(iii) the attorney general, and
(iv) the secretary of state.
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.
(4) Tthe fees provided by MCR 7.319(C)(1) and MCL 600.1986(1)(a).
Copies of relevant documents, record evidence, or supporting affidavits may be attached as exhibits to the complaint.
(ED) Answer.
(1) [Unchanged.]
(2) A defendant in an action challenging a certification or ascertainment after recount under MCL 168.46 must file the following with the clerk within 24 hours of the complaint being filed or by 12 p.m. on the day before the electors of President and Vice President are required to convene pursuant to MCL 168.47, whichever is earlier, 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.
(3) A defendant in an action filed under MCL 168.845a must file the following with the clerk within 48 hours after service of the complaint and supporting brief, 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 and any intervenors.
(2) [Renumbered as (4) but otherwise unchanged.]
(E) [Relettered as (F) but otherwise unchanged.]
(GF) 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 1 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.
(H) Notice of Intervention and Brief. In an action filed under MCL 168.845a(1), the governor, attorney general, secretary of state, and the winner of the presidential election may intervene by filing a notice of intervention and brief in support of or opposition to the complaint within 48 hours after service of the complaint and supporting brief.
(G)-(I) [Relettered as (I)-(K) but otherwise unchanged.]
(LJ) Decision. The Court may set the case for argument as a calendar case, grant or deny the relief requested, or provide other relief that it deems appropriate, including an order to show cause why the relief sought in the complaint should not be granted. To have conclusive effect in an action for judicial review under MCL 168.46, the Court’s final order must be issued no later than 4 p.m. the day before the electors for President and Vice President of the United States convene under MCL 168.47. To have conclusive effect in an action for judicial review under MCL 168.845a, the Court’s final order must be issued no later than the day before the electors for President and Vice President of the United States convene under MCL 168.47.
Staff Comment (ADM File No. 2024-05): The amendment of MCR 7.306 establishes a procedure for two new original actions in the Supreme Court related to presidential elections in conformity with MCL 168.46 (as amended by 2023 PA 269) and MCL 168.845a (as adopted by 2023 PA 255).
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. 2024-25
Amendment of Administrative Order No. 2016-3
On order of the Court, the following amendment of Administrative Order No. 2016- 3 is adopted, effective immediately. Concurrently, individuals are invited to comment on the form or the merits of the amendment during the usual comment period. The Court welcomes the views of all. This matter also will 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.]
AO 2016-3 Prisoner Electronic Filing Program with the Michigan Supreme Court and the Michigan Department of Corrections
On order of the Court, effective immediately, the Michigan Supreme Court (“Court”) and Court of Appeals areis authorized to implement a Prisoner Electronic Filing Program with the Michigan Department of Corrections.
Participants in the Prisoner Electronic Filing Program consist of the Clerk’s’ Offices of the Michigan Supreme Court and Court of Appeals, the correctional facilities operated by the Michigan Department of Corrections (“MDOC”) identified in Exhibit A to this order, and the prisoner litigants housed in the identified correctional facilities who are or who seek to be parties to litigation filed in the Michigan Supreme Court or Court of Appeals. Additional facilities may be made part of this program at the discretion of the Clerk’s Office and the MDOC.
For the initial phase of the Prisoner Electronic Filing Program, the Court will provide to the MDOC, and retain ownership of, digital equipment for use in the identified correctional facilities with the sole purpose of transmitting authorized documents between the Court and the identified correctional facilities. The digital equipment used to transmit the documents to the Courts are towill be programmed with thean email addresses ofused by the Clerk’s’ Offices for receiving electronic filings from the MDOC. The MDOC will provide the Clerk’s’ Offices with email addresses for receiving electronic notices from the Courts on behalf of the prisoner litigants at the identified correctional facilities.
Prisoner litigants may, but are not required to, utilize the forms created by the Clerks’ Offices of the Supreme Court and Court of Appeals for self-represented litigants and made available to the MDOC. The Courts will accept all case-related documents in criminal or civil matters.
Filings by prisoner litigants should be submitted electronically to the appropriate Clerk’s Office to avoid delayed or lost filings by the U.S. Postal Serviceduring the initial phase of the program will be limited to applications for leave to appeal and related documents in criminal cases. Prisoner litigants must utilize the form created by the Clerk’s Office for self-represented litigants and made available to the MDOC.
All filings by prisoner litigants must be submitted electronically to the Clerk’s Office unless the system is not operational when the documents are presented to the MDOC for e-filing. If the e-filing system is not operational at the time of the filing’s presentment to prison staff for transmission, the filing mustshall be submitted by mail, unless the system is expected to resume operation before the filing deadline. A prisoner litigant who is transferred from a correctional facility with e-filing capability to a correctional facility without e-filing capability must submit all future filings by mail via the pU.S. Postal sService. A prisoner litigant who is transferred into a correctional facility with e-filing capability shouldmust electronically transmit all subsequent filings to the appropriate Court. The prisoner litigant must immediately notify the appropriate Clerk’s Office immediately of any change of address.
MDOC staff will scan the prisoner litigant’s filings at the correctional facility and transmit them, with a time stamp applied by the digital equipment, to the appropriate Clerk’s Office email address. An automated email reply will be immediately sent to the MDOC email address acknowledging receipt of the filing. The original documents will be returned to the prisoner litigant, who must retain them in their original form and produce them at a later time if directedordered by eitherthe Court.
The Clerk’s’ Offices will review filings as soon as practicable (usually by 5:00 p.m. if received in the morning on a business day or by 12:00 p.m. the following business day if received in the afternoon) for jurisdiction and compliance with the court rules. If the Courts does not have jurisdiction or if the filing does not substantially comply with the court rules, the Clerk’s’ Offices will transmit a Notice of Rejection to the MDOC that specifies the reason(s) for the rejection.
If the filing is accepted, it will be docketed in the Court’s case management system and electronically served on those persons or entities that the prisoner litigant has identified as parties to the litigation if they are registered users of MiFILETrueFiling or have provided an official email address listed in the State Bar of Michigan attorney directoryto the Court. The Clerk’s’ Offices will mail copies of the prisoner litigant’s filing via the U.S. Postal Service to identified parties who cannot be e-served. For accepted filings, the Clerk’s’ Offices will transmit a Notice of AcceptanceElectronic Filing to the MDOC that identifies, among other things, the names and service information of parties who were served with the filing. The Notice of AcceptanceElectronic Filing also will be electronically transmitted or mailed to the lowerMichigan Court of Appeals and the trial courts/tribunals as notice of the appeal under MCR 7.204(E), MCR 7.205(B), or MCR 7.305(A)(3), as applicable. The MDOC will provide a copy of the Notice of Rejection or Notice of AcceptanceElectronic Filing to the prisoner litigant as soon as practicable.
Exhibit A
Correctional Facilities Participating in the Prisoner Electronic Filing Program:
Carson City Correctional Facility, 10274 Boyer Road, Carson City, MI 48811
St. Louis Correctional Facility, 8585 N. Croswell Road, St. Louis, MI 48880
Staff Comment (ADM File No. 2024-25): The amendment of AO 2016-3 expands the Prisoner Electronic Filing Program.
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, 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. 2024-25. Your comments and the comments of others will be posted under the chapter affected by this proposal.
ADM File No. 2023-36
Amendment of Rule 3.932 of the Michigan Court Rules
On order of the Court, the following amendment of Rule 3.932 of the Michigan Court Rules is adopted, effective immediately.
[Additions to the text are indicated in underliningand deleted text is shown by strikeover.]
Rule 3.932 Summary Initial Proceedings
(A)-(B) [Unchanged.]
(C) Consent Calendar.
(1)-(4) [Unchanged.]
(5) Conference. After placing a matter on the consent calendar, the court must conduct a consent calendar case conference with the juvenile, the juvenile’s attorney, if any, and the juvenile’s parent, guardian, or legal custodian. The prosecutor and victim may, but need not, be present. At the conference, the court must discuss the allegations with the juvenile and issue a written consent calendar case plan in accordance with MCL 712A.2f(9). The period for a juvenile to complete the terms of a consent calendar case plan must not exceed 63 months, unless the court determines that a longer period is needed for the juvenile to complete a specific treatment program and includes this determination as part of the consent calendar case record.
(6)-(11) [Unchanged.]
(D) [Unchanged.]
Staff Comment (ADM File No. 2023-36): As a housekeeping revision, the amendment of MCR 3.932 aligns the rule with MCL 712A.2f(9)(c) regarding the period of time for a juvenile to complete the terms of a consent calendar case plan.
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.