January 25, 2021
Volume 19, Issue 4
At the Court
ADM File No. 2020-11: Amendment of MCR 2.108
The amendment of MCR 2.108 provides a timeframe for a responsive pleading when a motion for more definite statement is denied.
ADM File No. 2002-37: Addition of MCR 2.226
The addition of MCR 2.226 would clarify the process for change of venue and transfer orders.
ADM File No. 2019-47: Amendments of MCR 3.804, 5.140, and 5.404 and Addition of MCR 3.811
The amendments of MCR 3.804, 5.140, and 5.404 and addition of MCR 3.811 allow greater use of videoconferencing equipment in cases involving Indian children.
ADM File No. 2019-41: Amendment of MCR 4.201
The amendment of MCR 4.201 requires disclosure of the right to object to venue in actions brought under the Summary Proceedings Act for landlord/tenant proceedings in district court, consistent with MCL 600.5706.
ADM File No. 2020-14: Retention of Amendment of MCR 4.202 adopted June 10, 2020
ADM File No. 2019-36: Amendment of Rule 16 and Addition of Rule 20 of the Rules Concerning the State Bar of Michigan
The amendment of Rule 16 and addition of Rule 20 of the Rules Concerning the State Bar of Michigan clarify the process of investigation of unauthorized practice of law claims, and codifies procedures for the Client Protection Fund. These amendments were requested by the State Bar of Michigan.
ADM File No. 2020-04: Amendment of Rule 4 of the Rules for the Board of Law Examiners
The amendment of BLE Rule 4 explicitly states that a passing bar exam score is valid for three years, which is consistent with the character and fitness clearance expiration and the BLE’s longstanding policy.
At the Bar
The Board of Commissioners met on January 22, 2021 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2020-26: Proposed Amendments of MCR 1.109 and 8.119
The proposed amendments of MCR 1.109 and 8.119 would allow SCAO flexibility in protecting an individual’s personal identifying information and clarify when a court is and is not required to redact protected personal identifying information.
POSITION: Support in Concept.
ADM File No. 2020-19: Proposed Amendment of MCR 2.302
The proposed amendment of MCR 2.302 would require transcripts of audio and video recordings intended to be introduced as an exhibit at trial to be transcribed.
ADM File No. 2020-07: Alternative Proposed Amendments of MCR 6.502
The proposed alternative amendments of MCR 6.502 would address the issue of a court’s recharacterization of a defendant’s motion for relief from judgment that is styled as something other than a motion for relief from judgment. Under Alternative A, the court would be required to notify the defendant of its intent to recharacterize the motion and allow the defendant an opportunity to withdraw or amend the motion. Under Alternative B, the court would be required to return the motion to the defendant with a statement of the reason for return.
POSITION: Support the Alternative A with the amendments below:
Return of Insufficient Motion. If a motion is not submitted on a form approved by the State Court Administrative Office, or does not substantially comply with the requirements of these rules, the court shall either direct that it be returned to the defendant with a statement of the reasons for its return, along with the appropriate form, or adjudicate the motion under the provisions of these rules. When a pro se defendant files his or her first motion effectively seeking to set aside or modify the judgment but styles the motion as something other than a motion for relief from judgment, the court shall promptly notify the defendant of its intention to recharacterize the pleading as a motion for relief from judgment; inform the defendant of any effects this might have on subsequent motions for relief, see MCR 6.502(B), (G); and provide the defendant 90 days to withdraw or amend his or her motion before the court recharacterizes the motion. If the court fails to provide this notice and opportunity for withdrawal or amendment or the defendant establishes that notice was not actually received, the defendant’s motion cannot be considered a motion for relief from judgment for purposes of MCR 6.502(B), (G). The clerk of the court shall retain a copy of the motion.
Judicial Vacancies—City of Detroit & Montmorency County
Judicial appointment questionnaire, supplemental documents, and letters of recommendation must be submitted electronically and received by 5:00 p.m. on Friday, February 12.
Kick Workplace Stress to the Curb in 2021 with This Tip from LJAP
Don’t let workplace stress get you down this year. SBM’s Lawyers and Judges Assistance Program (LJAP) encourages you to worry well, but only worry once.
Links of Interest
SBM Public Policy Resource Center
Michigan Supreme Court
MCL Search Engines