January 30, 2017
Volume 15, Issue 5
In the Capitol
1/31 Senate Judiciary, 3:00 p.m. More
SB 33 Expand crime of assaulting a person performing certain job-related duties to include emergency room personnel;
SB 44 Provide for recovery of certain costs for criminal contempt prosecution or retail fraud.
Complete Committee Meeting List
Legislation Introduced 1/24–1/26
Last week bills were introduced in the following areas of law:
In the Hall of Justice
2015-02 – Retention and Additional Revision of Amendment of MCR 7.213
The Court retained the amendments previously adopted in this file, and included a new clarifying provision at the suggestion of several commenters that domestic relations actions and protection matters are excluded from the mediation program.
2016-24 – Amendment of MCR 9.115
The amendment of MCR 9.115(F)(5) clarifies that a hearing panel may allow parties to submit an amended stipulation. If a hearing panel rejects an amended stipulation, the matter would be referred to a different hearing panel to conduct a hearing. This language was submitted jointly by the Attorney Grievance Commission and Attorney Discipline Board.
2015-24 – Proposed Amendment of MCR 2.116 and 2.119
The proposed amendments would amend the rules regarding motions for summary disposition to allow for the filing of reply briefs only in summary disposition proceedings. The State Bar of Michigan Representative Assembly had submitted a proposal that would have extended the summary disposition time frame an additional 7 days to accommodate filing of a reply brief and make the practice uniform in trial courts. Under current local practices, some judges allow reply briefs and others do not. Although the Court was not persuaded at this time that the overall time period for setting a hearing for motions for summary disposition should be extended, it did agree to publish for comment proposed amendments that would explicitly allow the moving party to file a reply brief at least 3 days before the scheduled hearing, and limit the reply brief to no more than 5 pages in length.
Comment Period Expiration: 5/1/17
2016-35 – Proposed Addition of Rule 6.007
The proposed addition of Rule 6.008 would establish procedures for a circuit court to follow if a defendant bound over to circuit court on a felony either pleads guilty to, or is convicted of, a misdemeanor in circuit court, and would eliminate the practice of circuit courts remanding cases to district court except where otherwise provided by law. Remand to district court would remain a possibility in certain limited circumstances, including where the evidence is insufficient to support the bindover, People v Miklovich, 375 Mich 536, 539; 134 NW2d 720 (1965); People v Salazar, 124 Mich App 249, 251-252; 333 NW2d 567 (1983), or where there was a defect in the waiver of the right to a preliminary examination, People v Reedy, 151 Mich App 143, 147; 390 NW2d 215 (1986); People v Skowronek, 57 Mich App 110, 113; 226 NW2d 74 (1975), or where the prosecutor adds a new charge on which the defendant did not have a preliminary examination, People v Bercheny, 387 Mich 431, 434; 196 NW2d 767 (1972), adopting the opinion in People v Davis, 29 Mich App 443, 463; 185 NW2d 609 (1971), aff'd People v Bercheny, 387 Mich 431 (1972). See also MCR 6.110(H). The proposal is intended to promote greater uniformity and address a practice that varies among courts.
Comment Period Expiration: 5/1/17
2017-01 – Appointment to the Attorney Grievance Commission
At the Bar
Your Law Firm's Brand in 2017
E-mail Marketing in 2017
Links of Interest
SBM Public Policy Resource Center
Michigan Supreme Court
MCL Search Engines