Local Administrative Orders, Local Court Rules, and Plans

Authority, Scope, and Procedure

A trial court may issue a local administrative order governing only internal court management. Administrative orders must be sequentially numbered during the calendar year of their issuance. Before its effective date an administrative order must be sent to the State Court Administrator. If the State Court Administrator directs, a trial court shall stay the effective date of an administrative order or shall revoke it. A trial court may submit such an order to the Supreme Court as a local court rule. [MCR 8.112(B)]

A trial court may adopt local court rules regulating practice in that court. These rules are not to be in conflict with the Michigan Court Rules and are to regulate matters not covered by the court rules. [MCR 8.112(A)] If a practice of a trial court is not specifically authorized by the Michigan Court Rules and 1) reasonably depends on attorneys or litigants being informed of the practice for its effectiveness or 2) requires an attorney litigant to do some act in relation to practice before that court, the practice, before enforcement, must be adopted by the court as a local court rule and approved by the Supreme Court.

Model local administrative orders are available for some areas of court management; they can be downloaded from this site as PDF files and are listed below by an LAO number. To assist trial courts with preparation, these models are also available from regional offices in the following formats: WordPerfect, Microsoft Word, and Rich Text.

• Access to Juror Personal History Questionnaire LAO 2a, LAO 2b, LAO 2c, LAO 2d (6/00)
• Appointment of Counsel for Indigent Defendants (these are guidelines for preparing the LAO - a model is not provided)
• Caseflow Management Plan LAO 22 (rev. 2/06)
• Court Closure Due to Weather Emergency LAO 17 (1/02)
• Court Hours (these are guidelines for preparing the LAO - a model is not provided) (2/99)
• Plan for Family Court
• Plan for Remote Hearings on Support and Parenting Time Enforcement Act Bench Warrants LAO 20 (3/04)
• Plan Involving Children Who are Absent Without Legal Permission (AWOLP)
• Inspection, Reproduction, and Creation of New Records LAO 8 (rev. 3/06)
• Security Policies for Court Facilities LAO 15 (rev. 12/06)
• Selecting Case Evaluators and Case Evaluation Plans (these are guidelines for preparing the LAO - a model is not provided) (8/00)

• Plan for Appointment of Counsel for Indigent Defendants*
  Required by MCR 8.123
• Plan for Judicial Availability
  Required by MCR 6.104(G)
• Plan for Caseflow Management*
  Required by Supreme Court Administrative Order 2003-7
• Plan for Family Court*
  Required by Supreme Court Administrative Order 2003-2
• Plan for Remote Hearings on Support and Parenting Time Enforcement Act Bench Warrants*
  Required by MCR 3.221(K)
• Plan Involving Children Who are Absent Without Legal Permission (AWOLP)*
  Required by Supreme Court Administrative Order 2002-4
  
  Plans that are to be implemented through a local administrative order are designated by an asterisk ( * ).

• Access to Friend of the Court Records LAO 1 (rev. 8/03)
• Authority for Probate Register to Perform Judicial Acts LAO 18 (rev. 8/04)
• Assignment of Cases
• Circuit Court Arraignment in District Court (formerly Guilty Pleas; District Judges Accepting in Felony Cases) LAO 6 (rev. 11/05)
• Court Closure-Generally LAO 16 (1/02)
• Court Holidays
• Elimination of Circuit Court Arraignments LAO 26 (1/06)
• Emergency Services Plan
• Facsimile Equipment in Mental Health Proceedings
• Local Alternative Dispute Resolution Plans LAO 14 (8/00)
• Multiple District Plan for Magistrates LAO 7 (rev. 6/00)
• Order Amending Support Orders to Establish New Surcharge Rate LAO 23 (7.04)
• Orders for Installment Payment of Lump Sum Support Obligations LAO 21 (6/04)
• Payment by Electronic Funds Transfer (EFT) LAO 11 DISCONTINUED
• Pilot for Referring Selected Parenting Time Disputes to the Community Dispute Resolution Center for Mediation LAO 24 (rev. 12/07)
• Places of Holding Court (District) LAO 10a (9/07)
• Places of Holding Court (Probate) LAO 10 (6/00)
• Providing Forms to Litigants and Lawyers
• Referrals to Domestic Relations Referee
• Scheduling Arraignments
• Use of Interactive Video Technology LAO 28 (2/08)
  (in Enumerated Delinquency Proceedings, Child Protective Proceedings,
  and Probate Matters
• Video Proceedings LAO 13b - Probate/Family Division DISCONTINUED
• Waiver of Jurisdiction over Civil Infractions Committed by Juveniles LAO 12 (6/00)

• Administrative Closure of Friend of the Court Cases Subject to the Michigan Arrears Collection Special Project - LAO 27 (1/06)
• County Agent
• Juvenile Register
• Magistrate - District Court LAO 3a - Non-Attorney (rev. 4/08), LAO 3b - Attorney (rev. 4/08)
• Order Directing Friend of the Court to Transfer Bank Account Funds to MiSDU LAO 19 DISCONTINUED
• Probation Officer - Family Division of Circuit Court
• Referee - Family Division of Circuit Court

Required Local Administrative Orders

All trial courts are mandated to issue local administrative orders to establish court policies for regulating access to juror questionnaires, court hours, and mediation procedures.

Access to Juror Personal History Questionnaire

The State Court Administrator has adopted a juror personal history questionnaire. Upon completion by a prospective juror, the questionnaire is filed with the court clerk or the jury board. The only persons allowed to examine the questionnaire are the judges of the court, the court clerk and deputy clerks, parties to the actions in which the juror is called to serve and their attorneys, and persons authorized access by court rule or by court order. [MCR 2.510(A), (C)]

The State Court Administrator has developed model procedures for providing attorneys and parties reasonable access to juror questionnaires. Each court has selected and implemented one of these procedures by local administrative order adopted pursuant to MCR 8.112(B). If the State Court Administrator determined that, given the circumstances existing in an individual court, the procedure selected did not provide reasonable access, the State Court Administrator may have directed the court to implement one of the other model procedures. [MCR 2.510(C)(2)]

2a. Model that allows for examination only:
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2b. Model that allows for examination and copies for attorneys or parties in pro per upon ex parte order:
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2c. Model that allows for examination and copies for attorneys upon request:
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2d. Model that allows for examination and copies for attorneys in pro per on request:
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Caseflow Management Plan

All trial courts are required to develop and implement caseflow management plans, which include case processing goals as established under Mich Sup Ct AO 2003-7. See also Court Improvement Project Recommendations.

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>>See Caseflow Management Guidelines

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Court Closure Due to Weather Emergency

All courts must submit a local administrative order governing closure due to emergency weather conditions. In facilities containing multiple courts, the courts must adopt and submit a joint LAO. Courts with the same funding unit should also submit a joint LAO, if possible. The policy must provide that certain procedures will apply in the event of a weather emergency as outlined in the Guideline for Unscheduled Court Closing Due to Weather Emergency.

>>See Guideline for Unscheduled Court Closing due to Weather Emergency.

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Court Hours

The chief judge shall enter an administrative order establishing the court's hours. [MCR 8.110(D)(1)]

Inspection, Reproduction, and Creation of New Records

Unless access to a file, a document, or information contained in a file or document is restricted by statute, court rule, or an order entered according to MCR 8.119(F), any person may inspect pleadings and other papers in the clerk's office and may obtain copies as provided in MCR 8.119(E)(2) and (E)(3). A court, by administrative order, may make reasonable regulations necessary to protect its public records and prevent excessive and unreasonable interference with the discharge of its functions. >>See Administrative Memo 2006-04. >>See also Access to Friend of the Court Records. [MCR 8.119(E)]

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Security Policies for Court Facilities

Supreme Court Administrative Order 2001-1 states that weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy. Each court is required to submit a written policy conforming with this order to the State Court Administrator for approval. Courts are encouraged to collaborate with other entities in shared facilities and, where appropriate, to work with local funding units in developing the policy, which may be a separate plan or part of a general security program.

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Selecting Case Evaluator and Case Evaluation Plans

Each trial court that submits cases to case evaluation under MCR 2.403 shall adopt by local administrative order a plan to maintain a list of persons available to serve as case evaluators and to assign case evaluators from the list of panels. The plan must be in writing and available to the public in the case evaluation clerk's office. Other alternative plans must be submitted as local court rules under MCR 8.112(A). [MCR 2.403(A)]

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Local Administrative Orders Required Under Certain Circumstances

In addition to the mandated local administrative orders, there are a number of local administrative orders that are required under certain circumstances. Also, a court may, but is not "required" to, delegate authority and make directions to court staff for certain functions. These functions are 1) arraignment on information in criminal cases, 2) public access to court records, 3) providing forms to litigants and lawyers, and 4) authorizing probate registers to sign for the judge. If a court opts to delegate authority or make directions regarding any of the above, a local administrative order is then required.

Access to Friend of the Court Records

Access to friend of the court records is governed by MCR 3.218. A court, by administrative order pursuant to MCR 8.112(B), may make reasonable regulations necessary to protect friend of the court records and to prevent excessive and unreasonable interference with the discharge of friend of the court functions. For information about access to court records generally, see Public Access to Court Records. [MCR 3.218]

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Assignment of Cases

All cases must be assigned by lot unless a different system has been adopted by local court administrative order under the provisions of subrule MCR 8.112. Assignment will occur at the time the case is filed or before a contested hearing or uncontested dispositional hearing on the case, as the chief judge directs. Civil actions must be assigned within appropriate categories determined by the chief judge. The chief judge may receive fewer assignments in order to perform the duties of chief judge. It is required by court rule that a local administrative order be issued defining and explaining the procedure of assigning cases "by lot" utilized by the particular court. [MCR 8.111(B)]

Authority for Probate Register to Perform Judicial Acts

Under Michigan statute (MCL 600.834) and court rule (MCR 8.301), a chief probate judge may, through issuance of an order, grant to a probate register the authority to perform certain judicial acts.

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Court Closure - General

Courts periodically find it necessary to close for brief periods of time for such matters as staff training, conducting pending inventory, and doing records destruction. This model local administrative order can be customized to meet the needs of the court.

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Court Holidays

The court is directed to observe a specific list of holidays, except those courts which have adopted modifying local administrative orders. Furthermore, courts are required to promulgate a modifying administrative order, if appropriate, to accommodate or achieve uniformity with the holiday practices of local governmental units regarding local public employees. A judge may continue a trial in progress, however, or dispose of judicial matters on any of these specifically listed holidays if he or she finds it to be necessary. [MCR 8.110(D)(2)]

Elimination of Circuit Court Arraignments

Under MCR 6.113, a circuit court may, through issuance of a local administrative order, eliminate the circuit court arraignment of criminal cases cognizable in the circuit court.

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If a court is notified by its funding unit of a reduction of the original appropriation for the court for the current fiscal year, the court shall immediately file a copy of that notice with the State Court Administrative Office in accordance with Mich Sup Ct AO 1994-6. The court, among other things, must provide an emergency services plan which outlines what services are essential. [Mich Sup Ct AO 1994-6]

Facsimile Equipment in Mental Health Proceedings

Probate courts can be authorized to use facsimile communication equipment to transmit petitions, physician's certificates and other supporting documents from state regional psychiatric hospitals or private hospitals for filing in the courts under Michigan Supreme Court Administrative Order. Participation is subject to the discretion of the chief judge of the probate court and with approval of the State Court Administrator. The State Court Administrative Office assists in implementing use of facsimile equipment in mental health proceedings for courts electing to participate.

An administrative order submitted for authorization to use facsimile communication equipment must comply with Mich Sup Ct AO 1992-3.

Providing Forms to Litigants and Lawyers

The chief judge may, by administrative order, direct the clerk of the court to provide litigants and attorneys with copies of forms approved by the State Court Administrator. The administrative order may allow the clerk to provide the forms at the cost of reproduction to the clerk. [MCR 8.110(C)(7)]

The SCAO model local administrative order regarding public access to court records includes language about providing forms to litigants and lawyers.

Circuit Court Arraignment in District Court

District court judges may be assigned as judges in the circuit court for the purpose of taking not guilty and guilty pleas in felony criminal cases. If a court desires approval to accept felony pleas, it must submit a local administrative order to the State Court Administrator signed by the chief judges of both the circuit and district courts. [Mich Sup Ct AO 1992-5]

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Local Alternative Dispute Resolution Plans

Each trial court that submits matters to alternative dispute resolution processes under MCR 2.410 and MCR 3.216 shall adopt an ADR plan by local administrative order. The plan must be in writing and available to the public in the ADR clerk's office. [MCR 2.410(B)(1), MCR 3.216(B)(1)]

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Multiple District Plan for Magistrates

MCL 600.8320 allows two or more district courts within a county or two adjoining districts of the first class to establish a multiple district plan in which a district court magistrate is authorized to conduct arraignments, set bail or recognizance, provide for the appointment of counsel, or make determinations of probable cause and issue warrants for all of the participating districts within the multiple district area. For districts consisting of more than one county, the chief or only judge may authorize a magistrate appointed in one county to serve in another county within the district. Courts choosing to establish a multiple district plan must submit to the State Court Administrator a local administrative order signed by the chief or only judges of all participating districts. [MCL 600.8320]

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Order Amending Support Orders to Establish New Surcharge Rate

The purpose of this order is to implement 2003 PA 276 which changed the way surcharges are imposed on past due child support.

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Orders for the Installment Payment of Lump Sum Support Obligations

The purpose of this order is to clarify circuit court orders for the installment payment of lump sum support obligations. This administrative order shall not prohibit a party or the friend of the court from seeking modification of the payment arrangements in an order.

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Pilot for Referring Selected Parenting Time Disputes to the Community Dispute Resolution Center for Mediation

Courts may refer certain domestic relations disputes to local Community Dispute Resolution Program (CDRP) centers for mediation. CDRP center mediators have completed a 40-hour general civil mediation training and a three-day State Court Administrative Office domestic relations mediation training. Courts may refer custody, parenting time, grandparenting time motions, parenting time complaints, and other contested custody and parenting time issues identified by the court to the CDRP center for mediation.

Courts interested in establishing a referral process for these domestic relations issues must submit a local administrative order (LAO). A model LAO includes referral and mediation procedures.

Courts should contact the local CDRP center before implementing a local administrative order for this program. >>See contact information for local centers.

Please direct questions about this program to Doug Van Epps at 517-373-4839 or vaneppsd@courts.mi.gov, or Timothy Cole at 517-373-5975 or colet@courts.mi.gov.

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Places of Holding Court (District)

The court shall sit in such places as required by MCL 600.8251, and may sit at other locations within the district as the judges of the district determine.

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Places of Holding Court (Probate)

Subject to the approval of the county board of commissioners and the State Court Administrator, the chief probate judge of a county may designate one or more places in the county where sessions of probate court may be held. A designation made under MCL 600.816(3) shall be delivered to the county clerk. [MCL 600.816(3)]

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Referrals to Domestic Relations Referee

Under MCR 3.215(B), the chief judge may issue an administrative order to refer all motions of a particular kind to a referee. Judges are free to assign other motions to a referee to the extent allowed by law. [MCR 3.215(B)]

Scheduling Arraignments

Unless the circuit court does the scheduling of the arraignment on the information, the district court must do so in accordance with the administrative orders of the trial court. [MCR 6.110(I)]

Use of Interactive Video Technology
(in Enumerated Delinquency Proceedings, Child Protective Proceedings, and Probate Matters)

Effective May 1, 2007, MCR 3.904 and MCR 5.738a allow courts to use interactive video technology (IVT) in enumerated delinquency proceedings, child protective proceedings, and probate matters. In addition, Administrative Order 2007-1 encourages courts in appropriate circumstances to expand the use of IVT to delinquency proceedings, child protective proceedings, and probate matters that are not enumerated in MCR 3.904 or MCR 5.738a by seeking a local administrative order (LAO).

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Waiver of Jurisdiction Over Civil Infractions Committed by Juveniles

Under MCL 712A.2e and MCL 600.8379(1), the circuit court may enter into an agreement with the district court to waive jurisdiction over all or specifically named civil infractions alleged to have been committed by juveniles within the geographic jurisdiction of the district court. Courts making such an agreement must submit a joint local administrative order to the State Court Administrator. [MCL 712A.2e, MCL 600.8379(1)]

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Recommended Local Administrative Orders

Although not required by court rule, it is strongly recommended that delegation of authority for the following court staff be documented through local administrative order.

Administrative Closure of Friend of the Court Cases Subject to the Michigan Arrears Collection Special Project

The Michigan Arrears Collection Special Project (MACS Project), will run from February 1, 2006, to April 30, 2006, and will offer certain child support payers with arrears only (no child support obligation) an opportunity to satisfy their obligation to the State of Michigan by paying a portion of their state-owed arrearage. The friend of the court must be authorized to close cases administratively when an agreement is reached between the state and the payer pursuant to this project.

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Juvenile Register (Family Division of Circuit Court)

The probate judge may appoint the register of probate, a deputy probate register, or clerk of the court as register of the juvenile division of probate court. [MCL 712A.7]

County Agent (Family Division of Circuit Court)

The county agent is an officer of the court under the general supervision of the judges of the court and shall serve at their pleasure. The county agent shall organize, direct, and develop the juvenile welfare work of the court as authorized by the judge. With the judge's approval, the county agent or his or her assistants shall investigate and report on juveniles or families within the county as requested by the Family Independence Agency, the county juvenile agency, or the superintendent of any state institution regarding the welfare of any juvenile. [MCL 712A.8]

Probation Officer - Probate Court (Family Division of Circuit Court)

The probate judge in each county may appoint one or more suitable persons of good character and qualified training or experience other than the county agent or assistants to act as probation officer, who shall receive such compensation as the board of supervisors may appropriate for the purpose and who, at the discretion of the judge, may be authorized and empowered to perform county agent duties. The probate judge may also appoint other probation officers who shall receive no compensation from the county treasury for the duties performed under such appointment. [MCL 712A.9]

Referee - Probate Court (Family Division of Circuit Court)

The probate judge may designate a probation officer or county agent to act as referee in taking the testimony of witnesses and hearing the statements of parties upon the hearing of petitions alleging that a child is within the provisions of the juvenile code if there is no objection by parties in interest. If a child is before the court under MCL 712A.2(a)(1), a probation officer or county agent who is not licensed to practice law in Michigan shall not be designated to act as a referee in any hearing for the child, except the preliminary inquiry or preliminary hearing, unless the probation officer or county agent was designated to act as referee by the probate judge prior to January 1, 1988, and was acting as referee as of January 1, 1988. [MCL 712A.10]

Magistrate - District Court

The district judge may appoint a magistrate to serve at the pleasure of the judge(s) to exercise the jurisdiction and duties only as authorized by the chief judge, presiding judge, or only judge of the district court. [MCL 600.8501, MCL 600.8503]

Attorney:
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Required Plans

All trial courts must adopt and publish a plan to govern the process of selecting and appointing lawyers to represent indigent defendants and file it with the supreme court clerk and the state court administrator under MCR 8.123.

If a defendant is able to pay part of the cost of a lawyer, the court may require contribution to the cost of providing a lawyer and may establish a plan for collecting the contribution. [MCR 6.005(C)]

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In each county, the court with trial jurisdiction over felony cases must adopt and file with the state court administrator a plan for judicial availability. The plan shall: make a judicial officer available for arraignments each day of the year, or

make a judicial officer available for setting bail for every person arrested for commission of a felony each day of the year conditioned upon: (1) the judicial officer being presented a proper complaint and finding probable cause pursuant to MCR 6.102(A), and (2) the judicial officer having available information to set bail.

This portion of the plan must provide that the judicial officer shall order the arresting officials to arrange prompt transportation of any accused unable to post bond to the judicial district of the offense for arraignment not later than the next regular business day. [MCR 6.104(G)]

All trial courts are required to develop and implement caseflow management plans, which include case processing goals as established under Mich Sup Ct AO 2003-7. See also Court Improvement Project Recommendations.

>>See Caseflow Management Guidelines
>>See Model LAOs

Each judicial circuit is required to establish a family court plan pursuant to MCL 600.1011, as amended by 2002 PA 682. Supreme Court Administrative Order 2003-2 further requires that the family court plan be submitted in accordance with the statute and guidelines provided by the State Court Administrative Office. Family court plans, replacing previous family division operation plans, were filed with the State Court Administrative Office by July 1, 2003. Any amendment to a family court plan must be filed with the State Court Administrative Office and accepted for filing before implementation of the amended provisions.

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Each friend of the court must adopt a plan for the purpose of coordinating communication between circuits to facilitate the presentation of evidence by the friend of the court in a circuit that issued a bench warrant to a court in the circuit in which the arrested party is being held. Plans are to be submitted as a local administrative order. [MCR 3.221(K)]

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Circuit courts were required to develop a plan for reviewing the cases of children who are AWOLP. Supreme Court Administrative Order 2002-4 specifies the elements that are to be addressed in the plan. Guidelines for Development of Plans Involving Children who are Absent Without Legal Permission provides additional information for each required element that circuit courts are required to consider in developing plans. Plans are to be submitted as a local administrative order.

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