Public Administrative Hearings
Pursuant to Administrative Order No. 1997-11, the Michigan Supreme Court will hold a public administrative hearing on Wednesday, May 21, 2008, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. and adjourn no later than 11:30 a.m. Persons who wish to address the Court regarding the matters on the agenda will be allotted three minutes each to present their views and may be questioned by the Justices. To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, May 19, 2008.
The administrative matters on the agenda for this hearing are:
| 1. |
2004-08 |
Proposed Adoption of New Rule 8.126 of the Michigan Court
Rules and Proposed Amendments of Rule 9.108 of the Michigan Court Rules and Rule 15 of the Rules Concerning
the State Bar of Michigan.
Published at 480 Mich 1217-1220 (Part 1, 2007).
Issue: Whether to adopt new MCR 8.126 and the proposed amendments of MCR 9.108 and SBR 15 to allow for the temporary admission of an out-of-state attorney to practice in Michigan. The rule changes would allow an out-of-state attorney to be authorized to appear temporarily in no more than three cases within a 365-day period. The rule would impose a fee equal to the discipline and client-protection fund portions of a bar member’s annual dues, which are currently $135, for each appearance, because misconduct will subject the out-of-state attorney to disciplinary action in Michigan. The AGC would keep a record of all such temporary appearances ordered by Michigan courts. |
| 2. |
2005-25 |
Proposed Adoption of the Amendment of Rule 2.203 of the Michigan Court Rules.
Published at 480 Mich 1215 (Part 1, 2007).
Issue: Whether the proposed changes of MCR 2.203 should be adopted to replace its permissive counterclaim provision, which allows parties to bring a counterclaim, with a required compulsory joinder of counterclaims, similar to the federal rules. |
| 3. |
2005-36 |
Proposed Adoption of the Amendments of Rules 2.119, 7.204, and 7.205 of the Michigan Court Rules.
Published at 480 Mich 1205-1207 (Part 1, 2007).
Issue: Whether to adopt the proposed amendments of MCR 7.204 and 7.205 that would clarify that a party who seeks to appeal to the Court of Appeals has 21 days after the entry of an order deciding a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed to file a claim of appeal or an application for leave to appeal, if the motion is filed within the initial 21-day appeal period. Also whether to adopt the proposed amendment of MCR 2.119 for purposes of consistency so that the time limit for filing a motion for rehearing or reconsideration under MCR 2.119(F)(1) would be increased from 14 to 21 days, and the phrase “or within further time the trial court may have allowed during that 21-day period” would be stricken from MCR 7.204(A)(1)(b) and 7.205(F)(3)(b). |
| 4. |
2006-04 |
Proposed Adoption of the Amendments of Rules 3.204 and 3.212 of the Michigan Court Rules.
Published at 480 Mich 1208-1211 (Part 1, 2007).
Issue: Whether to adopt the proposed amendment of MCR 3.204 and MCR 3.212 that would consolidate multiple actions involving more than one child of the same parents in a single action so that issues regarding support, custody, and parenting time would be determined in a single action. |
| 5. |
2006-10 |
Proposed Adoption of the Amendment of Rule 2.603 of the Michigan Court Rules.
Published at 480 Mich 1220-1221 (Part 2, 2008).
Issue: Whether to adopt the proposed amendment of MCR 2.603 that would require that only negotiable instruments be filed with the clerk for cancellation when applying for a default judgment |
| 6. |
2006-11 |
Proposed Adoption of the Amendments of Rules 2.614, 7.101, 7.209, and 7.302 of the Michigan Court Rules.
Published at 480 Mich 1221-1224 (Part 2, 2008).
Issue: Whether to adopt the proposed amendments of MCR 2.614, 7.101, 7.209, and 7.302 that would impose an automatic stay in a case in which a party files a claim of appeal of a denial by the trial court of the party’s claim of governmental immunity. Under this proposed amendment, no order would be necessary for the stay to operate. |
| 7. |
2006-32 |
Proposed Adoption of the Amendment of Rule 2.504 of the Michigan Court Rules.
Published at 480 Mich 1224-1225 (Part 2, 2008).
Issue: Whether to adopt the proposed amendment of MCR 2.504 that would allow a court, on motion of any party or sua sponte, to enter a default or dismiss a party’s action or claim for failure to comply with the rules or a court order. (The current rule allows such actions by the court only if the plaintiff makes such a motion.) The proposed amendment also would allow the court to dismiss on its own initiative an action in which the plaintiff, on the law and the facts presented, is not entitled to relief, and would make the rule applicable to claims and hearings in addition to actions. (The current rule allows only the defendant to make such a motion.) |
| 8. |
2007-09 |
Proposed Adoption of the Amendment of Rule 2.306 of the Michigan Court Rules.
Published at 480 Mich 1211-1212 (Part 1, 2007).
Issue: Whether to adopt the proposed amendment of MCR 2.306 that would require objections to be concise, nonargumentative, and nonsuggestive, and would allow a court to impose sanctions against an attorney who fails to comply with the requirement. The proposed changes would be similar to language contained in FR Civ P 30(d)(1). |
| 9. |
2007-21 |
Proposed Adoption of the Amendment of Rule 2.510 of the Michigan Court Rules.
Published at 480 Mich 1213 (Part 1, 2007).
Issue: Whether to adopt the proposed amendment of MCR 2.510 that would require that, in a district-court district comprised of a city located in two or more counties, jurors must be selected for district court attendance regardless of the county in which the juror resides or the county where the cause of action arose, pursuant to MCL 600.1324. |
| 10. |
2007-27 |
Retention of the Adoption of the Amendment of Rule 5.125 of the Michigan Court Rules.
Published at 480 Mich cvi (Part 1, 2007).
Order that extended the comment period to 4/1/08 is published at 480 Mich xc (Part 2, 2008).
Issue: Whether to retain the amendment of MCR 5.125 that conformed the rule to language in MCL 700.5311 by clarifying that parents are interested persons entitled to notice in a petition for the appointment of a guardian of an alleged incapacitated individual, regardless of whether the alleged incapacitated individual has living adult children. |
| 11. |
2007-36 |
Proposed Adoption of the Amendment of Rule 9.208 of the Michigan Court Rules.
Published at 480 Mich 1216-1217 (Part 1, 2007).
Issue: Whether to adopt the proposed amendment of MCR 9.208 that would require all parties to a Judicial Tenure Commission proceeding that is scheduled for a public hearing to exchange material in their possession that they intend to introduce as evidence at the hearing. The current rule applies this requirement only to the Judicial Tenure Commission. Adoption of the proposal also would require the parties to give notice of any supplemental material at least 10 days before a scheduled hearing. |
| 12. |
2007-38 |
Proposed Adoption of the Amendment of Rule 6.201 of the Michigan Court Rules.
Published at 480 Mich 1225-1226 (Part 2, 2008).
Issue: Whether to adopt the proposed amendment of MCR 6.201 that would eliminate the requirement that the prosecuting attorney provide the defendant with any exculpatory information or evidence known to the prosecuting attorney only upon request. The amendment also would clarify that the prosecuting attorney is required to provide such information or evidence regardless of whether it is requested by the defendant. |
To view transcripts from previous public administrative hearings, click below:
January 17, 2007>>
May 16, 2007>>
September 26, 2007>>
January 23, 2008 (not available yet)
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