Chapter 3: Initiating Criminal Proceedings
Part B: Complaints, Arrests, and Summonses
3.1Electronic Filing1
“Electronic filing [(e-filing)] and electronic service of documents is governed by [MCR 1.109(G)] and the policies and standards of the State Court Administrative Office.” MCR 1.109(D)(7). Courts must implement e-filing and electronic service capabilities in accordance with MCR 1.109, and comply with standards established by the State Court Administrative Office. MCR 1.109(G)(2). “Confidential and nonpublic information or documents and sealed documents that are electronically filed or electronically served must be filed or served in compliance with these standards to ensure secure transmission or the information.” Id.
Courts must:
•accept e-filings and allow electronic service of documents;
•comply with the e-filing guidelines and plans approved by the State Court Administrative Office; and
•maintain electronic documents in accordance with the standards established by the State Court Administrative Office. MCR 1.109(G)(3)(a)(i)-(iii).
“[C]ourts that seek permission to mandate that all litigants e-File [must] first submit an e-Filing Access Plan for approval by the State Court Administrative Office.” Administrative Order No. 2019-2, 504 Mich lxxix (2019). “Each plan must conform to the model promulgated by the State Court Administrator and ensure access to at least one computer workstation per county.” Id. “The State Court Administrative Office may revoke approval of an e-Filing Access Plan due to litigant grievances.” Id.
Courts must accommodate the filing and serving of materials that cannot be done so electronically. MCR 1.109(G)(3)(c). “The clerk of the court shall convert to electronic format certain documents filed on paper in accordance with the electronic filing implementation plans established by [SCAO].” MCR 1.109(G)(3)(d). “A court may electronically send any notice, order, opinion, or other document issued by the court in that case by means of the electronic-filing system. MCR 1.109(G)(3)(e). MCR 1.109(G)(3)(e) does not “eliminate any responsibility of a party, under these rules, to serve documents that have been issued by the court.” Id. Attorneys must electronically file documents for required case types in courts that have implemented electronic filing, unless the attorney is exempt from e-filing under MCR 1.109(G)(3)(h) because of a disability. MCR 1.109(G)(3)(f). “All other filers are required to electronically file documents only in courts that have been granted approval to mandate electronic filing by the State Court Administrative Office[.]” Id. See Section 3.1(A)(3) for information on exemptions from e-filing mandates.
“There is only one official court record, regardless whether original or suitable-duplicate and regardless of the medium.” MCR 8.119(D)(4). “Documents electronically filed with the court or generated electronically by the court are original records and are the official court record. A paper printout of any electronically filed or generated document is a copy and is a nonrecord for purposes of records retention and disposal.” Id.
1.General Provisions
Authorized users must electronically provide specified case information, including e-mail addresses for achieving e-service.2 MCR 1.109(G)(5)(a)(i). The authorized user is responsible for ensuring that a filing has been received by the e-filing system, and must immediately notify the clerk of the court if it is discovered that the version of the document available for viewing through the e-filing system does not depict the document as submitted (and to resubmit the document if necessary). MCR 1.109(G)(5)(a)(ii). The authorized user may file a motion with the court pursuant to MCR 1.109(G)(7) if a controversy arises between the clerk of the court and the authorized user.3 MCR 1.109(G)(5)(a)(ii).
If the court rejects a submitted document pursuant to MCR 8.119(C), the clerk must notify the authorized user of the rejection and the reason for the rejection. MCR 1.109(G)(5)(a)(iii). The rejection must be recorded in an e-filing transaction (from the court to the authorized user), but the rejected document does not become part of the official court record. Id.
2.Timing
“A document submitted electronically is deemed filed with the court when the transmission to the electronic-filing system is completed and the required filing fees have been paid or waived.” MCR 1.109(G)(5)(b). “If a document is submitted with a request to waive the filing fees, no fees will be charged at the time of filing and the document is deemed filed on the date the document was submitted to the court.” Id. “A transmission is completed when the transaction is recorded as prescribed in [MCR 1.109(G)(5)(c)].” MCR 1.109(G)(5)(b). The filing date is the date the document was submitted, regardless of the date the clerk of the court accepts the filing. Id. A document submitted at or before 11:59 p.m. of a business day is deemed filed on that business day. Id. “Any document submitted on a Saturday, Sunday, legal holiday, or other day on which the court is closed pursuant to court order is deemed filed on the next business day.” Id.
3.Exemptions from Mandatory E-Filing
“Where electronic filing is mandated, a party may file paper documents with that court and be served with paper documents according to [MCR 1.109(G)(6)(a)(ii)] if the party can demonstrate good cause for an exemption.” MCR 1.109(G)(3)(g). “For purposes of [MCR 1.109], a court shall consider the following factors in determining whether the party has demonstrated good cause:
(i) Whether the person has a lack of reliable access to an electronic device that includes access to the Internet;
(ii) Whether the person must travel an unreasonable distance to access a public computer or has limited access to transportation and is unable to access the e-Filing system from home;
(iii) Whether the person has the technical ability to use and understand email and electronic filing software;
(iv) Whether access from a home computer system or the ability to gain access at a public computer terminal present a safety issue for the person;
(v) Any other relevant factor raised by a person.” MCR 1.109(G)(3)(g).
“Upon request, the following persons are exempt from electronic filing without the need to demonstrate good cause:
(i) a person who has a disability as defined under the Americans with Disabilities Act that prevents or limits the person’s ability to use the electronic filing system;
(ii) a person who has limited English proficiency that prevents or limits the person’s ability to use the electronic filing system; and
(iii) a party who is confined by governmental authority, including but not limited to an individual who is incarcerated in a jail or prison facility, detained in a juvenile facility, or committed to a medical or mental health facility.” MCR 1.109(G)(3)(h).
An exemption request must be filed (in paper) on a SCAO approved form, verified under MCR 1.109(D)(3), and no fee may be charged for the request. MCR 1.109(G)(3)(i)(i). “The request must specify the reasons that prevent the individual from filing electronically” and may be supported with documents. Id. “If the individual filed paper documents at the same time as the request for exemption under [MCR 1.109(G)(3)(i), the clerk shall process the documents for filing. If the documents meet the filing requirements of [MCR 1.109(D)], they will be considered filed on the day they were submitted.” MCR 1.109(G)(3)(j).
A request for exemption from e-filing under MCR 1.109(G)(3)(h) must “be approved by the clerk of the court on a form approved by [SCAO].” MCR 1.109(G)(3)(i)(ii). If the clerk is unable to grant an exemption, the clerk must immediately submit the request for judicial review. Id. A judge is required to review requests made under MCR 1.109(G)(3)(g) and MCR 1.109(G)(3)(h)(i), and any requests not granted by the clerk. MCR 1.109(G)(3)(i)(ii). A court must “issue an order granting or denying the request within two business days of the date the request was filed.” Id. The clerk “must hand deliver or promptly mail the clerk approval granted or order entered under [MCR 1.109(G)(3)(i) to the individual. MCR 1.109(G)(3)(k). The request, any supporting documentation, and the clerk approval or order must be placed in the case file. Id. “If there is no case file, the documents must be maintained in a group file.” Id. “If the request was made under [MCR 1.109(G)(3)(h)(i)], both the Request for Exemption from Use of MiFILE and the Request for Reasonable Accomodations [sic], along with any supporting documentation and the clerk approval or order shall be maintained confidentially.” MCR 1.109(G)(3)(k).
“An exemption granted under [MCR 1.109] is valid only for the court in which it was filed and for the life of the case unless the individual exempted from filing electronically registers with the electronic-filing system.” MCR 1.109(G)(3)(l). An individual who waives exemption (by registering with the electronic-filing system) “becomes subject to the rules of electronic filing and the requirements of the electronic-filing system. An individual who waives an exemption . . . may file another request for exemption.” Id.
Service of process of case initiating documents must be made in accordance with the rules and laws applicable to the particular case type. MCR 1.109(G)(6)(a)(i).
Generally, service of process of all other documents e-filed must be performed through the e-filing system. MCR 1.109(G)(6)(a)(ii). However, service must be made by any other method required by Michigan Court Rules if a party has been exempted from electronic filing or has not registered with the electronic-filing system. Id. “Delivery of documents through the electronic-filing system in conformity with [the Michigan Court Rules] is valid and effective personal service and is proof of service. MCR 1.109(G)(6)(a)(iii). “Except for service of process of initiating documents and as otherwise directed by the court or court rule, service may be performed simultaneously with filing.” MCR 1.109(G)(6)(a)(iv). “When a court rule permits service by mail, service may be accomplished electronically under [MCR 1.109(G)(6)].” MCR 1.109(G)(6)(a)(v).
Parties and attorneys are required to file with the court and serve on other parties or attorneys a written notice of a change in contact information, which includes name, physical address, mailing address, phone number, and email address (when required). MCR 1.109(D)(11)(a). The written notice of changed contact information must be served in accordance with MCR 2.107(C) or MCR 1.109(G)(6)(a). MCR 1.109(D)(11)(a). The clerk of the court must update the case caption with the modified contact information; however, the case title shall not be modified as a result of a change of name. MCR 1.109(D)(11)(b). The court and parties to the case must send or serve subsequent documents to the new mailing address as required by MCR 2.107(C) or the new email address as required by MCR 1.109(G)(6)(a). MCR 1.109(D)(11)(c).
“A document served electronically through the electronic-filing system in conformity with all applicable requirements of this rule is considered served when the transmission to the recipient’s email address is completed. A transmission is completed when the transaction is recorded as prescribed in [MCR 1.109(G)(6)(c)].” MCR 1.109(G)(6)(b).
“In the event the electronic-filing system fails to transmit a document submitted for filing, the authorized user may file a motion requesting that the court enter an order permitting the document to be deemed filed on the date it was first attempted to be sent electronically.” MCR 1.109(G)(7)(a). “The authorized user must prove to the court’s satisfaction that:
(i) the filing was attempted at the time asserted by the authorized user;
(ii) the electronic-filing system failed to transmit the electronic document; and
(iii) the transmission failure was not caused, in whole or in part, by any action or inaction of the authorized user. A transmission failure caused by a problem with the filer’s telephone line, ISP, hardware, or software shall be attributed to the filer.” MCR 1.109(G)(7)(a)(i)-(iii).
“Electronic service by the electronic-filing system is complete upon transmission as defined in [MCR 1.109(G)(6)(b)] unless the person or entity making service learns that the attempted service did not reach the intended recipient.” MCR 1.109(G)(7)(d). “If the transmission is undeliverable, the person or entity responsible for serving the document must immediately serve by regular mail under MCR 2.107(C)(3) or by delivery under MCR 2.107(C)(1) or [MCR 2.107(C)(2)] the document and a copy of the notice indicating that the transmission was undeliverable”; “[t]he person or entity must also include a copy of the notice when filing proof of service with the court under [MCR 1.109(G)].” MCR 1.109(G)(7)(d)(i). “A recipient who is served with a notice under [MCR 1.109(G)(7)(d)(i)] should ensure the electronic filing system reflects their current email address.” MCR 1.109(G)(7)(d)(ii).
If the e-filing system fails to transmit a document selected for service and that document is deemed necessary to ensure due process rights are protected, the State Court Administrator must “provide notice to the affected persons in either of the following ways:
(i) file, as a nonparty, a notice of defective service in each affected case and, as deemed appropriate, serve the notice, or
(ii) send notice of a system-wide transmission failure to each affected system user.” MCR 1.109(G)(7)(e).
“If notice is provided under [MCR 1.109(G)(7)(e)], the clerk of the court where the affected case is filed must enter the event in the case history in accordance with MCR 8.119(D)(1)(a).” MCR 1.109(G)(7)(f). A fee must “not be assessed on a motion filed claiming that rights in the case were adversely affected by transmission failure of a document selected for service.” MCR 1.109(G)(7)(g).
Part B: Complaints, Arrests4, and Summonses