Glossary
A
•For purposes of MCR 2.405, actual costs “means the costs and fees taxable in a civil action and a reasonable attorney fee, dating to the rejection of the prevailing party’s last offer or counteroffer, for services necessitated by the failure to stipulate to the entry of judgment.” MCR 2.405(A)(6).
•For purposes of MCR 3.603, actual costs “are those costs taxable in any civil action, and a reasonable attorney fee as determined by the trial court.” MCR 3.603(E).
•For purposes of MCR 2.405, adjusted verdict “means the verdict plus interest and costs from the filing of the complaint through the date of the offer.” MCR 2.405(A)(5).
•For purposes of Subchapter 9.300 of the Michigan Court Rules, affected attorney “means an attorney who is either temporarily or permanently unable to practice law because the attorney has:
(1) resigned;
(2) been disbarred or suspended;
(3) disappeared;
(4) been imprisoned;
(5) abandoned the practice of law;
(6) become temporarily or permanently disabled or incapacitated;
(7) been transferred to disability inactive status pursuant to MCR 9.121; or
(8) died.” MCR 9.301(A).
•For purposes of Subchapter 9.300 of the Michigan Court Rules, affected attorney’s clients “are clients to whom the Affected Attorney is the attorney of record, regardless of whether the retainer agreement is with the Affected Attorney or the Affected Attorney’s Law Firm.” MCR 9.301(B).
•For purposes of Subchapter 7.100 of the Michigan Court Rules, agency “means any governmental entity other than a trial court, the decisions of which are subject to appellate review in the circuit court[.]” MCR 7.102(1) (quotation marks omitted).
Alternative dispute resolution
•For purposes of MCR 2.410, alternative dispute resolution (ADR) “means any process designed to resolve a legal dispute in the place of court adjudication, and includes settlement conferences ordered under MCR 2.401; case evaluation under MCR 2.403; mediation under MCR 2.411; domestic relations mediation under MCR 3.216; child protection mediation under MCR 3.970; and other procedures provided by local court rule or ordered on stipulation of the parties.” MCR 2.410(A)(2).
•For purposes of Subchapter 7.100 of the Michigan Court Rules, appeal “means judicial review by the circuit court of a judgment, order or decision of a trial court or agency, even if the statute or constitutional provision authorizing circuit court appellate review uses a term other than appeal.” MCR 7.102(2) (quotation marks omitted, italics added). Appeal does not include actions commenced under the Freedom of Information Act, MCL 15.231 et seq., proceedings described in MCR 3.302 through MCR 3.306, and motions filed under MCR 6.110(H)[.]” MCR 7.102(2) (quotation marks omitted, italics added).
Appointed interim administrator
•For purposes of Subchapter 9.300 of the Michigan Court Rules, appointed interim administrator means “an Interim Administrator who is appointed by the circuit court pursuant to MCR 9.305 to serve on behalf of the Affected Attorney.” MCR 9.301(C).
•For purposes of the Deaf Persons’ Interpreters Act, appointing authority means “a court or a department, board, commission, agency, or licensing authority of this state or a political subdivision of this state or an entity that is required to provide a qualified interpreter in circumstances described under [MCL 393.503a].” MCL 393.502(a). MCL 393.503a provides that “[i]f an interpreter is required as an accommodation for a deaf or deaf-blind person under state or federal law, the interpreter shall be a qualified interpreter.”
•For purposes of the Uniform Arbitration Act, arbitration organization “means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.” MCL 691.1681(2)(a).
•For purposes of the Uniform Arbitration Act, arbitrator “means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.” MCL 691.1681(2)(b).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, authorized court “means a court accepted by the state court administrative office under [MCL 600.1991] for access to the electronic filing system.” MCL 600.1985(a).
•For purposes of MCR 1.109(G), authorized user “means a user of the e-filing system who is registered to file, serve, and receive documents and related data through approved electronic means. A court may revoke user authorization for good cause as determined by the court, including but not limited to a security breach.” MCR 1.109(G)(1)(a).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, automated payment means “an electronic payment method authorized by the state court administrative office at the direction of the supreme court, including, but not limited to, payments made with credit and debit cards.” MCL 600.1985(b).
•For purposes of MCR 2.405, average offer “means the sum of an offer and a counteroffer, divided by two. If no counteroffer is made, the offer shall be used as the average offer.” MCR 2.405(A)(3).
B
•For purposes of MCL 600.8031 to MCL 600.8047, business court means a court that “has jurisdiction over business and commercial disputes in which equitable or declaratory relief is sought or in which the matter otherwise meets circuit court jurisdictional requirements.” MCL 600.8035(1).
Business or commercial dispute
•For purposes of MCL 600.8031 to MCL 600.8047, business or commercial dispute means “any of the following:
(i) An action in which all of the parties are business enterprises, unless the only claims asserted are expressly excluded under [MCL 600.8031(3)].
(ii) An action in which 1 or more of the parties is a business enterprise and the other parties are its or their present or former owners, managers, shareholders, members of a limited liability company or a similar business organization, directors, officers, agents, employees, suppliers, guarantors of a commercial loan, or competitors, and the claims arise out of those relationships.
(iii) An action in which 1 of the parties is a nonprofit organization, and the claims arise out of that party’s organizational structure, governance, or finances.” MCL 600.8031(1)(c).
C
•For purposes of MCR 1.111, case or court proceeding “means any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
Certified foreign language interpreter
•For purposes of MCR 1.111, certified foreign language interpreter “means a person who has:
(a) passed a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(b) met all the requirements established by the state court administrator for this interpreter classification, and
(c) registered with the State Court Administrative Office.” MCR 1.111(A)(4).
•For purposes of MCL 600.1307a, certified nurse midwife “means an individual licensed as a registered professional nurse under . . . MCL 333.16101 to [MCL] 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under . . . MCL 333.17210.” MCL 600.1307a(8)(a).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, civil action means “an action that is not a criminal case, a civil infraction action, a proceeding commenced in the probate court under [MCL 700.3982], or a proceeding involving a juvenile under [the Juvenile Code, MCL 712A.1 et seq.] MCL 600.1985(c).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, clerk means “the clerk of the court referenced in the rules of the supreme court, chief clerk of the court of appeals, county clerk, probate register, district court clerk, or clerk of the court of claims where the civil action is commenced, as applicable.” MCL 600.1985(d).
•For purposes of MCR 2.402, communication equipment “means a conference telephone or other electronic device that permits all those appearing or participating to hear and speak to each other. It does not include use of a remote video platform through an audio-only option.” MCR 2.402(A).
•For purposes of MCR 1.109, confidential “means that a case record is nonpublic and accessible only to those individuals or entities specified in statute or court rule. A confidential record is accessible to parties only in the manner specified in statute or court rule.” MCR 1.109(H)(1).
•For purposes of Chapter 24 of the Revised Judicature Act of 1961, costs and fees “means the normal costs incurred in being a party in a civil action after an action has been filed with the court, those provided by law or court rule, and include all of the following:
(a) The reasonable and necessary expenses of expert witnesses as determined by the court.
(b) The reasonable costs of any study, analysis, engineering report, test, or project which is determined by the court to have been necessary for the preparation of a party’s case.
(c) Reasonable and necessary attorney fees including those for purposes of appeal.” MCL 600.2421b(1).
•For purposes of MCR 2.405, counteroffer “means a written reply to an offer, served within 21 days after service of the offer, in which a party rejects an offer of the adverse party and makes his or her own offer.” MCR 2.405(A)(2).1
•For purposes of Chapter XIIA of the Probate Code, court “means the family division of circuit court.” MCL 712A.1(1)(e).
•For purposes of the Uniform Arbitration Act, court “means the circuit court.” MCL 691.1681(2)(c).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, court funding unit “means 1 of the following, as applicable: (i) for circuit or probate court, the county. (ii) For district court, the district funding unit as that term is defined in [MCL 600.8104]. (iii) For the supreme court, court of appeals, or court of claims, the state.” MCL 600.1985(e).
•For purposes of the Michigan Court Rules, court records:
“(1) . . . are defined by MCR 8.119 and this subrule. Court records are recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules. Court records may be created using any means and may be maintained in any medium authorized by these court rules proved those records comply with other provisions of law and these court rules.
(a) Court records include, but are not limited to:
(i) documents, attachments to documents, discovery materials, and other materials filed with the clerk of the court,
(ii) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records.
(b) For purposes of [MCR 1.109(A)]:
(i) Documents include, but are not limited to, pleadings, orders, and judgments.
(ii) Recordings refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.
(iii) Data refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.
(iv) Other recorded information includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.
(2) Discovery materials that are not filed with the clerk of the court are not court records. Exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not court records.” MCR 1.109(A).
D
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, data “refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.” MCR 1.109(A)(1)(b)(iii).
Date for the completion of discovery
•For purposes of MCR 2.301(B)(4), unless ordered otherwise, date for the completion of discovery “means the serving party shall initiate the discovery by a time that provides for a response or appearance, per [the Michigan Court Rules], before the completion date.” MCR 2.301(B)(4).
•For purposes of the Deaf Persons’ Interpreters Act, deaf person means “a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input; including, but not limited to, lip reading, sign language, finger spelling, or reading.” MCL 393.502(b).
•For purposes of the Deaf Persons’ Interpreters Act, deaf-blind person means “a person who has a combination of hearing loss and vision loss, such that the combination necessitates specialized interpretation of spoken and written information in a manner appropriate to that person’s dual sensory loss.” MCL 393.502(c).
•For purposes of the Deaf Persons’ Interpreters Act, deaf interpreter or intermediary interpreter means “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
Designated interim administrator
•For purposes of Subchapter 9.300 of the Michigan Court Rules, designated interim administrator “means an Interim Administrator that a Private Practice Attorney has designated to serve and who has accepted the designation in the event the Private Practice Attorney should become an Affected Attorney.” MCR 9.301(D).
•For purposes of MCR 2.316, disclosure material “means disclosures under MCR 2.302(A)[.]” MCR 2.316(A).
•For purposes of MCR 2.316, discovery material “means deposition transcripts, audio or video recordings of depositions, interrogatories, documents produced during discovery and made a part of the court file, and answers to interrogatories and requests to admit.” MCR 2.316(A).
•For purposes of the Deaf Persons’ Interpreters Act, division means “the division on deaf and hard of hearing of the department of labor and economic growth.” MCL 393.502(d).
•For purposes of the Michigan Court Rules, document means “a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 8 1/2 x 11 inch paper without manipulation.” MCR 1.109(B).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, documents “include, but are not limited to, pleadings, orders, and judgments.” MCR 1.109(A)(1)(b)(i).
•For purposes of Subchapter 2.300 of the Michigan Court Rules, document “includes writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium, including ESI.” MCR 2.310(A)(1).
E
•For purposes of MCR 1.109(G), electronic filing or e-filing “means the electronic transmission of data and documents to the court through the electronic-filing system.” MCR 1.109(G)(1)(b).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, electronic filing system means “a system authorized after [January 1, 20162] by the supreme court for the electronic filing of documents using a portal contracted for by the state court administrative office for the filing of documents in the supreme court, court of appeals, circuit court, probate court, district court, and court of claims.” MCL 600.1985(f)
•For purposes of MCR 1.109(G), electronic-filing system “means a system proved by the State Court Administrative Office that permits electronic transmission of data and documents.” MCR 1.109(G)(1)(c).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, electronic filing system fee “means the fee described in [MCL 600.1986].” MCL 600.1985(g).
•For purposes of MCR 1.109(G), electronic notification “means the electronic transmission of information from the court to authorized users through the electronic-filing system. This does not apply to service of documents. See [MCR 1.109(G)(1)(f)].” MCR 1.109(G)(1)(d).
Electronic service or e-service
•For purposes of MCR 1.109(G), electronic service or e-service “means the electronic service of information by means of the electronic-filing system under [MCR 1.109]. It does not include service by alternative electronic service under MCR 2.107(C)(4).” MCR 1.109(G)(1)(e).
•For purposes of the Michigan Court Rules, electronic signature “means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The following form is acceptable: /s/ John L. Smith.” MCR 1.109(E)(4)(a).
•For purposes of the Bullard-Plawecki Employee Right to Know Act, employee “means a person currently employed or formerly employed by an employer.” MCL 423.501(2)(a).
•For purposes of the Bullard-Plawecki Employee Right to Know Act, employer “means an individual, corporation, partnership, labor organization, unincorporated association, the state, or an agency or a political subdivision of the state, or any other legal, business, or commercial entity which has 4 or more employees and includes an agent of the employer.” MCL 423.501(2)(b).
•For purposes of Subchapter 2.300 of the Michigan Court Rules, entry on land “means entry upon designated land or other property in the possession or control of the person on whom the request is served for the purpose of inspecting, measuring, surveying, photographing, testing, or sampling the property or a designated object or operation on the property, within the scope of MCR 2.302(B).” MCR 2.310(A)(3).
•For purposes of Subchapter 2.300 of the Michigan Court Rules, ESI “means electronically stored information, regardless of format, system, or properties.” MCR 2.310(A)(2).
F
•For purposes of MCL 600.1307a, felony “means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 600.1307a(8)(b).
•For purposes of Subchapter 7.200 of the Michigan Court Rules, final judgment or final order means:
“(a) In a civil case,
(i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order;
(ii) an order designated as final under MCR 2.604(B);
(iii) in a domestic relations action, a postjudgment order affecting the custody of a minor;[3]
(iv) a postjudgment order awarding or denying attorney fees and costs under court rule or other law;
(v) an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on a claim of governmental immunity; or
(vi) in a foreclosure action involving a claim for remaining proceeds under MCL 211.78t, a postjudgment order deciding the claim.
(b) In a criminal case,
(i) an order dismissing the case;
(ii) the original sentence imposed following conviction;
(iii) a sentence imposed following the granting of a motion for resentencing;
(iv) a sentence imposed, or order entered, by the trial court following a remand from an appellate court in a prior appeal of right; or
(v) a sentence imposed following revocation of probation.” MCR 7.202(6).
•For purposes of MCL 566.132, financial institution “means a state or national chartered bank, a state or federal chartered savings bank or savings and loan association, a state or federal chartered credit union, a person licensed or registered under the mortgage brokers, lenders, and servicers licensing act, [MCL 445.1651–MCL 445.1684] or the secondary mortgage loan act, [MCL 493.51–MCL 493.81], or an affiliate or subsidiary thereof.” MCL 566.132(4).
Financially able to pay for interpretation costs
•For purposes of MCR 1.111, concerning foreign language interpreters, a person is financially able to pay for interpretation costs if “the court determines that requiring reimbursement of interpretation costs will not pose an unreasonable burden on the person’s ability to have meaningful access to the court.” MCR 1.111(A)(3). For purposes of MCR 1.111, a person is financially able to pay for interpretation costs when:
“(a) The person’s family or household income is greater than 125% of the federal poverty level; and
(b) An assessment of interpretation costs at the conclusion of the litigation would not unreasonably impede the person’s ability to defend or pursue the claims involved in the matter.” MCR 1.111(A)(3).
•For purposes of the Uniform Interstate Depositions and Discovery Act, foreign jurisdiction “means a state other than this state.” MCL 600.2202(a).
•For purposes of the Uniform Interstate Depositions and Discovery Act, foreign subpoena “means a subpoena issued under authority of a court of record of a foreign jurisdiction.” MCL 600.2202(b).
•For purposes of MCR 2.403, an action or defense is frivolous “if, as to all of a plaintiff’s claims or all of a defendant’s defenses to liability, at least 1 of the following conditions is met:
(a) The party’s primary purpose in initiating the action or asserting the defense was to harass, embarrass, or injure the opposing party.
(b) The party had no reasonable basis to believe that the facts underlying that party’s legal position were in fact true.
(c) The party’s legal position was devoid of arguable legal merit.” MCR 2.403(K)(4).
•For purposes of MCL 600.2591, frivolous “means that at least 1 of the following conditions is met:
(i) The party’s primary purpose in initiating the action or asserting the defense was to harass, embarrass, or injure the prevailing party.
(ii) The party had no reasonable basis to believe that the facts underlying that party’s legal position were in fact true.
(iii) The party’s legal position was devoid of arguable legal merit.” MCL 600.2591(3)(a).
G
•For purposes of MCL 600.6306a, gross present cash value “means the total amount of future damages reduced to present value at a rate of 5% per year, compounded annually, for each year in which the damages will accrue, as found by the trier of fact under [MCL 600.6305(1)(b)].” MCL 600.6306a(4).
I
•For purposes of Subchapter 9.300 of the Michigan Court Rules, interim administrator “means a general term for an active Michigan attorney in good standing who serves on behalf of a Private Practice Attorney who becomes an Affected Attorney. It also means a law firm with at least one other active Michigan attorney that is designated to serve on behalf of a Private Practice Attorney who becomes an Affected Attorney.” MCR 9.301(E).
•For purposes of the Deaf Persons’ Interpreters Act, intermediary interpreter or deaf interpreter means “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of MCR 1.111, interpret and interpretation “mean the oral rendering of spoken communication from one language to another without change in meaning.” MCR 1.111(A)(5).
J
•For purposes of MCR 2.003, judge “includes a justice of the Michigan Supreme Court.” MCR 2.003(A).
•For purposes of Chapter XIIA of the Probate Code, until September 30, 2021, juvenile “means a person who is less than 17 years of age who is the subject of a delinquency petition.” MCL 712A.1(1)(i). Beginning October 1, 2021, juvenile “means a person who is less than 18 years of age who is the subject of a delinquency petition.” Id.
K
•For purposes of the Uniform Arbitration Act, knowledge “means actual knowledge.” MCL 691.1681(2)(d).
L
•For purposes of Subchapter 9.300 of the Michigan Court Rules, law firm “means the entity in which the Affected Attorney carries out the profession of being a lawyer.” MCR 9.301(F).
•For purposes of MCL 600.1307a, lactation consultant “means a lactation consultant certified by the International Board of Lactation Consultant Examiners.” MCL 600.1307a(8)(c).
Limited English proficient person
•Limited English proficient person “means a person who does not speak English as his or her primary language, and who has a limited ability to read, write, speak, or understand English, and by reason of his or her limitations, is not able to understand and meaningfully participate in the court process.” Administrative Order No. 2013-8.
M
•For purposes of MCR 2.411 (mediation) and MCR 3.216 (domestic relations mediation), see MCR 2.412(A), mediation communications “include statements whether oral or in a record, verbal or nonverbal, that occur during the mediation process or are made for purposes of retaining a mediator or for considering, initiating, preparing for, conducting, participating in, continuing, adjourning, concluding, or reconvening a mediation.” MCR 2.412(B)(2).
•For purposes of MCR 2.411 (mediation) and MCR 3.216 (domestic relations mediation), see MCR 2.412(A), mediation participant “means a mediation party, a nonparty, an attorney for a party, or a mediator who participates in or is present at a mediation.” MCR 2.412(B)(4).
•MCR 2.411 (mediation) and MCR 3.216 (domestic relations mediation), see MCR 2.412(A), mediation party “means a person who or entity that participates in a mediation and whose agreement is necessary to resolve the dispute.” MCR 2.412(B)(3).
•For purposes of MCR 2.411 (mediation) and MCR 3.216 (domestic relations mediation), see MCR 2.412(A), mediator “means an individual who conducts mediation.” MCR 2.412(B)(1).
N
•For purposes of MCR 1.109, nonpublic “means that a case record is not accessible to the public. A nonpublic case record is accessible to parties and only those other individuals or entities specified in statute or court rule. A record may be made nonpublic only pursuant to statute or court rule. A court may not make a record nonpublic by court order.” MCR 1.109(H)(2).
Notice of electronic filing or service
•For purposes of MCR 1.109(G), notice of electronic filing or service “means a notice automatically generated by the e-filing system at the time a document is filed or served.” MCR 1.109(G)(1)(f).
O
•For purposes of MCR 2.405, offer “means a written notification to an adverse party of the offeror’s willingness to stipulate to the entry of a judgment in a sum certain, which is deemed to include all costs and interest then accrued. If a party has made more than one offer, the most recent offer controls for the purposes of this rule.” MCR 2.405(A)(1).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, other recorded information “includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.” MCR 1.109(A)(1)(b)(iv).
•For purposes of MCR 8.126, an out-of-state attorney is “[a]ny person who is licensed to practice law in another state or territory, or in the District of Columbia, of the United States of America, or in any foreign country, and who is not disbarred or suspended in any jurisdiction, and who is eligible to practice in at least one jurisdiction[.]” MCR 8.126(A).
P
•For purposes of subchapter 2.400 of the Michigan Court Rules, participants “include, but are not limited to, parties, counsel, and subpoenaed witnesses, but do not include the general public.” MCR 2.407(A)(1).
•For purposes of MCR 4.101(F)(4), participant is defined in MCR 2.407(A)(1).
•For purposes of MCR 1.111, party “means a person named as a party or a person with legal decision-making authority in the case or court proceeding.” MCR 1.111(A)(2).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, party means “the person or entity commencing a civil action.” MCL 600.1985(h).
•For purposes of MCR 3.223, Party A “is the equivalent of a plaintiff and means the party responsible for filing and service requirements.” MCR 3.223(B)(1).
•For purposes of MCR 3.223, Party B “is the equivalent of a defendant and means the non-filing party.” MCR 3.223(B)(2).
•For purposes of the Uniform Interstate Depositions and Discovery Act, person “means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.” MCL 600.2202(c).
•For purposes of the Uniform Arbitration Act, person “means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentally; or any other legal or commercial entity.” MCL 691.1681(2)(e).
•For purposes of the Bullard-Plawecki Employee Right to Know Act, personnel record “means a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership, or other association who has a contractual agreement with the employer to keep or supply a personnel record as provided in this subdivision. A personnel record shall not include:
(i) Employee references supplied to an employer if the identity of the person making the reference would be disclosed.
(ii) Materials relating to the employer’s staff planning with respect to more than 1 employee, including salary increases, management bonus plans, promotions, and job assignments.
(iii) Medical reports and records made or obtained by the employer if the records or reports are available to the employee from the doctor or medical facility involved.
(iv) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person’s privacy.
(v) Information that is kept separately from other records and that relates to an investigation by the employer pursuant to [MCL 423.509].
(vi) Records limited to grievance investigations which are kept separately and are not used for the purposes provided in this subdivision.
(vii) Records maintained by an educational institution which are directly related to a student and are considered to be education records under section 513(a) of title 5 of the family educational rights and privacy act of 1974, 20 USC 1232g.
(viii) Records kept by an executive, administrative, or professional employee that are kept in the sole possession of the maker of the record, and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee kept pursuant to this subparagraph may be entered into a personnel record if entered not more than 6 months after the date of the occurrence or the date the fact becomes known.” MCL 423.501(2)(c).
•For purposes of MCL 600.1307a, physician “means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under . . . MCL 333.16101 to [MCL] 333.18838.” MCL 600.1307a(8)(d).
•For purposes of Chapter 24 of the Revised Judicature Act of 1961, prevailing party means:
“(a) In an action involving several remedies, or issues or counts which state different causes of actions or defenses, the party prevailing as to each remedy, issue, or count.
(b) In an action involving only 1 issue or count stating only 1 cause of action or defense, the party prevailing on the entire record.” MCL 600.2421b(3).
•For purposes of MCL 600.2591, prevailing party “means a party who wins on the entire record.” MCL 600.2591(3)(b).
•For purposes of Subchapter 9.300 of the Michigan Court Rules, private practice attorney “means an attorney who is an active Michigan attorney in good standing and who is subject to Rule 21 of the Rules Concerning the State Bar of Michigan, Mandatory Interim Administrator Planning.” MCR 9.301(G).
•For purposes of MCL 600.1405, a promise “shall be construed to have been made for the benefit of a person whenever the promisor of said promise had undertaken to give or to do or refrain from doing something directly to or for said person.” MCL 600.1405(1).
Q
Qualified foreign language interpreter
•For purposes of MCR 1.111, qualified foreign language interpreter “means:
(a) A person who provides interpretation services, provided that the person has:
(i) registered with the State Court Administrative Office; and
(ii) passed the consecutive portion of a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator (if testing exists for the language), and is actively engaged in becoming certified; and
(iii) met the requirements established by the state court administrator for this interpreter classification; and
(iv) been determined by the court after voir dire to be competent to prove interpretation services for the proceeding in which the interpreter is providing services, or
(b) A person who works for an entity that provides in-person interpretation services provided that:
(i) both the entity and the person have registered with the State Court Administrative Office; and
(ii) the person has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(c) A person who works for an entity that provides interpretation services by telecommunication equipment, provided that:
(i) the entity has registered with the State Court Administrative Office; and
(ii) the entity has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services.” MCR 1.111(A)(6).
•For purposes of the Deaf Persons’ Interpreters Act, qualified interpreter means “a person who is certified through the national registry of interpreters for the deaf or certified through the state by the division.” MCL 393.502(f).
•For purposes of the Deaf Persons’ Interpreters Act, qualified oral interpreter “means a qualified interpreter who is able to convey information through facial and lip movement.” MCL 393.502(g).
Qualified sign language interpreter
•For purposes of the Deaf Persons’ Interpreters Act, qualified sign language interpreter “means a qualified interpreter who uses sign language to convey information.” MCL 393.502(h).
•For purposes of Chapter 19A of the Revised Judicature Act, qualified vendor means “a private vendor selected by the state court administrative office by a competitive bidding process to effectuate the purpose of [MCL 600.1991(3)].” MCL 600.1985(i).
R
•For purposes of MCL 600.1428, record means “information of any kind that is recorded in any manner and that has been created by a court or filed with a court in accordance with supreme court rules.” MCL 600.1428(4).
•For purposes of the Uniform Arbitration Act, record “means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.” MCL 691.1681(2)(f).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, recordings “refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.” MCR 1.109(A)(1)(b)(ii).
•For purposes of MCR 1.109, redact “means to obscure individual items of information within an otherwise publicly accessible document.” MCR 1.109(H)(3).
•For purposes of MCR 3.501, residual funds “are funds that remain after the payment of approved class member claims, expenses, litigation costs, attorney’s fees, and other court-approved disbursements made to implement the relief granted in the judgment approving a proposed settlement of a class action.” MCR 3.501(D)(6)(a).
S
•For purposes of MCR 1.109, sealed “means that a document or portion of a document is sealed by court order pursuant to MCR 8.119(I). Except as required by statute, an entire case may not be sealed.” MCR 1.109(H)(5).
•For purposes of the Michigan Court Rules, signature “means a written signature as defined by MCL 8.3q or an electronic signature as defined by [MCR 1.109(E)(4)(a)].” MCR 1.109(E)(1).
•For purposes of the Uniform Interstate Depositions and Discovery Act, state means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.” MCL 600.2202(d).
•For purposes of the Uniform Interstate Depositions and Discovery Act, subpoena “means a document, however denominated, issued under authority of a court of record requiring a person to do any of the following:
(i) Attend and give testimony at a deposition.
(ii) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.
(iii) Permit inspection of premises under the control of the person.” MCL 600.2202(e).
T
The state or any of its departments or officers
•For purposes of MCL 600.6419, the state or any of its departments or officers “means this state [(Michigan)] or any state governing, legislative, or judicial body, department, commission, board, institution, arm, or agency of the state, or an officer, employee, or volunteer of this state or any governing, legislative, or judicial body, department, commission, board, institution, arm, or agency of this state, acting, or who reasonably believes that he or she is acting, within the scope of his or her authority while engaged in or discharging a government function in the course of his or her duties.” MCL 600.6419(7).
•For purposes of Subchapter 7.100 of the Michigan Court Rules, trial court “means the district or municipal court from which the appeal is taken.” MCR 7.102(9) (quotation marks omitted).
V
•For purposes of MCR 2.405, verdict “includes,
(a) a jury verdict,
(b) a judgment by the court after a nonjury trial,
(c) a judgment entered as a result of a ruling on a motion after rejection of the offer of judgment, including a motion entering judgment on an arbitration award.” MCR 2.405(A)(4).
•For purposes of Subchapter 2.400 of the Michigan Court Rules, videoconferencing “means the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).