[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]

Transcription

1 Order August 24, 2012 ADM File No Amendments of Rules 3.931, 3.977, 4.101, 4.201, 4.202, 4.401, 5.101, 6.610, 6.625, 6.907, 7.104, 7.105, 7.108, 7.116, 7.118, 7.119, 7.121, 7.123, 7.215, 7.309, and Rule of the Michigan Court Rules Michigan Supreme Court Lansing, Michigan Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, Justices On order of the Court, Rules 3.931, 3.977, 4.101, 4.201, 4.202, 4.401, 5.101, 6.610, 6.625, 6.907, 7.104, 7.105, 7.108, 7.116, 7.118, 7.119, 7.121, 7.123, 7.215, 7.309, and Rule of the Michigan Court Rules are amended, effective immediately. [Additions to the text are indicated in underlining and deleted text is shown by strikeover.] Rule Initiating Delinquency Proceedings (B) Content of Petition. A petition must contain the following information: (1)-(6) (7) if applicable, the notice required by MCL (7)(8), and the juvenile's Michigan driver's license number; and (8) (C)- Rule Termination of Parental Rights -(G) (H) Termination of Parental Rights; Other. If the parental rights of a respondent over the child were not terminated pursuant to subrule (E) at the initial dispositional hearing or pursuant to subrule (F) at a hearing on a supplemental petition on the

2 2 basis of different circumstances, and the child is within the jurisdiction of the court, the court must, if the child is in foster care, or may, if the child is not in foster care, following a dispositional review hearing under MCR 3.975, a progress review under MCR 3.974, or a permanency planning hearing under MCR 3.976, take action on a supplemental petition that seeks to terminate the parental rights of a respondent over the child on the basis of one or more grounds listed in MCL 712A.19b(3). (1)-(2) (3) Order. The court must order termination of the parental rights of a respondent and must order that additional efforts for reunification of the child with the respondent must not be made, if the court finds on the basis of clear and convincing evidence admitted pursuant to subrule (G)(2)(H)(2) that one or more facts alleged in the petition: (i) (ii) are true, and come within MCL 712A.19b(3). (4) (I)-(K) Rule Civil Infraction Actions -(G) (H) Appeal; Bond. (1) An appeal following a formal hearing is a matter of right. Except as otherwise provided in this rule, the appeal is governed by subchapter (b) If a defendant who has posted a bond fails to comply with the requirements of MCR 7.101(C)(2) or (F)(1)7.104, the appeal may be considered abandoned, and the district court may dismiss the appeal on 14 7 days' notice to the parties pursuant to MCR 7.101(G) The court clerk must promptly notify the circuit court of a dismissal and the circuit court shall dismiss the claim of

3 3 appeal. If the appeal is dismissed or the judgment is affirmed, the district court may apply the bond to the fine and costs. (c) (2)-(3) Rule Summary Proceedings to Recover Possession of Premises -(M) (N) Appeals From Possessory Judgments. (1) Rules Applicable. Except as provided by this rule, appeals must comply with MCR 7.101, 7.102, and through (2)-(4) (O) Rule Summary Proceedings; Land Contract Forfeiture -(K) (L) Appeal. Except as provided by this rule or by law, the rules applicable to other appeals to circuit court (see MCR ) apply to appeals from judgments in land contract forfeiture cases. However, in such cases the time limit for filing a claim of appeal under MCR 7.101(B)(1) is 10 days. Rule Magistrates -(C) Appeals. Appeals of right may be taken from a decision of the magistrate to the district court in the district in which the magistrate serves by filing a written claim of appeal in substantially the form provided by MCR 7.101(C)7.104 within 7 days of the entry of the decision of the magistrate. No fee is required on the filing of the appeal, except as otherwise provided by statute or court rule. The action is heard de novo by the district court. Rule Form and Commencement of Action -(B)

4 4 (C) Civil Actions, Commencement, Governing Rules. The following actions, must be titled civil actions, and commenced by filing a complaint and are governed by the rules which are applicable to civil actions in circuit court: (1) Any action against another filed by a fiduciary or trustee., and (2) Any action filed by a claimant after notice that the claim has been disallowed. Rule Criminal Procedures Generally - (E) Pleas of Guilty and Nolo Contendere. Before accepting a plea of guilty or nolo contendere, the court shall in all cases comply with this rule. (1)-(7) (8) The following provisions apply where a defendant seeks to challenge the plea. A defendant may not challenge a plea on appeal unless the defendant moved in the trial court to withdraw the plea for noncompliance with these rules. Such a motion may be made either before or after sentence has been imposed. After imposition of sentence, the defendant may file a motion to withdraw the plea within the time for filing an application for leave to appeal under MCR 7.103(B)(6)7.105(F)(2). (b)-(c) (9) (F)-(H) Rule Appeal; Appointment of Appellate Counsel (B) If the court imposed a sentence of incarceration, even if suspended, and the defendant is indigent, the court must enter an order appointing a lawyer if, within 14 days after sentencing, the defendant files a request for a lawyer or makes a

5 5 request on the record. Unless there is a postjudgment motion pending, the court must rule on a defendant s request for a lawyer within 14 days after receiving it. If there is a postjudgment motion pending, the court must rule on the request after the court s disposition of the pending motion and within 14 days after that disposition. If a lawyer is appointed, the 21 days for taking an appeal pursuant to MCR 7.101(B)(1)7.104(3) and MCR 7.103(B)(1) 7.105(3) shall commence on the day of the appointment. Rule Arraignment on Complaint and Warrant (B) Temporary Detention Pending Arraignment. If the prosecuting attorney has authorized the filing of a complaint and warrant charging a specified juvenile violation instead of approving the filing of a petition in the family division of the circuit court, a juvenile may, following apprehension, be detained pending arraignment: (1)-(3) (C) Rule Filing Appeal of Right - (E) Service Requirements in Trial Court or Agency. Within the time for taking the appeal, the appellant shall serve on the trial court or agency from which the appeal is taken: (1)-(4) (5) unless there is nothing to be transcribed, the certificate of the court reporter or recorder or a statement that the transcript has been ordered and payment for it made or secured. If a statement is filed, the certificate of the court reporter or recorder must be filed within 7 days after a transcript is ordered by a party of or the court. (F) Rule Application for Leave to Appeal

6 6 (1)-(2) (3) If a criminal defendant, who has pled guilty or nolo contendere, requests appointment of an attorney within 21 days after entry of the judgment orof sentence, an application must be filed within 21 days after entry of an order: appointing or denying the appointment of an attorney, or (b) denying a timely filed motion described in subrule (2). (B)-(E) (F) Late Appeal. (1) (2) A late application may not be filed more than 6 months after entry of: -(b) (c) an order denying a motion for new trial under MCR 6.610(H)(G) or a motion to withdraw a plea under MCR 6.610(E)(7)(8). Rule Stay of Proceedings; Bond; Review -(C) (E) Civil Infractions. An appeal bond and stay in a civil infraction proceeding is governed by MCR 4.101(G)(H)(1). Rule Appeals Under the Michigan Employment Security Act (B) Time Requirements. An appeal of right from an order or decision of the Michigan Employment Security Board of Review Michigan Compensation Appellate Commission must be taken within 30 days after the mailing of the board s commission s decision.

7 7 (C) Manner of Filing. Except as provided in subrule (B), the claim of appeal shall conform with MCR and must include statements of jurisdiction and venue. In addition, proof that the claim of appeal was served on the board of review Michigan Compensation Appellate Commission and all interested parties must be filed in the circuit court. The Michigan Employment Security Commission unemployment agency is a party to any appeal under MCL (3), but the board of review Michigan Compensation Appellate Commission is not a party to the appeal. -(E) (F) (G) Record on Appeal. Within 42 days after the claim of appeal is served on the board of review Michigan Compensation Appellate Commission, or within further time as the circuit court allows, the board of review Michigan Compensation Appellate Commission must transmit to the clerk of the circuit court a certified copy of the record of proceedings before the referee administrative law judge and the board of review Michigan Compensation Appellate Commission. The certified record must comply with MCL (3). The board of review Michigan Compensation Appellate Commission must notify the parties that the record was transmitted. Standard of Review and Decision on Appeal. Under MCL , the circuit court may reverse an order or decision of the board of review Michigan Compensation Appellate Commission only if it finds that the order or decision is contrary to law or is not supported by competent, material, and substantial evidence on the whole record. In all other respects, MCR applies. Rule Appeals from the Michigan Parole Board -(C) Application for Leave to Appeal. (1)-(3) (4) Venue. An application for leave to appeal a decision of the parole board may only be filed in the circuit court of the sentencing county under MCL (9)(11). (E)-(G) (H) Procedure After Leave to Appeal Granted. If leave to appeal is granted, MCR 7.105(4) applies along with the following:

8 8 (1)-(3) (4) Remand to the Parole Board. On motion by a party or on the court s own motion, the court may remand the matter to the parole board for an explanation of its decision. (b) The time for filing briefs on appeal under subrule (G)(H)(2) is tolled while the matter is pending on remand. (I)-(J) Rule Appeals from Agencies Governed by the Administrative Procedures Act (B) Appeal of Right. (1) (2) Manner of Filing. -(e) (f) Service. In addition to the service requirements found in MCR 7.104(7)(9), the appellant must also serve the Attorney General. (3) (C) Late Appeal. The appellant may file an application for late appeal if permitted by statute. (1) (2) Manner of Filing. In addition to the requirements of MCR 7.105(B), the application must include: -(b)

9 9 (c) include statements of jurisdiction and venue complying with subrules (C)(2)(b) and (c)(b). (3)-(4) (E)-(H) Rule Appeals From Concealed Weapon Licensing Boards -(C) Procedure in All Other Appeals. (1) Briefs. Unless otherwise ordered, the parties must file briefs complying with MCR (2) Oral Argument. If requested in accord with MCR 7.111(C), the court shall hold oral argument within 14 days after the appellee s brief was filed or due. The court may dispense with oral argument under MCR (3) (E)-(F) Rule Appeals From Agencies not Governed by Another Rule -(B) (C) Application for Leave to Appeal or for Interlocutory Appeal. (1) (2) Manner of Filing. An application must comply with MCR and MCR (B)(2)(b)(ii). An application for interlocutory appeal shall also state why review of the agency s final decision will not be an adequate remedy. (3)-(4) Late Appeal. The appellant may file an application for late appeal if permitted by statute.

10 10 (1) (2) Manner of Filing. In addition to the requirements of MCR 7.105(B), the application must include: -(b) (c) statements of jurisdiction and venue complying with MCR (B)(2)(b)(ii). (3)-(4) (E)-(G) Rule Opinions, Orders, Judgments, and Final Process for Court of Appeals -(E) (F) Execution and Enforcement. (1) Routine Issuance. Unless otherwise ordered by the Court of Appeals or the Supreme Court or as otherwise provided by these rules, (b) the Court of Appeals judgment is effective after the expiration of the time for filing an application for leave to appeal to the Supreme Court, or, if such an application is filed, after the disposition of the case by the Supreme Court; execution on the Court of Appeals judgment is to be obtained or enforcement proceedings had in the trial court or tribunal after the record has been returned (by the clerk under MCR 7.210[I][H] or by the Supreme Court clerk under MCR 7.311[B]) with a certified copy of the court's judgment or, if a record was not transmitted to the Court of Appeals, after the time specified for return of the record had it been transmitted. (2) (G)-(J) Rule Preparation, Filing, and Serving Briefs and Appendixes

11 11 (1)-(2) (3) A brief and appendix must have a suitable cover of heavy paper. The cover page must follow this form: In the Supreme Court Appeal from the [court or tribunal appealed from] [judge or presiding officer] Plaintiff-[Appellant or Appellee], v Docket No. Defendant-[Appellee or Appellant]. Brief on Appeal [Appellant or Appellee] ORAL ARGUMENT [NOT] REQUESTED Attorney for [Plaintiff or Defendant]-[Appellant or Appellee] [Business Address] Appendixes shall be similarly endorsed, but shall be designated as appendixes instead of briefs. The cover of the brief of the appellant must be blue; that of the appellee, red; that of an intervenor or amicus curiae, green; that of any reply brief, gray; that of an appendix, yellow. (B)-(C) Rule Opinions, Orders, and Judgments of Supreme Court -(B) (C) Orders or Judgments Pursuant to Opinions.

12 12 (1) Entry. The clerk shall enter an order or judgment pursuant to an opinion as of the date the opinion is filed with the clerk. (2) Routine Issuance. (b) If a motion for rehearing is not timely filed under MCR 7.313(1) (E)(1), the clerk shall send a certified copy of the order or judgment to the Court of Appeals with its file, and to the court or tribunal which tried the case with its record, not less than 21 days nor more than 28 days after entry of the order or judgment. (3)-(4) Staff Comment: These amendments reflect changes to correct minor technical errors that have occurred in drafting or to respond to recent adopted rule revisions, which occasionally inadvertently create incorrect cross-references in other rules. The staff comment is not an authoritative construction by the Court. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. August 24, 2012 Clerk