Proposed Amendment of MCR 2.402

Supreme Court of MichiganDec 9, 1997
456 Mich. 1207 (Mich. 1997)

Order Entered December 9, 1997.


On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.402 (B) of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives.

As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.

[The present language would be amended as indicated below:]

RULE 2.402. USE OF COMMUNICATION EQUIPMENT.

(A) [Unchanged.]

VERSION 1

(B) Use. A court may, on its own initiative or on the written request of a party, direct that communication equipment be used for a motion hearing, pretrial conference, or status conference. The court must give notice to the parties before directing on its own initiative that communication equipment be used. A party's written request must be made at least 7 days before the day on which the communication equipment is sought to be used, and a copy must be served on the other parties. The court may, with the consent of all parties for good cause, direct that the testimony of a witness be taken through communication equipment. A verbatim record of the proceeding must still be made.

VERSION 2

(B) Use. A court may, on its own initiative or on the written request of a party, direct that communication equipment be used for a motion hearing, pretrial conference, or status conference. The court must give notice to the parties before directing on its own initiative that communication equipment be used. A party's written request must be made at least 7 days before the day on which the communication equipment is sought to be used, and a copy must be served on the other parties. The court may, with the consent of all parties or for good cause, direct that the testimony of a witness be taken through communication equipment. A verbatim record of the proceeding must still be made.

(C) [Unchanged.]
Staff Comment: The Michigan Judges Association has recommended the amendment of MCR 2.402 (B) indicated in Version 1. Where the present rule allows a court to arrange for a witness to testify through communication equipment, if all parties consent, the amendment would, instead, allow this "for good cause." Version 2 would allow the court to utilize such a procedure in either event.

The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.

|------------------------------------------------------| | Publication of this proposal does not mean that the | | Court will issue an order on the subject, nor does | | it imply probable adoption in its present form. | | Timely comments will be substantively considered and | | your assistance is appreciated by the Court. | |------------------------------------------------------|

A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file number 9744.