June 18, 2002.
On order of the Court, this is to advise that the Court is considering amendments of Rules 7.203, 7.210, 7.211, 7.215, 7.217, and 7.219 of the Michigan Court Rules. Before determining whether the proposals should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment. The Court welcomes the views of all who wish to address the form or the merits of the proposals or to suggest alternatives. Before adoption or rejection, the proposals will be considered by the Court at a public hearing. Notice of future public hearings will be provided by the Court and posted at www.courts.michigan.gov/supremecourt.
Publication of these proposals does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposals in their present form.
[The present language of MCR 7.203 would be amended as indicated below.]
Rule 7.203 Jurisdiction of the Court of Appeals
(3) The clerk will not accept for filing a motion for
rehearing reconsideration of an order issued by a 3-judge panel that denies a motion for reconsideration filed under subrule (2).
[The present language of MCR 7.210 would be amended as indicated below.]
Rule 7.210 Record on Appeal
(H) Return of Record. After the Court of Appeals disposes of an appeal, the Court of Appeals shall promptly send the original record, together with a certified copy of the opinion, judgment, or order entered by the Court of Appeals
(2) to the clerk of the court or tribunal from which it was received when
(b) there is pending in the Court of Appeals no
(i) timely motion for
[The present language of MCR 7.211 would be amended as indicated below.]
Rule 7.211 Motions in Court of Appeals
Unless a motion for immediate consideration has been filed, t The answer must be filed within
(a) 21 days after the motion is served on the other parties, for a motion to dismiss, to remand, or to affirm;
(b) 35 days after the motion is served on the appellee, if the motion is for peremptory reversal;
(c) 56 days after the motion is served on the defendant, for a motion to withdraw as the appointed appellate attorney;
(d) 14 days after the motion is served on the other parties, for a motion for
rehearing reconsideration of an opinion or an order;
(e) 7 days after the motion is served on the other parties, for all other motions.
If a motion for immediate consideration has been filed, the answer must be filed
before the notice date, if any, within the time stated above, or as directed by the Court of Appeals. See subrule (C)(6).
[The present language of MCR 7.215 would be amended as indicated below.]
Rule 7.215 Opinions, Orders, Judgments, and Final Process from Court of Appeals
(H) Certain Dispositive Orders and Opinions in Criminal Cases; Expedited Notice to Prosecutor and Others.
(1) In a criminal case, if the prosecuting attorney files a notice of a victim's request for information and proof that copies of the notice were served on the other parties to the appeal, then, coincident with issuing an order or opinion that reverses a conviction, vacates a sentence, remands a case to the trial court for a new trial, or denies the prosecuting attorney's appeal, the clerk of the court must electronically transmit a copy of the order or opinion to the prosecuting attorney at a facsimile number or electronic mail address provided by the prosecuting attorney in the notice.
(2) If the prosecuting attorney has filed the notice described in subsection (1), any other party to the appeal who thereafter files a similar notice is entitled to receive a copy of the order or opinion by similarly expedited means.
H I) Rehearings Reconsideration.
(1) A motion for
rehearing reconsideration may be filed within 21 days after the date of the order or the date stamped on an opinion. The motion shall include all facts, arguments, and citations to authorities in a single document and shall not exceed 10 double-spaced pages. A copy of the order or opinion of which rehearing reconsideration is sought must be included with the motion. Motions for rehearing reconsideration are subject to the restrictions contained in MCR 2.119(F)(3).
(2) A party may answer a motion for
rehearing reconsideration within 14 days after the motion is served on the party. An answer to a motion for rehearing reconsideration shall be a single document and shall not exceed 7 double-spaced pages.
(3) The clerk will not accept for filing a motion for
rehearing reconsideration of an order denying a motion for rehearing reconsideration.
(4) The clerk will not accept for filing a late motion for reconsideration.
I J) Resolution of Conflicts in Court of Appeals Decisions.
Rehearing Reconsideration; Appeal. There is no appeal from the decision of the Court of Appeals as to whether to convene a special panel. As to the decision in the case at bar, the time limits for moving for rehearing reconsideration or for filing an application for leave to appeal to the Supreme Court run from the date of the order declining to convene a special panel or, if a special panel is convened, from the date of the decision of the special panel, except that, if the case is returned to the original panel for further consideration in accordance with subrule (5), the time limits shall run from the date of the original panel's decision, after return from the special panel. If a motion for rehearing reconsideration is filed, it shall be submitted to the special panel, which, if appropriate, may refer some or all of the issues presented to the original panel.
[The present language of MCR 7.217 would be amended as indicated below.]
Rule 7.217 Involuntary Dismissal of Cases
(D) Reinstatement. Within
56 21 days after the date of the clerk's notice of dismissal pursuant to this rule, the appellant or plaintiff may seek relief from dismissal by showing mistake, inadvertence, or excusable neglect.
[The present language of MCR 7.219 would be amended as indicated below.]
Rule 7.219 Taxation of Costs; Fees
(B) Time for Filing. Within 28 days after the dispositive order, opinion, or order denying
rehearing reconsideration is mailed, the prevailing party may file a certified or verified bill of costs with the clerk and serve a copy on all other parties. Each item claimed in the bill must be specified. Failure to file a bill of costs within the time prescribed waives the right to costs.
Staff Comment: The Court of Appeals proposed these amendments to MCR 7.203, 7.210, 7.211, 7.215, 7.217, and 7.219. The proposal has four discrete components.
First, the proposed changes in MCR 7.211(B) would clarify the deadline for answering motions when someone has filed a motion for immediate consideration of an underlying motion.
Second, proposed new MCR 7.215(H) would detail how the Court of Appeals will carry out duties assigned to it by the 2000 PA 503 amendments of the Crime Victims Rights Act, MCL 780.751 et seq. See MCL 780.768a(d), MCL 780.796(1)(d) and MCL 780.828(1)(d).
Third, the proposed amendment of MCR 7.217(D) would reduce from 56 to 21 days the time for seeking relief from an involuntary dismissal of an appeal by the Court of Appeals.
Finally, minor changes throughout these rules would change the title of a motion for "rehearing" to "reconsideration." That will allow a single type of motion to cover all dispositions, regardless of whether the disposition was preceded by a hearing. A related proposal would add a new MCR 7.215(I)(4) stating that the Court of Appeals clerk may not accept an untimely motion for reconsideration.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction 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 in writing or electronically by October 1, 2002, P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@jud.state.mi.us. When filing a comment, please refer to file 2001-48.