Hearing planned on proposed court rule changes

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, November 15 regarding proposed changes to  rules that affect courts across the state.

The hearing will begin promptly at 9:30 a.m. Speakers will be allotted three minutes each to present their views on each agenda item for which the person registered, after which the speakers may be questioned by the Justices.

Speakers may appear by video conference (Zoom); attendees who are not speaking may view the livestream on the Court’s YouTube channel.

Speakers will receive an invitation to participate in the Zoom meeting and must turn on their camera in order to participate in the hearing. Speakers will join the video conference meeting no later than 9:30 a.m. and will be called on by the chief justice.  

The court reminds speakers that their comments must pertain directly to an item on the public hearing agenda.

Registration is required online no later than Friday, November 10.

Those unable to register online may e-mail or call the Office of Administrative Counsel at ADMComment@courts.mi.gov or 517-373-1239.

The administrative matters on this hearing’s agenda are:

1. 2017-28 Proposed Amendments of MCR 1.109, 5.302, and 8.108
Published at 511 Mich ___ (2023)
Issue: Whether to adopt the proposed amendments of MCR 1.109, 5.302, and 8.108 that would provide clear direction on the process for protecting personal identifying information in transcripts, wills and death certificates.

2. 2022-14 Proposed Amendment of MCR 2.311
Published at 511 Mich 1264 (2023)
Issue: Whether to adopt the proposed amendment of MCR 2.311 that would allow a mental examination to be recorded by video or audio under certain circumstances.

3. 2022-26 Proposed Amendment of MCR 6.425
Published at 511 Mich 1265 (2023)
Issue: Whether to adopt the proposed amendment of MCR 6.425 that would require a trial court, on the record before sentencing, to personally address the defendant regarding his or her allocution rights and to address any victim who is present and allow the victim to be reasonably heard.

4. 2022-34 Proposed Amendments of MCR 3.993 and 6.428
Published at 511 Mich ___ (2023)
Issue: Whether to adopt the proposed amendments of MCR 3.993 and 6.428 that would provide for the restoration of appellate rights in juvenile cases and would ask parties to provide the Court of Appeals with a copy of the order when filing the appeal.

5. 2023-05 Proposed Amendment of MCR 3.613
Published at 511 Mich ___ (2023)
Issue: Whether to adopt the proposed amendment of MCR 3.613 that would require a court to pay the costs of publication in a name change proceeding if fees are waived under MCR 2.002, publication is required by law, and publication has not been waived under MCR 3.613

6. 2023-08 Amendment of MCR 7.202
Published at 511 Mich ___ (2023)
Issue: Whether to retain the amendment of MCR 7.202 that includes in the definition of “final judgment” or “final order” postjudgment orders deciding a claim for remaining proceeds under MCL 211.78t.

7. 2023-24 Proposed Amendment of MCR 3.701 and Proposed Additions of MCR 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722
Published at 512 Mich ___ (2023)
Issue: Whether to adopt the proposed amendment of MCR 3.701 and proposed additions of MCR 3.715, 3.716, 3.717, 3.718, 3.719, 3.720, 3.721, and 3.722 that would offer procedural guidance to trial courts for implementing the Extreme Risk Protection Order Act.