COURT RULES UPDATE

BY PETER KULAS-DOMINGUEZ (KENT)

The following are pending proposed changes to the Michigan Court Rules:

ADM File 2022-03: Proposed Amendment of MCR 1.109
This ADM file would allow parties and attorneys to identify their personal pronouns and would require courts to use those pronouns both verbally and in writing, unless doing so would result in an unclear record. This ADM was issued January 18, 2023 and the comment period expired May 1, 2023.

The public comment period lasted for 103 days and while most proposed court rules receive single-digit comments, this proposed rule received 433 comments during the allotted period, another 11 comments were entered after the deadline, totaling 444 comments as of August 31, 2023.

​The proposed rule presented in full is as follows:

Parties and attorneys may also include any personal pronouns in the name section of the caption, and courts are required to use those personal pronouns when referring to or identifying the party or attorney, either verbally or in writing. Nothing in this subrule prohibits the court from using the individual’s name or other respectful means of addressing the individual if doing so will help ensure a clear record.

A public hearing was held on June 7, 2023.

ADM File 2021-10: Proposed Amendment of the Michigan Rules of Evidence
The Proposed amendment would restyle the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence. This ADM was issued on March 22, 2203 and the comment period expired July 1, 2023.

The relevant proposed changes can be found here.

ADM File No. 2022-13: Proposed Amendment of MCR 9.123
​The proposed amendment would clarify that a disbarred attorney who was sentenced to incarceration following a felony conviction and who wants to be reinstated to the bar must wait until six months after completing the sentence. This ADM was issued on January 18, 2023 and the comment period expired on May 1, 2023.

The relevant proposed changes can be found here.

ADM File No. 2021-30: Proposed Amendments of MCR 9.220, 9.221, 9.223, 9.232, and 9.261
The proposed amendment would provide for grievant confidentiality in Judicial Tenure Commission investigations. This ADM was issued on January 18, 2023 and the comment period expired on May 1, 2023.

The relevant proposed changes can be found here.

ADM File No. 2020-31: Proposed Amendment of MRPC 1.8
The Proposed amendment would allow attorneys to provide certain assistance to indigent clients they are serving on a pro bono basis. This ADM was issued on March 22, 2023 3/22/23 and the comment period expired July 1, 2023.

The relevant proposed changes can be found here.

ADM File No. 2022-14: Proposed Amendment of MCR 2.311
The proposed amendment would allow a mental examination to be recorded by video or audio under certain circumstances. This ADM was issued April 20, 2023 and the comment period expired August 1, 2023.

The relevant proposed changes can be found here.
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ADM File No. 2022-19: Proposed Amendment of MRPC 1.15 and 1.15A and Proposed Additions of MRPC 1.15B and 1.15C 2.311

The proposed amendment would amend the rules governing IOLTA accounts to modernize the rules, address gaps in the existing rules, and clarify attorneys’ ethical duties related to safekeeping client or third-party property and managing trust accounts. This ADM was issued September 13, 2023 and the comment period will expire on January 1, 2024.

The relevant proposed changes can be found here.

ADM File No. 2017-28: Proposed Amendment of MCR 31.109, 5.302, and 8.108
The proposed amendment would provide clear direction on the process for protecting personal identifying information in transcripts, wills, and death certificates. This ADM was issued June 7, 2023 and the comment period will expire on October 1, 2023.

The relevant proposed changes can be found here.

ADM File No. 2022-34: Proposed Amendment of MCR 3.993 and 6.428
The proposed amendment would provide for the restoration of appellate rights in juvenile cases and would ask parties to provide the Michigan Court of Appeals with a copy of the order when filing the appeal. This ADM was issued June 28, 2023 and the comment period will expire on October 1, 2023.

The relevant proposed changes can be found here.