COURT RULES UPDATE

BY PETER KULAS-DOMINGUEZ (KENT)

The following are pending proposed changes to Michigan Court Rules:
 
ADM File No. 2023-34: Proposed Amendment of MCR 3.967 

This proposed amendment of MCR 3.967 would align the rule with MCL 712B.15, as amended in 2016, to clarify the applicability of qualified expert witness testimony in a removal hearing involving an Indian child. This ADM was issued on January 24, 2024, and the comment period expires May 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/48fbb2/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2023-34_2024-01-24_formor_propamd3.967.pdf
 
ADM File No. 2023-36: Proposed Amendments of MCR 3.937, 3.950, 3.955, 3.993, and 6.931 

The proposed amendments of MCR 3.937, 3.950, 3.955, 3.993, and 6.931 would implement 2023 PA 299 and incorporate additional changes from the SADO/MAACS Youth Defense Project regarding requests for and appointment of appellate counsel in cases involving juveniles. This ADM was issued on January 24, 2024, and the comment period expires May 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/48fcab/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2023-36_2024-01-24_formor_propamdmcr3.937.pdf

ADM File No. 2023-36: Proposed Amendments of MCR 3.901, 3.915, 3.916, 3.922, 3.932, 3.933, 3.935, 3.943, 3.944, 3.950, 3.952, 3.955, 3.977, and 6.931 and Proposed Addition of MCR 3.907
 
The proposed amendments would implement the Justice for Kids and Communities legislation and align with recommendations of the Michigan Task Force on Juvenile Justice Reform. This ADM was issued on January 24, 2024, and the comment period expires May 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/48fbdd/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2023-36_2023-01-24_formor_propamdjjtf.pdf
 
ADM File 2023-05: Proposed Amendment of MCR 3.613
 
This proposed amendment of MCR 3.613 incorporates the amendment of MCR 3.613 (ADM File 2021-21), which is effective July 01, 2023.  The proposed amendment in this file would add a new subrule (H) and 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. This ADM was issued on
May 24, 2023, an Order was issued November 29, 2023, and this amendment became effective January 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/49b9c2/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2023-05_2023-05-24_formor_propamdmcr3.613.pdf
 
ADM File 2022-14: Proposed Amendment of MCR 2.311
 
This proposed amendment would allow a mental examination to be recorded by video or audio under certain circumstances. This ADM was issued on April 20, 2023, the comment period expired August 1, 2023, and there was a public hearing on November 15, 2023. An Order was issued on November 15, 2023, that amended MCR 2.311 with an effective date of January 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/4ac4cc/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/adopted-orders/2022-14_2023-11-15_formor_amdmcr2.311.pdf
 
ADM File 2022-11: Amendments of MCR 2.511 and 6.412
 
These amendments to MCR 2.511(C) and 6.412(C) would require the court to allow the attorneys or parties to conduct voir dire in civil and criminal proceedings if the court examines the prospective jurors. This ADM was issued on April 20, 2023, the comment period expired August 1, 2023, and there was a public hearing on September 20, 2023. An Order was issued on September 20, 2023, that amended MCR 2.511 and 6.412 with an effective date of January 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/4a6f90/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/adopted-orders/2022-11_2023-09-20_formor_amdmcr2.511-6.412.pdf
 
ADM File 2017-28: Proposed Amendments of MCR 1.109, 5.302, and 8.108
 
These proposed amendments would provide clear direction on the process for protecting personal identifying information in transcripts, wills, and death certificates. This ADM was issued on November 15, 2023, and became effective January 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/49c301/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2017-28_2023-06-07_formor_propamdtmcr1.109.pdf
 
ADM file 2022-30: Proposed Amendments of MRE 702 and 804
 
These amendments address the required showings for the proponent of an expert witness’ testimony and statements against interest that expose a declarant to criminal liability. This ADM was issued on October 25, 2023, and the comment period expires February 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/4aa645/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2022-30_2023-10-25_formor_propamdmre702-804.pdf
 
ADM File 2021-10: Proposed Amendment of the Michigan Rules of Evidence
 
These proposed amendments 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 September 20, 2023, and became effective January 1, 2024.
 
The relevant proposed changes can be found via this link:
https://www.courts.michigan.gov/49581e/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/proposed-orders/2021-10_2023-03-22_formor_propmre.pdf
 
UPDATED 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 are 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. On September 27, 2023, a fifteen (15) page Order was issued and it can be found via this link:
https://www.courts.michigan.gov/4a7fcd/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/adopted-orders/2022-03_2023-09-27_formor_amdmcr1.109.pdf