December 30, 2003


ADM File No. 2002-13


Amendment of Rule 3.210
of the Michigan Court Rules
                      
     On order of the Court, notice of a proposed amendment of Rule 3.210 of the
Michigan Court Rules was published for comment at 467 Mich 1229-1230 (2003), and
the matter was on the agenda of the public hearing held at the Michigan Hall of Justice
on June 19, 2003.  Consideration having been given to the comments received, the
following amendment of Rule 3.210 is adopted, effective May 1, 2004. 



ICLE Editor's Note:


[Italicized, bracketed text] indicates text that has been deleted.

Bold text  indicates new text.




Rule 3.210     Hearings and Trials

(A) - (B) [Unchanged.]

(C)  Custody of a Minor.

     (1) - (4) [Unchanged.]

     (5)     The court may interview the child privately to determine if the
child is of sufficient age to express a preference regarding custody, and, if so, the
reasonable preference of the child.  The court shall focus the interview on these
determinations, and the information received shall be applied only to the reasonable
preference factor. 

     (5) - (7) [Renumbered (6) - (8), but otherwise unchanged.]

(D)  [Unchanged.]


     Staff Comment: Coincident with its order of partial affirmance and
remand in Molloy v Molloy, 466 Mich 852 (2002), the Supreme Court opened an
administrative file to examine the extent to which, and the procedures by which, in
camera testimony may be taken from children in custody cases.  The adoption of subrule
(C)(5) on December 30, 2003, effective May 1, 2004, clarified that the interview is to
focus on the child's custodial preference and that the information received may be
applied only to that factor.   The staff comment is not an authoritative construction by the
Court.