December 17, 2003

ADM File No. 2003-64

Amendment of Rules 7.211 and 
7.213 of the Michigan Court Rules
____________________________
     On order of the Court, Rules 7.211 and 7.213 of the Michigan Court Rules are
amended, effective immediately.  MCR 1.201(D).


ICLE Editor's Note:


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

Bold text  indicates new text.




Rule 7.211   Motions in the Court of Appeals

(A) – (B) [Unchanged.]

(C)  Special Motions.  If the record on appeal has not been sent to the Court of 
     Appeals, except as provided in subrule (C)(6), the party making a special motion
shall request the clerk of the trial court or tribunal to send the record to the Court of
Appeals.  A copy of the request must be filed with the motion.

     (1) – (4) [Unchanged.]

     (5)  Motion to Withdraw.  A court-appointed appellate attorney for an indigent 
          appellant may file a motion to withdraw if the attorney determines, after a
conscientious and thorough review of the trial court record, that the appeal is wholly
frivolous.

          (a)  A motion to withdraw is made by filing:

               (i) – (ii)     [Unchanged.]

               [(iii) a notice of hearing under subrule (A)(5)(b);]

               [(iv)]  (iii)   proof that copies of the motion, brief in
support, [notice  
                    of hearing,] and notice that the motion may result in the
conviction or trial court judgment being affirmed were served on the appellant by
certified mail; and
                    
                    [(v)]   (iv)    [Text of former (v) renumbered
but otherwise            unchanged.]

          (b) – (c) [Unchanged.]

     (6) – (8) [Unchanged.]

(D) – (E) [Unchanged.]


Rule 7.213     Calendar Cases

(A)  Pre-Argument Conference in Calendar Cases.

     (1) – (2) [Unchanged.]

     (3)  Any judge who participates in a pre-argument conference or becomes 
          involved in settlement discussions under this rule may not thereafter
consider any aspect of the merits of the case, except that participation in a pre-argument
conference shall not preclude the judge from considering the case pursuant to MCR
7.215[(I)](J).
          
     (4) – (6) [Unchanged.]

(B) – (E) [Unchanged.][]


Staff Comment:  The December 17, 2003, amendments of  MCR 7.211(C)(5)(a)
brought the rule into conformity with the 1998 amendments of subrules (A) and (B), which
eliminated the filing of a notice of hearing, instead specifying the time for a response. 
Subrule (C)(5)(a)(iii) and the "notice of hearing" language in subrule (C)(5)(a)(iv) were
deleted, and former subrules (C)(5)(a)(iv) and (v) were redesignated subrules (C)(5)(a)(iii)
and (iv), respectively.  The December 17, 2003, amendment of MCR 7.213(A)(3) 
conformed that subrule to the May 1, 2003, amendment of MCR 7.215 by changing the
cross-reference from former subrule (I) to subrule (J).

  The staff comment is not an authoritative construction by the Court.