January 13, 2004


ADM File No. 2003-57

Amendment of Rule 3.217 
of the Michigan Court Rules
                      

                       AMENDMENT TO ORDER

     On order of the Court, Rule 3.217 is amended, effective immediately, to correct a
clerical error in the order of December 23, 2003.  That order, which deleted former
subrule (B) and redesignated former subrules (C) through (E), failed to correct the cross-
references in former subrule (D).  That provision, which is now subrule (C) is therefore
amended to read as follows:

(C)  Advice Regarding Right to an Attorney

     (1)  The summons issued under MCL 722.714 must include a form advising the
          alleged father of the right to an attorney as described in subrule (C)(2), and 
          the procedure for requesting the appointment of an attorney.  The form 
          must be served with the summons and the complaint, and the proof of 
          service must so indicate.
               
     (2)  If the alleged father appears in court following the issuance of a summons 
          under MCL 722.714, the court must personally advise him that he is 
          entitled to the assistance of an attorney, and that the court will appoint an 
          attorney at public expense, at his request, if he is financially unable to 
          retain an attorney of his choice.

     (3)  If the alleged father indicates that he wants to proceed without an attorney, 
          the record must affirmatively show that he was given the advice required 
          by subrule (C)(2) and that he waived the right to counsel.

     (4)  If the alleged father does not appear in court following the issuance of a 
          summons under MCL 722.714, subrule (C)(3) does not apply.