June 2, 1998



97-44



Amendment of Rule 2.402
of the Michigan Court Rules
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          On order of the Court, notice of proposed changes and
an opportunity for comment at a public hearing having been
provided, and consideration having been given to the comments
received, the following amendment of Rule 2.402 of the Michigan
Court Rules is adopted to be effective September 1, 1998.

[The present language is amended as indicated below.]

ICLE Editor's Note:

Rule 2.402          Use of Communication Equipment

(A)       [Unchanged.]

(B)  Use.  A court may, on its own initiative or on the written
     request of a party, direct that communication equipment be
     used for a motion hearing, pretrial conference, or status
     conference.  The court must give notice to the parties
     before directing on its own initiative that communication
     equipment be used.  A party's written request must be made
     at least 7 days before the day on which the communication
     equipment is sought to be used, and a copy must be served on
     the other parties.  The court may, with the consent of all
     parties or for good cause, direct that the testimony
     of a witness be taken through communication equipment.  A
     verbatim record of the proceeding must still be made.

(C)       [Unchanged.]

          Staff Comment:  The June 1998 amendment of MCR
2.402(B), effective September 1, 1998, was suggested by the
Michigan Judges Association.  The amendment permits a court to
arrange for a witness to testify through communication equipment
"for good cause," as well as if all parties consent.

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.