February 4, 2003



1998-50 
1999-55

Amendments of Rule 1101 of 
the Michigan Rules of Evidence
and Rules 3.701, 3.708, 3.709, 
3.800, 5.125, and 5.151 of  
the Michigan Court Rules
__________________________


     On December 18, 2001, the Court entered an order amending former Rules 5.750-5.756
and 5.781-5.783 of the Michigan Court Rules, and renumbering them as MCR 3.800-3.806 and
3.613-3.615, respectively, in light of the transfer of jurisdiction of certain actions from the
probate court to the family division of the circuit court.  See MCL 600.1001 et seq.  In addition,
concurrently with the entry of this order, the Court is adopting new subchapter 3.900 of the
Michigan Court Rules, deleting subchapter 5.900, and amending the rules in subchapter 6.900,
all regarding proceedings involving juveniles, to be effective May 1, 2003.  Those amendments
necessitate changes in other Michigan Court Rules and the Michigan Rules of Evidence.  
Accordingly, the following amendments of Rule 1101 of the Michigan Rules of Evidence and
Rules 3.701, 3.708, 3.709, 3.800, 5.125, and 5.151 of  the Michigan Court Rules are adopted, to
be effective May 1, 2003.  These amendments are adopted without publication for comment
because they are technical changes that do not significantly affect the delivery of justice.  MCR
1.201(D).

     [The Notes following each rule are published only for the benefit of the 
       bench and bar and are not authoritative constructions by the Court.]     

ICLE Editor's Note:


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

Bold text  indicates new text.




             AMENDMENT OF MICHIGAN RULES OF EVIDENCE

Rule 1101      Applicability

(a)  [Unchanged.] 

(b)  Rules inapplicable.  The rules other than those with respect to privileges do not apply in
the following situations and proceedings:

     (1)-(6)  [Unchanged.]    

     (7)  Proceedings involving juveniles [Juvenile court proceedings]. 
Proceedings in the [juvenile] family division of the [probate]
circuit court wherever MCR [S]subchapter 3.900
[5.900] states that the Michigan Rules of Evidence do not apply.

     (8)  [Unchanged.] 


          Note:     The amendment of MRE 1101(7) changes the references to the
     subchapter governing juvenile proceedings.


                AMENDMENTS OF MICHIGAN COURT RULES

Rule 3.701  Applicability of Rules; Forms

(A)  Scope.  Except as provided by this subchapter [of rules] and the provisions of
MCL 600.2950 and 600.2950a, actions for personal protection for relief against domestic
violence or stalking are governed by the Michigan Court Rules.  Procedure related to personal
protection orders against adults is governed by this subchapter.  Procedure related to personal
protection orders against minors is governed by subchapter 3.900 [5.900],
except as [noted] provided in MCR [5]3.981.

(B)  [Unchanged.] 


          Note:     The amendment of MCR 3.301(A) changes the cross-reference to
     the subchapter governing juvenile proceedings.


Rule 3.708  Contempt Proceedings for Violation of Personal Protection Orders

(A)  In General.

     (1)  [Unchanged.] 

     (2)  Proceedings to enforce a minor personal protection order where the respondent is
under 18 are governed by subchapter 3.900 [5.900].  Proceedings to enforce a
personal protection order issued against an adult, or to enforce a minor personal protection order
still in effect when the respondent is 18 or older, are governed by this rule.

(B) - (H) [Unchanged.]


          Note:     The amendment of MCR 3.708(A)(2) changes the cross-reference
     to the subchapter governing juvenile proceedings.


Rule 3.709  Appeals

(A)  Rules Applicable.  Except as provided by this rule, appeals involving personal protection
order matters must comply with subchapter 7.200.  Appeals involving minor personal protection
actions under the Juvenile Code must additionally comply with MCR [5]3.993.

(B) - (C) [Unchanged.] 


          Note:     The amendment of MCR 3.709(A) changes the cross-reference to
     the subchapter governing juvenile proceedings.


Subchapter 3.800 Adoption

Rule 3.800 Applicable Rules

(A)    Generally.  Except as modified by MCR 3.801-3.806, adoption proceedings
are governed by the rules generally applicable to civil proceedings.

(B)    Interested Parties.  The persons interested in various adoption proceedings are as
provided by MCL 710.24a, except that the interested persons in a petition to terminate the rights
of the noncustodial parent pursuant to MCL 710.51(6) are:

          (a)  the petitioner;

          (b)  the adoptee, if over 14 years of age; and

          (c)  the noncustodial parent.


          Note:     The amendment of MCR 3.800 moves the provision regarding the
     interested parties in adoption proceedings from MCR 5.125(C)(32) and
     makes nonsubstantive language changes. 


Rule 5.125  Interested Persons Defined 

(A) - (B) [Unchanged.] 

(C)  Specific Proceedings.  Subject to subrules (A) and (B) and MCR 5.105(E), the following
provisions apply.  When a single petition requests multiple forms of relief, the petitioner must
give notice to all persons interested in each type of relief:

     (1) - (28) [Unchanged.] 

     [(29)]  [The persons interested in a petition for treatment of infectious disease
are ]

          [(a)]   [the petitioner and ]

          [(b)]   [the respondent.]

     (29) - (30)    [Formerly (30)-(31),  redesignated, but otherwise unchanged.] 


     [(32)]  [The persons interested in various adoption proceedings are as found at
MCL 710.24a except as follows:]
          [Petition to terminate rights of a noncustodial parent.  The interested persons
in a petition to terminate the rights of the noncustodial parent pursuant to MCL 710.51(6)
are:]

          [(a)]   [the petitioner;]

          [(b)]   [the adoptee, if over 14 years of age; and]

          [(c)]   [the noncustodial parent.]

     (31) [Formerly (33), redesignated, but otherwise unchanged.]

(D) - (E) [Unchanged.]   


          Note:     The amendments of MCR 5.125(C) delete provisions listing
     interested parties in petitions for treatment of infectious disease and
     adoption proceedings, which are now within the jurisdiction of the
     family division of the circuit court.  The substance of those provisions
     is included in  MCR 3.615 and 3.800.


Rule 5.151  Jury Trial, Applicable Rules

Jury trials in probate proceedings shall be governed by MCR 2.508 through 2.516 except as
modified by this subchapter or MCR 5.740 for mental health proceedings [and MCR 5.911
for juvenile proceedings].


          Note:     The amendment of MCR 5.151 deletes the reference to Juvenile
     proceedings, which are no longer within the jurisdiction of the probate
     court.

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