February 3, 2004

ADM File No. 2000-29

Amendment of Rules 
7.202, 7.204, 7.205, and 7.212
of the Michigan Court Rules
                      

     On order of the Court, notice of the proposed changes and an opportunity for
comment in writing and at a public hearing having been provided, and consideration
having been given to the comments received, the following amendments of Rules 7.202,
7.204, 7.205, and 7.212 of the Michigan Court Rules are adopted, effective May 1, 2004.

                  

ICLE Editor's Note:
                                
                                
[Italicized, bracketed text] indicates text that has been deleted.
                                
             Bold text  indicates new text.
                            

                                
                                
Rule 7.202     Definitions
For purposes of this subchapter:
     (1) – (2) [Unchanged.]
     [(3)]   ["entry" means the placing of an order, judgment, or other
document into the file and records of a lower court or the Court of Appeals by the
clerk;]
     (4) – (7) [Renumbered (3)-(6) but otherwise unchanged.]
     
Rule 7.204     Filing Appeal of Right; Appearance
(A)  Time Requirements. The time limit for an appeal of right is jurisdictional.  See
MCR 7.203(A). The provisions of MCR 1.108 regarding computation of time apply.
For purposes of subrules (A)(1) and (A)(2), "entry" means the date a judgment or
order is signed, or the date that data entry of the judgment or order is accomplished in the
issuing tribunal's register of actions.
     (1) – (2) [Unchanged.]   
     (3)     Where service of the judgment or order on appellant was
delayed beyond the time stated in MCR 2.602, the claim of appeal must be accompanied
by an affidavit setting forth facts showing that the service was beyond the time stated in
MCR 2.602.  Appellee may file an opposing affidavit within 14 days after being served
with the claim of appeal and affidavit.  If the Court of Appeals finds that service of the
judgment or order was delayed beyond the time stated in MCR 2.602 and the claim of
appeal was filed within 14 days after service of the judgment or order, the claim of
appeal will be deemed timely.
(B) – (G) [Unchanged.]
(H)  Docketing Statement. In all civil appeals, within 28 days after the claim of appeal
is filed, the appellant must file two copies of a docketing statement with the clerk of the
Court of Appeals and serve a copy on the opposing parties.
     (1)  Contents.  The docketing statement must contain the information required
from time to time by the Court of Appeals through the office of the Chief Clerk on forms
provided by the Clerk's office and must set forth:
          (a)  [Unchanged.]
          (b)  the date of entry of the judgment or order sought to be
reviewed as defined in MCR 7.204(A) or MCR 7.205(A), and whether the
appeal was timely filed and is within the court's jurisdiction.
          (c) – (e) [Unchanged.]
     (2) – (4) [Unchanged.]
          
Rule 7.205     Application for Leave to Appeal

(A)  Time Requirements:  An application for leave to appeal must be filed within 21 days
after entry of the judgment or order to be appealed from or within other time as allowed by
law or rule. For purposes of this rule, "entry" means the date a judgment or order is
signed, or the date that data entry of the judgment or order is accomplished in the issuing
tribunal's register of actions.
          
(B) –(G)  [Unchanged.]
          

Rule 7.212  Briefs

(A) – (B) [Unchanged.]

(C)  Appellant's Brief; Contents.  The appellant's brief must contain, in the following
order:
     
     (1) – (3) [Unchanged.]
     
     (4)  A statement of the basis of jurisdiction of the Court of Appeals.
          
          (a)  The statement concerning appellate jurisdiction must identify the
statute, court rule, or court decision believed to confer jurisdiction on the Court of Appeals,
and the following information:
          
               (i)  the date of signing [entry] the judgment or order
[sought to be reviewed ], or the date of data entry of the judgment or order in
the issuing tribunal's register of actions, as applicable to confer jurisdiction on the Court of
Appeals under MCR 7.204 or MCR 7.205.
               
               (ii) – (iv)    [Unchanged.]
               
          (b)  [Unchanged.]
          
     (5) – (9) [Unchanged.]
     
(D) – (I) [Unchanged.]

     Staff Comment:  The February 3, 2004, amendment of MCR 7.202, 7.204,
7.205, and 7.212, effective May 1, 2004, was adopted on the basis of a recommendation
from a work group appointed by the Court of Appeals.  The amendments clarify the
definition of "entry" of an order for jurisdictional purposes at the Court of Appeals.

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