December 21, 2005
  
  
  ADM File No. 2004-22
  
  Amendments of 
  Rules 7.203 and 7.209 
  of the Michigan Court Rules
                        
  
   On order of the Court, the following corrections of Rules 7.203 and 7.209
  of the Michigan Court Rules are made, effective January 1, 2006.
  
                

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

                              
  
  Rule 7.203     Jurisdiction of the Court of Appeals
  
       (A)  Appeal of Right. The court has jurisdiction of an appeal of right filed by an
       aggrieved party from the following:
  
            (1)  A final judgment or final order of the circuit court, or court of
            claims, as defined in MCR 7.202[(7)](6), except a
            judgment or order of the circuit court
            
                 (a)  on appeal from any other court or tribunal;
                 
                 (b)  in a criminal case in which the conviction is based on a plea
                 of guilty or nolo contendere;
                 
            An appeal from an order described in MCR
       7.202[(7)](6)(a)(iii)-(v) is limited to the portion of the
       order with respect to which there is an appeal of right.
       
            (2)  A judgment or order of a court or tribunal from which appeal of
            right to the Court of Appeals has been established by law or court
            rule;
            
  (B)-(G) [Unchanged.]
  
  Rule 7.209     Bond; Stay of Proceedings
  
  (A)-(D) [Unchanged.]
  
       (E)  Stay of Proceedings by Trial Court.
       
            (1)  Except as otherwise provided by law or rule, the trial court may
            order a stay of proceedings, with or without a bond as justice
            requires.
            
                 (a)  When the stay is sought before an appeal is filed and a bond
                 is required, the party seeking the stay shall file a bond, with
                 the party in whose favor the judgment or order was entered as
                 the obligee, by which the party promises to
                 
                      (i)  perform and satisfy the judgment or order stayed if it is
                      not set aside or reversed; and
                      
                      (ii) prosecute to completion any appeal subsequently taken
                      from the judgment or order stayed and perform and
                      satisfy the judgment or order entered by the Court of
                      Appeals or Supreme Court.
                      
                 (b)  If a stay is sought after an appeal is filed, any bond must meet
                 the requirements set forth in subrule 7.209(F).
                 
            (2)  If a stay bond filed under this subrule substantially meets the
            requirements of subrule (F), it will be a sufficient bond to stay
            proceedings pending disposition of an appeal subsequently filed.
            
            (3)  The stay order must conform to any condition expressly required by
            the statute authorizing review.
            
            (4)  If a government party files a claim of appeal from an order described
            in MCR 7.202[(7)](6)(a)(v), the trial court shall
            stay proceedings regarding that party during the pendency of the
            appeal, unless the Court of Appeals directs otherwise.
            
  (F)-(I) [Unchanged.]
       
       Staff Comment:  The amendments of MCR 7.203(A) and 7.209(D),
  effective January 1, 2006, recognize numbering changes in MCR 7.202.