April 3, 2001



00-15


Amendment of Rule 3.210
and Proposed Amendment
of Rule 2.119 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 amendment of Rule
3.210 of the Michigan Court Rules is adopted, to be effective
July 1, 2001.  The Court declines to adopt the proposed
amendment of Rule 2.119, which was published at 463 Mich 1202
(No. 2, 2000).

      [The present language is amended as indicated below.]

ICLE Editor's Note:


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

Bold text  indicates new text.



Rule 3.210     Hearings and Trials

(A) - (B)      [Unchanged.]

(C)  Custody of a Minor.

     (1) - (6)      [Unchanged.]

     (7)     In deciding whether an evidentiary hearing
is necessary with regard to a postjudgment motion to change
custody, the court must determine, by requiring an offer of
proof or otherwise, whether there are contested factual issues
that must be resolved in order for the court to make an informed
decision on the motion.

(D)    [Unchanged.]

          Staff Comment:  The April 3, 2001 amendment of
Rule 3.210, effective July 1, 2001, was based on a
recommendation from the Michigan Judges Association and made
clear that, in deciding whether an evidentiary hearing is
necessary, the court must first determine whether there are
contested factual issues that must be resolved in order to make
an informed decision.

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