June 1, 2001
[corrected July 13, 2001]


00-23

Amendment of Rules 3.701, 3.702,
3.703, 3.704, 3.706, 3.707, and
3.708 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 3.701,
3.702, 3.703, 3.704, 3.706, 3.707, and 3.708 of the Michigan
Court Rules are adopted, to be effective September 1, 2001.

     [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 3.701 Applicability of Rules; Forms

     (A)  Scope.  Except as provided by this subchapter of rules and
     the provisions of MCL 600.2950[; MSA 27A.2950] and
     [MCL] 600.2950a[; MSA 27A.2950 (1)], 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 5.900, except as noted in MCR 5.981.

     (B)  [Unchanged]

Rule 3.702  Definitions

When used in this subchapter, unless the context otherwise
indicates:

(1)  "personal protection order" means a protection order as
     described under MCL 600.2950[; MSA 27A.2950] and
     [MCL] 600.2950a[; MSA 27A.2950 (1)];

(2)  "petition" refers to a pleading for commencing an
independent action for personal protection and is not
considered a motion as defined in MCR 2.119;

(3) - (6) [Unchanged.]

(7)  "minor personal protection order" means a personal
     protection order issued by a court against a minor and under
     jurisdiction granted by MCL 712A.2(h)[; MSA
     27.3178(598.2) (h)].

Rule 3.703  Commencing a Personal Protection [Proceeding]
Action

(A)  Filing.  A personal protection [proceeding]
action is an independent action commenced by filing
a petition with a court.  There are no fees for filing a personal
protection [order] action and no summons is issued.
A personal protection action may not be commenced by filing a
motion in an existing case or by joining a claim to an
action.

(B) - (E) [Unchanged.]

(F)  Minor or Legally Incapacitated[ Person]
Individual as Petitioner.

     (1)  If the petitioner is a minor [under 17 years
of age] or a legally incapacitated [person]
individual, the petitioner [may] shall
proceed through a next friend.  The petitioner shall certify that
the next friend is not disqualified by statute and that the next
friend is an adult.

     (2)  [Unchanged.]

(G)  [Unchanged.]

Rule 3.704  Dismissal

Except as specified in MCR 3.705(A)(5) and (B), an action for a
personal protection order may only be dismissed upon motion by
the petitioner prior to the issuance of an order. There is no
fee for such a motion.


Rule 3.706 Orders

(A)  Form and Scope of Order.  An order granting a personal
protection order must include the following:

     (1) - (2) [Unchanged.]

     (3)  A statement that violation of the personal protection
          order will subject the individual restrained or
          enjoined to either of the following:

          (a)  [Unchanged.]

          (b)  If the respondent is less than 17 years of age,
               immediate apprehension and, if the respondent is
               found in contempt, the dispositional alternatives
               listed in MCL 712A.18[; MSA
               27.3178(598.18)].

     (4) - (6) [Unchanged.]

     (7)  For ex parte orders, a statement that, within 14
days after being served with or receiving actual notice of the
order, the individual restrained or enjoined may file a
motion to modify or [rescind] terminate the
personal protection order and a request for a
hearing, and that motion forms and filing instructions are
available from the clerk of the court.

(B) - (D) [Unchanged.]

(E)  Oral Notice.  If oral notice of the order is made by a law
enforcement officer as described in MCL
600.2950([21]22)[; MSA]
[27A.2950(21)] or [MCL]
600.2950a([18]19)[; MSA
27A.2950(1)(18)], proof of the notification must be
filed with the court by the law enforcement officer.


Rule 3.707  Modification, [or Recision] Termination, or
Extension of Order

(A)    Modification or Termination.

     ([A]1)     Time for Filing and Service.

          ([1]a)     [Either party] The
petitioner may file a motion to modify or [rescind]
terminate the personal protection order and request a
hearing [for good cause] at any time after the personal
protection order is issued. [The petitioner may include in
such a motion a request to extend the effectiveness of the order
by setting a new expiration date.  The motion must be filed with
the court that issued the personal protection order.  A motion to
extend the effectiveness of the order must be filed at least 28
days before the expiration date in the order.]

          ([]b) []The respondent may file
a motion to modify or terminate the personal protection order and
request a hearing within 14 days after being served with, or
receiving actual notice of, the order unless good cause is shown
for filing the motion after the 14 days have elapsed.

          ([2]c) The moving party shall serve the
motion to modify or [rescind] terminate the order
and the notice of hearing at least 7 days before the hearing date
as provided in MCR 2.105(A)(2) [to] at the mailing
address or addresses provided to the court.  On an appropriate
showing, the court may allow service in another manner as
provided in MCR 2.105(I).  If the moving party is a respondent
who is issued a license to carry a concealed weapon and is
required to carry a weapon as a condition of [his or her]
employment, a police officer certified by the Michigan law
enforcement training council act of 1965, 1965 PA 203, MCL 28.601
to 28.616[; MSA 4.450(1)] [to 4.450(16)], a
sheriff, a deputy sheriff or a member of the Michigan department
of state police, a local corrections officer, department of
corrections employee, or a federal law enforcement officer who
carries a firearm during the normal course of [his or her]
employment, providing notice one day before the hearing is deemed
as sufficient notice to the petitioner.

     [(B)](2)  Hearing on the Motion.  The court
must schedule and hold a hearing on a motion to modify or
[rescind] terminate a personal protection order
within 14 days of the filing of the motion, except that if the
respondent is a person described in MCL 600.2950(2) or
600.2950a(2), the court shall schedule the hearing on the motion
within 5 days after the filing of the motion.

     [(C)](3)   Notice of Modification or
[Recision] Termination.  If a personal protection
order is modified or [rescinded] terminated, the
clerk must immediately notify the law enforcement agency
specified in the personal protection order of the change.  A
modified or [rescinded] terminated order must be
served as provided in MCR 2.107.

(B)  Extension of Order.

     (1)  Time for Filing.  The petitioner may file an ex parte
motion to extend the effectiveness of the order, without hearing,
by requesting a new expiration date.  The motion must be filed
with the court that issued the personal protection order no later
than 3 days before the order is to expire.  The court must act on
the motion within 3 days after it is filed. Failure to timely
file a motion to extend the effectiveness of the order does not
preclude the petitioner from commencing a new personal protection
action regarding the same respondent, as provided in MCR 3.703.

     (2)  Notice of Extension.  If the expiration date on a
personal protection order is extended, an amended order must be
entered.  The clerk must immediately notify the law enforcement
agency specified in the personal protection order of the change. 
The order must be served on the respondent as provided in MCR
2.107.

(C)  Minors and Legally Incapacitated Individuals.  Petitioners
or respondents who are minors or legally incapacitated
individuals must proceed through a next friend, as provided in
MCR 3.703(F).

(D)    Fees.  There are no motion fees for modifying,
terminating, or extending a personal protection order.

Rule 3.708  Contempt Proceedings for Violation of Personal
Protection Orders

(A)  In General.

     (1)  A personal protection order is enforceable under MCL
600.2950([22]23)[,] and (25)[; MSA
27A.2950]([22],[(25)], MCL
600.2950a([19]20)[,] and (22)[;
MSA 27A.2950(1) (19) (22)], MCL 764.15b[; MSA
28.874(2)], and MCL 600.1701 et seq.[; MSA]
[27A.1701 et seq.
]
     (2)  [Unchanged.]

     [(3)   A contempt proceeding brought in a court other
than the one that issued the personal protection order shall be
entitled "In the Matter of Contempt of [Respondent]".  The clerk
shall provide a copy of the contempt proceeding to the court that
issued the personal protection order.]

(B)  Motion to Show Cause.

     (1)  Filing. If the respondent violates the personal
protection order, the petitioner may file a motion, supported by
appropriate affidavit, to have the respondent found in contempt. 
There is no fee for such a motion.  If the petitioner's
motion and affidavit establish a basis for a finding of contempt,
the court shall either:

          (a)  order the respondent to appear at a specified time
to answer the contempt charge; or

          (b)  issue a bench warrant for the arrest of the
respondent.

     (2)  Service.  The petitioner shall serve the motion to show
cause and the order [as provided in MCR
2.107] on the respondent by personal service at least
7 days before the show cause hearing.

(C)  Arrest.

     (1)     If the respondent is arrested for violation
of a personal protection order as provided in MCL 764.15b(1)[;
MSA 28.874(2)(1)], the court in the county where the arrest
is made shall proceed as provided in MCL 764.15b(2)-(5)[; MSA
28.874(2)(2)-(5)], except as provided in this rule.

     (2)    A contempt proceeding brought in a court other
than the one that issued the personal protection order shall be
entitled "In the Matter of Contempt of [Respondent]."
          The clerk shall provide a copy of any documents
pertaining to the contempt proceeding to the court that issued
the personal protection order.

     (3)    If it appears that a circuit judge will not be
available within 24 hours after arrest, the respondent shall be
taken, within that time, before a district court, which shall set
bond and order the respondent to appear for arraignment before
the family division of the circuit court in that county.

(D)  Appearance or Arraignment; Advice to Respondent.  At the
respondent's first appearance before the circuit court,
whether for arraignment under MCL 764.15b[; MSA
28.874(2)], enforcement under MCL 600.2950[; MSA 27A.2950
or], [MCL] 600.2950a[; MSA
27A.2950(1)], or [MCL] 600.1701[; MSA
27A.1701], or otherwise, the court must:

     (1)  [ensure that] advise the respondent
[receives written notice] of the alleged violation,

     (2) - (6) [Unchanged.]

(E)  [Unchanged.]

(F)  Scheduling or Postponing Hearing.  Following the
respondent's appearance or arraignment, the court shall do the
following:

     (1)  Set a date for the hearing at the earliest practicable
time except as required under MCL 764.15b[; MSA]
[28.874(2)].

          (a)  The hearing of a respondent being held in custody
for an alleged violation of a personal protection order must be
held within 72 hours after the arrest[], unless extended
by the court on the motion of the arrested individual or the
prosecuting attorney[, or the] . The court must
[order the respondent released from custody] set a
reasonable bond pending the hearing unless the court
determines that release will not reasonably ensure the safety of
the individuals named in the personal protection order.

          (b)  [If the respondent is released from custody
pending the hearing and the court determines that the release
will not reasonably ensure the safety of the individuals named in
the personal protection order, the court may order release on
condition that the respondent continue to comply with the
personal protection order or any other condition specified in MCR
6.106(D).] If a respondent is released on bond pending the
hearing, the bond may include any condition specified in MCR
6.106(D) necessary to reasonably ensure the safety of the
individuals named in the personal protection order, including
continued compliance with the personal protection order.  The
release order shall also comply with MCL 765.6b[; MSA
28.893(2)].

          (c) [Unchanged.]

     (2)  [Unchanged.]

     (3)  Notify the [respondent] petitioner and
his or her attorney, if any, of the contempt proceeding and
direct the party to appear at the hearing and give evidence on
the charge of contempt.

     (G)  Prosecution After Arrest.  In a criminal contempt proceeding
     commenced under MCL 764.15b[; MSA 28.874(2)], the
     prosecuting attorney shall prosecute the proceeding unless
     the petitioner retains his or her own attorney for the
     criminal contempt proceeding.

(H)  The Violation Hearing.

     (1) - (2) [Unchanged.]

     (3)  Evidence; Burden of Proof.  The rules of evidence apply
to both criminal and civil contempt proceedings.  The petitioner
or the prosecuting attorney has the burden of proving the
respondent's guilt of criminal contempt beyond a reasonable doubt
and the respondent's guilt of civil contempt by [a
preponderance of the] clear and convincing evidence.

     (4)  [Unchanged.]

     (5)  Sentencing.

          (a)  [Unchanged.]

          (b)  If the respondent pleads or is found guilty of
               civil contempt, the court shall impose a fine or
               imprisonment as specified in MCL 600.1715 and
               MCL 600.1721[; MSA 27A.1715 and
               27A.1721].
          In addition to such a sentence, the court may impose
      other conditions to the personal protection order.

Staff Comment:  The June 1, 2001 amendments of MCR 3.701,
MCR 3.702, 3.703, 3.704, 3.706, 3.707, and 3.708, effective
September 1, 2001, are designed, in part, to clarify the court
rule provisions adopted effective September 1, 1997. 456 Mich
clxxxiv (1997).

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