ICLE Homepage | Other New and Amended MCRs
May 23, 2000
00-13
Amendment of MCR 2.113,
5.113 and 8.117
__________________________
On order of the Court, the need for immediate action having
been found, the notice requirements of MCR 1.201 are dispensed with
and the following amendments of Rules 2.113, 5.113 and 8.117 of the
Michigan Court Rules are adopted, to be effective immediately.
The Estates and Protected Individuals Code, effective April 1,
2000, creates new classifications of cases, thus creating an
immediate need for changes in case classification codes used by
trial courts. These amendments will be placed on the agenda of
future public hearings to be held by the Court.
[The present language is repealed and replaced by the following
language unless otherwise indicated below:]
ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been
deleted.
Bold text indicates new text.
Rule 2.113 Form of Pleadings and Other Papers
(A) - (B) [UNCHANGED.]
(C) Captions.
(1) the first part of every pleading must contain
a caption stating
(a) - (b) [UNCHANGED.]
(c) the case number, including a prefix of
the year filed and a two-letter suffix for the
case-type code from a list provided by the
State Court Administrator pursuant to
[(see] MCR 8.117[)] according to
the principal subject matter of the
proceeding;
(d) - (g) [UNCHANGED.]
(2) - (3) [UNCHANGED.]
(D) - (G) [UNCHANGED.]
.Rule 5.113 Papers; Form and Filing
(A) Form of Papers Generally.
(1) A petition, motion, inventory, report, account, or
other paper in a proceeding must
(a) [UNCHANGED.]
(b) include the
(i) [UNCHANGED.]
(ii) case number, if any, including a prefix
of the year filed and a two-letter suffix
for the case-type code from a list
provided by the State Court Administrator
pursuant to [(see] MCR
8.117[)] according to the
principal subject matter of the
proceeding, and if the case is filed
under the juvenile code, the petition
number which also includes a prefix of
the year filed and a two-letter suffix
for the case type code;
(iii) - (iv) [UNCHANGED.]
(c) [UNCHANGED.]
(2) [UNCHANGED.]
(B) - (C) [UNCHANGED.]
Rule 8.117 Case Classification Codes
[(A)] Use of Case-Type Code. As required by MCR
2.113(C)(1)([d]c), the plaintiff must assign one
case-type code from a list provided by the State Court
Administrator [as listed in subrule (B)] according
to the principal subject matter of the action (not the nature
of the proceedings), and include this code in the caption of
the complaint. The case code must be included in the caption
of all papers thereafter filed in the case.
[(B) Case-Type Code List; Circuit and Recorder's Court.
The following case-type code list must be used as provided in
subrule (A). The bracketed letters are the case codes.
(1) Appeals by Leave or Right.
(a) Civil Appeals [AV]. All civil appeals from a lower
court when filed in a higher court.
(b) Criminal Appeals [AR]. All criminal appeals from a
lower court when filed in a higher court.
(2) Administrative Review, Superintending Control, and
Extraordinary Writs.
(a) Employment Security Commission [AE]. All matters
regarding Michigan Employment Security Commission
actions.]
[(b) License Restoration [AL]. All Secretary of
State matters regarding petitions for restoration
of a driver's license.]
[(c) Other Agencies [AA]. All matters from
administrative agencies other than the Michigan
Employment Security Commission and the Michigan
Secretary of State.]
[(d) Parole Board Decisions [AP]. Appeals in
parole board decisions.]
[(e) Superintending Control [AS]. All matters
involving superintending control or supervisory
control powers of the court.]
[(f) Habeas Corpus [AH]. All writs of habeas
corpus except habeas corpus to obtain custody of a
child.]
[(g) Other Writs [AW]. All actions for mandamus
and quo warranto and other writs.]
[(h) Extradition/Detainer [AX]. All extradition
and detainer matters.]
[(i) Other Extraordinary Law Remedies [AZ]. All
other extraordinary law remedies.]
[(3) Civil Damage Suits.]
[(a) Personal Injury, Auto Negligence [NI]. All
complaints of personal injury, or personal injury
and property damage, involving the use of a motor
vehicle.]
[(b) Property Damage, Auto Negligence [ND]. All
complaints of property damage but not personal
injury involving the use of a motor vehicle.]
[(c) No-Fault Automobile Insurance [NF]. All
claims for first-party personal protection benefits
and first-party property protection benefits under
the no-fault automobile insurance act.]
[(d) Products Liability [NP]. All claims involving
products liability.]
[(e) Medical Malpractice [NH]. All claims
involving health care provider malpractice.]
[(f) Other Professional Malpractice [NM]. All
claims involving professional malpractice other
than health care provider malpractice.]
[(g) Dramshop Act [NS]. All claims involving
liability under the dramshop act.]
[(h) Other Personal Injury [NO]. All other claims
involving liability for personal injury.]
[(i) Other Damage Suits [NZ]. All other claims for
damages.]
[(4) Domestic Relations.]
[(a) Divorce, No Children [DO]. All divorce
complaints when minor children are not
involved.]
[(b) Divorce, Minor Children [DM]. All divorce;
divorce and custody; or divorce, custody, and
support matters when minor children are
involved.]
[(c) Custody [DC]. All habeas corpus to obtain
custody of a child; order to show cause for custody
of a child; or other custody, or custody and
support proceedings, if no divorce action has been
filed.]
[(d) URESA Enforcement [DU]. All support
enforcement proceedings incoming from another state
under the Uniform Reciprocal Enforcement of Support
Act.]
[(e) URESA Initiation [DI]. All support
enforcement proceedings outgoing to another state
under the Uniform Reciprocal Enforcement of Support
Act.]
[(f) Interstate Filing [DF]. All support matters
submitted for filing, only, under the Uniform
Reciprocal Enforcement of Support Act and the
Interstate Income Withholding Act.]
[(g) Other Support [DS]. All support matters under
the Family Support Act of 1967.]
[(h) Paternity [DP]. All questions of paternity;
paternity and custody; or paternity, custody, and
support.]
.[(i) Interstate Income Withholding [DW]. All
support orders incoming from another state under
the Interstate Income Withholding Act.]
[(j) Registration of Foreign Orders [DR]. All
registrations of foreign support orders received
from another state under the Uniform Reciprocal
Enforcement of Support Act.]
[(k) Other Family Matters [DZ]. All other
prejudgment matters involving family and domestic
relations.]
[(l) Transfer Divorce, No Children [TO]. All
intrastate transfers of postjudgment divorce cases
when minor children are not involved.]
[(m) Transfer Divorce, Minor Children [TM]. All
intrastate transfers of postjudgment divorce;
divorce and custody; or divorce, custody, and
support matters when minor children are
involved.]
[(n) Transfer Custody [TC]. All intrastate
transfers of postjudgment custody, or custody and
support proceedings where no divorce action has
been filed.]
[(o) Transfer URESA Enforcement [TU]. All
intrastate transfers of postjudgment support
enforcement proceedings incoming from another state
under the Uniform Reciprocal Enforcement of Support
Act.]
[(p) Transfer URESA, Initiation [TI]. All
intrastate transfers of postjudgment support
enforcement proceedings outgoing to another state
under the Uniform Reciprocal Enforcement of Support
Act.]
[(q) Transfer Other Support [TS]. All intrastate
transfers of postjudgment support matters under the
Family Support Act of 1967.]
[(r) Transfer Paternity [TP]. All intrastate
transfers of postjudgment paternity; paternity and
custody; or paternity, custody, and support.]
[(s) Transfer Other Family Matters [TZ]. All
intrastate transfers of all other postjudgment
matters involving family and domestic
relations.]
[(t) UIFSA Establishment [UE]. All support and
paternity establishment proceedings incoming from
another state under the Uniform Interstate Family
Support Act.]
[(u) Registration of Income Withholding Orders
[UW]. All incoming registrations of another
state's orders for the specified purpose of income
withholding only under the Uniform Interstate
Family Support Act.]
[(v) Registration of Orders for Enforcement [UN].
All incoming registrations of another state's
orders for the specified purpose of enforcement
only under the Uniform Interstate Family Support
Act.]
[(w) Registration of Orders for Modification [UM].
All incoming registrations of another state's
orders for the specified purpose of modification
under the Uniform Interstate Family Support
Act.]
[(x) Assist with Discovery [UD]. All proceedings
under the Uniform Interstate Family Support Act to
assist with discovery, or to compel a response to a
discovery order issued by another state's
tribunal.]
[(y) UIFSA Initiation [UI]. All support and
paternity establishment proceedings outgoing to
another state under the Uniform Interstate Family
Support Act.]
[(z) UIFSA Filing - Income Withholding [UO]. All
outgoing requests for registration of another
state's order for the specified purpose of income
withholding only under the Uniform Interstate
Family Support Act.]
[(aa) UIFSA Filing - Enforcement [UF]. All outgoing
requests for registration of another state's order
for the specified purpose of enforcement only under
the Uniform Interstate Family Support Act.]
[(bb) UIFSA Filing - Modification [UC]. All outgoing
requests for registration of an order for the
purpose of modification under the Uniform
Interstate Family Support Act.]
[(5) Other Civil Matters.]
[(a) Business Claims [CB]. All claims involving
partnership termination and other business
accountings.]
[(b) Condemnation [CC]. All condemnation
proceedings.]
[(c) Labor Relations [CL]. All labor-management
matters.]
[(d) Contracts [CK]. All other proceedings
involving contractual obligations not otherwise
coded.]
[(e) Environment [CE]. All environmental matters
such as zoning, pollution, etc.]
[(f) Forfeiture [CF]. All claims of interest in
property seized under the Controlled Substance Act
which may be subject to forfeiture.]
[(g) Housing and Real Estate [CH]. All housing,
real estate, foreclosure, land contracts, and other
property proceedings.]
[(h) Corporate Receivership [CR]. All corporate
receivership proceedings.]
[(i) Consumer Protection [CP]. All consumer
matters.]
[(j) Other General Civil [CZ]. All other civil
actions.]
[(6) Ancillary or Other Special Proceedings Which May Be
Treated as Cases.]
[(a) Garnishment [PG]. All garnishment actions
which are assigned a new case number.]
[(b) Attachment [PA]. All attachment actions which
are assigned a new case number.]
[(c) Supplementary Proceedings [PS]. All
supplemental proceedings which are assigned a new
case number.]
[(d) Receivers in Supplemental Proceedings [PR].
All proceedings appointing a receiver which are
assigned a new case number.]
[(e) Proceedings to Restore, Establish, or Correct
Records [PC]. All proceedings to restore,
establish, or correct records which are assigned a
new case number.]
[(f) Claim and Delivery [PD]. All complaints to
recover personal property which are assigned a new
case number.]
[(g) Personal Protection Orders in Domestic
Relationships [PP]. All proceedings for personal
protection brought under MCL 600.2950; MSA 27A.2950
and/or MCL 600.2950a; MSA 27A.2950(1) when there is
a domestic relationship between the parties.]
[(h) Personal Protection Orders Against Stalking
[PH]. All proceedings for personal protection
brought under MCL 600.2950a; MSA 27A.2950(1) when
there is no domestic relationship between the
parties.]
[(i) Other Miscellaneous Proceedings [PZ]. All
other matters which are assigned a new case
number.]
[(7) Criminal Matters.]
[(a) Capital Felonies [FC]. Capital felony cases,
in which life sentence is possible and a larger
number of peremptory jury challenges is
provided.]
[(b) Noncapital Felonies [FH]. Noncapital felony
cases.]
[(C) Case-Type Code List; District Court. The following
case-type code list must be used as provided in subrule (A).
The bracketed letters are the case codes.]
[(1) Civil Damage Suits.]
[(a) Small Claims [SC].]
[(b) General Civil [GC].]
[(c) No-Fault Automobile Insurance [NF].]
[(2) Housing and Real Estate Suits.]
[(a) Landlord/Tenant Summary Proceedings [LT].]
[(b) Other Summary Proceedings [SP].]
[(3) Special Proceedings.]
[(a) Peace Bonds [PB].]
[(4) Criminal and Traffic Offense.]
[(a) Felony Criminal Cases [FY].]
[(b) Felony Drinking Driving Offense [FD].]
[(c) Statute Misdemeanor (Drinking Driving Offense)
[SD].]
[(d) Ordinance Misdemeanor (Drinking Driving
Offense) [CD]]
[(e) Statute Non-traffic Offense [SM].]
[(f) Ordinance Non-traffic Offense [CM].]
[(g) Statute Traffic Offense [ST].]
[(h) Ordinance Traffic Offense [CT].]
[(D) Case-type Code List; Probate Court, Probate Division.
The following case-type code list must be used as provided in
subrule (A). The bracketed letters are the case codes.]
[(1) Assignments of Property in Estates Under $5,000
[AP].]
[(2) Decedent Estates, Supervised [SE].]
[(3) Decedent Estates, Independent [IE].]
[(4) Trusts, Inter Vivos [TI].]
[(5) Trusts, Testamentary [TT].]
[(6) Mentally Ill Petition [MI].]
[(7) Judicial Admissions, Developmentally Disabled
Persons [JA].]
[(8) Guardians, Developmentally Disabled Persons
[DD].]
[(9) Guardians, Other [GD].]
[(10) Conservators [CV].]
[(11) Protective Orders [PO].]
[(12) Adoptions [AD].]
[(13) Escheated Property [ES].]
[(14) Change of Name [NC].]
[(15) Marriage, Secret [MS].]
[(16) Marriage, Ceremonies [MC].]
[(17) Marriage, 3 Day Waivers [MW].]
[(18) Acknowledgments of Paternity [AK].]
[(19) Safe Deposit Box [BX].]
[(20) Trust Registration and Wills for Safekeeping
[WT].]
[(21) Appeals to Probate Court [AT].]
[(22) Inheritance Tax (separate proceeding) [TX].]
[(23) Determination of Heirs (separate proceeding)
[DH].]
[(24) Guardians, Limited [LG].]
[(25) Infectious Disease [ID]]
[(26) Emancipation of Minor [EM]]
[(27) Waiver of Parental Consent to Obtain an Abortion
[PW].]
[(E) Case-Type Code List; Probate Court, Juvenile Division.
The following case-type code list must be used as provided in
subrule (A). The bracketed letters are the case codes.]
[(1) Delinquency [DL].]
[(2) Neglect and Abuse [NA].]
[(3) Traffic and Ordinance [TO].]
[(4) Designated Juvenile Offenses [DJ]. All juvenile
offenses designated by the prosecutor or court to be
heard in the family division of circuit court in the same
manner as an adult criminal case is heard in the criminal
division of the circuit court.]
[(5) Personal Protection Actions Brought Under the
Juvenile Code [PJ]. All petitions seeking a personal
protection order against a respondent under the age of
18. Includes proceedings conducted for violation of
personal protection orders issued under the juvenile code
when heard by a county other than the county that issued
the personal protection order.]
Staff Comment: These amendments are made to allow for flexibility
in making changes to case classification codes. Case
classification codes are used principally for administrative
purposes by trial courts and the State Court Administrator for
collecting management information regarding case and for
identifying the administrative processing of cases.
The notice requirements of MCR 1.201 were dispensed with in order
that several changes in case classification codes required with the
implementation of the Estates and Protected Individuals Code, MCL
700.1101 et seq.; MSA 27.11101 et seq. could be implemented
immediately by the State Court Administrator. The Estates and
Protected Individuals Code became effective April 1, 2000. This
matter will be included on the Court's future public hearing agenda
for the purpose of receiving comments.
The State Court Administrator will incorporate case classification
codes in the Case File Management Standards maintained by that office.
The State Court Administrator will publish a revised case
classification code schedule immediately, and will periodically
publish case classification codes for the benefit of the public and
the bar.
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.