March 12, 2002


01-34


Amendments of 
Rules 3.310, 7.208,
and 7.213 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 3.310, 7.208,
and 7.213 of the Michigan Court Rules are adopted, to be effective
September 1, 2002.

      [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 3.310     Injunctions

(A)  Preliminary Injunctions.

     (1) - (4) [Unchanged.]

     (5)     If a preliminary injunction is granted, the
court shall promptly schedule a pretrial conference.  The trial of
the action on the merits must be held within 6 months after the
injunction is granted, unless good cause is shown or the parties
stipulate to a longer period.  The court shall issue its decision
on the merits within 56 days after the trial is completed.

(B) - (I) [Unchanged.]


Rule 7.208 Authority of Court or Tribunal Appealed From

(A)  Limitations.  After a claim of appeal is filed or leave to
appeal is granted, the trial court or tribunal may not set aside or
amend the judgment or order appealed from except

     (1)     by order of the Court of Appeals, 

     (2)     by stipulation of the parties, 

     (3)     after a decision on the merits in an action
in which a preliminary injunction was granted, or

     (4)     as otherwise provided by law.  

     In a criminal case, the filing of the claim of appeal does not
preclude the trial court from granting a timely motion under
subrule (B).

(B) - (I) [Unchanged.]


Rule 7.213 Calendar Cases

(A) - (B) [Unchanged.]

(C)  Priority on Calendar.  The priority of cases on the session
calendar is in accordance with the initial filing dates of the
cases, except that precedence shall be given to interlocutory
criminal appeals, []child custody cases, [and] cases
that the court orders expedited, and interlocutory appeals from
the grant of a preliminary injunction.

(D) - (E) [Unchanged.]


       Staff Comment:  The March 12, 2002 amendments of
Rules 3.310, []7.208, and 7.213, effective September 1,
2002, require trial courts to expeditiously decide actions in which
preliminary injunctions have been granted, and allow them to
proceed even if the Court of Appeals has granted interlocutory
leave to appeal.  Similarly, if the Court of Appeals grants leave
to review entry of a preliminary injunction on an interlocutory
basis, that Court is required to give priority to resolution of the
appeal. See Michigan Coalition of State Employee Unions v Michigan
Civil Service Comm, 465 Mich 212, 214, n 1 (2001).

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