June 17, 2003



ADM File No. 2001-48

Amendment of Rule 7.217
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 7.217 of
the Michigan Court Rules is adopted, effective September 1, 2003.


      [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 7.217   Involuntary Dismissal of Cases

(A)-(C)   [Unchanged.]

(D)  Reinstatement.  Within [56] 21 days after the date of the clerk's
notice of dismissal pursuant to this rule, the appellant or plaintiff may seek relief from
dismissal by showing mistake, inadvertence, or excusable neglect.


     Staff Comment: The June 17, 2003, amendment of MCR 7.217(D),
effective September 1, 2003, reduced from 56 to 21 days the time for seeking relief from
an involuntary dismissal of an appeal by the Court of Appeals.  This change corresponds
to the 21 days allowed appointed counsel to move under MCR 7.215(I) for
reconsideration of an order involuntarily remanding a case to the trial court for the
appointment of substitute counsel.  See Court of Appeals IOP 7.217(C) and IOP
7.217(D).    


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