September 9, 2003



ADM File No. 2001-17

Amendment of Rule 2.107
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, Rule 2.107 of the Michigan Court Rules
is amended, effective January 1, 2004.


[The present language is amended as indicated below by underlining 
        for additions and strikeover for deletions.] 

ICLE Editor's Note:


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

Bold text  indicates new text.




Rule 2.107     Service and Filing of Pleadings and Other Papers

(A)-(F) [Unchanged.]

(G)   Filing With Court Defined.  The filing of pleadings and other papers with the
court as required by these rules must be with the [court] clerk of the
court, except that the judge to whom the case is assigned may
[permit] accept papers for filing when circumstances warrant.  A
judge who does so [to be filed with him or her in which event the judge]
shall note the filing date on the papers and [forthwith] transmit them
forthwith to the [office of the court] clerk. It is the responsibility
of the party who presented the papers to confirm that they have been filed with the
clerk.
     
     Staff Comment: The September 9, 2003 amendment of MCR
2.107(G), effective January 1, 2004, continues to give judges the discretion to accept
papers for filing when circumstances warrant, but requires the party who presented
the papers to confirm that they have been properly filed with the clerk of the court.

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