Order
Entered:

        September 19, 1995


93-46

Amendments of Michigan Court
Rules 2.116, 2.119, 2.204,
2.604, and 2.614

        On order of the Court, the following amendments of MCR
2.116, 2.119, 2.204, 2.604, and 2.614 were adopted September 19,
1995, to be effective immediately. The rules are amended to read as
follows:

Rule 2.116       Summary Disposition
(A)-(I) [Unchanged.]
(J)     Motion Denied; Case Not Fully Adjudicated on Motion.
        (1)      [Unchanged.]
        (2)      A party aggrieved by a decision of the court
                 entered under this rule may:
                 (a)     [Unchanged.]
                 (b)     claim an immediate appeal as of right if
                         the judgment entered by the court
                         constitutes a final judgment under MCR
                         2.604(B); or
                 (c)     [Unchanged.]

Rule 2.119       Motion Practice
(A)-(E) [Unchanged.]
(F)     Motions for Rehearing or Reconsideration.
        (1)      Unless another rule provides a different
                 procedure for reconsideration of a decision (see,
                 e.g., MCR 2.604[A], 2.612), a motion for
                 rehearing or reconsideration of the decision on a
                 motion must be served and filed not later than 14
                 days after entry of an order disposing of the
                 motion.
        (2)-(3)  [Unchanged.]
(G)     [Unchanged.]

Rule 2.204       Third-Party Practice
(A)     When Defendant May Bring in Third Party
        (1)-(3)  [Unchanged.]
        (4)      A party may move for severance, separate trial,
                 or dismissal of the third-party claim. The court
                 may direct entry of a final judgment on either
                 the original claim or the third-party claim, in
                 accordance with MCR 2.604(B).
(B)-(C) [Unchanged.]

Rule 2.604       Judgment in Actions Involving Multiple Claims or
                 Multiple Parties
(A)     Except as provided in subrule (B), an order or other form
        of decision adjudicating fewer than all the claims, or the
        rights and liabilities of fewer than all the parties, does
        not terminate the action as to any of the claims or
        parties, and the order is subject to revision before entry
        of final judgment adjudicating all the claims and the
        rights and liabilities of all the parties. Such an order
        or other form of decision is not appealable as of right
        before entry of final judgment. A party may file an
        application for leave to appeal from such an order.
(B)     In receivership and similar action, the court may direct
        that an order entered before adjudication of all of the
        claims and rights and liabilities of all the parties
        constitutes a final order on an express determination that
        there is no just reason for delay.

Rule 2.614       Stay of Proceedings to Enforce Judgment
(A)-(F) [Unchanged.]
(G)     Stay of Judgment on Multiple Claims. When a court has
        ordered a final judgment on some, but not all, of the
        claims presented in the action under the conditions stated
        in MCR 2.604(B), the court may
        (1)-(2)  [Unchanged.]

        Levin and Cavanagh, JJ., would not amend MCR 2.604 without
first publishing for comment under MCR 1.201.

STAFF COMMENT: The September 19, 1995, amendment of MCR 2.604
permits a trial court to direct entry of final judgment on an order
disposing of fewer than all the claims or parties in receivership
and similar actions.

The amendments of MCR 2.116(J)(1), 2.119(F)(1), 2.204(A)(4), and
2.614(G) correct cross-references to MCR 2.604 that were no longer
correct after MCR 2.604 was amended on May 16, 1995, and further
amended on September 19, 1995.

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