March 30, 2004

ADM File No. 2003-25
Amendment of Rule 7.204
of the Michigan Court Rules
                 
     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 amendment of
Rule 7.204 of the Michigan Court Rules is adopted, effective immediately.  MCR
1.201(D). This amendment will be on the agenda of a future public hearing.  The notices
and agendas for such a hearing are posted at www.courts.michigan.gov/supremecourt
well in advance of the hearing, along with instructions for reserving time to address the
Court in person.
                  

ICLE Editor's Note:
                                
                                
[Italicized, bracketed text] indicates text that has been deleted.
                                
             Bold text  indicates new text.
                            

                                
                                
Rule 7.204  Filing Appeal of Right; Appearance
     (A)  Time Requirements. The time limit for an appeal of right is jurisdictional.
     See MCR 7.203(A). The provisions of MCR 1.108 regarding computation
     of time apply. 
          (1)  An appeal of right in a civil action must be taken within 
               (a)  21 days after entry of the judgment or order appealed from; 
               (b)  21 days after the entry of an order denying a motion for new
     trial, a motion for rehearing or reconsideration, or a motion for other
     postjudgment relief, if the motion was filed within the initial 21-day appeal
     period or within further time the trial court may have allowed during that
     21-day period; [or] 
               (c)     14 days after entry of an order of the family
     division of the circuit court terminating parental rights, or entry of an order
     denying a motion for new trial, rehearing, reconsideration, or other
     postjudgment relief from an order terminating parental rights, if the motion
     was filed within the initial 14-day appeal period or within further time the
     trial court may have allowed during that period; or

               [(c)] (d)another time provided by law. 
          If a party in a civil action is entitled to the appointment of an attorney and
     requests the appointment within 14 days after the final judgment or order,
     the [21] 14-day period for the taking of an appeal or the
     filing of a postjudgment motion begins to run from the entry of an order
     appointing or denying the appointment of an attorney. If a timely
     postjudgment motion is filed before a request for appellate counsel, the
     party may request counsel within 14 days after the decision on the motion.
          (2)  [Unchanged.]
     (B) - (H) [Unchanged.]
     
          Staff Comment:  The March 30, 2004, amendment of Rule
7.204(A)(1)(c),  which was given immediate effect, shortened the deadline for filing claims of
appeal in retained appeals from orders terminating parental rights or denying timely filed
postconviction motions.  The purpose of this amendment was to conform the deadline for filing
claims of appeal in appeals with retained counsel to the recently adopted 14-day deadline in
appeals with appointed counsel from orders terminating parental rights.
     The staff comment is not an authoritative construction by the Court.