ADM File No. 2004-37
          
          
          Amendment of Rule 7.217
          of the Michigan Court Rules
          _________________________

     On order of the Court, the need for immediate action having been found, the
notice requirements are dispensed with and the following amendment of Rule 7.217 is
adopted, effective immediately.  MCR 1.201(D).  The amendment will be considered at a
future public hearing by the Court.  The notices and agendas for public hearings are
posted at www.courts.michigan.gov/supremecourt.

     [Additions are indicated by underlining.]

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.
     
           (1)    Within 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.
          
           (2)    The clerk will not accept for filing a late motion
           for reinstatement.

Staff Comment:  The amendment of MCR 7.217(D) prohibits the Court of
Appeals clerk from accepting untimely motions for reinstatement of an appeal that is
involuntarily dismissed for want of prosecution.  The amendment makes the rule
consistent with MCR 7.215(I)(4), which prohibits the acceptance of a late motion for
reconsideration.
 
The staff comment is not an authoritative construction by the Court.