February 23, 2006


ADM File No. 2006-02

Amendment of
Rules 7.204 and 7.205 of 
the Michigan Court Rules
                 

 On order of the Court, the following corrections of Rules 7.204 and 7.205 of the
Michigan Court Rules are made, effective May 1, 2006.

                  

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)-(B)[Unchanged.]

     (A)Other Documents.  With the claim of appeal, the appellant shall file the following documents with
     the clerk:
     
          (1)-(4)   [Unchanged.]
          
          (1)a copy of the [docket or calendar entries ]register of actions of the lower court, tribunal,
          or agency; and
          
          (2)[Unchanged.]

(D)-(H)[Unchanged.]


Rule 7.205     Application for Leave to Appeal.

     (A)[Unchanged.]
     
     (B)Manner of Filing.  To apply for leave to appeal, the appellant shall file with the clerk:
     
          (1)[Unchanged.]
     
          (2)5 copies of the judgment or order appealed from, of the [calendar or docket entries]
          register of actions of the lower court, tribunal, or agency, of the
          opinion or findings of the lower court, tribunal, or agency, and of any
          opinion or findings reviewed by the lower court, tribunal, or agency.

     (3)-(7)   [Unchanged.]
       
(C)-(E)[Unchanged.]

(F)  Late Appeal.
  
     (1)-(3)   [Unchanged.]
     
          (4)  The limitation provided in subrule (F)(3) does not apply to an application for
          leave to appeal by a criminal defendant if the defendant files an application for
          leave to appeal within 21 days after the trial court decides a motion for a new
          trial, for judgment of acquittal, to withdraw a plea, or for resentencing, if the
          motion was filed within the 12-month period, or if
          
               (a)-(b)   [Unchanged.]
               
               (c)  the application for leave to appeal is filed in accordance with the
               provisions of this rule within 42 days after the filing of the transcript. 
               If the transcript was filed before the order appointing or denying the
               appointment of counsel, the 42-day period runs from the date of that
               order.  
               
                    A defendant who seeks to rely on one of the exceptions in subrule
               (F)(4) must file with the application for leave to appeal an affidavit
               stating the relevant docket entries, a copy of the [docket or calendar
               entries] register of actions of the lower court, tribunal, or
               agency, or other documentation showing that the application is
               filed within the time allowed.
     
          (5)  [Unchanged.]
     
(G)  [Unchanged.]


     Staff Comment:  The amendment of MCR 7.204(C)(5) makes the
terminology consistent with current usage.  See MCR 8.119(D)(1)(c).  The amendment also
clarifies the distinction between the lower court register of actions and the Court of Appeals
docketing statement referred to in MCR 7.204(H) and 7.205(D)(3).
                                                               
     The staff comment is not an authoritative construction by the Court.