October 1, 1997



97-38



Amendment of Rules 3.206, 5.931,

and 5.961 of the Michigan Court Rules

_____________________________________


     On order of the Court, pursuant to MCR 1.201(D), immediate
action being appropriate in this matter, the following amendments
of Rules 3.206, 5.931, and 5.961 are adopted, effective
January 1, 1998.  

     

ICLE Editor's Note:

The Rules are amended as follows:


Rule 3.206     Pleading

(A)  Information in Complaint.

     (1) - (3)  [Unchanged.]

     (4)    The caption of the complaint must also contain
               either (a) or (b) as a statement of the attorney
               for the plaintiff or petitioner, or of a plaintiff
               or petitioner appearing without an attorney:

          (a)    There is no other pending or resolved action
                    within the jurisdiction of the family
                    division of the circuit court involving the
                    family or family members of the person[s] who
                    [is/are] the subject of the complaint or
                    petition.

          (b)    An action within the jurisdiction of the
                    family division of the circuit court
                    involving the family or family members of the
                    person[s] who [is/are] the subject of the
                    complaint or petition has been previously
                    filed in [this court]/[_____Court], where it
                    was given docket number ________ and was
                    assigned to Judge ___________.  The action
                    [remains]/[is no longer] pending. 

     (5) - (7) Formerly (4) - (6), redesignated, but otherwise
               unchanged.

(B) - (C)  [Unchanged.]




Rule 5.931 Initiating Delinquency Proceedings

(A)  [Unchanged.]

(B)  Content of Petition.  A petition must contain the following
     information, if known:

     (1) - (5)  [Unchanged.]

     (6)  the court action requested; [and]

     (7)  if applicable, the notice required by MCL 257.732(7);
          MSA 9.2432(7), and the juvenile's Michigan driver's
          license number; and 

     (8)     information required by MCR 3.206(A)(4),
                    identifying whether a family division matter
                    involving members of the same family is or
                    was pending. 

(C) - (D)  [Unchanged.]



Rule 5.961 Initiating Child Protective Proceedings

(A)  [Unchanged.]

(B)  Content of Petition.  A petition must contain the following
     information, if known:

     (1) - (5)  [Unchanged.]

     (6)  the type of relief requested, including whether
          temporary or permanent custody is sought; and

     (7)     information required by MCR 3.206(A)(4),
                    identifying whether a family division matter
                    involving members of the same family is or
                    was pending.


STAFF COMMENT:  The October 1, 1997, amendments of MCR
3.206, 5.931, and 5.961 relate to statutory changes made by 1996
PA 388, which created the family division of the circuit court. 
The amendments are effective January 1, 1998.

New MCR 3.206(A)(4) creates a requirement for identifying pending
or prior family division actions involving members of the same
family.  References to that provision are included in
MCR 5.931(B)(8), governing delinquency proceedings, and
MCR 5.961(B)(7), governing child protective proceedings.


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