December 19, 1997


97-05

Amendments to Rule 3.206 and to
subchapter 5.900 of the Michigan Court Rules

                                            


     On order of the Court, the need for immediate action having
been found, the following amendments to Rule 3.206 and subchapter
5.900 of the Michigan Court Rules were adopted December 19, 1997,
to be effective January 1, 1998.  The amendments shall remain in
effect until further order of this Court.  Interested persons are
invited to submit comments on the substance and form of the rules
to the Clerk of the Supreme Court.

     The rules are amended as follows:

ICLE Editor's Note:

Rule 3.206     Pleading

     (A)  Information in Complaint.

(1)    Except for matters considered confidential by
     statute or court rule, in all domestic
     relations actions, the complaint must state

(a)-(d)  [Unchanged.]

          [Remainder of rule unchanged.]


Rule 5.901  Applicability of Rules

     (A)  Scope.  The rules in this subchapter, and in subchapter
          1.100, govern practice and procedure in the
          [juvenile] family division of the
          [probate] circuit court in all cases filed
          under the Juvenile Code.  Other Michigan Court Rules
          apply to such juvenile cases in the
          [juvenile] family division of the
          [probate] circuit court only when this
          subchapter specifically provides.

     (B)  [Unchanged.]



Rule 5.903  Definitions

     (A)  (1) - (7) [Unchanged.]

          (8)  "Juvenile court" or "court" means the
               [juvenile] family division of the
               [probate] circuit court.

          (9) - (20) [Unchanged.]

     (B) - (D) [Unchanged.]


Rule 5.926 Transfer of Jurisdiction; Change of Venue

     (A) - (E) [Unchanged.]

     (F)  Designated Cases.  Designated cases are to be filed in
          the [probate] juvenile court of the county in
          which the offense is alleged to have occurred.  Other
          than a change of venue for the purpose of trial, a
          designated case may not be transferred to any other
          county, except, after conviction, a designated case may
          be transferred to the juvenile's county of residence for
          entry of a juvenile disposition only.  Sentencing of a
          juvenile, including delayed imposition of sentence, may
          only be done in the county in which the offense occurred. 
          


Rule 5.950 Waiver of Jurisdiction

     (A)  [Unchanged.]

     (B)    Hearing Procedure.  The waiver hearing shall
consist of two phases.  Notice of the date, time, and place of the
hearings may be given either on the record directly to the juvenile
or to the attorney for the juvenile, the prosecuting attorney, and
all other parties, or in writing, served on each individual.

          (1)  [Unchanged.]

(2)  Second Phase.  If the court finds the requisite
probable cause at the first-phase hearing, or if there is
no hearing pursuant to subrule (B)(1)(c), the
second-phase hearing shall be held to determine whether
the interests of the juvenile and the public would best
be served by granting the motion, unless the juvenile has
previously been subject to the general criminal
jurisdiction of the circuit court under MCL
712A.4; MSA 27.3178(598.4) or MCL 600.606; MSA 27A.606,
or the Recorder's Court of the City of Detroit under MCL
712A.4; MSA 27.3178(598.4) or MCL 725.10a; MSA
27.3950(1).  If the juvenile has been subject to the
general criminal jurisdiction of either 
the circuit court or Recorder's Court under MCL
712A.4, MCL 600.606 or MCL 725.10a, the court shall waive
jurisdiction of the juvenile to the court of general
criminal jurisdiction without holding the second-phase
hearing.

               (a) - (e) [Unchanged.]

     (C)  Grant of Waiver Motion

          (1)  If the court determines that it is in the best
               interests of the juvenile and the public to waive
               jurisdiction over the juvenile, the court must:
               
               (a) - (b) [Unchanged.]

               (c)  advise the juvenile, orally or in writing,
                    that

                    (i)  [Unchanged.]

                    (ii) the juvenile must seek review of the
                         decision in the [Circuit]
                         Court of Appeals within 21
                         days of the order to preserve the appeal
                         of right, and

                    (iii)     [Unchanged.]

               a.        [Unchanged.]

          (2)  [Unchanged.]

     (D) - (F) [Unchanged.]


Rule 5.992 Rehearing; New Trial.

(A)   Time and Grounds.  Except for a case of a juvenile tried
     as an adult in the [probate] juvenile court for a
     criminal offense...

(B) - (F) [Unchanged.]
     

Rule 5.993  Appeals [to Other Courts] 
(A)[    Appeals to Court of Appeals.]  The following orders
     are appealable to the Court of Appeals by right:

[(1)]     [The following orders are appealable to
the Court of Appeals by right:]

[(a)](1)     an order of disposition
placing a minor under the supervision of the court
or removing the minor from [his or her]
the home,

[(b)](2)     an order terminating
     parental rights, 

[(c)](3)     any order required by law
to be appealed to the Court of Appeals, and

(4)         any final order.

          [(2)    A party may apply to the Court of Appeals for
               leave to appeal from an order as to which the
               juvenile court certifies that

]           [(a)    the order involves a controlling question
                    of law in which there is substantial ground
                    for difference of opinion, and

]           [(b)    an appeal directly to the Court of
                    Appeals may materially advance the ultimate
                    termination of the litigation.
]
(B)[    Appeals to Circuit Court.]  All orders not listed in
     subrule (A) are appealable to the [circuit]
     Court[:] of Appeals by leave.

          [(1)    by right, if the order is a final order; or

]      [(2)    by leave to appeal, if the order is an
               interlocutory order.

(C)  Transfers, Remands From Court of Appeals.  The Court of
     Appeals may:

] [(1)    transfer an appeal to circuit court for decision as
          if the claim of appeal had been filed there originally,
          when an appeal of right is within the circuit court's
          jurisdiction and has been filed in the Court of Appeals;

] [(2)    in lieu of granting leave to appeal, transfer an
          appeal filed pursuant to subrule (A)(2) to circuit court
          for consideration as on leave granted.
]
     [(D)](C)     Procedure; Delayed Appeals.  Except
          as modified by this rule, Chapter 7 of the Michigan Court
          Rules governs appeals from the  juvenile court.

     (1)  The Court of Appeals may not grant an
          application for leave to appeal an order of
          the [probate] juvenile court
          terminating parental rights if filed more than
          63 days after entry of an order of judgment on
          the merits, or if filed more than 63 days
          after entry of an order denying
          reconsideration or rehearing.

               (2)  [Unchanged.]


STAFF COMMENT:  The December 19, 1997, amendments to Rule
3.206 and subchapter 5.900 of the Michigan Court Rules implement
recent statutory changes which have created a family division of
the circuit court.  These amendments will remain in effect until
further order of the court.

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