ICLE Homepage | Other New and Amended MCRs
June 2, 1998
97-34
Amendments of Michigan
Court Rules 7.204, 7.205, 7.206,
7.211, 7.212, and 7.215.
___________________________________
On order of the Court, notice of the proposed changes and an
opportunity for comment at a public hearing having been provided,
and consideration having been given to the comments received, the
following amendments of Michigan Court Rules 7.204, 7.205, 7.206,
7.211, 7.212, and 7.215 are adopted, to be effective September 1,
1998.
The rules are amended as follows:
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.]
(C) Other Documents. With the claim of appeal, the appellant
shall file the following documents with the clerk:
(1) – (3) [Unchanged.]
(4) if the appellant has filed a bond, a true copy of the
bond; [and]
(5) a copy of the docket or calendar entries[.];
and
(6) a jurisdictional checklist on a form provided by the
clerk's office.
(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) – (5) [Unchanged.]
[(6) a notice of hearing for the first Tuesday at least
21 days after a copy of the filed documents is
served on all other parties;]
(6) – (7) [Formerly (7) – (8), redesignated, but
otherwise unchanged.]
(C) Answer. Any other party in the case may file with the
clerk, [before the date of hearing] within 21 days
of service of the application,
(1) – (2) [Unchanged.]
(D) – (G) [Unchanged.]
Rule 7.206 Extraordinary Writs, Original Actions, and
Enforcement Actions
(A) – (C) [Unchanged.]
(D) Actions for Extraordinary Writs and Original Actions.
(1) Filing of Complaint. To commence an original action,
the plaintiff shall file with the clerk:
(a) – (b) [Unchanged.]
[(c) a notice of preliminary hearing on the
complaint on the first Tuesday at least 21
days after the complaint and supporting
documents are served on the defendant and any
other interested person;]
(c) – (d) [Formerly (d) – (e), redesignated,
but otherwise unchanged.]
(2) Answer. The defendant or any other interested party
must file with the clerk [before the date of the
preliminary hearing] within 21 days of service
of the complaint and any supporting documents or
affidavits:
(a) – (c) [Unchanged.]
(3) [Unchanged.]
(E) [Unchanged.]
Rule 7.211 Motions in Court of Appeals
(A) Manner of Making Motion. A motion is made in the Court of
Appeals by filing:
(1) [Unchanged.]
[(2) 5 copies of an affidavit supporting any allegation
of fact in the motion;]
(2) – (3) [Formerly (3) – (4), redesignated, but
otherwise unchanged.]
(4[5]) [notice that the motion will be
heard on the first Tuesday]
[(a) 21 days after the motion is served on the
other parties, for a motion to dismiss, or to
affirm;]
[(b) 35 days after the motion is served on the
appellee if the motion is for peremptory
reversal;]
[(c) 56 days after the motion is served on the
defendant, for a motion to withdraw as the
appointed appellate attorney;]
[(d) 14 days after the motion is served on the
other parties, for a motion for rehearing of
an opinion or an order;]
[(e) 7 days after the motion is served on the
other parties, for all other motions.]
[A party may obtain an earlier hearing on a motion
by filing] a motion for immediate consideration
if the party desires a hearing on a date earlier
than the applicable date set forth in subrules
(B)(2)(a)-(e);[.]
[] (5[6]) proof that a copy of
the motion, [the
notice of
hearing] the
motion for immediate
consideration if one
has been filed,
and any other
supporting papers
were served on all
other parties to the
appeal.
(B) Answer.
(1) A party to an appeal may answer a motion by
filing: [before the date the motion
is noticed for hearing]
[(1)] (a) 5 copies of an answer (one
signed); and
[(2)] (b) proof that a copy of the
answer and any other opposing
papers were served on all
other parties to the appeal.
(2) Unless a motion for immediate consideration has
been filed, the answer must be filed within
(a) 21 days after the motion is served on the other
parties, for a motion to dismiss, to remand, or to
affirm;
(b) 35 days after the motion is served on the
appellee, if the motion is for peremptory
reversal;
(c) 56 days after the motion is served on the
defendant, for a motion to withdraw as the
appointed appellate attorney;
(d) 14 days after the motion is served on the other
parties, for a motion for rehearing of an opinion
or an order;
(e) 7 days after the motion is served on the other
parties, for all other motions.
If a motion for immediate consideration has been
filed, the answer must be filed before the notice date,
if any, or as directed by the Court of Appeals. See
subrule (C)(6).
(3) Five copies of an opposing brief may be filed. A
brief must conform to MCR 7.212(D) as nearly as
possible, except that page references to a
transcript are not required unless the transcript
is relevant to the issue raised in the motion.
(C) – (E) [Unchanged.]
Rule 7.212 Briefs
(A) [Unchanged.]
(B) Length and Form of Briefs. Except as permitted by order of
the Court of Appeals, and except as provided in subrule (G),
briefs are limited to 50 pages double-spaced, exclusive of
tables, indexes, and appendixes. Quotations and footnotes
may be single-spaced. At least one-inch margins must be
used, and printing shall not be smaller than 12-point type.
A motion for leave to file a brief in excess of the page
limitations of this subrule must be filed at least 21 days
before the due date of the brief. Such motions are
disfavored and will be granted only for extraordinary and
compelling reasons.
(C) – (I) [Unchanged.]
Rule 7.215 Opinions, Orders, Judgments, and Final Process from
Court of Appeals
(A) – (F) [Unchanged.]
(G) Rehearings.
(1) A motion for rehearing may be filed within 21 days
after the date of the order or the date stamped on an
opinion. The motion shall include all facts,
arguments, and citations to authorities in a single
document and shall not exceed 10 double-spaced pages.
[If rehearing of an opinion is sought, a]
A copy of the order or opinion of
which rehearing is sought must be included with the
motion. Motions for rehearing are subject to the
restrictions contained in MCR 2.119(F)(3).
(2) – (3) [Unchanged.]
(H) [Unchanged.]
Kelly, J., dissents from the amendments of MCR
7.211(B)(2)(a) [former MCR 7.211(A)(5)(a)] and 7.215(G)(1).
Cavanagh, Boyle, and Kelly JJ., dissent from the amendment
of MCR 7.212(B).
STAFF COMMENT: The June 2, 1998, amendments of subchapter
7.200 deal with procedure in the Court of Appeals. The following
rules are amended:
MCR 7.204(C). Require a jurisdictional checklist to be filed
with the claim of appeal.
MCR 7.205(B) and (C), 7.206(D), 7.211(A) and (B). Eliminate the
filing of a notice of hearing, instead specifying the time for
response.
MCR 7.211(A)(2). Eliminate the requirement of filing affidavits
with motions.
MCR 7.211(B)(2)(a) [former (A)(5)(a)]. Add motions to remand to
the list of motions for which the notice period for submission is
21 days.
MCR 7.212(B). Require a party to obtain advance permission to
file a brief in excess of the page limit set by the rule.
MCR 7.215(G)(1). Require a copy of the order with a motion for
rehearing of the order.
Proposed amendments of MCR 7.212(A)(6) and (F), published for
comment at 77 Mich B J 117 (January 1998), which would have
prohibited parties represented by counsel from filing briefs or
supplemental authority communications in propria persona, were
not adopted.
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.