September 22, 1998



96-65


Amendment of Rule 2.602
of the Michigan Court Rules
_____________________________

          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 amendment of Rule 2.602 of the Michigan
Court Rules is adopted, to be effective December 1, 1998.

[The present language is amended as indicated below.]

ICLE Editor's Note:

Rule 2.602     ENTRY OF JUDGMENTS AND ORDERS

(A)  Signing; Statement; Date of Entry.  

(1)     Except as provided in this rule and in MCR
     2.603, all judgments and orders must be in writing,
     signed by the court and dated with the date they are
     signed.

(2)     The date of signing an order or judgment is
     the date of entry.

(3)    Each judgment must state, immediately preceding
     the judge's signature, whether it resolves the last
     pending claim and closes the case.  Such a statement
     must also appear on any other order that disposes of
     the last pending claim and closes the case.

(B) - (D)      [Unchanged.]

          Staff Comment:  The December 1, 1998 amendment
of MCR 2.602(A) requires that all judgments designate whether
they resolve the last pending claim and close a case.  The
requirement also pertains to other orders that dispose of all
pending claims and close a case, i.e., an order that does not
decide the merits of a last pending claim but rather dismisses
the claim for reasons such as lack of jurisdiction or a discovery
violation.  The goal of the amendment, which stemmed from a
proposal of the Michigan Judges Association, is to facilitate
docket management. 

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