ICLE Homepage | Other New and Amended MCRs
November 30, 1999
ADM 99-17
Amendments of Rules 2.113, 5.113, 5.901,
7.210, 8.105, 8.110, 8.203, 8.205, and
8.302 of the Michigan Court Rules and
Addition of Rules 2.518 and 8.119
_____________________________________
On order of the Court, notice of proposed amendments to
Michigan Court Rules 2.113, 5.113, 5.901, 7.210, 8.105, 8.203,
8.205, and 8.302 and the addition of 2.518 and 8.119 having been
provided, and consideration having been given to the comments
received in response to that notice, the following amendments to
MCR 2.113, 5.113, 5.901, 7.210, 8.105, 8.203, 8.205, and 8.302 and
the addition of 2.518 and 8.119 are adopted effective immediately.
On order of the Court, the following amendment to MCR 8.110 is also
adopted effective immediately without notice.
ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been
deleted.
Bold text indicates new text.
RULE 2.113 FORM OF PLEADINGS AND OTHER PAPERS
(A) [Unchanged.]
(B) Preparation. Every pleading must be legibly typewritten
or printed in ink in the English language.
(C) Captions.
(1) The first part of every pleading must
contain a caption stating
(a) the name of the court;
(b) the names of the parties or the
title of the action, subject to subrule (D);
(c) the [file] case
number, including [a prefix containing the last
two digits of the year of the filing] a
prefix of the year filed and a two-letter suffix
for the case-type code (see MCR 8.117) according to
the principal subject matter of the proceeding;
[ (d) a case-type code (see MCR
8.117) according to the principal subject matter of
the suit];
(e)-(h) [renumbered (d)-(g) but
otherwise unchanged.]
(2)-(3) [Unchanged.]
(D) - (G) [Unchanged.]
RULE 2.518 RECEIPT AND RETURN OR DISPOSAL OF EXHIBITS
(A) Receipt of Exhibits. Exhibits introduced into evidence
at or during court proceedings shall be received and
maintained as provided by Michigan Supreme Court trial court
case file management standards.
(B) Return Or Disposal of Exhibits. At the conclusion of a
trial or hearing, exhibits should be retrieved by the parties
submitting them except that any weapons and drugs shall be
returned to the confiscating agency for proper disposition.
If the exhibits are not retrieved by the parties within 56
days after conclusion of the trial or hearing, the court may
properly dispose of the exhibits without notice to the
parties.
RULE 5.113 PAPERS; FORM AND FILING
(A) Form of Papers Generally.
(1) A petition, motion, inventory, report,
account, or other paper in a proceeding must
(a) be [legible and in ink,]
legibly typewritten or printed in ink in the
English language, and
(b) include the
(i) name of the court and
title of the proceeding in which it is filed;
(ii) [file]
case number, [if any,] including
[the case-type code] a prefix of the
year filed and a two-letter suffix for the
case-type code (see MCR 8.117) according
to the principal subject matter of the
proceeding, and if the case is filed under
the juvenile code, the petition number which
also includes a prefix of the year filed and a
two-letter suffix for the case-type code;
(iii)-(iv) [Unchanged.]
(c) [Unchanged.]
(2) [Unchanged.]
(B)-(C) [Unchanged.]
RULE 5.901 APPLICABILITY OF RULES
(A) Scope. The rules in this subchapter, [and] in
subchapter 1.100 and in rule 5.113, govern practice and
procedure in the family division of the circuit court in all
cases filed under the Juvenile Code. Other Michigan Court
Rules apply to such juvenile cases in the family division of
the circuit court only when this subchapter specifically
provides.
(B) [Unchanged.]
RULE 7.210 RECORD ON APPEAL
(A)-(D) [Unchanged.]
[(E) Use of Records. Until the record is sent to the
Court of Appeals, the parties may withdraw any transcripts and
exhibits filed in the case on written receipt to the clerk.
The party may retain the transcripts and exhibits only as long
as necessary to prepare an appellate brief and shall promptly
return them to the clerk.]
(E)-(F) [Formerly (F)-(G), redesignated, but otherwise
unchanged.]
(G[H]) Transmission of Record. Within 21 days after
the briefs have been filed or the time for filing the
appellee's brief has expired, or when the court requests,
the trial court or tribunal clerk shall send to the Court
of Appeals the record on appeal in the case pending on
appeal, except for those things omitted by written
stipulation of the parties. Weapons, drugs, or money are
not to be sent unless the Court of Appeals requests. The
trial court or tribunal clerk shall append a certificate
identifying the name of the case and the papers with
reasonable definiteness and shall include as part of the
record:
(1) a [list of docket entries] register of
actions in the case;
(2) all opinions, findings, and orders of the court or
tribunal; and
(3) the order or judgment appealed from.
Transcripts and all other documents which are
part of the record on appeal must be attached in one or
more file folders or other suitable hard-surfaced binders
showing the name of the trial court or tribunal, the
title of the case, and the file number.
(H)-(I) [Formerly (I)-(J), redesignated, but otherwise
unchanged.]
RULE 8.105 GENERAL DUTIES OF CLERKS
(A) [Unchanged.]
[(B) Filing of Papers. The clerk shall endorse on every
paper the date on which it is filed. The clerk shall keep a
file folder for each action, bearing the civil action number
assigned to it, in which the clerk shall keep all pleadings,
process, orders, and judgment filed in the action. The clerk
may not permit any record or paper on file in the clerk's
office to be taken from it without the order of the court.
] [(C) Access to Files.
] [ (1) Unless access to a file is restricted
by statute, court rule, or an order entered pursuant to
subrule (D), any person may inspect pleadings and other
papers in the clerk's office and may obtain copies as
provided in subrule (C)(2) and (C)(3).
] [ (2) If a person wishes to obtain copies
of papers in a file, the clerk shall provide copies upon
receipt of the cost of reproduction. If the clerk
prefers, he or she may permit the requesting person to
make copies at his or her own expense under the direct
supervision of the clerk.
] [ (3) A court, by administrative order
adopted pursuant to MCR 8.112(B), may make reasonable
regulations necessary to protect its public records and
prevent excessive and unreasonable interference with the
discharge of its functions.
] [(D) Sealed Records
] [ (1) Except as otherwise provided by
statute or court rule, a court may not enter an order
that seals courts records, in whole or in part, in any
action or proceeding, unless.
] [ (a) a party has filed a
written motion that identifies the specific
interest to be protected,
] [ (b) the court has made a
finding of good cause, in writing or on the record,
which specifies the grounds for the order, and
] [ (c) there is no less
restrictive means to adequately and effectively
protect the specific interest asserted.
] [ (2) In determining whether good cause has
been shown, the court must consider the interests of the
public as well as of the parties.
] [ (3) The court must provide any interested
person the opportunity to be heard concerning the sealing
of the records.
] [ (4) For purposes of this rule, "court
records" includes all documents and records of any nature
that are filed with the clerk in connection with the
action. Nothing in this rule is intended to limit the
court's authority to issue protective orders pursuant to
MCR 2.302(C).
] [ (5) A court may not seal a court order or
opinion, including an order or opinion that disposes of
a motion to seal the record.
] [ (6) Any person may file a motion to set
aside an order that disposes of a motion to seal the
record, or an objection to entry of a proposed order.
MCR 2.119 governs the proceedings on such a motion or
objection. If the court denies a motion to set aside the
order or enters the order after objection is filed, the
moving or objecting person may file an application for
leave to appeal in the same manner as a party to the
action.
] [ (7) Whenever the court grants a motion to
seal a court record, in whole or in part, the court must
forward a copy of the order to the Clerk of the Supreme
Court and to the State Court Administrative Office.
]
(B) Court Records and Reporting Duties. The clerk of
every circuit court shall maintain court records and make
reports as prescribed by MCR 8.119.
([E]C) Notice of Judgments, Orders, and
Opinions. Notice of a judgment, final order, written opinion
or findings filed or entered in a civil action in a court of
record must be given forthwith in writing by the court clerk
to the attorneys of record in the case, in the manner provided
in MCR 2.107.
[(F) Records Kept by the Clerk.
] [ (1) Suitable indexes of civil actions
must be kept by the clerk under the court's direction.
The clerk shall keep other records in the form and style
the court prescribes.
] [ (2) The clerk shall keep in such form as
may be prescribed by the court, the original of every
final judgment, written opinion, finding, appealable
order, or order affecting title to or lien on real or
personal property, and any other order which the court
may direct to be kept.]
([G]D) Filing of Assurance of Discontinuance
Under MCL 445.870; MSA 19.416(120). The clerk of every
judicial circuit shall, without charge, receive and file an
assurance of discontinuance accepted by the Attorney General
under MCL 445.870; MSA 19.416(120).
[(H) Reporting Duties.
] [ (1) The clerk of every court shall submit
reports and records as required by statute, including but
not limited to the duties prescribed by:
] [ (i) MCL 722.717; MSA 25.497
(paternity records);
] [ (ii) MCL 769.16a; MSA
28.1086(1) and MCL 712A.18(16); MSA
27.3178(598.18)(16) (criminal and
juvenile-offense dispositions and dismissals);
] [ (iii) MCL 333.2864; MSA
14.15(2864) (divorce records);
] [ (iv) MCL 333.16243(2); MSA
14.15(16243)(2) (medical malpractice judgments);
and
] [ (v) MCL 257.732; MSA 9.2432
and MCL 257.321a; MSA 9.202(1) (traffic
offenses).
] [ (2) The clerk of every court shall submit
reports as required by the State Court Administrative
Office.
]
RULE 8.110 CHIEF JUDGE RULE
(A) - (B) [Unchanged.]
(C) Duties and Powers of Chief Judge.
(1) - (6) [Unchanged.]
(7) Where a court rule or statute does not
already require it, the chief judge may, by
administrative order, direct the clerk of the court to
provide litigants and attorneys with copies of forms
approved by the state court administrator. In
addition, except when a court rule or statute specifies
that the court or clerk of the court must provide certain
forms without charge, the administrative order may
allow the clerk to provide the forms at the cost of
reproduction to the clerk.
(D) [Unchanged.]
RULE 8.116 SESSIONS OF COURT
(A) - (C) [Unchanged.]
(D) Access to Court Proceedings. When a court has ordered, or
has pending before it a request to order, a limitation on the
access of the public to court proceedings or records of those
proceedings that are otherwise public, any person may file a
motion to set aside the order or an objection to entry of the
proposed order. MCR 2.119 governs the proceedings on such a
motion or objection. If the court denies a motion to set
aside the order or enters the order after objection is filed,
the moving or objecting person may file an application
for leave to appeal in the same manner as a party to the
action. See MCR 8.119(F)(6).
RULE 8.119 COURT RECORDS AND REPORTS; DUTIES OF CLERKS
(A) Applicability. This rule applies to all actions in every
trial court except that subrule (D)(1) does not apply to civil
infractions.
(B) Records Standards. The clerk of the court shall comply
with the records standards in this rule and as prescribed by
the Michigan Supreme Court.
(C) Filing of Papers. The clerk of the court shall endorse
on the first page of every document the date on which it is
filed. Papers filed with the clerk of the court must comply
with Michigan Court Rules and Michigan Supreme Court records
standards. The clerk of the court may reject papers which do
not conform to MCR 2.113(C)(1) and MCR 5.113(A)(1).
(D) Records Kept by the Clerk. The clerk of the court of
every trial court shall keep records in the form and style the
court prescribes and in accordance with Michigan Supreme Court
records standards and local court plans. A court may adopt a
computerized, microfilm, or word-processing system for
maintaining records that substantially complies with this
subrule.
(1) Indexes and Case Files. The clerk shall
keep and maintain records of each case consisting of a
numerical index, an alphabetical index, a register of
actions, and a case file in such form and style as may be
prescribed by the Supreme Court. Each case shall be
assigned a case number on receipt of a complaint,
petition, or other initiating document. The case number
shall comply with MCR 2.113(C)(1)(c) or MCR
5.113(A)(1)(b)(ii) as applicable. In addition to the
case number, a separate petition number shall be assigned
to each petition filed under the Juvenile Code as
required under MCR 5.113(A)(1)(b)(ii). The case number
(and petition number if applicable) shall be recorded on
the register of actions, file folder, numerical index,
and alphabetical index. The records shall include the
following characteristics:
(a) Numerical Index. The clerk
shall maintain a numerical index as a list of
consecutive case numbers on which the date of
filing and the names of the parties are recorded.
The index may be maintained either as a central
index for all cases filed in the court or as
separate lists for particular types of cases or particular divisions of the
court.107283(139)(140)
(b) Alphabetical Index. The clerk
shall maintain a central alphabetical index or
separate alphabetical indexes for particular
types of cases or particular divisions of the
court on which the date of filing, names of all
parties, and the case number are recorded.
(c) Register of Actions. The clerk
shall keep a case history of each case, known as
a register of actions. The register of actions
shall contain both pre- and post-judgment
information. When a case is commenced, a
register of actions form shall be created. The
case identification information in the
alphabetical index shall be entered on the
register of actions. In addition, the following
shall be noted chronologically on the register of
actions as it pertains to the case: the offense
(if one); the judge assigned to the case; fees
paid; date and title of each filed document;
process issued and returned; date of service;
date of each event and type and result of action;
date of scheduled trials, hearings, and all other
appearances or reviews; orders; judgments;
verdicts; the judge at adjudication and
disposition; date of adjudication and
disposition; manner of adjudication and
disposition. Each notation shall be brief, but
shall show the nature of each paper filed, each
order or judgment of the court, and the returns
showing execution. Each notation shall be dated
with not only the date of filing,but with the
date of entry and shall indicate the person
recording the action.
(d) Case File. The clerk of the
court shall maintain a file folder for each
action, bearing the case number assigned to it,
in which the clerk shall keep all pleadings,
process, written opinions and findings, orders,
and judgments filed in the action. Additionally,
the clerk shall keep in the file all other
documents prescribed by court rule, statute, or
as ordered by the court. If other records of a
case file are maintained separately from the file
folder, the clerk shall keep them as prescribed
by case file management standards.
(2) Calendars. The clerk may maintain
calendars of actions. A calendar is a schedule of cases
ready for court action that identifies times and places
of activity.
(3) Abolished Records.
(a) Journals. Except for recording
marriages, journals shall not be maintained.
(b) Dockets. A register of actions
replaces a docket. Wherever these rules or
applicable statutes require entries on a docket,
those entries shall be entered on the register of
actions.
(4) Other Records. The clerk shall keep in
such form as may be prescribed by the court, other
papers, documents, materials, and things filed with or
handled by the court including but not limited to wills
for safekeeping, exhibits and other discovery materials,
requests for search warrants, marriage records, and
administrative activities.
(E) Access to Records. The clerk may not permit any record
or paper on file in the clerk's office to be taken from it
without the order of the court.
(1) Unless access to a file, a document, or
information contained in a file or document is restricted
by statute, court rule, or an order entered pursuant to
subrule (F), any person may inspect pleadings and other
papers in the clerk's office and may obtain copies as
provided in subrule (E)(2) and (E)(3).
(2) If a person wishes to obtain copies of
papers in a file, the clerk shall provide copies upon
receipt of the reasonable cost of reproduction. If the
clerk prefers, the requesting person may be permitted to
make copies at personal expense under the direct
supervision of the clerk. Except for copies of
transcripts or as otherwise directed by statute or court
rule, a standard fee may be established for providing
copies of papers in a file.
(3) A court is not required to create a new
record, except to the extent required by furnishing
copies of a file, paper, or record. A court may create
a new record or compilation of records pertaining to case
files or case-related information on request, provided
that the record created or compiled does not disclose
information that would otherwise be confidential or
restricted by statute, court rule, or an order entered
pursuant to subrule (F).
(4) Every court, shall adopt an administrative
order pursuant to MCR 8.112(B) to
(a) make reasonable regulations
necessary to protect its public records and prevent
excessive and unreasonable interference with the
discharge of its functions;
(b) specify the reasonable cost of
reproduction of records provided under subrule
(E)(2); and
(c) specify the process for
determining costs under subrule (E)(3).
(F) Sealed Records
(1) Except as otherwise provided by statute or
court rule, a court may not enter an order that seals
courts records, in whole or in part, in any action or
proceeding, unless
(a) a party has filed a written
motion that identifies the specific interest to be
protected,
(b) the court has made a finding of
good cause, in writing or on the record, which
specifies the grounds for the order, and
(c) there is no less restrictive
means to adequately and effectively protect the
specific interest asserted.
(2) In determining whether good cause has been
shown, the court must consider the interests of the
public as well as of the parties.
(3) The court must provide any interested
person the opportunity to be heard concerning the sealing
of the records.
(4) For purposes of this rule, "court records"
includes all documents and records of any nature that are
filed with the clerk in connection with the action.
Nothing in this rule is intended to limit the court's
authority to issue protective orders pursuant to MCR
2.302(C).
(5) A court may not seal a court order or
opinion, including an order or opinion that disposes of
a motion to seal the record.
(6) Any person may file a motion to set aside
an order that disposes of a motion to seal the record, or
an objection to entry of a proposed order. MCR 2.119
governs the proceedings on such a motion or objection.
If the court denies a motion to set aside the order or
enters the order after objection is filed, the moving or
objecting person may file an application for leave to
appeal in the same manner as a party to the action. See
MCR 8.116(D).
(7) Whenever the court grants a motion to seal
a court record, in whole or in part, the court must
forward a copy of the order to the Clerk of the Supreme
Court and to the State Court Administrative Office.
(G) Reporting Duties.
(1) The clerk of every court shall submit
reports and records as required by statute and court
rule.
(2) The clerk of every court shall submit
reports or provide records as required by the State Court
Administrative Office, without costs.
RULE 8.203 RECORDS AND ENTRIES KEPT BY CLERK
The clerk of every district court shall maintain court records
and make reports as prescribed by MCR 8.119.[
(A) Applicability. This rule apples to all actions except
civil infractions. A court may adopt a computerized,
microfilm, or word-processing records system that
substantially complies with this rule.
(B) Indexes and Files. The clerk shall keep and maintain
records of each case consisting of a numerical index, an
alphabetical index, a register of actions, and a case file in
such form and style as may be prescribed by the Supreme Court.
Each case shall be assigned a case number on receipt of the
complaint, with a prefix identifying the last two digits of
the year filed. A suffix code may be included to designate a
case type. The case number of each case shall be recorded on
the register of actions, file folder, numerical index, and
alphabetical index. The records shall include the following
characteristics:
] [ (1) Numerical Index. The clerk shall
maintain the numerical index as a list of consecutive
case numbers on which the date of filing and the names of
the parties are recorded. The index may be maintained
either as a central index for all cases filed in the
district or as separate lists for particular types of
cases or particular divisions of the court.
] [ (2) Alphabetical Index. The clerk shall
maintain an alphabetical central card file index or
separate alphabetical card indexes for particular types
of cases or particular divisions of the court.
] [ (a) In civil actions, one
alphabetical index shall include the names of all
parties and the case number.
] [ (b) In criminal cases, one
alphabetical index shall include the defendant's
name, the case number, and the offense charged.
] [ (3) Register of Actions. The clerk shall
keep a record of each case known as a register of
actions. When a case is commenced, a register of actions
form shall be prepared and placed in the file folder.
The case identification information in the alphabetical
index shall be entered on the register of actions. In
addition, fees paid, papers filed, process issued and
returned, and court actions, orders, judgments, and
verdicts pertaining to the case shall be noted
chronologically on the register of actions. Each
notation shall be brief, but shall show the nature of
each paper filed, each order or judgment of the court,
and the returns showing execution. Each notation shall
be dated and initialed by the person recording the
action.
] [ (4) Case File. The clerk shall maintain
a file folder for each case commenced that contains the
pleadings, orders, judgments, and other documents filed
in the case.
(C) Calendars. The clerk may maintain calendars of actions.
A calendar is a schedule of cases ready for court action that
identified times and places of activity.
] [(D) Abolished Records.
] [ (1) Journals. Journals are not required
in the district court.
] [ (2) Dockets. A register of actions
replaces a docket. Wherever these rules or applicable
statutes require entries on a docket, those entries shall
be entered on the register of actions.
]RULE 8.205 MAGISTRATES
[ (A) Magistrate Dockets and Reports.]
[ (1) Each magistrate shall maintain a docket of
magisterial action in the form preseribed by the state
court administrator and shall file a certified copy of
the docket with the district court clerk on the last
business day of each calendar year.
] [ (2) On the first business day of January,
April, July, and October of each year, each magistrate
shall submit to the chief judge of the district or
division in which the magistrate serves a report in the
form prescribed by the state court administrator covering
the preceding 3 months. This report must be based on and
concur with the docket of magisterial action.
(B) Identification of Magistrates.] The court shall
provide the name, address, and telephone number of each
magistrate to the clerk of the district court for the district
in which the magistrate serves.
RULE 8.302 DOCUMENTS AND FILES
Original orders and letters of authority, after being recorded,
must be placed in the files of the court. For security purposes,
testamentary documents of deceased persons, bonds, orders, and such
other documents as the court directs must be copied by microfilming
or other means promptly after filing or issuance and preserved in
the records of the court separately from the files.
In addition, the clerk of every probate court shall maintain
court records and make reports as prescribed by MCR 8.119.
STAFF COMMENT: The amendments of MCR 2.113, 5.113, 5.901,
7.210, 8.105, 8.110, 8.116, 8.203, 8.205, and 8.302 and the
addition of MCR 2.518 and 8.119 are to accommodate statewide
records standards applicable to all courts and all clerks of the
courts as developed and recommended by the Michigan Trial Court
Case File Management Standards Committee.
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.