June 29, 2000



99-35
99-56

                         
Proposed Amendment of Rules 7.202,
7.212, and 7.215 of the Michigan 
Court Rules
__________________________________


          On order of the Court, this is to advise that the Court
is considering amendment of Rules 7.202, 7.212, and 7.215 of the
Michigan Court Rules.  Before determining whether the proposals
should be adopted, changed before adoption, or rejected, this
notice is given to afford any interested person the opportunity
to comment on the form or the merits of the proposals.  We
welcome the views of all who wish to address the proposals or who
wish to suggest alternatives.  Before adoption or rejection,
these proposals will be considered at a public hearing by the
Court.  The Clerk of the Court will publish a schedule of future
public hearings.

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of these
proposals does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposals in
their present form.

            [The rules would be amended as follows.]

ICLE Editor's Note:

Rule 7.202     Definitions

For purposes of this subchapter:

     (1) - (6) [Unchanged.]

     (7)  "final judgment" or "final order" means:

          (a) [Unchanged.]

          (b)  In a criminal case,

               (i) – (iii) [Unchanged.]

              (iv)  a sentence imposed, or order entered,
                    by the trial court following a remand from an
                    appellate court in a prior appeal of
                    right; or

               (v)  [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)](H), 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) - (F) [Unchanged.]

(G)     Standard 11 Briefs.  Any brief filed in
               accordance with minimum standard 11 of
               Administrative Order No. 1981-7 shall be filed
               within 84 days after the filing of the appellant's
               brief and is limited to 20 pages in the form
               provided by subrule (B).

(H) - (J) [Formerly (G) - (I), redesignated, but otherwise
          unchanged.]



Rule 7.215     Opinions, Orders, Judgments, and Final Process From
               Court of Appeals 

(A)  Opinions of Court.  An opinion must be written and bear the
     writer's name or the label "per curiam" or "memorandum"
     opinion.  The Supreme Court reporter of decisions shall not
     publish a memorandum opinion, and a per curiam [or
     memorandum] opinion shall not be published unless
     [a majority] one of the judges deciding the
     case directs the reporter to do so at the time it is filed
     with the clerk.  A copy of an opinion to be published must
     be delivered to the reporter no later than when it is filed
     with the clerk.  The reporter is responsible for having
     those opinions published as are opinions of the Supreme
     Court, but in separate volumes containing opinions of the
     Court of Appeals only, in a form and under a contract
     approved by the Supreme Court.

(B) – (C) [Unchanged.]

(D)  Requesting Publication. [NEW]

     (1)  Any person may request publication of an authored or
          per curiam opinion not designated for publication by

          (a)  filing with the clerk 4 copies of a letter stating
               why the opinion should be published, and

          (b)  mailing a copy to each party to the appeal not
               joining in the request, and to the clerk of the
               Supreme Court.

          Such a request must be filed within 21 days after
          release of the unpublished opinion or, if a timely
          motion for rehearing is filed, within 21 []days
          after the denial of the motion.

     (2)  Any party served with a copy of the request may file a
          response within 14 days in the same manner as provided
          in subrule (D)(1).

     (3)  Promptly after the expiration of the time provided in
          subrule (D)(2), the clerk shall submit the request, and
          any response that has been received, to the panel that
          filed the opinion.  Within 21 days after submission of
          the request, the panel shall decide whether to direct
          that the opinion be published.  The opinion shall be
          published only if the panel unanimously so directs.
          Failure of the panel to act within 21 days shall be
          treated as a denial of the request. 

     (4)  The Court of Appeals shall not direct publication if
          the Supreme Court has denied an application for leave
          to appeal under MCR 7.302.

(E) – (I) [Formerly (D) – (H), redesignated, but
               otherwise unchanged.]


Staff Comment:  The proposed amendments of MCR 7.202,
7.212, and 7.215(A) were submitted by the Court of Appeals. 
Proposed MCR 7.215(D) is based on a suggestion by the Appellate
Practice Section of the State Bar of Michigan.

The proposed amendment of MCR 7.202(7)(b)(iv) would make certain
orders entered by the trial court on remand from an appellate
court appealable of right.

Proposed new MCR 7.212(G) would place limits on the time for
filing and length of briefs filed in accordance with Standard 11
of the Minimum Standards for Indigent Criminal Appellate Defense
Services.  See Administrative Order 1981-7.  Note that in a
separate order entered June 29, 2000, the Court has published for
comment a proposal to delete Standard 11.

The proposed amendment to MCR 7.215(A) would permit a single
judge of the Court of Appeals panel to designate an opinion for
publication.

Proposed new MCR 7.215(D) would re-establish a procedure under
which persons could request publication of a Court of Appeals
opinion that was not initially designated for publication.  A
former provision to that effect was deleted in 1995.

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

          _____________________________________________

          Publication of this proposal does not mean
          that the Court will issue an order on the
          subject, nor does it imply probable adoption
          in its present form.  Timely comments will be
          substantively considered, and your assistance
          is appreciated by the Court.                 
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they
can make the notifications specified in MCR 1.201.  Comments on
this proposal may be sent to the Supreme Court clerk by
October 1, 2000.  When filing a comment, please refer to our file
Nos. 99-35 and 99-56.