March 11, 2003

2002-53

Proposed Amendment of 
Rules 1.109 and 2.113 of
the Michigan Court Rules
__________________________

     On order of the Court, this is to advise that the Court is considering amendment of Rules
1.109 and 2.113 of the Michigan Court Rules.  Before determining whether the proposal should
be adopted, changed before adoption, or rejected, this notice is given to afford interested persons
the opportunity to comment on the form or the merits of the proposal, or to suggest alternatives. 
The Court welcomes the views of all.  This matter will be considered at a public hearing by the
Court before final adoption or rejection.  The schedule and agendas for public hearings are posted
on the Court's website, www.courts.michigan.gov/supremecourt.

     Publication of this proposal 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 present language of MCR 1.109 and 2.113 would be amended as indicated below by
underlining for new text and overstriking for text that would be deleted.]


Rule 1.109 Letter-Size Paper and Type Size Standards

     All pleadings and other papers prepared for filing in the courts of this state must be on
good quality paper not exceeding 8 ½ inches wide by 11 inches long, and the printing shall
not be smaller than 12-point type.  This requirement does not apply to attachments and
exhibits, but parties are encouraged to reduce or enlarge such papers to 8 ½ by 11 inches, if
practical.  Court clerks may not accept nonconforming papers except on written direction of a
judge.

Rule 2.113 Form of Pleadings and Other Papers

     (A)  [Unchanged.]

     (B)  Every pleading must be [legibly typewritten or] printed [in ink] in
the English language in print not smaller than 12-point type.

     (C) - (G) [Unchanged.]


  Staff Comment:  The proposed amendments of MCR 1.109 and MCR 2.113 are
intended to establish a uniform type size for all pleadings and other papers filed in Michigan
courts.  The 12-point minimum is currently in effect for all briefs filed at the Court of Appeals,
MCR 7.212(B), and for all applications and briefs filed at the Supreme Court, MCR 7.302,
7.304, 7.306, and 7.309.  The proposed amendments would bring all court filings into conformity
with this standard.  The proposed change is not intended to preclude the filing of typewritten or
legible handwritten pleadings, provided they meet the size requirements.  

          The staff comment is published only for the benefit of the bench and bar and is
     not an authoritative construction 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
these proposals may be sent to the Supreme Court Clerk in writing or electronically by July 1,
2003, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov.  When filing a
comment, please refer to ADM File No. 2002-53.  Your comments and the comments of others
will be posted at www.courts.michigan.gov/supremecourt.