Navigate Up
Sign In

​Amended MSC Court Rules

Amendments to Subchapter 7.300 of the Michigan Court Rules—the rules applicable to the Michigan Supreme Court (MSC)—took effect on September 1, 2015.  

 
The revised Subchapter 7.300 rules are renumbered to be consistent with the numbering scheme of the Subchapter 7.200 rules, which apply to the Court of Appeals (COA).  As one example, the former motion practice rule for the MSC was MCR 7.313, while the COA rule is MCR 7.211.  The amended MSC rule is now MCR 7.311.  A comparison table shows the numbering schemes of the former MSC rules, the amended MSC rules, and the COA rules.
 

The substantive amendments of the Subchapter 7.300 rules reflect the MSC’s current needs and practices, establish clearer procedures, or provide the MSC with greater control over its docket.  Among the more significant substantive revisions, the new rules:

  • Reduce the number of hard copies of applications or original actions, answers, replies, and motions (except rehearing) from eight to four. MCR 7.305(A)(1) & (D); MCR 7.306(B), (C) & (D); MCR 7.311(A)(1)& (D)
  • Reduce the number of hard copies of briefs in calendar cases and motions for rehearing from 24 to 14.  MCR 7.312(F); MCR 7.311(F)(1)(a).
  • Eliminate the requirement that the filing party submit a notice of hearing date for an application for leave to appeal, original action, or motion.  Hearing dates are now governed by the time requirements of the amended court rules.  MCR 7.305(A); MCR 7.306(B); MCR 7.311(B).  A leave application or an original action may be submitted after the reply brief has been filed or the time for filing such has expired, whichever occurs first.  Motions are submitted on the first Tuesday at least 14 days after filing, although administrative-type motions may be submitted earlier to advance the efficient administration of the Court. 
  • Add COA original action to the list of pre-COA decision matters for which an application must be filed within 42 days.  MCR 7.305(C)(1)(c).
  • Refer to the appellee’s responsive pleading as an “answer,” consistent with COA practice, rather than an “opposing brief.” MCR 7.305(D).
  • Provide that the submission of a non-conforming pleading (application or original action) does not satisfy the time limitation for filing the pleading if it is not corrected within the time specified by the Clerk’s Office. MCR 7.305(F); MCR 7.306(F).
  • Create a separate rule for cross appeals, MCR 7.307, and clarify that a cross application is not required to advance alternative arguments in support of the judgment/order being appealed but is required if new or different relief is sought. MCR 7.307(B). 
  • Allow the parties to stipulate in writing regarding any matter constituting the basis for an application for leave to appeal or regarding any matter relevant to a part of the record on appeal, consistent with the COA practice. MCR 7.310(C).
  • Prohibit the Clerk’s Office from accepting a late motion for rehearing or a motion for reconsideration of an order denying rehearing. MCR 7.311(F)(5).  
  • Consolidate provisions from existing MCR 7.306 (Briefs in Calendar Cases), 7.307 (Appellant’s Appendix), 7.308 (Appellee’s Appendix), and 7.309 (Preparation, Filing, and Serving Briefs and Appendixes). MCR 7.312.
  • Allow the filing of supplemental authority, consistent with the COA practice.  MCR 7.312(I).
  • Specify that the MSC, on its own initiative, may extend, not just shorten, the time for briefing. MCR 7.312(J)(1).
  • Require a motion to obtain oral argument when it was not reserved or was forfeited. MCR 7.313(B)(2).
  • Specify that each side arguing a case on the application is limited to 15 minutes of argument unless the MSC orders otherwise. MCR 7.314(B)(2).
  • Allow a case to be placed on the no progress docket when the time has passed under the court rules or by court order for filing the appellant’s brief, rather than 182 days after the time for filing the appellant’s brief. MCR 7.317(A).
  • Provide that an involuntarily dismissed case may be reinstated if a conforming brief and a motion showing mistake, inadvertence, or excusable neglect are filed within 21 days of the dismissal order.  Also prohibit the Clerk’s Office from accepting a late-filed motion to reinstate. MCR 7.317(C).
  • Authorize the MSC to impose costs in an order granting a stipulated dismissal of a case that was scheduled for oral argument if the stipulation was received less than 21 days before the first day of the monthly session. MCR 7.318
  • Authorize the MSC to impose costs on a party or attorney for violation of the court rules, consistent with COA court rule MCR 7.219(I). MCR 7.319(D).

 

​ ​

O​ffice Hou​​rs

8:30AM-5:00PM

Monday-Friday


Clerk of the Michigan Supreme Court

 
Mailing Address:
PO Box 30052
Lansing, MI 48909
 
Street Address:
Michigan Hall of Justice
925 W. Ottawa Street
Lansing, MI 48915
 
Phone: (517) 373-0120
 

Email suggestions or comments about the Clerk's Office to MSC_Clerk@courts.mi.gov​.​


ADA COORDINATOR

Abigail Tithof

(517) 373-9435

TithofA@courts.mi.gov

​​​​​​​​