Proposed & Recently Adopted Orders on Admin Matters

​Chapter 3  Special Proceedings and Actions

 2013-18 - Proposed Amendments REgarding Videoconferencing

Proposed Amendmen​t:	​Proposed Amendments of Rules 3.210, 3.215, and 6.104 of the Michigan Court Rules and Proposed New Rule 8.124 of the Michigan Court Rules
​Issued:	​May 1, 2013
​Comment Period Expiration:	​September 1, 2013
​Public Hearing:	​To be scheduled.

 

• Roger D. Thome, Court Reporter (05/09/13)

Adopted or Other Action:	​
​Issued:	​
​Effective:	​

 

2012-04 - Proposed amendment of MCR 3.218 would codify state and federal statutory and regulation revisions that have occurred in the last decade and would add specificity to the existing language of the rule

 

​Proposed Amendment:	​Proposed Amendment of MCR 3.218
​Issued:	​April 3, 2013
​Comment Period Expiration:	​August 1, 2013
​Public Hearing:	​To be scheduled.

 

 

 

Adopted or Other Action:	​
​Issued:	​
​Effective:	​

 

 

 

2013-02 - Amendments incorporate provisions of the newly enacted Michigan Indian Family Preservation Act related to various provisions regarding child protective proceedings and juvenile status offenses 

 

​Adopted:	​Amendments of MCR 3.002, 3.800, 3.802, 3.807, 3.903, 3.905, 3.920, 3.921, 3.935, 3.961, 3.963, 3.965, 3.967, 3.974, 3.977, and 5.402, effective immediately (pending public comment period and public hearing)
​Issued:	​March 20, 2013
​Comment Period Expiration:	July 1, 2013​
​Public Hearing:	​To be scheduled.

 

 

Comments: 

• Mathew Kobliska, Court Rules & Ethics Committee Co-Chair, Family Law Section, State Bar of Michigan (05/07/13)

 

 

 

​Retained or Other Action:	​
​Issued:	​
​Effective:	​

 

 

  

2011-25 - Adopted amendment makes a periodic writ of garnishment 182 days regardless of type of income garnished to conform to recent statutory changes

​Adopted:	​Amendment of MCR 3.101, effective immediately (pending public comment period​ and public hearing)
​Issued:	​October 24, 2012
​Comment Period Expiration:	​February 1, 2013
​Public Hearing:	​May 29, 2013

 

 

Comments:

•  Janet K. Welch, Executive Director, State Bar of Michigan, Board of Commissioners (02/01/13)

  

 

​Retained or Other Action:	​
Issued:​	​
​Effective:	​

 

 

2012-19 - Proposed Implementation of Statutory Changes Regarding Child Protective Proceedings 

​Proposed Amendment:	​Proposed Amendment of MCR 3.913, 3.963, 3.965, and MCR 3.974
​Issued:	​October 24, 2012
​Comment Period Expiration:	​February 1, 2013
​Public Hearing:	​May 29, 2013

 

Comments:

• Jan E. Strand, Attorney (01/31/13)
• Bobbi S. Barnes-Hines, Attorney, Coonen Barnes Legal Group, PLLC (01/31/13)
• Janet K. Welch, Executive Director, State Bar of Michigan, Board of Commissioners (02/01/13)
• Tina Yost (02/01/13)
• Gary A. Russell, Clos, Russell & Wirth, P.C. (02/01/13)
• John R. Ceci, Attorney, John Ceci PLLC (02/01/13)
• Craig E. Feringa (02/01/13)
• Jeffrey Irwin Rothstein (02/01/13)
• Joanne V. Adam, Attorney (02/01/13)
• Jennifer M. Paine, Attorney, Cordell & Cordell (02/01/13)
• Joseph M. Fletcher, Esq., Bleich, Mais, Sible & Fletcher (02/01/13)
• Lynn Perry (02/01/13)
• John D. Kmetz, Circuit Court Referee, 17th Judicial Circuit, Kent County (02/01/13)
• Jeanne M. Hannah, Family Law Attorney (02/01/13)
• Christopher S. Erickson, Attorney (02/01/13)
• John W. Unger (02/04/13)
• Katherine Shensky, Attorney, Wood Kull Herschfus Obee & Kull PC (02/04/13)
• Diana Langdon, Attorney (02/05/13)
• The Honorable Elwood L. Brown, President, Michigan Probate Judges Association (02/11/13)

  

​Adopted or Other Action:	​
​Issued:	​
​Effective:	​

 

 

2012-20 - Proposed amendment would provide that the youth and DHS may access the otherwise confidential records contained in the file of a young adult foster care youth, and, also, would eliminate the requirement that the petition and order be served on the previous court in which the case was disposed

Proposed Amendment:​	Proposed Amendment of MCR 3.616​
Issued:​	September 19, 2012​
Comment Period Expiration:​	January 1, 2013​
Public Hearing:​	January 30, 2013

• The Honorable Timothy G. Hicks, President, Michigan Judges Association (11/06/12)
• Janet K. Welch, Executive Director, State Bar of Michigan, Board of Commissioners (12/17/12)
• The Honorable Elwood L. Brown, President, Michigan Probate Judges Association (01/28/13)

Adopted:​	​Amendment of MCR 3.616
Issued:​	February 6, 2013​
Effective:​	​May 1, 2013

2012-13 - Would require a court to state on the record the reason that no petition for termination of parental rights need be filed so that future auditors who review the state's foster care program would know that the court explicitly chose that option

Proposed Amendment:​	Proposed Amendment of MCR 3.976​
Issued:​	September 19, 2012​
Comment Period Expiration:​	January 1, 2013​
Public Hearing:​	January 30, 2013

 

Comments:

•  The Honorable Timothy G. Hicks, President, Michigan Judges Association (11/06/12)
• Janet K. Welch, Executive Director, State Bar of Michigan, Board of Commissioners (12/05/12)
• The Honorable Elwood L. Brown, President, Michigan Probate Judges Association (01/28/13)

 

 

Adopted:​	​Amendment of MCR 3.976
Issued:​	​February 6, 2013
Effective:​	​May 1, 2013

 

 

2012-12 - Proposed clarification and procedures for retention and destruction of various records in juvenile cases

Proposed Amendment:​	Proposed Amendment of MCR 3.925​
Issued:​	September 19, 2012​
Comment Period Expiration:​	January 1, 2013​
Public Hearing:​	January 30, 2013

 

 Comments:

• The Honorable Timothy G. Hicks, President, Michigan Judges Association (11/06/12)
• Janet K. Welch, Executive Director, State Bar of Michigan, Board of Commissioners (12/05/12)
• The Honorable Elwood L. Brown, President, Michigan Probate Judges Association (01/28/13)

 

Adopted:​	​Amendment of MCR 3.925
Issued:​	​February 6, 2013
Effective:​	​May 1, 2013

 

 

2011-28 - Various rule Amendments to reflect changes to correct minor technical errors that have occurred in drafting and to correct cross-references

Amendment:	Amendments of MCR 3.931, 3.977, 4.101, 4.201, 4.202, 4.401, 5.101, 6.610, 6.625, 6.907, 7.104, 7.105, 7.108, 7.116, 7.118, 7.119, 7.121, 7.123, 7.215, 7.309, and MCR 7.317
Issued:	August 24, 2012
Effective:	August 24, 2012

 

2012-10 -  Judicial Action Requirements of 2011 PA 225 and 2011 PA 229

Proposed Amendment:	​Proposed Amendment of MCR 3.979
​Issued:	April 18, 2012
​Comment Period Expiration:	​August 1, 2012
Public Hearing:	September 27, 2012

• Janet K. Welch, Executive Director, State Bar of Michigan, Board of Commissioners (07/31/12)
• The Honorable Timothy Hicks, President, Michigan Judges Association (09/17/12)

  

Adopted or Other Action:​	Amendment of MCR 3.979​
Issued:​	October 3, 2012​
Effective:​	January 1, 2013

2012-05 -  New MCR 3.616 implements the judicial action requirements of 2011 PA 225 (young adult foster care act)

 

• Janet K. Welch, Executive Director, State Bar of Michigan (04/30/12)
• The Honorable Timothy G. Hicks, President, Michigan Judges Association (03/26/12)

 

2010-33 - New court rule would require trial court judge to set deadline for arbitration proceedings and approve extensions of the deadlines; also rule would allow arbitrators to issue interim awards during arbitration proceedings

• The Honorable Timothy G. Hicks, President, Michigan Judges Association (01/27/12)
• Janet K. Welch, Executive Director, State Bar of Michigan, Executive Committee (03/29/12)
• Carol F. Breitmeyer, Court Rules Chair, Family Law Council (03/29/12)
• James J. Harrington III (03/30/12)
• Ronald M. Bookholder (03/30/12)
• Carlo J. Martina P.C. (04/20/12)

2006-04 - in proceedings affecting children, the proposal would Remove the requirement to file new action as a supplemental complaint allowing trial courts to consolidate cases in a way that is more compatible with trial court case management systems

• Sheldon G. Larky (12/30/11)
• The Honorable Timothy G. Hicks, President, Michigan Judges Association (01/27/12)
• Steven M. Willis (03/29/12)
• David G. Case (04/02/12)
• Janet K. Welch, Executive Director, State Bar of Michigan, Executive Committee (04/02/12)

2010-32 - Entry of default and default judgment in domestic relations cases and clarification of related procedural issues

• The Honorable Elwood L. Brown, Probate Judge, Family Division, St. Clair County (12/27/11)
• The Honorable Timothy G. Hicks, President, Michigan Judges Association (01/27/12)
• The Honorable Kathleen A. Feeney, 17th Judicial Circuit Court (03/29/12)
• Janet K. Welch, Executive Director, State Bar of Michigan, Executive Committee (03/29/12)
• Connie Thacker, Chair, Family Law Section & Family Law Council (received 4/19/12)
• Monika Holzer Sacks (05/17/12)
• Margaret Nichols (05/23/12)
• The Honorable Elwood L. Brown, Michigan Probate Judges Association (01/16/13)
• The Honorable Lita M. Popke, President, Michigan Judges Association (3/11/13)
• Janet K. Welch, Executive Director, State Bar of Michigan, Executive Committee (03/25/13)

  

2006-47 - Rule Revisions regarding Access to Court Records (On April 4, 2012, the Court entered an order Extending the comment Period deadline for these proposed amendments, except MCR 1.109, from April 1, 2012 to September 1, 2012)

• Rebekah Mason Visconti, Office of Legal Services Director, Department of Human Services (02/08/12)
• The Honorable Susan M. Moiseev, the Honorable Shelia R. Johnson, and the Honorable Bill Richards, 46th District Court (03/22/12)
• The Honorable Kirk Tabbey, 14A District Court (03/22/12)
• Dave Walsh, President, Southeast Michigan Court Administration Association (03/26/12)
• The Honorable Timothy G. Hicks, President, Michigan Judges Association (03/26/12)
• Dawn Van Hoek, Director, State Appellate Defender Officer (03/28/12)
• Legal Aid Attorneys (03/29/12)
• The Honorable Milton Mack, Jr. (03/29/12)
• Janet K. Welch, Executive Director, Executive Committee, State Bar of Michigan (03/29/12)
• Rebecca A. Schnelz, Probate Court Administrator, and Jill Koney Daly, Probate Register, Oakland  County Probate Court (03/30/12)
• Liisa R. Speaker, Chair, Appellate Practice Section (04/01/12)
• Patrick M. Clawson (04/02/12)
• Jeff Kirkpatrick, Director Legislative Affairs (for Michigan Court Officers, Deputy Sheriffs and Process Servers' Association) (04/02/12)
• Tabitha Wedge, MCAA President (for Michigan Court Administration Association) (04/02/12)
• The Honorable Timothy Hicks, President, Michigan Judges Association (04/23/12)
• Herschel P. Fink on behalf of the Detroit Free Press (09/04/12)
• James E. Stewart on behalf of The Detroit News (09/04/12)
• Patrick M. Clawson (09/04/12)
• John J. Ronayne, III, Counsel, Michigan Association of Broadcasters (09/04/12)
• The Honorable Timothy Hicks, President, Michigan Judges Association (09/17/12)