By Lee Dryden
BridgeTower Media Newswires
A variety of matters including the alternative dispute resolution process in Friend of the Court, restitution and discovery rules are on the agenda for comment at a May 22 Michigan Supreme Court public hearing.
The hearing will begin at 9:30 a.m. and adjourn no later than 11:30 a.m. in the Supreme Court courtroom on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa St. in Lansing.
Those who wish to address the high court will be allotted three minutes each to present their views, after which speakers may be questioned by the justices. Comments must pertain directly to an agenda item.
To reserve a place on the agenda, notify the Office of Administrative Counsel in writing at P.O. Box 30052, Lansing, 48909, or by e-mail at ADMcomment@courts.mi.gov, no later than May 20.
Some agenda items below include court staff comments that explain the proposed changes. Learn more at bit.ly/2GUP2Zu.
2002-37, Proposed Amendment of MCR 1.109 and Proposed Administrative Order 2019-XX. Published at 503 Mich ___ (2019).
Whether to adopt the proposed amendment of MCR 1.109 regarding the process for exemption from e-filing and whether to adopt proposed administrative order 2019-XX to require courts who seek to mandate e-filing to submit a plan for assistance to self-represented litigants for approval by the State Court Administrative Office.
2017-17, Proposed Amendments of MCR 6.001, 6.006, 6.425, 6.427, 6.610, 7.202, and 7.208 and Proposed Addition of MCR 6.430. Published at 503 Mich ___ (2018).
Whether to adopt the proposed amendments of MCR 6.001, 6.006, 6.425, 6.427, 6.610, 7.202, and 7.208 and the proposed addition of MCR 6.430 to regulate the way restitution orders are entered, modified and appealed in criminal cases.
The proposed amendments would more explicitly require restitution to be ordered at the time of sentencing as required by statute, and would establish a procedure for modifying restitution amounts. This published version was based on an original submission from the State Appellate Defender Office, but includes additional revisions and alternative language as well.
2017-28, Proposed Amendments of MCR 1.109 and 8.119, Proposed Rescission of Administrative Order 2006-2, and Proposed Amendment of Administrative Order 1999-4. Published at 503 Mich ___ (2018).
Whether to adopt the proposed amendments of MCR 1.109 and 8.119, the proposed rescission of AO 2006-2, and proposed amendment of AO 1999-4 to make certain personal identifying information nonpublic and clarify the process regarding redaction.
2018-06, Proposed Amendments of MCR 1.111 and 8.127. Published at 503 Mich ___ (2018).
Whether to adopt the proposed amendments of MCR 1.111 and 8.127 to require additional testing for qualified interpreters and change the date that annual renewal applications are due.
These two proposals, which would promote greater confidence that a qualified foreign language interpreter is proficient in the language and would reduce the possibility that renewals are delayed, were recommended to the court by the Foreign Language Board of Review.
2018-13, Proposed Addition of MCR 3.22X. Published at 503 Mich ___ (2018).
Whether to adopt the proposed addition of MCR 3.22X regarding the alternative dispute resolution process within the Friend of the Court.
This proposal was developed by a workgroup facilitated by SCAO’s Friend of the Court division to make more uniform the ADR processes used by Friend of the Court offices.
2018-19, Proposed Amendments of Various Rules Relating to Civil Discovery. Published at 503 Mich ___ (2018).
Whether to adopt the proposed amendments of various rules relating to civil discovery (as recommended by the State Bar of Michigan).
This proposal was created by a special committee of the State Bar of Michigan and approved for submission to the court by the bar’s Representative Assembly. The proposal would require mandatory discovery disclosure in many cases, implement a presumptive limit on interrogatories (20 in most cases, but 35 in domestic relations proceedings) and limit a deposition to seven hours. The proposal also would update the rules to more specifically address issues related to electronically stored information, and would encourage early action on discovery issues during the discovery period.
2018-23, Proposed Amendment of MCR 6.001. Published at 503 Mich ___ (2018).
Whether to adopt the proposed amendment of MCR 6.001 to allow for discovery in criminal cases in district court.
The proposed amendment of MCR 6.001 would allow for discovery in criminal cases heard in district court to the same extent that it is available for criminal cases heard in circuit court. The proposal was submitted by the Michigan District Judges Association. The MDJA noted that although many prosecutors provide discovery, there is no rule mandating it. The MDJA also noted that if the general discovery rule (MCR 6.201) is made applicable to district court criminal cases, subsection (I) could be used to limit its application where full-blown discovery may not be appropriate.
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