michigan-court-rules.pdf

Table of Contents: Court Rules i Updated June 21, 2024

MICHIGAN COURT RULES OF 1985

Chapter 1. General Provisions ..................................................................................1

Subchapter 1.100 Applicability; Construction ................................................................................1

Rule 1.101 Title; Citation ....................................................................................................................... 1

Rule 1.102 Effective Date ...................................................................................................................... 1

Rule 1.103 Applicability ........................................................................................................................ 1

Rule 1.104 Statutory Practice Provisions ............................................................................................... 1

Rule 1.105 Construction ......................................................................................................................... 1

Rule 1.106 Catch Lines .......................................................................................................................... 1

Rule 1.107 Number ................................................................................................................................ 2

Rule 1.108 Computation of Time ........................................................................................................... 2

Rule 1.109 Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing

and Service; Access ................................................................................................................................ 2

Rule 1.110 Collection of Fines and Costs ............................................................................................ 18

Rule 1.111 Foreign Language Interpreters ........................................................................................... 18

Rule 1.112 Filings by Incarcerated Individuals ................................................................................... 22

Subchapter 1.200 Amendment of Michigan Court Rules .............................................................23

Rule 1.201 Amendment Procedure ...................................................................................................... 23

Chapter 2. Civil Procedure .....................................................................................24

Subchapter 2.000 General Provisions ...........................................................................................24

Rule 2.001 Applicability ...................................................................................................................... 24

Rule 2.002 Waiver of Fees for Indigent Persons ................................................................................. 24

Rule 2.003 Disqualification of Judge ................................................................................................... 27

Rule 2.004 Incarcerated Parties ............................................................................................................ 30

Subchapter 2.100 Commencement of Action; Service of Process; Pleadings; Motions ..............31

Rule 2.101 Form and Commencement of Action ................................................................................ 31

Rule 2.102 Summons; Expiration of Summons; Dismissal of Action for Failure to Serve ................. 32

Rule 2.103 Process; Who May Serve ................................................................................................... 33

Rule 2.104 Process; Proof of Service ................................................................................................... 34

Rule 2.105 Process; Manner of Service ............................................................................................... 35

Rule 2.106 Notice by Posting or Publication ....................................................................................... 38

Rule 2.107 Service and Filing of Pleadings and Other Documents ..................................................... 40

Rule 2.108 Time ................................................................................................................................... 44

Table of Contents: Court Rules ii Updated June 21, 2024

Rule 2.109 Security for Costs .............................................................................................................. 46

Rule 2.110 Pleadings ............................................................................................................................ 46

Rule 2.111 General Rules of Pleading ................................................................................................. 47

Rule 2.112 Pleading Special Matters ................................................................................................... 49

Rule 2.113 Form, Captioning, Signing, and Verifying of Documents ................................................ 53

Rule 2.115 Motion to Correct or to Strike Pleadings ........................................................................... 54

Rule 2.116 Summary Disposition ........................................................................................................ 54

Rule 2.117 Appearances ....................................................................................................................... 58

Rule 2.118 Amended and Supplemental Pleadings ............................................................................. 60

Rule 2.119 Motion Practice .................................................................................................................. 62

Subchapter 2.200 Parties; Joinder of Claims and Parties; Venue; Transfer of Actions ...............65

Rule 2.201 Parties Plaintiff and Defendant; Capacity ......................................................................... 65

Rule 2.202 Substitution of Parties ........................................................................................................ 68

Rule 2.203 Joinder of Claims, Counterclaims, and Cross-Claims ....................................................... 69

Rule 2.204 Third-Party Practice ........................................................................................................... 70

Rule 2.205 Necessary Joinder of Parties .............................................................................................. 71

Rule 2.206 Permissive Joinder of Parties ............................................................................................. 72

Rule 2.207 Misjoinder and Nonjoinder of Parties ............................................................................... 72

Rule 2.209 Intervention ........................................................................................................................ 73

Rule 2.221 Motion for Change of Venue ............................................................................................. 73

Rule 2.222 Change of Venue; Venue Proper ....................................................................................... 74

Rule 2.223 Change of Venue; Venue Improper ................................................................................... 75

Rule 2.224 Change of Venue in Tort Actions ...................................................................................... 76

Rule 2.225 Joinder of Party to Control Venue ..................................................................................... 76

Rule 2.226 Change of Venue; Transfer of Jurisdiction; Orders ........................................................... 76

Rule 2.227 Transfer of Actions on Finding of Lack of Jurisdiction .................................................... 77

Rule 2.228 Transfer to the Court of Claims ......................................................................................... 78

Subchapter 2.300 Discovery .........................................................................................................79

Rule 2.301 Availability and Timing of Discovery ............................................................................... 79

Rule 2.302 Duty to Disclose; General Rules Governing Discovery .................................................... 80

Rule 2.303 Depositions Before Action or Pending Appeal ................................................................. 87

Rule 2.304 Persons Before Whom Depositions May Be Taken .......................................................... 89

Rule 2.305 Discovery Subpoena to a Non-Party ................................................................................. 90

Rule 2.306 Depositions on Oral Examination of a party ..................................................................... 92

Rule 2.307 Depositions on Written Questions ..................................................................................... 96

Rule 2.308 Use of Depositions in Court Proceedings .......................................................................... 97

Rule 2.309 Interrogatories to Parties .................................................................................................... 98

Rule 2.310 Requests for Production of Documents and Other Things; Entry on Land for Inspection and

Other Purposes ..................................................................................................................................... 99

Rule 2.311 Physical and Mental Examination of Persons ................................................................. 101

Rule 2.312 Request for Admission .................................................................................................... 102

Table of Contents: Court Rules iii Updated June 21, 2024

Rule 2.313 Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions ................ 104

Rule 2.314 Discovery of Medical Information Concerning Party ..................................................... 107

Rule 2.315 Video Depositions ........................................................................................................... 109

Rule 2.316 Removal of Disclosure and Discovery Materials From File ........................................... 111

Subchapter 2.400 Pretrial Procedure; Alternative Dispute Resolution; Offers of Judgment;

Settlements ..................................................................................................................................112

Rule 2.401 Pretrial Procedures; Conferences; Scheduling Orders ..................................................... 112

Rule 2.402 Use of Communication Equipment ................................................................................. 118

Rule 2.403 Case Evaluation ............................................................................................................... 118

Rule 2.404 Selection of Case Evaluation Panels ............................................................................... 124

Rule 2.405 Offers to Stipulate to Entry of Judgment ......................................................................... 128

Rule 2.406 Use of Facsimile Communication Equipment ................................................................. 129

Rule 2.407 Videoconferencing ........................................................................................................... 130

Rule 2.408 Use of Videoconferencing Technology in Civil Cases ................................................... 133

Rule 2.410 Alternative Dispute Resolution ....................................................................................... 134

Rule 2.411 Mediation ......................................................................................................................... 136

Rule 2.412 Mediation Communications; Confidentiality and Disclosure ....................................... 140

Rule 2.420 Settlements and Judgments for Minors and Legally Incapacitated Individuals .............. 142

Rule 2.421 Notice of Bankruptcy Proceedings .................................................................................. 143

Subchapter 2.500 Trials; Subpoenas; Juries ...............................................................................144

Rule 2.501 Scheduling Trials; Court Calendars ................................................................................. 144

Rule 2.502 Dismissal for Lack of Progress ........................................................................................ 145

Rule 2.503 Adjournments .................................................................................................................. 146

Rule 2.504 Dismissal of Actions ........................................................................................................ 147

Rule 2.505 Consolidation; Separate Trials ......................................................................................... 149

Rule 2.506 Subpoena; Order to Attend .............................................................................................. 149

Rule 2.507 Conduct of Trials ............................................................................................................. 153

Rule 2.508 Jury Trial of Right ........................................................................................................... 154

Rule 2.509 Trial by Jury or by Court ................................................................................................. 155

Rule 2.510 Juror Personal History Questionnaire .............................................................................. 156

Rule 2.511 Impaneling the Jury ......................................................................................................... 157

Rule 2.512 Instructions to Jury .......................................................................................................... 160

Rule 2.513 Conduct of Jury Trial ....................................................................................................... 162

Rule 2.514 Rendering Verdict ............................................................................................................ 165

Rule 2.515 Special Verdicts ............................................................................................................... 166

Rule 2.516 Motion for Directed Verdict ............................................................................................ 166

Rule 2.517 Findings by Court ............................................................................................................ 167

Rule 2.518 Receipt and Return or Disposal of Exhibits .................................................................... 167

Subchapter 2.600 Judgments and Orders; Postjudgment Proceedings .......................................168

Table of Contents: Court Rules iv Updated June 21, 2024

Rule 2.601 Judgments ........................................................................................................................ 168

Rule 2.602 Entry of Judgments and Orders ....................................................................................... 168

Rule 2.603 Default and Default Judgment ......................................................................................... 170

Rule 2.604 Judgment in Actions Involving Multiple Claims or Multiple Parties ............................. 172

Rule 2.605 Declaratory Judgments .................................................................................................... 173

Rule 2.610 Motion for Judgment Notwithstanding the Verdict ......................................................... 173

Rule 2.611 New Trials; Amendment of Judgments ........................................................................... 175

Rule 2.612 Relief From Judgment or Order ....................................................................................... 176

Rule 2.613 Limitations on Corrections of Error ................................................................................ 177

Rule 2.614 Stay of Proceedings to Enforce Judgment ....................................................................... 178

Rule 2.615 Enforcement of Tribal Judgments ................................................................................... 179

Rule 2.620 Satisfaction of Judgment ................................................................................................. 180

Rule 2.621 Proceedings Supplementary to Judgment ........................................................................ 180

Rule 2.622 Receivers ......................................................................................................................... 182

Rule 2.625 Taxation of Costs ............................................................................................................. 187

Rule 2.626 Attorney Fees ................................................................................................................... 191

Rule 2.630 Disability of Judge ........................................................................................................... 191

Chapter 3. Special Proceedings and Actions ........................................................192

Subchapter 3.000 General Provisions .........................................................................................192

Rule 3.001 Applicability and Scope ................................................................................................... 192

Rule 3.002 Indian Children ................................................................................................................ 192

Subchapter 3.100 Debtor-Creditor ..............................................................................................196

Rule 3.101 Garnishment After Judgment ........................................................................................... 196

Rule 3.102 Garnishment Before Judgment ........................................................................................ 207

Rule 3.103 Attachment ....................................................................................................................... 209

Rule 3.104 Installment Payment Orders ............................................................................................ 212

Rule 3.105 Claim and Delivery .......................................................................................................... 213

Rule 3.106 Procedures Regarding Orders for the Seizure of Property and Orders of Eviction ......... 216

Rule 3.110 Stockholders' Liability Proceedings ................................................................................ 218

Subchapter 3.200 Domestic Relations Actions ...........................................................................220

Rule 3.201 Applicability of Rules ...................................................................................................... 220

Rule 3.202 Capacity to Sue ................................................................................................................ 221

Rule 3.203 Service of Notice and Court Documents in Domestic Relations Cases .......................... 221

Rule 3.204 Proceedings Affecting Children ...................................................................................... 223

Rule 3.205 Prior and Subsequent Orders and Judgments Affecting Minors ..................................... 225

Rule 3.206 Initiating a Case ............................................................................................................... 226

Rule 3.207 Ex Parte, Temporary, and Protective Orders ................................................................... 228

Table of Contents: Court Rules v Updated June 21, 2024

Rule 3.208 Friend of the Court .......................................................................................................... 230

Rule 3.209 Suspension of Enforcement and Dismissal ..................................................................... 232

Rule 3.210 Hearings and Trials .......................................................................................................... 232

Rule 3.211 Judgments and Orders ..................................................................................................... 236

Rule 3.212 Postjudgment Transfer of Domestic Relations Cases ...................................................... 238

Rule 3.213 Postjudgment Motions and Enforcement ........................................................................ 240

Rule 3.214 Actions Under Uniform Acts ........................................................................................... 240

Rule 3.215 Domestic Relations Referees ........................................................................................... 241

Rule 3.216 Domestic Relations Mediation ........................................................................................ 245

Rule 3.217 Actions Under the Paternity Act ...................................................................................... 252

Rule 3.218 Friend of the Court Records; Access ............................................................................... 252

Rule 3.219 Dissemination of a Professional Report .......................................................................... 255

Rule 3.221 Hearings on Support and Parenting Time Enforcement Act Bench Warrants ................ 255

Rule 3.222 Uniform Collaborative Law Act Process and Agreements ............................................. 258

Rule 3.223 Summary Proceeding for Entry of Consent Judgment or Order ..................................... 262

Rule 3.224 Friend of the Court Alternative Dispute Resolution ........................................................ 264

Rule 3.229 Filing Confidential Materials ........................................................................................... 271

Rule 3.230 Actions Under the Summary Support and Paternity Act ................................................. 271

Subchapter 3.300 Extraordinary Writs .......................................................................................276

Rule 3.301 Extraordinary Writs in General ....................................................................................... 276

Rule 3.302 Superintending Control .................................................................................................... 277

Rule 3.303 Habeas Corpus to Inquire Into Cause of Detention ......................................................... 278

Rule 3.304 Habeas Corpus to Bring Prisoner to Testify or for Prosecution ...................................... 282

Rule 3.305 Mandamus ....................................................................................................................... 283

Rule 3.306 Quo Warranto .................................................................................................................. 284

Rule 3.310 Injunctions ....................................................................................................................... 285

Subchapter 3.400 Proceedings Involving Real Property ............................................................288

Rule 3.401 Partition ........................................................................................................................... 288

Rule 3.402 Partition Procedure .......................................................................................................... 288

Rule 3.403 Sale of Premises and Division of Proceeds as Substitute for Partition ........................... 290

Rule 3.410 Foreclosure of Mortgages and Land Contracts ................................................................ 294

Rule 3.411 Civil Action to Determine Interests in Land ................................................................... 295

Rule 3.412 Construction Liens ........................................................................................................... 297

Subchapter 3.500 Representative Actions ..................................................................................298

Rule 3.501 Class Actions ................................................................................................................... 298

Rule 3.502 Secondary Action by Shareholders .................................................................................. 303

Rule 3.503 Action by Fiduciary ......................................................................................................... 304

Subchapter 3.600 Miscellaneous Proceedings ............................................................................304

Table of Contents: Court Rules vi Updated June 21, 2024

Rule 3.601 Public Nuisances .............................................................................................................. 304

Rule 3.602 Arbitration ....................................................................................................................... 305

Rule 3.603 Interpleader ...................................................................................................................... 309

Rule 3.604 Bonds ............................................................................................................................... 310

Rule 3.605 Collection of Penalties, Fines, Forfeitures, and Forfeited Recognizances ...................... 312

Rule 3.606 Contempts Outside Immediate Presence of Court ........................................................... 313

Rule 3.607 Proceedings to Restore Lost Records or Documents in Courts of Record ...................... 314

Rule 3.611 Voluntary Dissolution of Corporations ........................................................................... 314

Rule 3.612 Winding Up of Corporation Whose Term or Charter Has Expired ................................. 315

Rule 3.613 Change of Name .............................................................................................................. 317

Rule 3.614 Health Threats to Others .................................................................................................. 320

Rule 3.615 Parental Rights Restoration Act Proceedings .................................................................. 321

Rule 3.616 Proceeding to Determine Continuation of Voluntary Foster Care Services. ................... 324

Rule 3.617 Delayed Registration of Birth .......................................................................................... 326

Rule 3.618 Emancipation of Minor .................................................................................................... 326

Subchapter 3.700 Personal Protection and Extreme Risk Protection Proceedings .....................328

Rule 3.701 Applicability of Rules; Forms ......................................................................................... 328

Rule 3.702 Definitions ....................................................................................................................... 328

Rule 3.703 Commencing a Personal Protection Action ..................................................................... 329

Rule 3.704 Dismissal ......................................................................................................................... 330

Rule 3.705 Issuance of Personal Protection Orders ........................................................................... 331

Rule 3.706 Orders .............................................................................................................................. 332

Rule 3.707 Modification, Termination, or Extension of Order .......................................................... 334

Rule 3.708 Contempt Proceedings for Violation of Personal Protection Orders ............................... 335

Rule 3.709 Appeals ............................................................................................................................ 338

Rule 3.715 Definitions ....................................................................................................................... 338

Rule 3.716 Commencing an Extreme Risk Protection Action ........................................................... 339

Rule 3.717 Dismissals ........................................................................................................................ 342

Rule 3.718 Issuing Extreme Risk Protection Orders ......................................................................... 342

Rule 3.719 Orders .............................................................................................................................. 345

Rule 3.720 Modification, Termination, or Extension of Order .......................................................... 348

Rule 3.721 Contempt Proceedings for Violation of Extreme Risk Protection Order ........................ 350

Rule 3.722 Appeals ............................................................................................................................ 353

Subchapter 3.800 Adoption .......................................................................................................353

Rule 3.800 Applicable Rules; Interested Parties; Indian Child .......................................................... 353

Rule 3.801 Documents, Execution ..................................................................................................... 354

Rule 3.802 Manner and Method of Service ....................................................................................... 354

Rule 3.803 Financial Reports, Subsequent Orders ............................................................................. 356

Rule 3.804 Consent and Release ........................................................................................................ 356

Rule 3.805 Temporary Placements, Time for Service of Notice of Hearing to Determine Disposition of

Child ................................................................................................................................................... 357

Table of Contents: Court Rules vii Updated June 21, 2024

Rule 3.806 Rehearings ....................................................................................................................... 358

Rule 3.807 Indian Child ..................................................................................................................... 358

Rule 3.808 Finalizing Adoption; Findings of Court .......................................................................... 359

Rule 3.809 Notice Following Involuntary Termination of Parental Rights ....................................... 360

Rule 3.810 Transcripts for Purposes of Appeal ................................................................................. 360

Rule 3.811 Use of Videoconferencing Technology ........................................................................... 360

Subchapter 3.900 Proceedings Involving Juveniles ...................................................................360

Rule 3.901 Applicability of Rules ...................................................................................................... 360

Rule 3.902 Construction ..................................................................................................................... 361

Rule 3.903 Definitions ....................................................................................................................... 361

Rule 3.904 Use of Videoconferencing Technology. .......................................................................... 369

Rule 3.905 Indian Children; Jurisdiction, Notice, Transfer, Intervention ......................................... 370

Rule 3.906 Use of Restraints on a Juvenile ........................................................................................ 371

Rule 3.911 Jury .................................................................................................................................. 371

Rule 3.912 Judge ................................................................................................................................ 372

Rule 3.913 Referees ........................................................................................................................... 373

Rule 3.914 Prosecuting Attorney ....................................................................................................... 374

Rule 3.915 Assistance of Attorney ..................................................................................................... 374

Rule 3.916 Guardian Ad Litem .......................................................................................................... 376

Rule 3.917 Court Appointed Special Advocate ................................................................................. 377

Rule 3.920 Service of Process ............................................................................................................ 377

Rule 3.921 Persons Entitled to Notice ............................................................................................... 380

Rule 3.922 Pretrial Procedures in Delinquency and Child Protection Proceedings .......................... 384

Rule 3.923 Miscellaneous Procedures ............................................................................................... 388

Rule 3.924 Information Furnished on Request by Court ................................................................... 389

Rule 3.925 Open Proceedings; Judgments and Orders; Records Confidentiality; Destruction of Court

Records; Setting Aside Adjudications ............................................................................................... 389

Rule 3.926 Transfer of Jurisdiction; Change of Venue ...................................................................... 390

Rule 3.927 Prior Court Orders ........................................................................................................... 392

Rule 3.928 Contempt of Court ........................................................................................................... 392

Rule 3.929 Use of Facsimile Communication Equipment ................................................................. 393

Rule 3.930 Receipt and Return or Disposal of Exhibits in Juvenile Proceedings ............................. 393

Rule 3.931 Initiating Delinquency Proceedings ................................................................................. 393

Rule 3.932 Summary Initial Proceedings ........................................................................................... 394

Rule 3.933 Acquiring Physical Control of Juvenile ........................................................................... 396

Rule 3.934 Arranging Court Appearance; Detained Juvenile ............................................................ 397

Rule 3.935 Preliminary Hearing ........................................................................................................ 398

Rule 3.936 Biometric Data ................................................................................................................. 403

Rule 3.937 Advice of Appellate Rights ............................................................................................. 404

Rule 3.939 Case Transferred From District Court Pursuant to Subchapter 6.900 ............................. 404

Rule 3.941 Pleas of Admission or No Contest ................................................................................... 404

Rule 3.942 Trial ................................................................................................................................. 405

Table of Contents: Court Rules viii Updated June 21, 2024

Rule 3.943 Dispositional Hearing ...................................................................................................... 406

Rule 3.944 Probation Violation .......................................................................................................... 408

Rule 3.945 Dispositional Review ....................................................................................................... 411

Rule 3.946 Post-Dispositional Secure Detention Pending Return to Placement ............................... 413

Rule 3.947 Other Placement Review Proceedings ............................................................................. 414

Rule 3.950 Waiver of Jurisdiction ..................................................................................................... 414

Rule 3.951 Initiating Designated Proceedings ................................................................................... 417

Rule 3.952 Designation Hearing ........................................................................................................ 420

Rule 3.953 Preliminary Examination in Designated Cases ............................................................... 422

Rule 3.954 Trial of Designated Cases ................................................................................................ 423

Rule 3.955 Sentencing or Disposition in Designated Cases .............................................................. 423

Rule 3.956 Review Hearings; Probation Violation ............................................................................ 424

Rule 3.961 Initiating Child Protective Proceedings ........................................................................... 427

Rule 3.962 Preliminary Inquiry .......................................................................................................... 428

Rule 3.963 Acquiring Physical Custody of Child .............................................................................. 429

Rule 3.965 Preliminary Hearing ........................................................................................................ 431

Rule 3.966 Other Placement Review Proceedings ............................................................................. 436

Rule 3.967 Removal Hearing for Indian Child .................................................................................. 438

Rule 3.970 Child Protection Mediation ............................................................................................. 439

Rule 3.971 Pleas of Admission or No Contest ................................................................................... 442

Rule 3.972 Trial ................................................................................................................................. 443

Rule 3.973 Dispositional Hearing ...................................................................................................... 445

Rule 3.974 Procedures for Child at Home; Petition Authorized ........................................................ 448

Rule 3.975 Post-dispositional Procedures: Child in Foster Care ....................................................... 450

Rule 3.976 Permanency Planning Hearings ....................................................................................... 453

Rule 3.977 Termination of Parental Rights ........................................................................................ 457

Rule 3.978 Post-Termination Review Hearings ................................................................................. 461

Rule 3.979 Juvenile Guardianships .................................................................................................... 462

Rule 3.981 Minor Personal Protection Orders; Issuance; Modification; Recision; Appeal .............. 467

Rule 3.982 Enforcement of Minor Personal Protection Orders ......................................................... 467

Rule 3.983 Initiation of Contempt Proceedings by Supplemental Petition ....................................... 467

Rule 3.984 Apprehension of Alleged Violator .................................................................................. 468

Rule 3.985 Preliminary Hearing ........................................................................................................ 469

Rule 3.986 Pleas of Admission or No Contest ................................................................................... 472

Rule 3.987 Violation Hearing ............................................................................................................ 473

Rule 3.988 Dispositional Hearing ...................................................................................................... 474

Rule 3.989 Supplemental Dispositions .............................................................................................. 475

Rule 3.991 Review of Referee Recommendations ............................................................................ 475

Rule 3.992 Rehearings; New Trial ..................................................................................................... 476

Rule 3.993 Appeals ............................................................................................................................ 477

Chapter 4. District Court ......................................................................................480

Table of Contents: Court Rules ix Updated June 21, 2024

Subchapter 4.000 General Provisions .........................................................................................480

Rule 4.001 Applicability .................................................................................................................... 480

Rule 4.002 Transfer of Actions From District Court to Circuit Court ............................................... 480

Rule 4.003 Removal of Actions From Circuit Court to District Court. ............................................. 481

Subchapter 4.100 Civil Infraction Actions .................................................................................482

Rule 4.101 Civil Infraction Actions ................................................................................................... 482

Subchapter 4.200 Landlord-Tenant Proceedings; Land Contract Forfeiture ..............................486

Rule 4.201 Summary Proceedings to Recover Possession of Premises ............................................. 486

Rule 4.202 Summary Proceedings; Land Contract Forfeiture ........................................................... 498

Subchapter 4.300 Small Claims Actions ....................................................................................501

Rule 4.301 Applicability of Rules ...................................................................................................... 501

Rule 4.302 Statement of Claim .......................................................................................................... 501

Rule 4.303 Notice ............................................................................................................................... 502

Rule 4.304 Conduct of Trial ............................................................................................................... 502

Rule 4.305 Judgments ........................................................................................................................ 503

Rule 4.306 Removal to Trial Court .................................................................................................... 503

Subchapter 4.400 Magistrates .....................................................................................................504

Rule 4.401 District Court Magistrates ............................................................................................... 504

Chapter 5. Probate Court ......................................................................................506

Subchapter 5.000 General Provisions .........................................................................................506

Rule 5.001 Applicability .................................................................................................................... 506

Subchapter 5.100 General Rules of Pleading and Practice .........................................................506

Rule 5.101 Form and Commencement of Action; Confidential Records .......................................... 506

Rule 5.102 Notice of Hearing ............................................................................................................ 506

Rule 5.103 Who May Serve ............................................................................................................... 507

Rule 5.104 Proof of Service; Waiver and Consent; Unopposed Petition .......................................... 507

Rule 5.105 Manner and Method of Service ....................................................................................... 508

Rule 5.106 Publication of Notice of Hearing ..................................................................................... 511

Rule 5.107 Other Documents Required to be Served ........................................................................ 512

Rule 5.108 Time of Service ............................................................................................................... 512

Rule 5.109 Notice of Guardianship Proceedings Concerning Indian Child ...................................... 513

Rule 5.112 Prior Proceedings Affecting the Person of a Minor ........................................................ 513

Rule 5.113 Form, Captioning, Signing, and Verifying of Documents .............................................. 513

Table of Contents: Court Rules x Updated June 21, 2024

Rule 5.117 Appearance by Attorneys ................................................................................................ 514

Rule 5.118 Amending or Supplementing Papers ............................................................................... 516

Rule 5.119 Additional Petitions; Objections; Hearing Practices ....................................................... 516

Rule 5.120 Action by Fiduciary in Contested Matter; Notice to Interested Persons; Failure to

Intervene ............................................................................................................................................. 516

Rule 5.121 Guardian Ad Litem; Visitor ............................................................................................. 517

Rule 5.125 Interested Persons Defined .............................................................................................. 518

Rule 5.126 Demand or Request for Notice ........................................................................................ 526

Rule 5.127 Venue of Certain Actions ................................................................................................ 527

Rule 5.128 Change of Venue ............................................................................................................. 528

Rule 5.131 Discovery Generally ........................................................................................................ 528

Rule 5.132 Proof of Wills .................................................................................................................. 529

Rule 5.133 Opening Wills Originally Filed for Safekeeping ............................................................. 530

Rule 5.140 Use of Videoconferencing Technology ........................................................................... 530

Rule 5.141 Pretrial Procedures; Conferences; Scheduling Orders ..................................................... 530

Rule 5.142 Pretrial Motions in Contested Proceedings ..................................................................... 530

Rule 5.143 Alternative Dispute Resolution ....................................................................................... 531

Rule 5.144 Administratively Closed File ........................................................................................... 531

Rule 5.151 Jury Trial, Applicable Rules ............................................................................................ 531

Rule 5.158 Jury Trial of Right in Contested Proceedings .................................................................. 531

Rule 5.162 Form and Signing of Judgments and Orders ................................................................... 532

Subchapter 5.200 Provisions Common to Multiple Types of Fiduciaries ..................................532

Rule 5.201 Applicability .................................................................................................................... 532

Rule 5.202 Letters of Authority ......................................................................................................... 532

Rule 5.203 Follow-Up Procedures ..................................................................................................... 532

Rule 5.204 Appointment of Special Fiduciary ................................................................................... 533

Rule 5.205 Address of Fiduciary ....................................................................................................... 534

Rule 5.206 Duty to Complete Administration ................................................................................... 534

Rule 5.207 Sale of Real Estate ........................................................................................................... 534

Rule 5.208 Notice to Creditors, Presentment of Claims .................................................................... 534

Subchapter 5.300 Proceedings In Decedent Estates ...................................................................536

Rule 5.301 Applicability .................................................................................................................... 536

Rule 5.302 Commencement of Decedent Estates .............................................................................. 536

Rule 5.304 Notice of Appointment .................................................................................................... 537

Rule 5.305 Notice to Spouse; Election .............................................................................................. 538

Rule 5.307 Requirements Applicable to All Decedent Estates .......................................................... 538

Rule 5.308 Formal Proceedings ......................................................................................................... 540

Rule 5.309 Informal Proceedings ....................................................................................................... 540

Rule 5.310 Supervised Administration .............................................................................................. 541

Rule 5.311 Closing Estate .................................................................................................................. 544

Rule 5.312 Reopening Decedent Estate ............................................................................................. 545

Table of Contents: Court Rules xi Updated June 21, 2024

Rule 5.313 Compensation of Attorneys ............................................................................................. 545

Subchapter 5.400 Guardianship, Conservatorship, and Protective Order Proceedings ..............547

Rule 5.401 General Provisions ........................................................................................................... 547

Rule 5.402 Common Provisions ........................................................................................................ 547

Rule 5.403 Proceedings on Temporary Guardianship ....................................................................... 549

Rule 5.404 Guardianship of Minor .................................................................................................... 550

Rule 5.405 Proceedings on Guardianship of Incapacitated Individual .............................................. 555

Rule 5.406 Testamentary Guardian of Individual With Developmental Disabilities ........................ 556

Rule 5.407 Conservatorship; Settlements .......................................................................................... 556

Rule 5.408 Review and Modification of Guardianships of Legally Incapacitated Individuals ......... 557

Rule 5.409 Report of Guardian; Inventories and Accounts of Conservators ..................................... 557

Rule 5.411 Bond of Conservator ........................................................................................................ 559

Subchapter 5.500 Trust Proceedings ..........................................................................................559

Rule 5.501 Trust Proceedings in General .......................................................................................... 559

Rule 5.502 Supervision of Trusts ....................................................................................................... 560

Subchapter 5.730 Mental Health Rules ......................................................................................560

Rule 5.730 Mental Health Code; Application .................................................................................... 560

Rule 5.731 Access to Records ............................................................................................................ 560

Rule 5.732 Attorneys ......................................................................................................................... 560

Rule 5.733 Appointment of Independent Examiner; Determination of Fees and Expenses .............. 561

Rule 5.734 Service of Papers; Notice of Subsequent Petitions; Time for Service ............................ 561

Rule 5.735 Adjournment .................................................................................................................... 562

Rule 5.737 Waiver of Rights .............................................................................................................. 562

Rule 5.738 Conditions at Hearings .................................................................................................... 562

Rule 5.740 Jury Trial .......................................................................................................................... 562

Rule 5.741 Inquiry Into Adequacy of Treatment ............................................................................... 563

Rule 5.743 Appeal by Individual Receiving Involuntary Mental Health Treatment Who is Returned to

Hospital After Authorized Leave ....................................................................................................... 563

Rule 5.743a Appeal by Administratively Admitted Individual Returned to Center After Authorized

Leave .................................................................................................................................................. 564

Rule 5.743b Appeal by Judicially Admitted Individual Returned to Center After Authorized

Leave .................................................................................................................................................. 565

Rule 5.744 Proceedings Regarding Hospitalization Without a Hearing ............................................ 566

Rule 5.744a Proceedings Regarding an Individual Subject to Judicial Admission who is Transferred to

a Center from Alternative Setting ...................................................................................................... 566

Rule 5.745 Multiple Proceedings ....................................................................................................... 568

Rule 5.746 Placement of Individual with a Developmental Disability in a Facility .......................... 568

Rule 5.747 Petition for Discharge of Individual ................................................................................ 569

Rule 5.748 Transitional Provision on Termination of Indefinite Orders of Hospitalization ............. 569

Table of Contents: Court Rules xii Updated June 21, 2024

Subchapter 5.780 Miscellaneous Proceedings ............................................................................569

Rule 5.784 Proceedings on a Durable Power of Attorney for Health Care or Mental Health Treatment

569

Subchapter 5.800 Appeals ..........................................................................................................570

Rule 5.801 Appeals to Court of Appeals ........................................................................................... 570

Rule 5.802 Appellate Procedure; Stays Pending Appeal ................................................................... 572

Subchapter 5.900 Proceedings Involving Juveniles ...................................................................573

Rule 5.900 Note: ................................................................................................................................ 573

Chapter 6. Criminal Procedure .............................................................................574

Subchapter 6.000 General Provisions .........................................................................................574

Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes .............................. 574

Rule 6.002 Purpose and Construction ................................................................................................ 574

Rule 6.003 Definitions ....................................................................................................................... 575

Rule 6.004 Speedy Trial ..................................................................................................................... 575

Rule 6.005 Right to Assistance of Lawyer; Advice; Appointment for Indigents; Waiver; Joint

Representation; Grand Jury Proceedings ........................................................................................... 577

Rule 6.006 Video and Audio Proceedings ......................................................................................... 580

Rule 6.007 Confidential Records ....................................................................................................... 581

Rule 6.008 Criminal Jurisdiction ....................................................................................................... 581

Rule 6.009 Use of Restraints on a Defendant .................................................................................... 582

Subchapter 6.100 Preliminary Proceedings ................................................................................583

Rule 6.101 Complaint ........................................................................................................................ 583

Rule 6.102 Warrants and Summonses ............................................................................................... 583

Rule 6.103 Failure to Appear ............................................................................................................. 585

Rule 6.104 Arraignment on the Warrant or Complaint ...................................................................... 585

Rule 6.105 Voluntary Appearance .................................................................................................... 587

Rule 6.106 Pretrial Release ................................................................................................................ 588

Rule 6.107 Grand Jury Proceedings ................................................................................................... 593

Rule 6.108 The Probable Cause Conference ...................................................................................... 594

Rule 6.110 The Preliminary Examination .......................................................................................... 595

Rule 6.111 Circuit Court Arraignment in District Court ................................................................... 597

Rule 6.112 The Information or Indictment ........................................................................................ 597

Rule 6.113 The Arraignment on the Indictment or Information ........................................................ 598

Rule 6.120 Joinder and Severance; Single Defendant ....................................................................... 599

Rule 6.121 Joinder and Severance; Multiple Defendants .................................................................. 600

Rule 6.125 Mental Competency Hearing ........................................................................................... 600

Table of Contents: Court Rules xiii Updated June 21, 2024

Rule 6.126 Decision on Admissibility of Evidence ........................................................................... 601

Subchapter 6.200 Discovery .......................................................................................................602

Rule 6.201 Discovery ......................................................................................................................... 602

Rule 6.202. Disclosure of Forensic Laboratory Report and Certificate; Applicability; Admissibility of

Report and Certificate; Extension of Time; Adjournment ................................................................. 604

Subchapter 6.300 Pleas ...............................................................................................................605

Rule 6.301 Available Pleas ................................................................................................................ 605

Rule 6.302 Pleas of Guilty and Nolo Contendere .............................................................................. 606

Rule 6.303 Plea of Guilty but Mentally Ill ......................................................................................... 608

Rule 6.304 Plea of Not Guilty by Reason of Insanity ........................................................................ 609

Rule 6.310 Withdrawal or Vacation of Plea ...................................................................................... 609

Rule 6.312 Effect of Withdrawal or Vacation of Plea ....................................................................... 610

Subchapter 6.400 Trials ..............................................................................................................611

Rule 6.401 Right to Trial by Jury or by the Court ............................................................................. 611

Rule 6.402 Waiver of Jury Trial by the Defendant ............................................................................ 611

Rule 6.403 Trial by the Judge in Waiver Cases ................................................................................. 611

Rule 6.410 Jury Trial; Number of Jurors; Unanimous Verdict .......................................................... 611

Rule 6.411 Additional Jurors ............................................................................................................. 612

Rule 6.412 Selection of the Jury ........................................................................................................ 612

Rule 6.416 Presentation of Evidence ................................................................................................. 613

Rule 6.417 Mistrial ............................................................................................................................. 613

Rule 6.419 Motion for Directed Verdict of Acquittal ........................................................................ 613

Rule 6.420 Verdict ............................................................................................................................. 614

Rule 6.425 Sentencing; Appointment of Appellate Counsel ............................................................. 614

Rule 6.427 Judgment .......................................................................................................................... 620

Rule 6.428 Restoration of Appellate Rights. ..................................................................................... 621

Rule 6.429 Correction and Appeal of Sentence ................................................................................. 621

Rule 6.430 Postjudgment Motion to Amend Restitution .................................................................. 622

Rule 6.431 New Trial ......................................................................................................................... 622

Rule 6.433 Documents for Postconviction Proceedings; Indigent Defendant ................................... 623

Rule 6.435 Correcting Mistakes ......................................................................................................... 624

Rule 6.440 Disability of Judge ........................................................................................................... 624

Rule 6.441 Early Probation Discharge .............................................................................................. 625

Rule 6.445 Probation Violation and Revocation ................................................................................ 626

Rule 6.450 Technical Probation Violation Acknowledgment ........................................................... 629

Rule 6.451 Reinstatement of Convictions Set Aside Without Application ....................................... 629

Subchapter 6.500 Postappeal Relief ...........................................................................................630

Rule 6.501 Scope of Subchapter ........................................................................................................ 630

Table of Contents: Court Rules xiv Updated June 21, 2024

Rule 6.502 Motion for Relief From Judgment ................................................................................... 630

Rule 6.503 Filing and Service of Motion ........................................................................................... 632

Rule 6.504 Assignment; Preliminary Consideration by Judge; Summary Denial ............................. 633

Rule 6.505 Right to Legal Assistance ................................................................................................ 633

Rule 6.506 Response by Prosecutor ................................................................................................... 633

Rule 6.507 Expansion of Record ....................................................................................................... 634

Rule 6.508 Procedure; Evidentiary Hearing; Determination ............................................................. 634

Rule 6.509 Appeal .............................................................................................................................. 636

Subchapter 6.600 Criminal Procedure in District Court .............................................................636

Rule 6.610 Criminal Procedure Generally ......................................................................................... 636

Rule 6.615 Misdemeanor Cases ......................................................................................................... 641

Rule 6.620 Impaneling the Jury ......................................................................................................... 642

Rule 6.625 Appeal; Appointment of Appellate Counsel ................................................................... 643

Subchapter 6.900 Rules Applicable to Juveniles Charged With Specified Offenses Subject to the

Jurisdiction of the Circuit or District Court ................................................................................644

Rule 6.901 Applicability .................................................................................................................... 644

Rule 6.903 Definitions ....................................................................................................................... 644

Rule 6.905 Assistance of Attorney ..................................................................................................... 646

Rule 6.907 Arraignment on Complaint and Warrant ......................................................................... 647

Rule 6.909 Releasing or Detaining Juveniles Before Trial or Sentencing ......................................... 648

Rule 6.911 Preliminary Examination ................................................................................................. 649

Rule 6.931 Juvenile Sentencing Hearing ........................................................................................... 649

Rule 6.933 Juvenile Probation Revocation ........................................................................................ 652

Rule 6.935 Progress Review of Court-Committed Juveniles ............................................................. 655

Rule 6.937 Commitment Review Hearing ......................................................................................... 655

Rule 6.938 Final Review Hearings .................................................................................................... 657

Chapter 7. Appellate Rules ...................................................................................659

Subchapter 7.100 Appeals to Circuit Court ................................................................................659

Rule 7.101 Scope of Rules ................................................................................................................. 659

Rule 7.102 Definitions ....................................................................................................................... 659

Rule 7.103 Appellate Jurisdiction of the Circuit Court ...................................................................... 660

Rule 7.104 Filing Appeal of Right ..................................................................................................... 660

Rule 7.105 Application for Leave to Appeal ..................................................................................... 662

Rule 7.106 Cross Appeals .................................................................................................................. 665

Rule 7.107 Authority of Trial Court or Agency ................................................................................. 665

Rule 7.108 Stay of Proceedings; Bond; Review ................................................................................ 666

Rule 7.109 Record on Appeal ............................................................................................................ 668

Table of Contents: Court Rules xv Updated June 21, 2024

Rule 7.110 Motions in Circuit Court Appeals ................................................................................... 671

Rule 7.111 Briefs ............................................................................................................................... 671

Rule 7.112 Miscellaneous Relief ....................................................................................................... 672

Rule 7.113 Dismissal ......................................................................................................................... 672

Rule 7.114 Oral Argument; Decision and Effect of Judgment, Reconsideration .............................. 673

Rule 7.115 Taxation of Costs, Fees. .................................................................................................. 673

Rule 7.116 Appeals Under the Michigan Employment Security Act ................................................ 674

Rule 7.117 Appeals from the Michigan Civil Service Commission .................................................. 675

Rule 7.118 Appeals from the Michigan Parole Board ....................................................................... 675

Rule 7.119 Appeals from Agencies Governed by the Administrative Procedures Act ..................... 678

Rule 7.120 Licensing Appeals Under the Michigan Vehicle Code ................................................... 681

Rule 7.121 Concealed Pistol License Appeals ................................................................................... 683

Rule 7.122 Appeals From Zoning Ordinance Determinations ........................................................... 684

Rule 7.123 Appeals From Agencies not Governed by Another Rule ................................................ 687

Subchapter 7.200 Court of Appeals ............................................................................................689

Rule 7.201 Organization and Operation of Court of Appeals ............................................................ 689

Rule 7.202 Definitions ....................................................................................................................... 691

Rule 7.203 Jurisdiction of the Court of Appeals ................................................................................ 692

Rule 7.204 Filing Appeal of Right; Appearance ................................................................................ 693

Rule 7.205 Application for Leave to Appeal ..................................................................................... 696

Rule 7.206 Extraordinary Writs, Original Actions, and Enforcement Actions ................................. 700

Rule 7.207 Cross-Appeals .................................................................................................................. 702

Rule 7.208 Authority of Court or Tribunal Appealed From .............................................................. 703

Rule 7.209 Bond; Stay of Proceedings .............................................................................................. 705

Rule 7.210 Record on Appeal ............................................................................................................ 709

Rule 7.211 Motions in Court of Appeals ........................................................................................... 713

Rule 7.212 Briefs ............................................................................................................................... 718

Rule 7.213 Calendar Cases ................................................................................................................ 725

Rule 7.214 Argument of Calendar Cases ........................................................................................... 727

Rule 7.215 Opinions, Orders, Judgments, and Final Process for Court of Appeals .......................... 728

Rule 7.216 Miscellaneous Relief ....................................................................................................... 732

Rule 7.217 Involuntary Dismissal of Cases ....................................................................................... 734

Rule 7.218 Voluntary Dismissal ........................................................................................................ 734

Rule 7.219 Taxation of Costs; Fees ................................................................................................... 734

Subchapter 7.300 Supreme Court ...............................................................................................736

Rule 7.301 Organization and Operation of Supreme Court ............................................................... 736

Rule 7.302 Electronic Filing, Service, and Notification .................................................................... 737

Rule 7.303 Jurisdiction of the Supreme Court ................................................................................... 737

Rule 7.305 Application for Leave to Appeal ..................................................................................... 738

Rule 7.306 Original Proceedings ....................................................................................................... 741

Rule 7.307 Cross-Appeal ................................................................................................................... 743

Table of Contents: Court Rules xvi Updated June 21, 2024

Rule 7.308 Certified Questions and Advisory Opinions .................................................................... 744

Rule 7.310 Record on Appeals ........................................................................................................... 745

Rule 7.311 Motions in Supreme Court .............................................................................................. 746

Rule 7.312 Briefs and Appendixes in Calendar Cases and Cases Argued on the Application .......... 748

Rule 7.313 Supreme Court Calendar ................................................................................................. 751

Rule 7.314 Call and Argument of Cases ............................................................................................ 752

Rule 7.315 Opinions, Orders, and Judgments .................................................................................... 752

Rule 7.316 Miscellaneous Relief ....................................................................................................... 753

Rule 7.317 Involuntary Dismissal; No Progress ................................................................................ 755

Rule 7.318 Voluntary Dismissal ........................................................................................................ 756

Rule 7.319 Taxation of Costs; Fees ................................................................................................... 756

Chapter 8. Administrative Rules of Court ............................................................758

Subchapter 8.100 General Administrative Orders ......................................................................758

Rule 8.101 Applicability of Administrative Rules ............................................................................. 758

Rule 8.103 State Court Administrator ................................................................................................ 758

Rule 8.104 Judicial Meetings ............................................................................................................. 759

Rule 8.105 General Duties of Clerks ................................................................................................. 759

Rule 8.106 Money Paid Into Court .................................................................................................... 760

Rule 8.107 Statement by Trial Judge as to Matters Undecided ......................................................... 760

Rule 8.108 Court Reporters and Recorders ........................................................................................ 761

Rule 8.109 Mechanical Recording of Court Proceedings .................................................................. 765

Rule 8.110 Chief Judge Rule ............................................................................................................. 766

Rule 8.111 Assignment of Cases ....................................................................................................... 771

Rule 8.112 Local Court Rules; Administrative Orders ...................................................................... 772

Rule 8.113 Requests for Investigation of Courts ............................................................................... 772

Rule 8.115 Courtroom Decorum; Policy Regarding Use of Cell Phones or Other Portable Electronic

Communication Devices .................................................................................................................... 773

Rule 8.116 Sessions of Court ............................................................................................................. 775

Rule 8.117 Case Classification Codes ............................................................................................... 776

Rule 8.119 Court Records and Reports; Duties of Clerks ................................................................. 776

Rule 8.120 Law Students and Recent Graduates; Participation in Legal Aid Clinics, Defender Offices,

and Legal Training Programs ............................................................................................................. 782

Rule 8.121 Contingent Fees in Claims or Actions for Personal Injury, Wrongful Death, and No-Fault

Benefits .............................................................................................................................................. 784

Rule 8.122 Claims by Clients Against Attorneys .............................................................................. 785

Rule 8.126 Temporary Admission to the Bar .................................................................................... 786

Rule 8.127 Foreign Language Board of Review and Regulation of Foreign Language Interpreters 788

Rule 8.128 Michigan Judicial Council ............................................................................................... 791

Subchapter 8.200 Administrative Rules Applicable in District Court ........................................793

Table of Contents: Court Rules xvii Updated June 21, 2024

Rule 8.201 Allocation of Costs in Third-Class Districts .................................................................... 793

Rule 8.202 Payment of Assigned Attorneys and Transcript Costs .................................................... 794

Rule 8.203 Records and Entries Kept by Clerk ................................................................................. 794

Rule 8.204 Bonds for Clerks, Deputies, Magistrates, and Official Process Servers .......................... 794

Rule 8.205 Magistrates ....................................................................................................................... 795

Subchapter 8.300 Administrative Rules Applicable in Probate Court .......................................795

Rule 8.301 Powers of Register of Probate, Deputy Registers, and Clerks ........................................ 795

Rule 8.302 Records and Entries Kept by Clerk ................................................................................. 795

Chapter 9. Professional Disciplinary Proceedings ...............................................796

Subchapter 9.100 Attorney Grievance Commission; Attorney Discipline Board ......................796

Rule 9.101 Definitions ....................................................................................................................... 796

Rule 9.102 Construction; Severability ............................................................................................... 797

Rule 9.103 Standards of Conduct for Attorneys ................................................................................ 797

Rule 9.104 Grounds for Discipline in General ................................................................................... 797

Rule 9.105 Purpose and Funding of Disciplinary Proceedings .......................................................... 798

Rule 9.106 Types of Discipline; Minimum Discipline ...................................................................... 798

Rule 9.107 Rules Exclusive on Discipline ......................................................................................... 799

Rule 9.108 Attorney Grievance Commission .................................................................................... 799

Rule 9.109 Grievance Administrator ................................................................................................. 800

Rule 9.110 Attorney Discipline Board ............................................................................................... 801

Rule 9.111 Hearing Panels ................................................................................................................. 802

Rule 9.112 Requests for Investigation ............................................................................................... 803

Rule 9.113 Answer by Respondent .................................................................................................... 805

Rule 9.114 Action by Administrator or Commission After Answer ................................................. 806

Rule 9.115 Hearing Panel Procedure ................................................................................................. 808

Rule 9.116 Judges; Former Judges ..................................................................................................... 814

Rule 9.117 Hearing Procedure Before Master ................................................................................... 814

Rule 9.118 Review of Order of Hearing Panel .................................................................................. 815

Rule 9.119 Conduct of Disbarred, Suspended, or Inactive Attorneys ............................................... 816

Rule 9.120 Conviction of Criminal Offense; Reciprocal Discipline ................................................. 818

Rule 9.121 Attorney Declared to be Incompetent or Alleged to be Incapacitated or Asserting Impaired

Ability ................................................................................................................................................ 820

Rule 9.122 Review by Supreme Court ............................................................................................... 823

Rule 9.123 Eligibility for Reinstatement ........................................................................................... 824

Rule 9.124 Procedure for Reinstatement ........................................................................................... 826

Rule 9.125 Immunity ......................................................................................................................... 829

Rule 9.126 Open Hearings; Privileged, Confidential Files and Records ........................................... 829

Rule 9.127 Enforcement ..................................................................................................................... 830

Table of Contents: Court Rules xviii Updated June 21, 2024

Rule 9.128 Costs ................................................................................................................................ 831

Rule 9.129 Expenses; Reimbursement ............................................................................................... 832

Rule 9.130 MCR 8.122 Cases; Arbitration; Discipline; Filing Complaint by Administrator ............ 832

Rule 9.131 Investigation of Member or Employee of Board or Commission, or Relative of Member or

Employee of Board or Commission; Investigation of Attorney Representing Respondent or Witness;

Other Investigations Creating the Possible Appearance of Impropriety; Representation by Member or

Employee of Board or Commission ................................................................................................... 832

Subchapter 9.200 Judicial Tenure Commission .........................................................................835

Rule 9.200 Construction ..................................................................................................................... 835

Rule 9.201 Definitions ....................................................................................................................... 835

Rule 9.202 Standards of Judicial Conduct ......................................................................................... 836

Rule 9.210 Judicial Tenure Commission; Organization .................................................................... 837

Rule 9.211 Judicial Tenure Commission; Powers; Review ............................................................... 839

Rule 9.212 Disqualification of Commission Member or Employee .................................................. 839

Rule 9.220 Preliminary Investigation ................................................................................................ 840

Rule 9.221 Evidence .......................................................................................................................... 840

Rule 9.222 Further Investigation; the “28-day letter” ........................................................................ 841

Rule 9.223 Conclusion of Investigation; Notice ................................................................................ 842

Rule 9.224 Complaint ........................................................................................................................ 842

Rule 9.225 Interim Suspension .......................................................................................................... 843

Rule 9.230 Pleadings .......................................................................................................................... 844

Rule 9.231 Appointment of Master .................................................................................................... 844

Rule 9.232 Discovery ......................................................................................................................... 845

Rule 9.233 Public Hearing ................................................................................................................. 845

Rule 9.234 Subpoenas ........................................................................................................................ 846

Rule 9.235 Amendments of Complaint or Answer ............................................................................ 846

Rule 9.236 Report of Master .............................................................................................................. 846

Rule 9.240 Objections to Report of Master ....................................................................................... 847

Rule 9.241 Appearance Before Commission ..................................................................................... 847

Rule 9.242 Extension of Time ........................................................................................................... 847

Rule 9.243 Hearing Additional Evidence .......................................................................................... 847

Rule 9.244 Commission Decision ...................................................................................................... 847

Rule 9.245 Consent Agreements ........................................................................................................ 848

Rule 9.250 Filing and Service of Documents after Commission’s Decision ..................................... 849

Rule 9.251 Review by Supreme Court ............................................................................................... 850

Rule 9.252 Decision by Supreme Court ............................................................................................. 851

Rule 9.253 Motion for Rehearing ...................................................................................................... 851

Rule 9.260 Service ............................................................................................................................. 851

Rule 9.261 Confidentiality; Disclosure .............................................................................................. 852

Rule 9.262 Record Retention ............................................................................................................. 854

Rule 9.263 Immunity ......................................................................................................................... 854

Rule 9.264 Ethics Materials and Programs ........................................................................................ 854

Table of Contents: Court Rules xix Updated June 21, 2024

Subchapter 9.300 Interim Administrators ...................................................................................855

Rule 9.301 Definitions ....................................................................................................................... 855

Rule 9.303 Affected Attorney with a Firm ........................................................................................ 856

Rule 9.305 Appointment of Interim Administrator ............................................................................ 856

Rule 9.307 Duties and Powers of the Interim Administrator ............................................................. 858

Rule 9.309 Protection of Client Information and Privilege ............................................................... 859

Rule 9.311 Protection of Client Files and Property ........................................................................... 859

Rule 9.313 Compensation and Reimbursable Expenses of Interim Administrator ........................... 859

Rule 9.315 Liability ........................................................................................................................... 860

Rule 9.317 Employment of the Interim Administrator as Attorney for an Affected Client .............. 860

MICHIGAN COURT RULES OF 1985

Updated June 21, 2024

THE MICHIGAN COURT RULES

The Michigan Rules of Court are the rules adopted by the Michigan Supreme Court to govern

Michigan’s legal system and the judges, lawyers, and other professionals who are charged with preserving

the integrity of that system. The purpose of the Court Rules is to establish uniform rules and procedures for

all levels of Michigan’s court system. These regulations ensure that cases are resolved without undue delay

and that those who appear in court receive due process and equal treatment under the law.

EEP INFORMED

Sign-up to receive emails that contain recent orders of the Michigan Supreme Court that propose

and adopt rule amendments or pertain to other administrative matters of the Court.

Chapter 1. General Provisions Page 1 Updated June 21, 2024

MICHIGAN COURT RULES OF 1985

Chapter 1. General Provisions

Updated June 21, 2024

SUBCHAPTER 1.100 APPLICABILITY; CONSTRUCTION

RULE 1.101 TITLE; CITATION

These rules are the “Michigan Court Rules of 1985.” An individual rule may be referred to

as “Michigan Court Rule __________,” and cited by the symbol “MCR __________.” For

example, this rule may be cited as MCR 1.101.

ULE 1.102 EFFECTIVE DATE

These rules take effect on March 1, 1985. They govern all proceedings in actions brought

on or after that date, and all further proceedings in actions then pending. A court may permit a

pending action to proceed under the former rules if it finds that the application of these rules to

that action would not be feasible or would work injustice.

ULE 1.103 APPLICABILITY

The Michigan Court Rules govern practice and procedure in all courts established by the

constitution and laws of the State of Michigan. Rules stated to be applicable only in a specific

court or only to a specific type of proceeding apply only to that court or to that type of proceeding

and control over general rules.

ULE 1.104 STATUTORY PRACTICE PROVISIONS

Rules of practice set forth in any statute, if not in conflict with any of these rules, are

effective until superseded by rules adopted by the Supreme Court.

ULE 1.105 CONSTRUCTION

These rules are to be construed, administered, and employed by the parties and the court to

secure the just, speedy, and economical determination of every action and to avoid the

consequences of error that does not affect the substantial rights of the parties.

ULE 1.106 CATCH LINES

The catch lines of a rule are not part of the rule and may not be used to construe the rule

more broadly or more narrowly than the text indicates.

Chapter 1. General Provisions Page 2 Updated June 21, 2024

RULE 1.107 NUMBER

Words used in the singular also apply to the plural, where appropriate.

ULE 1.108 COMPUTATION OF TIME

In computing a period of time prescribed or allowed by these rules, by court order, or by

statute, the following rules apply:

(1) The day of the act, event, or default after which the designated period of time begins to

run is not included. The last day of the period is included, unless it is a Saturday, Sunday,

legal holiday, or day on which the court is closed pursuant to court order; in that event the

period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or

day on which the court is closed pursuant to court order.

(2) If a period is measured by a number of weeks, the last day of the period is the same day

of the week as the day on which the period began.

(3) If a period is measured by months or years, the last day of the period is the same day of

the month as the day on which the period began. If what would otherwise be the final

month does not include that day, the last day of the period is the last day of that month. For

example, “2 months” after January 31 is March 31, and “3 months” after January 31 is

April 30.

ULE 1.109 COURT RECORDS DEFINED; DOCUMENT DEFINED; FILING STANDARDS; SIGNATURES;

LECTRONIC FILING AND SERVICE; ACCESS

(A) Court Records Defined.

(1) Court records are defined by MCR 8.119 and this subrule. Court records are

recorded information of any kind that has been created by the court or filed with the

court in accordance with Michigan Court Rules. Court records may be created using

any means and may be maintained in any medium authorized by these court rules

provided those records comply with other provisions of law and these court rules.

(a) Court records include, but are not limited to:

(i) documents, attachments to documents, discovery materials, and other

materials filed with the clerk of the court,

(ii) documents, recordings, data, and other recorded information created or

handled by the court, including all data produced in conjunction with the use of

any system for the purpose of transmitting, accessing, reproducing, or

maintaining court records.

(b) For purposes of this subrule:

(i) Documents include, but are not limited to, pleadings, orders, and judgments.

Chapter 1. General Provisions Page 3 Updated June 21, 2024

(ii) Recordings refer to audio and video recordings (whether analog or digital),

stenotapes, log notes, and other related records.

(iii) Data refers to any information entered in the case management system that

is not ordinarily reduced to a document but that is still recorded information,

and any data entered into or created by the statewide electronic-filing system.

(iv) Other recorded information includes, but is not limited to, notices, bench

warrants, arrest warrants, and other process issued by the court that do not have

to be maintained on paper or digital image.

(2) Discovery materials that are not filed with the clerk of the court are not court

records. Exhibits that are maintained by the court reporter or other authorized staff

pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not

court records.

(B) Document Defined. A document means a record produced on paper or a digital image

of a record originally produced on paper or originally created by an approved electronic

means, the output of which is readable by sight and can be printed to 8

x 11 inch paper

without manipulation.

the court as required by these court rules must be filed with the clerk of the court in

accordance with MCR 1.109(D), except that the judge to whom the case is assigned may

accept materials for filing when circumstances warrant. A judge who does so shall note

the filing date on the materials and immediately transmit them to the clerk. It is the

responsibility of the party who presented the materials to the judge to confirm that they

have been filed with the clerk. If the clerk records the receipt of materials on a date other

than the filing date, the clerk shall record the filing date in the case history.

(D) Filing Standards.

(1) Form and Captions of Documents.

(a) All documents prepared for filing in the courts of this state and all documents

issued by the courts for placement in a case file must be legible and in the English

language, comply with standards established by the State Court Administrative

Office, and be on good quality 8½ by 11 inch paper or transmitted through an

approved electronic means and maintained as a digital image. Except for

attachments, the font size must be 12 or 13 point for body text and no less than 10

point for footnotes, except with regard to forms approved by the State Court

Administrative Office. Transcripts filed with the court must contain only a single

transcript page per document page, not multiple pages combined on a single

document page.

(b) The first part of every document must contain a caption stating:

(i) the name of the court;

Chapter 1. General Provisions Page 4 Updated June 21, 2024

(ii) the names of the parties or the title of the action or proceeding, subject to

(c);

(iii) the case number, including a prefix of the year filed and a two-letter suffix

for the case-type code from a list provided by the State Court Administrator

pursuant to MCR 8.117, according to the principal subject matter of the

proceeding;

(iv) the identification of the document;

(v) the name, business address, telephone number, and state bar number of

each attorney appearing in the case; and

(vi) the name, an address, and telephone number of each party appearing

without an attorney.

Parties and attorneys may also include Ms., Mr., or Mx. as a preferred form of

address and one of the following personal pronouns in the name section of the

caption: he/him/his, she/her/hers, or they/them/theirs. Courts must use the

individual's name, the designated salutation or personal pronouns, or other

respectful means that are not inconsistent with the individual's designated

salutation or personal pronouns when addressing, referring to, or identifying the

party or attorney, either orally or in writing.

names of all the parties, with the plaintiff’s name placed first. In subsequent

documents, it is sufficient to state the name of the first party on each side with an

appropriate indication of other parties, such as “et al.”

(d) In a case filed under the juvenile code, the caption must also contain a petition

number, where appropriate.

(e) If an action has been assigned to a particular judge in a multi-judge court, the

name of that judge must be included in the caption of a document later filed with

the court.

(f) An affidavit must be verified by oath or affirmation.

(2) Case Initiation Information. A party filing a case initiating document and a party

filing any response or answer to a case initiating document shall provide specified case

information in the form and manner established by the State Court Administrative

Office and as specified in other applicable rules. At a minimum, specified case

information shall include the name, an address for service, an e-mail address, and a

telephone number of every party, and:

(a) in a civil action, either of the following statements:

(i) There is no other pending or resolved civil action arising out of the

transaction or occurrence alleged in the complaint, or

(ii) A civil action between these parties or other parties arising out of the

transaction or occurrence alleged in the complaint has been previously filed in

[this court]/ [_________ Court], where it was given case number __________

Chapter 1. General Provisions Page 5 Updated June 21, 2024

and was assigned to Judge ___________. The action [remains]/[is no longer]

pending.

(b) in proceedings governed by chapters 3.200 and 3.900, except for outgoing

requests to other states and incoming registration actions filed under the Revised

Uniform Reciprocal Enforcement of Support Act, MCL 780.151 et seq. and the

Uniform Interstate Family Support Act, MCL 552.2101 et seq., either of the

following statements, if known:

(i) There are no pending or resolved cases within the jurisdiction of the family

division of the circuit court involving the family or family members of the

person[s] who [is/are] the subject of the complaint or petition, or

(ii) There is one or more pending or resolved cases within the jurisdiction of

the family division of the circuit court involving the family or family members

of the person[s] who [is/are] the subject of the complaint or petition. I have

filed a completed case inventory listing those cases.

(3) Verification. Except when otherwise specifically provided by rule or statute, a

document need not be verified or accompanied by an affidavit. If a document is

required or permitted to be verified, it may be verified by

(a) oath or affirmation of the party or of someone having knowledge of the facts

stated; or

(b) except as to an affidavit, including the following signed and dated declaration:

“I declare under the penalties of perjury that this _________ has been examined by

me and that its contents are true to the best of my information, knowledge, and

belief.” Any requirement of law that a document filed with the probate court must

be sworn may be also met by this declaration.

In addition to the sanctions provided by subrule (E), a person who knowingly makes a

false declaration under this subrule may be found in contempt of court.

(4) All other materials submitted for filing shall be prepared in accordance with this

subrule and standards established by the State Court Administrative Office. An

attachment or discovery material that is submitted for filing shall be made part of the

public case file unless otherwise confidential.

(5) Except where electronic filing is implemented, all original documents filed on

paper may be reproduced and maintained by the court as a digital image in place of the

paper original in accordance with standards established by the State Court

Administrative Office. Any document reproduced under this subrule replaces the

paper as the official record.

(6) A clerk of the court may reject nonconforming documents as prescribed by MCR

8.119.

(7) Electronic filing and electronic service of documents is governed by subrule (G)

and the policies and standards of the State Court Administrative Office.

Chapter 1. General Provisions Page 6 Updated June 21, 2024

(8) Filing Documents Under Seal. Public documents may not be filed under seal

except when the court has previously entered an order in the case under MCR

2.302(C). However, a document may be made nonpublic temporarily before an order

is entered as follows:

(a) A filer may request that a public document be made nonpublic temporarily

when filing a motion to seal a document under MCR 8.119(I). As part of the filing,

the filer shall provide a proposed order granting the motion to seal and shall

identify each document that is to be sealed under the order. The filer shall bear the

burden of establishing good cause for sealing the document.

(b) Pending the court’s order, the filer shall serve on all the parties:

(i) copies of the motion to seal and the request to make each document

nonpublic temporarily,

(ii) each document to be sealed, and

(iii) the proposed order.

are made nonpublic pending entry of the order.

(d) Before entering an order sealing a document under this rule, the court shall

comply with MCR 8.119(I). On entry of the order on the motion, the clerk shall

seal only those documents stated in the court’s order and shall remove the

nonpublic status of any of the documents that were not stated in the order.

(9) Personal Identifying Information.

(a) The following personal identifying information is protected and shall not be

included in any public document or attachment filed with the court on or after

April 1, 2022, except as provided by these rules:

(i) date of birth,

(ii) social security number or national identification number,

(iii) driver’s license number or state-issued personal identification card

number,

(iv) passport number, and

(v) financial account numbers.

(b) Filing, Accessing, and Serving Personal Identifying Information

(i) All protected personal identifying information listed in this rule that is

required by law or court rule to be filed with the court or that is necessary to

the court for purposes of identifying a particular person in a case must be

provided to the court in the form and manner established by the State Court

Administrative Office.

(ii) Where a social security number is required to be filed with the court, it

shall be the last four digits only. This requirement does not apply to documents

Chapter 1. General Provisions Page 7 Updated June 21, 2024

required to be filed with the friend of the court that are not placed in the court's

legal file under MCR 8.119(D).

(iii) Except as otherwise provided by these rules, if a party is required to

include protected personal identifying information in a public document filed

with the court, the party shall file the document with the protected personal

identifying information redacted, along with a personal identifying information

form approved by the State Court Administrative Office under subrule (i). The

personal identifying information form must identify each item of redacted

information and specify an appropriate reference that uniquely corresponds to

each item of redacted information listed. All references in the case to the

redacted identifiers listed in the personal identifying information form will be

understood to refer to the corresponding complete identifier. A party may

amend the personal identifying information form as of right. Fields for

protected personal identifying information may be included in SCAO-

approved court forms, and the information will be protected in the form and

manner established by the State Court Administrative Office.

Unredacted protected personal identifying information may be included on

Uniform Law Citations filed with the court and on proposed orders submitted

to the court. If a party submits to the court a proposed order that is required to

contain unredacted protected personal identifying information once issued by

the court, the party shall not attach the proposed order to another document.

(iv) Protected personal identifying information provided under this subrule is

nonpublic and available, as required for case activity or as otherwise

authorized by law or these court rules, only to the parties to the case; interested

persons as defined in these court rules; and other persons, entities, or agencies

entitled by law or these court rules to access nonpublic records filed with the

court.

(v) Consent.

(A) A party may stipulate in writing to allow access to his or her protected

personal identifying information to any person, entity, or agency. Unless

otherwise provided by this subrule, the stipulation must be presented to the

court when trying to access the protected personal identifying information.

(B) The State Court Administrative Office will maintain a list of authorized

individuals who are permitted access to a party’s date of birth contained in

a court record for purposes of verifying the identity of that particular

person without the need to present a stipulation to the court. To be placed

on this list, these individuals must conform to the following procedures:

(1) In a written document, identify the entity for which they work and

provide assurance to the State Court Administrative Office that each

time they seek verification of a party's date of birth, it will be in the

course of their work and with that person's consent. The consent must

be retained in the possession of the authorized individual, the entity for

whom the individual works, the person or organization seeking the

Chapter 1. General Provisions Page 8 Updated June 21, 2024

information about the person, or someone acting on behalf of that

person or organization. Such assurance may be satisfied by a letter

from the entity for which the individual works or other document

establishing authorization. The assurance required under this provision

shall be updated at least every six months, beginning from the date of

the original submission. The update must be provided by the individual

who seeks access to a person's date of birth or by the entity that

authorizes the individual to operate on its behalf in accessing the

information.

(2) Submit proof of their employer’s or hiring entity’s current

professional liability insurance in effect during the period when an

authorized individual will be seeking date of birth information from a

court. Failure to do so will result in the individual being removed from

the list or in the individual not being placed on the list. The information

provided in support of this provision shall be nonpublic. The proof of

insurance required under this provision shall be updated upon the

expiration or termination of the insurance policy.

(3) Courts must verify the identity of anyone who claims to be an

authorized individual by ensuring the name on the individual’s state-

issued identification matches the name in SCAO’s authorized user list.

Courts and the State Court Administrative Office may create secure,

individualized accounts that allow authorized individuals to access a

party’s date of birth electronically. A court must issue a public register

of actions or other public document that includes a party's date of birth

to an authorized individual.

(vi) A party or a court is not exempt from the requirement to serve a nonpublic

document containing protected personal identifying information that has been

filed with the court under subrule (i), except by court order in accordance with

subrule (vii).

(vii) Upon a finding of just cause, on the court’s own motion or on motion of

the party, the court may order any personal identifying information be made

confidential. The order shall identify the party, person, or entity to whom

access is restricted. If a party’s home address or telephone number is made

confidential, the order shall designate an alternative address for serving

documents on that party or provide an alternative telephone number for

making contact with that party for purposes of case activity.

information. A court shall not reject a document for filing, dismiss a case, or take

other negative action against a party for failure to file protected personal

identifying information on a local court form.

(d) Failure to Comply.

Chapter 1. General Provisions Page 9 Updated June 21, 2024

(i) A party waives the protection of personal identifying information as to the

party’s own protected information by filing it in a public document and not

providing it in the form and manner established under this rule.

(ii) If a party fails to comply with the requirements of this rule, the court may,

upon motion or its own initiative, seal the improperly filed documents and

order new redacted documents to be prepared and filed.

(e) Protected personal identifying information provided to the court as required by

subrule (b) shall be entered into the court's case management system in accordance

with standards established by the State Court Administrative Office. The

information shall be maintained for the purposes for which it was collected and for

which its use is authorized by federal or state law or court rule; however, it shall

not be included or displayed as case history under MCR 8.119(D)(1).

(10) Request for Copy of Public Document with Protected Personal Identifying

Information; Redacting Personal Identifying Information; Responsibility; Certifying

Original Record; Other.

(a) The responsibility for excluding or redacting personal identifying information

listed in subrule (9) from all documents filed with or offered to the court rests

solely with the parties and their attorneys. The clerk of the court is not required to

review, redact, or screen documents at time of filing for personal identifying

information, protected or otherwise, whether filed electronically or on paper. For a

document filed with or offered to the court, except as otherwise provided in these

rules, the clerk of the court is not required to redact protected personal identifying

information from that document, regardless of whether filed before or after April

1, 2022, before providing a requested copy of the document (whether requested in

person or via the internet) or before providing direct access to the document via a

publicly accessible computer at the courthouse.

(b) Dissemination of social security numbers by the courts is restricted to the

purposes for which its use is authorized by federal or state law. When a court

receives a request for copies of any public document filed on or after March 1,

2006, the court must review the document and redact all social security numbers

on the copy. This requirement does not apply to certified copies or true copies

when they are required by law, or copies made for those uses for which the social

security number was provided.

(i) Protected personal identifying information contained in a document and

filed with the court shall be redacted by the clerk of the court on written

request by the person to whom it applies. The clerk of the court shall process

the request promptly. The request does not require a motion fee, must specify

the protected personal identifying information to be redacted, and shall be

maintained in the case file as a nonpublic document.

(ii) Personal identifying information that is not protected as identified in this

rule may also be redacted or made confidential or nonpublic. The party or

person whose personal identifying information is in a public document filed

Chapter 1. General Provisions Page 10 Updated June 21, 2024

with the court may file an ex parte motion asking the court to direct the clerk to

redact the information from that document or to make the information either

confidential or nonpublic. The court may schedule a hearing on the motion at

its discretion. The court shall enter such an order if the party or person’s

privacy interest outweighs the public's interest in the information. The motion

shall be on a form approved by the state court administrative office, must

specify the personal identifying information to be redacted, and shall be

maintained in the case file as a nonpublic document.

(iii) A party or person whose protected personal identifying information is in

an exhibit offered for hearing or trial may file a written request that the

information be redacted. The request does not require a motion fee, must

specify the protected personal identifying information to be redacted, and shall

be maintained in the case file as a nonpublic document. The court shall enter

such an order if the party or person's privacy interest outweighs the public’s

interest in the information.

(iv) Unredacted protected personal identifying information may be included on

transcripts filed with the court but must be redacted by the clerk of the court

pursuant to a written request submitted under MCR 1.109(D)(10)(c)(i). The

written request must identify the page and line number for each place in the

transcript where the protected information is located.

(d) Certifying a Record. The clerk of the court may certify a redacted record as a

true copy of an original record on file with the court by stating that information has

been redacted in accordance with law or court rule, or sealed as ordered by the

court.

(e) Maintenance of Redacted or Restricted Access Personal Identifying

Information. A document from which personal identifying information has been

redacted shall be maintained in accordance with standards established by the State

Court Administrative Office.

(11) Change in Contact Information for Purposes of Service; Modified Captions of

Documents.

(a) A party or attorney must file with the court and serve on other parties or

attorneys written notice of a change in contact information that is needed for

service under MCR 2.107(C) or MCR 1.109(G)(6)(a). Contact information

includes name, physical address, mailing address, phone number, and when

required, email address. The written notice of changed contact information must

be served in accordance with MCR 2.107(C) or MCR 1.109(G)(6)(a), as

applicable.

(i) In all cases, written notice of a change in name, physical address, mailing

address, and phone number shall be on a form approved by the State Court

Administrative Office.

(ii) In cases using alternative electronic service under MCR 2.107(C)(4),

written notice of a change in email address shall be on a form approved by the

State Court Administrative Office.

Chapter 1. General Provisions Page 11 Updated June 21, 2024

(iii) In cases using the electronic filing system for service, written notice of a

change in email address shall be provided using the electronic filing system.

(b) The clerk of the court must update the case caption with the modified contact

information; however, the case title shall not be modified as a result of a change of

name.

the new mailing address as required by MCR 2.107(C) or the new email address as

required by MCR 1.109(G)(6)(a).

(E) Signatures.

(1) A signature, as required by these court rules and law, means a written signature as

defined by MCL 8.3q or an electronic signature as defined by this subrule.

(2) Requirement. Every document of a party represented by an attorney shall be signed

by at least one attorney of record. A party who is not represented by an attorney must

sign the document. In probate proceedings the following also applies:

(a) When a person is represented by an attorney, the signature of the attorney is

required on any paper filed in a form approved by the State Court Administrator

only if the form includes a place for a signature.

(b) An application, petition, or other paper may be signed by the attorney for the

petitioner, except that an inventory, account, acceptance of appointment, and

sworn closing statement must be signed by the fiduciary or trustee. A receipt for

assets must be signed by the person entitled to the assets.

(3) Failure to Sign. If a document is not signed, it shall be stricken unless it is signed

promptly after the omission is called to the attention of the party.

(4) An electronic signature is acceptable in accordance with this subrule.

(a) An electronic signature means an electronic sound, symbol, or process,

attached to or logically associated with a record and executed or adopted by a

person with the intent to sign the record. The following form is acceptable: /s/ John

L. Smith.

(b) Retention of a signature electronically affixed to a document that will be

retained by the court in electronic format must not be dependent upon the

mechanism that was used to affix that signature.

(5) Effect of Signature. The signature of a person filing a document, whether or not

represented by an attorney, constitutes a certification by the signer that:

(a) he or she has read the document;

(b) to the best of his or her knowledge, information, and belief formed after

reasonable inquiry, the document is well grounded in fact and is warranted by

existing law or a good-faith argument for the extension, modification, or reversal

of existing law; and

Chapter 1. General Provisions Page 12 Updated June 21, 2024

to cause unnecessary delay or needless increase in the cost of litigation.

(6) Sanctions for Violation. If a document is signed in violation of this rule, the court,

on the motion of a party or on its own initiative, shall impose upon the person who

signed it, a represented party, or both, an appropriate sanction, which may include an

order to pay to the other party or parties the amount of the reasonable expenses

incurred because of the filing of the document, including reasonable attorney fees. The

court may not assess punitive damages.

(7) Sanctions for Frivolous Claims and Defenses. In addition to sanctions under this

rule, a party pleading a frivolous claim or defense is subject to costs as provided in

MCR 2.625(A)(2). The court may not assess punitive damages.

(F) Requests for access to public court records shall be granted in accordance with MCR

8.119(H).

(G) Electronic Filing and Service.

(1) Definitions. For purposes of this subrule:

(a) “Authorized user” means a user of the e-filing system who is registered to file,

serve, and receive documents and related data through approved electronic means.

A court may revoke user authorization for good cause as determined by the court,

including but not limited to a security breach.

(b) “Electronic filing” or “e-filing” means the electronic transmission of data and

documents to the court through the electronic-filing system.

Administrative Office that permits electronic transmission of data and documents.

(d) “Electronic notification” means the electronic transmission of information

from the court to authorized users through the electronic-filing system. This does

not apply to service of documents. See subrule (f).

(e) “Electronic service” or “e-service” means the electronic service of information

by means of the electronic-filing system under this rule. It does not include service

by alternative electronic service under MCR 2.107(C)(4).

(f) “Notice of electronic filing or service” means a notice automatically generated

by the e-filing system at the time a document is filed or served.

(2) Electronic-Filing and Electronic-Service Standards. Courts shall implement

electronic filing and electronic service capabilities in accordance with this rule and

shall comply with the standards established by the State Court Administrative Office.

Confidential and nonpublic information or documents and sealed documents that are

electronically filed or electronically served must be filed or served in compliance with

these standards to ensure secure transmission of the information.

(3) Scope and Applicability.

(a) A court shall:

Chapter 1. General Provisions Page 13 Updated June 21, 2024

(i) accept electronic filing and permit electronic service of documents;

(ii) comply with the electronic-filing guidelines and plans approved by the

State Court Administrative Office; and

(iii) maintain electronic documents in accordance with the standards

established by the State Court Administrative Office.

(b) A court may allow documents, including but not limited to materials related to

case evaluations or inventory information for decedent estates, to be transmitted to

the court for purposes other than filing in a case file.

materials that cannot be filed or served electronically.

(d) Converting Paper Documents. The clerk of the court shall convert to electronic

format certain documents filed on paper in accordance with the electronic filing

implementation plans established by the State Court Administrative Office.

(e) A court may electronically send any notice, order, opinion, or other document

issued by the court in that case by means of the electronic-filing system. This rule

shall not be construed to eliminate any responsibility of a party, under these rules,

to serve documents that have been issued by the court.

(f) For the required case types, attorneys must electronically file documents in

courts where electronic filing has been implemented, unless an attorney filing on

behalf of a party is exempted from electronic filing under subrule (h) because of a

disability. All other filers are required to electronically file documents only in

courts that have been granted approval to mandate electronic filing by the State

Court Administrative Office under AO 2019-2.

(g) Where electronic filing is mandated, a party may file paper documents with

that court and be served with paper documents according to subrule (G)(6)(a)(ii) if

the party can demonstrate good cause for an exemption. For purposes of this rule, a

court shall consider the following factors in determining whether the party has

demonstrated good cause:

(i) Whether the person has a lack of reliable access to an electronic device that

includes access to the Internet;

(ii) Whether the person must travel an unreasonable distance to access a public

computer or has limited access to transportation and is unable to access the e-

Filing system from home;

(iii) Whether the person has the technical ability to use and understand email

and electronic filing software;

(iv) Whether access from a home computer system or the ability to gain access

at a public computer terminal present a safety issue for the person;

(v) Any other relevant factor raised by a person.

(h) Upon request, the following persons are exempt from electronic filing without

the need to demonstrate good cause:

Chapter 1. General Provisions Page 14 Updated June 21, 2024

(i) a person who has a disability as defined under the Americans with

Disabilities Act that prevents or limits the person’s ability to use the electronic

filing system;

(ii) a person who has limited English proficiency that prevents or limits the

person’s ability to use the electronic filing system; and

(iii) a party who is confined by governmental authority, including but not

limited to an individual who is incarcerated in a jail or prison facility, detained

in a juvenile facility, or committed to a medical or mental health facility.

(i) A request for an exemption must be filed with the court in paper where the

individual’s case will be or has been filed as follows:

(i) The request for an exemption must be on a form approved by the State

Court Administrative Office, must specify the reasons that prevent the

individual from filing electronically, and be verified under MCR 1.109(D)(3).

The individual may file supporting documents along with the request for the

court’s consideration. There is no fee for the request.

(ii) A request made under subrule (h) shall be approved by the clerk of the

court on a form approved by the State Court Administrative Office. If the clerk

of the court is unable to grant an exemption, the clerk shall immediately submit

the request for judicial review.

A judge must review requests that are not granted by a clerk, requests made

under subrule (g), and requests made under subrule(h)(i). The judge shall issue

an order granting or denying the request within two business days of the date

the request was filed.

(j) If the individual filed paper documents at the same time as the request for

exemption under subrule (i), the clerk shall process the documents for filing. If the

documents meet the filing requirements of subrule (D), they will be considered

filed on the day they were submitted.

(k) The clerk of the court must hand deliver or promptly mail the clerk approval

granted or order entered under subrule (i) to the individual. The clerk must place

the request, any supporting documentation, and the clerk approval or order in the

case file. If the request was made under subrule (h)(i), both the Request for

Exemption from Use of MiFILE and the Request for Reasonable

Accommodations, along with any supporting documentation and the clerk

approval or order shall be maintained confidentially. If there is no case file, the

documents must be maintained in a group file.

(l) An exemption granted under this rule is valid only for the court in which it was

filed and for the life of the case unless the individual exempted from filing

electronically registers with the electronic-filing system. In that event, the

individual waives the exemption and becomes subject to the rules of electronic

filing and the requirements of the electronic-filing system. An individual who

waives an exemption under this rule may file another request for exemption.

Chapter 1. General Provisions Page 15 Updated June 21, 2024

(4) Official Court Record. The electronic version of any document filed with or

generated by the court under this rule and any case initiation data transmitted in

accordance with subrule (D)(2) is an official court record.

(5) Electronic-Filing Process.

(a) General Provisions.

(i) Specified case information, including e-mail addresses for achieving

electronic service, shall be provided electronically by the authorized user in the

form and manner established by the State Court Administrative Office

pursuant to subrule (D)(2).

(ii) The authorized user has the responsibility of ensuring that a filing has been

received by the electronic-filing system. If the authorized user discovers that

the version of the document available for viewing through the e-filing system

does not depict the document as submitted, the authorized user shall notify the

clerk of the court immediately and resubmit the filing if necessary. In the event

of a controversy between the clerk of the court and the authorized user, the

authorized user may file a motion with the court under subrule (G)(7).

(iii) If the clerk of the court rejects a submitted document pursuant to MCR

8.119(C), the clerk shall notify the authorized user of the rejection and the

reason for the rejection. A rejected document shall not become part of the

official court record and the rejection shall be recorded in an electronic-filing

transaction from the court to the authorized user in accordance with subrule

(c).

(b) Time and Effect of Electronic Filing. A document submitted electronically is

deemed filed with the court when the transmission to the electronic-filing system

is completed and the required filing fees have been paid or waived. If a document

is submitted with a request to waive the filing fees, no fees will be charged at the

time of filing and the document is deemed filed on the date the document was

submitted to the court. A transmission is completed when the transaction is

recorded as prescribed in subrule (c). Regardless of the date a filing is accepted by

the clerk of the court, the date of filing is the date submitted. Electronic filing is

not restricted by the operating hours of a court and any document submitted at or

before 11:59 p.m. of a business day is deemed filed on that business day. Any

document submitted on a Saturday, Sunday, legal holiday, or other day on which

the court is closed pursuant to court order is deemed filed on the next business day.

submission for nonpayment, the electronic-filing system shall record the filing

transaction and send a notice of receipt of the submission and payment or rejection

to the authorized user. When the filing transaction is date and time stamped, the

electronic-filing system shall record the filing transaction and send a notice of

electronic-filing to the authorized user. If the filing is rejected, the electronic-filing

system shall record the rejection and send a notice of the rejection to the

authorized user. The system shall maintain for every court a record of each

submission, payment, filing, and rejection transaction in accordance with the

Chapter 1. General Provisions Page 16 Updated June 21, 2024

records retention and disposal schedules and standards established by the State

Court Administrative Office. A notice of electronic filing shall include the date

and time of the transaction, the name of the authorized user filing the document(s),

the type of document, the name of the authorized user receiving the notice, and a

hyperlink to the filed or rejected document(s).

(d) Documents Under Seal. Except for documents filed pursuant to a protective

order issued under MCR 2.302(C), a party seeking to file a document under seal

must comply with subrule (D)(8).

(6) Electronic-Service Process.

(a) General Provisions.

(i) Service of process of case initiating documents shall be made in accordance

with the rules and laws required for the particular case type.

(ii) Service of process of all other documents electronically filed shall be

accomplished electronically among authorized users through the electronic-

filing system. If a party has been exempted from electronic filing or has not

registered with the electronic-filing system, service shall be made on that party

by any other method required by Michigan Court Rules.

(iii) Delivery of documents through the electronic-filing system in conformity

with these rules is valid and effective personal service and is proof of service

under Michigan Court Rules.

(iv) Except for service of process of initiating documents and as otherwise

directed by the court or court rule, service may be performed simultaneously

with filing.

(v) When a court rule permits service by mail, service may be accomplished

electronically under this subrule.

(b) Time and Effect. A document served electronically through the electronic-

filing system in conformity with all applicable requirements of this rule is

considered served when the transmission to the recipient’s e-mail address is

completed. A transmission is completed when the transaction is recorded as

prescribed in subrule (c).

filing system shall record the service transaction. The system shall maintain for

every court a record of each service transaction in accordance with the state-

approved records retention and disposal schedules and standards established by the

State Court Administrative Office.

(7) Transmission Failures.

(a) In the event the electronic-filing system fails to transmit a document submitted

for filing, the authorized user may file a motion requesting that the court enter an

order permitting the document to be deemed filed on the date it was first attempted

to be sent electronically. The authorized user must prove to the court’s satisfaction

that:

Chapter 1. General Provisions Page 17 Updated June 21, 2024

(i) the filing was attempted at the time asserted by the authorized user;

(ii) the electronic-filing system failed to transmit the electronic document; and

(iii) the transmission failure was not caused, in whole or in part, by any action

or inaction of the authorized user. A transmission failure caused by a problem

with a filer’s telephone line, ISP, hardware, or software shall be attributed to

the filer.

(b) Scheduled system outages, such as for system maintenance, shall be posted on

the MiFILE website.

Justice website if the electronic-filing system becomes unavailable for an extended

or indefinite period. The notice shall indicate that filers are responsible for filing

documents on paper and serving paper in another manner required by Michigan

Court Rules in order to meet any deadlines imposed by statute or court rule.

(d) Notice of Undeliverable Transmission of Served Document. Electronic service

by the electronic-filing system is complete upon transmission as defined in subrule

(G)(6)(b) unless the person or entity making service learns that the attempted

service did not reach the intended recipient.

(i) If the transmission is undeliverable, the person or entity responsible for

serving the document must immediately serve by regular mail under MCR

2.107(C)(3) or by delivery under MCR 2.107(C)(1) or (2) the document and a

copy of the notice indicating that the transmission was undeliverable. The

person or entity must also include a copy of the notice when filing proof of

service with the court under this subrule.

(ii) A recipient who is served with a notice under subrule (7)(d)(i) should

ensure the electronic filing system reflects their current email address.

(e) In the event the electronic-filing system fails to transmit a document selected

for service, if deemed necessary to ensure due process rights are protected, the

State Court Administrator shall provide notice to the affected persons in either of

the following ways:

(i) file, as a nonparty, a notice of defective service in each affected case and, as

deemed appropriate, serve the notice, or

(ii) send notice of a system-wide transmission failure to each affected system

user.

(f) If notice is provided under subrule (d), the clerk of the court where the affected

case is filed must enter the event in the case history in accordance with MCR

8.119(D)(1)(a).

(g) A fee shall not be assessed on a motion filed claiming that rights in the case

were adversely affected by transmission failure of a document selected for service.

(H) Definitions. The following definitions apply to case records as defined in MCR

8.119(D) and (E).

Chapter 1. General Provisions Page 18 Updated June 21, 2024

(1) “Confidential” means that a case record is nonpublic and accessible only to those

individuals or entities specified in statute or court rule. A confidential record is

accessible to parties only in the manner specified in statute or court rule.

(2) “Nonpublic” means that a case record is not accessible to the public. A nonpublic

case record is accessible to parties and only those other individuals or entities

specified in statute or court rule. A record may be made nonpublic only pursuant to

statute or court rule. A court may not make a record nonpublic by court order.

(3) “Redact” means to obscure individual items of information within an otherwise

publicly accessible document.

(4) “Redacted document” means a copy of an original document in which items of

information have been redacted.

(5) “Sealed” means that a document or portion of a document is sealed by court order

pursuant to MCR 8.119(I). Except as required by statute, an entire case may not be

sealed.

ULE 1.110 COLLECTION OF FINES AND COSTS

Fines, costs, and other financial obligations imposed by the court must be paid at the time

of assessment, except when the court allows otherwise, for good cause shown.

ULE 1.111 FOREIGN LANGUAGE INTERPRETERS

(A) Definitions

When used in this rule, the following words and phrases have the following definitions:

(1)“Case or Court Proceeding” means any hearing, trial, or other appearance before

any court in this state in an action, appeal, or other proceeding, including any matter

conducted by a judge, magistrate, referee, or other hearing officer.

(2)“Party” means a person named as a party or a person with legal decision-making

authority in the case or court proceeding.

(3) A person is “financially able to pay for interpretation costs” if the court determines

that requiring reimbursement of interpretation costs will not pose an unreasonable

burden on the person’s ability to have meaningful access to the court. For purposes of

this rule, a person is financially able to pay for interpretation costs when:

(a) The person’s family or household income is greater than 125% of the federal

poverty level; and

(b) An assessment of interpretation costs at the conclusion of the litigation would

not unreasonably impede the person’s ability to defend or pursue the claims

involved in the matter.

(4) “Certified foreign language interpreter” means a person who has:

Chapter 1. General Provisions Page 19 Updated June 21, 2024

(a) passed a foreign language interpreter test administered by the State Court

Administrative Office or a similar state or federal test approved by the state court

administrator,

(b) met all the requirements established by the state court administrator for this

interpreter classification, and

(5) “Interpret” and “interpretation” mean the oral rendering of spoken communication

from one language to another without change in meaning.

(6) “Qualified foreign language interpreter” means:

(a) A person who provides interpretation services, provided that the person has:

(i) registered with the State Court Administrative Office; and

(ii) passed the consecutive portion of a foreign language interpreter test

administered by the State Court Administrative Office or a similar state or

federal test approved by the state court administrator (if testing exists for the

language), and is actively engaged in becoming certified; and

(iii) met the requirements established by the state court administrator for this

interpreter classification; and

(iv) been determined by the court after voir dire to be competent to provide

interpretation services for the proceeding in which the interpreter is providing

services, or

(b) A person who works for an entity that provides in-person interpretation

services provided that:

(i) both the entity and the person have registered with the State Court

Administrative Office; and

(ii) the person has met the requirements established by the state court

administrator for this interpreter classification; and

(iii) the person has been determined by the court after voir dire to be competent

to provide interpretation services for the proceeding in which the interpreter is

providing services, or

telecommunication equipment, provided that:

(i) the entity has registered with the State Court Administrative Office; and

(ii) the entity has met the requirements established by the state court

administrator for this interpreter classification; and

(iii) the person has been determined by the court after voir dire to be competent

to provide interpretation services for the proceeding in which the interpreter is

providing services

(B) Appointment of a Foreign Language Interpreter

Chapter 1. General Provisions Page 20 Updated June 21, 2024

(1) If a person requests a foreign language interpreter and the court determines such

services are necessary for the person to meaningfully participate in the case or court

proceeding, or on the court’s own determination that foreign language interpreter

services are necessary for a person to meaningfully participate in the case or court

proceeding, the court shall appoint a foreign language interpreter for that person if the

person is a witness testifying in a civil or criminal case or court proceeding or is a

party.

(2) The court may appoint a foreign language interpreter for a person other than a

party or witness who has a substantial interest in the case or court proceeding.

(3) In order to determine whether the services of a foreign language interpreter are

necessary for a person to meaningfully participate under subrule (B)(1), the court shall

rely upon a request by an LEP individual (or a request made on behalf of an LEP

individual) or prior notice in the record. If no such requests have been made, the court

may conduct an examination of the person on the record to determine whether such

services are necessary. During the examination, the court may use a foreign language

interpreter. For purposes of this examination, the court is not required to comply with

the requirements of subrule (F) and the foreign language interpreter may participate

remotely.

A person may waive the right to a foreign language interpreter established under

subrule (B)(1) unless the court determines that the interpreter is required for the

protection of the person's rights and the integrity of the case or court proceeding. The

court must find on the record that a person’s waiver of an interpreter is knowing and

voluntary. When accepting the person’s waiver, the court may use a foreign language

interpreter. For purposes of this waiver, the court is not required to comply with the

requirements of subrule (F) and the foreign language interpreter may participate

remotely.

(D) Recordings

The court may make a recording of anything said by a foreign language interpreter or a

limited English proficient person while testifying or responding to a colloquy during

those portions of the proceedings.

(E) Avoidance of Potential Conflicts of Interest

(1) The court should use all reasonable efforts to avoid potential conflicts of interest

when appointing a person as a foreign language interpreter and shall state its reasons

on the record for appointing the person if any of the following applies:

(a) The interpreter is compensated by a business owned or controlled by a party or

a witness;

(b) The interpreter is a friend, a family member, or a household member of a party

or witness;

Chapter 1. General Provisions Page 21 Updated June 21, 2024

(d) The interpreter is a law enforcement officer;

(e) The interpreter has a pecuniary or other interest in the outcome of the case;

(f) The appointment of the interpreter would not serve to protect a party’s rights or

ensure the integrity of the proceedings;

(g) The interpreter does have, or may have, a perceived conflict of interest;

(h) The appointment of the interpreter creates an appearance of impropriety.

(2) A court employee may interpret legal proceedings as follows:

(a) The court may employ a person as an interpreter. The employee must meet the

minimum requirements for interpreters established by subrule (A)(4). The state

court administrator may authorize the court to hire a person who does not meet the

minimum requirements established by subrule (A)(4) for good cause including the

unavailability of a certification test for the foreign language and the absence of

certified interpreters for the foreign language in the geographic area in which the

court sits. The court seeking authorization from the state court administrator shall

provide proof of the employee’s competency to act as an interpreter and shall

submit a plan for the employee to meet the minimum requirements established by

subrule (A)(4) within a reasonable time.

(b) The court may use an employee as an interpreter if the employee meets the

minimum requirements for interpreters established by this rule and is not

otherwise disqualified.

(F) Appointment of Foreign Language Interpreters

(1) When the court appoints a foreign language interpreter under subrule (B)(1), the

court shall appoint a certified foreign language interpreter whenever practicable. If a

certified foreign language interpreter is not reasonably available, and after considering

the gravity of the proceedings and whether the matter should be rescheduled, the court

may appoint a qualified foreign language interpreter who meets the qualifications in

(A)(6). The court shall make a record of its reasons for using a qualified foreign

language interpreter.

(2) If neither a certified foreign language interpreter nor a qualified foreign language

interpreter is reasonably available, and after considering the gravity of the proceeding

and whether the matter should be rescheduled, the court may appoint a person whom

the court determines through voir dire to be capable of conveying the intent and

content of the speaker's words sufficiently to allow the court to conduct the proceeding

without prejudice to the limited English proficient person.

(3) The court shall appoint a single interpreter for a case or court proceeding. The

court may appoint more than one interpreter after consideration of the nature and

duration of the proceeding; the number of parties in interest and witnesses requiring an

interpreter; the primary languages of those persons; and the quality of the remote

technology that may be utilized when deemed necessary by the court to ensure

effective communication in any case or court proceeding.

Chapter 1. General Provisions Page 22 Updated June 21, 2024

(4) The court may set reasonable compensation for interpreters who are appointed by

the court. Court-appointed interpreter costs are to be paid out of funds provided by law

or by the court.

(5) If a party is financially able to pay for interpretation costs, the court may order the

party to reimburse the court for all or a portion of interpretation costs.

(6) Any doubts as to eligibility for interpreter services should be resolved in favor of

appointment of an interpreter.

(7) At the time of determining eligibility, the court shall inform the party or witness of

the penalties for making a false statement. The party has the continuing obligation to

inform the court of any change in financial status and, upon request of the court, the

party must submit financial information.

(G) Administration of Oath or Affirmation to Interpreters

The court shall administer an oath or affirmation to a foreign language interpreter

substantially conforming to the following: “Do you solemnly swear or affirm that you

will truly, accurately, and impartially interpret in the matter now before the court and

not divulge confidential communications, so help you God?”

(H) Request for Review

(1) Any time a court denies a request for the appointment of a foreign language

interpreter or orders reimbursement of interpretation costs, it shall do so by written

order.

(2) An LEP individual may immediately request review of the denial of appointment

of a foreign language interpreter or an assessment for the reimbursement of

interpretation costs. A request for review must be submitted to the court within 56

days after entry of the order.

(a) In a court having two or more judges, the chief judge shall decide the request

for review de novo.

(b) In a single-judge court, or if the denial was issued by a chief judge, the judge

shall refer the request for review to the state court administrator for assignment to

another judge, who shall decide the request de novo.

(d) A pending request for review under this subrule must be decided on an

expedited basis.

(e) No motion fee is required for a request for review made under this subrule.

ULE 1.112 FILINGS BY INCARCERATED INDIVIDUALS

If filed by an unrepresented individual who is incarcerated in a prison or jail, a pleading or

other document must be deemed timely filed if it was deposited in the institution’s outgoing mail

on or before the filing deadline. Proof of timely filing may include a receipt of mailing, a sworn

Chapter 1. General Provisions Page 23 Updated June 21, 2024

statement setting forth the date of deposit and that postage has been prepaid, or other evidence

(such as a postmark or date stamp) showing that the document was timely deposited and that

postage was prepaid.

SUBCHAPTER 1.200 AMENDMENT OF MICHIGAN COURT RULES

RULE 1.201 AMENDMENT PROCEDURE

(A) Notice of Proposed Amendment. Before amending the Michigan Court Rules or

other sets of rules within its jurisdiction, the Supreme Court will notify the secretary of

the State Bar of Michigan and the state court administrator of the proposed

amendment, and the manner and date for submitting comments. The notice also will

be posted on the Court’s website.

(B) Notice to Bar. The state bar secretary shall notify the appropriate state bar

committees or sections of the proposed amendment, and the manner and date for

submitting comments. Unless otherwise directed by the Court, the proposed

amendment shall be published in the Michigan Bar Journal.

Michigan Judges Association, the Michigan District Judges Association, and the

Michigan Probate and Juvenile Court Judges Association of the proposed amendment,

and the manner and date for submitting comments.

(D) Exceptions. The Court may modify or dispense with the notice requirements of

this rule if it determines that there is a need for immediate action or if the proposed

amendment would not significantly affect the delivery of justice.

(E) Administrative Public Hearings. The Court will conduct a public hearing pursuant

to Supreme Court Administrative Order 1997-11 before acting on a proposed

amendment that requires notice, unless there is a need for immediate action, in which

event the amendment will be considered at a public hearing following adoption. Public

hearing agendas will be posted on the Court's website.

Chapter 2. Civil Procedure Page 24 Updated June 21, 2024

MICHIGAN COURT RULES OF 1985

Chapter 2. Civil Procedure

Updated June 21, 2024

SUBCHAPTER 2.000 GENERAL PROVISIONS

RULE 2.001 APPLICABILITY

The rules in this chapter govern procedure in all civil proceedings in all courts established

by the constitution and laws of the State of Michigan, except where the limited jurisdiction of a

court makes a rule inherently inapplicable or where a rule applicable to a specific court or a

specific type of proceeding provides a different procedure.

ULE 2.002 WAIVER OF FEES FOR INDIGENT PERSONS

(A) Applicability and Scope.

(1) Only an individual is eligible for the waiver of fees under this rule. A private or

public organization is not eligible for a waiver of fees unless an applicable statute

provides that no fee(s) shall be required.

(2) Except as provided in subrule (I), for the purpose of this rule “fees” applies only to

fees required by MCL 600.857, MCL 600.880, MCL 600.880a, MCL 600.880b, MCL

600.880c, MCL 600.1027, MCL 600.1986, MCL 600.2529, MCL 600.5756, MCL

600.8371, MCL 600.8420, MCL 700.2517, MCL 700.5104, and MCL 722.717.

(3) Waiver of filing fees for prisoners who are under the jurisdiction of the Michigan

Department of Corrections is governed by MCL 600.2963 and as provided in this rule.

(4) A request to waive fees must be filed in each case for which a waiver is requested.

A request cannot be applied to multiple cases involving the same individual.

(5) If fees are waived under this rule before judgment, the waiver continues through

the date of judgment unless ordered otherwise under subrule (J). If fees are waived

under this rule postjudgment, the waiver continues through the date of adjudication of

the postjudgment proceedings. In probate proceedings, “postjudgment” means any

proceeding in the case after the original petition is adjudicated. If jurisdiction of the

case is transferred to another court, the waiver continues in the receiving court

according to this rule unless ordered otherwise by the receiving court under subrule

(J). If an interlocutory appeal is filed in another court, the waiver continues in the

appellate court.

(6) If the case is appealed, the waiver is void in the appellate court. A request to waive

appellate filing fees may be filed in the appellate court in accordance with this rule.

(B) Request for Waiver of Fees. A request to waive fees must accompany the documents

the individual is filing with the court. If the request is being made by a prisoner under the

jurisdiction of the Michigan Department of Corrections, the prisoner must also file a

Chapter 2. Civil Procedure Page 25 Updated June 21, 2024

certified copy of their institutional account showing the current balance and a 12-month

history of any deposits and withdrawals. The request must be on a form approved by the

State Court Administrative Office entitled “Fee Waiver Request.” Except as provided in

(K), no additional documentation may be required. The information contained on the form

shall be nonpublic. The request must be verified in accordance with MCR 1.109(D)(3)(b)

and may be signed either

(1) by the individual in whose behalf the request is made; or

(2) by a person having personal knowledge of the facts required to be shown, if the

individual in whose behalf the request is made is unable to sign it because of minority

or other disability.

form of means-tested public assistance, the clerk of the court must waive payment of fees

as to that party on a form approved by the State Court Administrative Office. For purposes

of this rule, means-tested public assistance includes but is not limited to:

(1) Food Assistance Program through the State of Michigan;

(2) Medicaid;

(3) Family Independence Program through the State of Michigan;

(4) Women, Infants, and Children benefits;

(5) Supplemental Security Income through the federal government; or

(6) Any other federal, state, or locally administered means-tested income or

benefit.

The clerk of the court must provide a copy of the signed waiver of fees to the individual.

The waiver shall be nonpublic.

(D) Representation by a Legal Services Program. If a party is represented by a legal

services program that is a grantee of the federal Legal Services Corporation or the

Michigan State Bar Foundation, or by a law school clinic that provides services on the

basis of indigence, the clerk of the court must waive payment of fees as to that party on a

form approved by the State Court Administrative Office.

The clerk of the court must provide a copy of the signed waiver of fees to the individual.

The waiver shall be nonpublic.

(E) If the clerk of the court is unable to waive fees under (C) or (D), the clerk shall

immediately submit the request for judicial review.

(F) Other Indigent Individuals. If an individual shows that he or she is unable because of

indigence to pay fees, the court shall order those fees waived. The court must waive fees

when the individual lives in a household with gross income under 125% of the federal

poverty guidelines. The court must also waive fees when gross household income is above

Chapter 2. Civil Procedure Page 26 Updated June 21, 2024

125% of the federal poverty guidelines if the payment of fees would constitute a financial

hardship on the individual.

(G) Order regarding a request to waive fees. A judge shall enter an order either granting or

denying a request made under (E) or (F) within three business days and such order shall be

nonpublic. If required financial information is not provided in the waiver request, the

judge may deny the waiver. An order denying shall indicate the reason for denial. The

order granting a request must include a statement that the person for whom fees are

waived is required to notify the court when the reason for waiver no longer exists.

(1) The clerk of the court shall send a copy of the order to the individual. Except as

otherwise provided in the subrule, if the court denied the request, the clerk shall also

send a notice that to preserve the filing date the individual must pay the fees within 14

days from the date the clerk sends notice of the order or the filing will be rejected. If

the individual is a prisoner under the jurisdiction of the Michigan Department of

Corrections, the clerk’s notice shall indicate that the prisoner must pay the full or

partial payment ordered by the court within 21 days after the date of the order, or the

filing will be rejected.

(2) De Novo Review of Fee Waiver Denials.

(a) Request for De Novo Review. Except as otherwise provided in this subrule, if

the court denies a request for fee waiver, the individual may file a request for de

novo review within 14 days of the notice denying the waiver. A prisoner under the

jurisdiction of the Michigan Department of Corrections may file the de novo

review request within 21 days of the notice denying the waiver. There is no motion

fee for the request. A request for de novo review automatically stays the case or

preserves the filing date until the review is decided. A de novo review must be held

within 14 days of receiving the request.

(b) Review.

(i) If the court holds a hearing on the request for de novo review, it shall be

closed and held on the record. The clerk of the court shall serve notice of the

review at least 9 days before the time set for the hearing if served by mail, or at

least 7 days before the time set for the hearing if served by delivery under

MCR 2.107(C)(1) or (2). The Michigan Rules of Evidence do not apply at this

hearing.

(ii) If a hearing is held, the individual shall bring documents to verify the

statements made in the fee waiver request and request for de novo review. The

court may question the individual regarding the statements made in the

requests.

(i) In a court having two or more judges, the chief judge shall decide the

request for de novo review. In a single-judge court, or if the order denying

waiver was issued by the chief judge, the judge shall refer the request to the

state court administrator for assignment to another judge, who shall decide the

request for de novo review.

Chapter 2. Civil Procedure Page 27 Updated June 21, 2024

(ii) The court shall enter an order reflecting its decision on the de novo review.

If the court denies the request, it shall explain its reasoning in the order.

(H) Domestic Relations Cases; Payment of Fees by Spouse. If a party entitled to relief in

an action for divorce, separate maintenance, annulment, or affirmation of marriage is

qualified for waiver of filing fees under subrule (C), (D), or (F) and is also entitled to an

order requiring the other party to pay attorney fees, the court shall order waiver of

payment of those fees and shall require the other party to pay them, unless the other party

is also qualified to have filing fees waived under subrule (C) or (D) or (F).

(I) Payment of Service Fees and Costs of Publication for Indigent Individuals. If payment

of fees has been waived for an individual and service of process must be made by an

official process server or by publication, the court shall order the service fees or costs of

publication paid by the county or funding unit in which the action is pending, if the

individual files an ex parte affidavit stating facts showing the necessity for that type of

service of process. If known at the time, the affidavit may be included in or with the

request to waive fees.

(J) Reinstatement of Requirement to Pay Fees. If the payment of fees has been waived

under this rule, the court may on its own initiative order the individual for whom the fees

were waived to pay those fees when, upon a finding of fact, the court determines the

reason for the waiver no longer exists. If an order to reinstate fees is entered, the

individual must pay the fees as ordered. If fees are reinstated, the court shall not delay

entry of orders or judgments or in any other way delay the progress of the case pending

payment of the fees.

(K) Review of Fee Waiver Petitions. Only if a court finds that a request for a fee waiver is

incomplete or if a court has a reasonable belief that a request is inaccurate, the court may

conduct further inquiries reasonably necessary to prove indigence or financial hardship.

Any hearing regarding these further inquiries shall be on the record. The notice of hearing

shall indicate the specific issues that are subject to further inquiry.

(L) Notwithstanding any other provision of this rule, courts must enable a litigant who

seeks a fee waiver to do so by an entirely electronic process.

ULE 2.003 DISQUALIFICATION OF JUDGE

(A) Applicability. This rule applies to all judges, including justices of the Michigan

Supreme Court, unless a specific provision is stated to apply only to judges of a certain

court. The word “judge” includes a justice of the Michigan Supreme Court.

(B) Who May Raise. A party may raise the issue of a judge’s disqualification by motion or

the judge may raise it.

Chapter 2. Civil Procedure Page 28 Updated June 21, 2024

(1) Disqualification of a judge is warranted for reasons that include, but are not limited

to, the following:

(a) The judge is biased or prejudiced for or against a party or attorney.

(b) The judge, based on objective and reasonable perceptions, has either (i) a

serious risk of actual bias impacting the due process rights of a party as enunciated

in Caperton v Massey, 556 US 868; 129 S Ct 2252; 173 L Ed 2d 1208 (2009), or

(ii) has failed to adhere to the appearance of impropriety standard set forth in

Canon 2 of the Michigan Code of Judicial Conduct.

proceeding.

(d) The judge has been consulted or employed as an attorney in the matter in

controversy.

(e) The judge was a partner of a party, attorney for a party, or a member of a law

firm representing a party within the preceding two years.

(f) The judge knows that he or she, individually or as a fiduciary, or the judge’s

spouse, parent or child wherever residing, or any other member of the judge’s

family residing in the judge’s household, has more than a de minimis economic

interest in the subject matter in controversy that could be substantially impacted by

the proceeding.

(g) The judge or the judge’s spouse, or a person within the third degree of

relationship to either of them, or the spouse of such a person:

(i) is a party to the proceeding, or an officer, director, or trustee of a party;

(ii) is acting as a lawyer in the proceeding;

(iii) is known by the judge to have a more than de minimis interest that could

be substantially affected by the proceeding;

(iv) is to the judge's knowledge likely to be a material witness in the

proceeding.

(2) Disqualification not warranted.

(a) A judge is not disqualified merely because the judge's former law clerk is an

attorney of record for a party in an action that is before the judge or is associated

with a law firm representing a party in an action that is before the judge.

(b) A judge is not disqualified based solely upon campaign speech protected by

Republican Party of Minn v White, 536 US 765 (2002), so long as such speech

does not demonstrate bias or prejudice or an appearance of bias or prejudice for or

against a party or an attorney involved in the action.

(D) Procedure.

(1)(a) Time for Filing in the Trial Courts. To avoid delaying trial and

inconveniencing the witnesses, all motions for disqualification must be filed

Chapter 2. Civil Procedure Page 29 Updated June 21, 2024

within 14 days of the discovery of the grounds for disqualification. If the discovery

is made within 14 days of the trial date, the motion must be made forthwith.

(b) Time for Filing in the Court of Appeals. All motions for disqualification must

be filed within 14 days of disclosure of the judge’s assignment to the case or

within 14 days of the discovery of the grounds for disqualification. If a party

discovers the grounds for disqualification within 14 days of a scheduled oral

argument or argument on the application for leave to appeal, the motion must be

made forthwith.

disqualification of a justice, the appellant must file a motion to disqualify with the

application for leave to appeal. All other motions must be filed within 28 days after

the filing of the application for leave to appeal or within 28 days of the discovery

of the grounds for disqualification. If a party discovers the grounds for

disqualification within 28 days of a scheduled oral argument or argument on the

application for leave to appeal, the motion must be made forthwith.

All requests for review by the entire Court pursuant to subsection (3)(b) must be

made within 14 days of the entry of the decision by the individual justice.

(d) Untimely Motions. Untimely motions in the trial court, the Court of Appeals,

and the Supreme Court may be granted for good cause shown. If a motion is not

timely filed in the trial court, the Court of Appeals, or the Supreme Court,

untimeliness is a factor in deciding whether the motion should be granted.

(2) All Grounds to be Included; Affidavit. In any motion under this rule, the moving

party must include all grounds for disqualification that are known at the time the

motion is filed. An affidavit must accompany the motion.

(3) Ruling.

(a) For courts other than the Supreme Court, the challenged judge shall decide the

motion. If the challenged judge denies the motion,

(i) in a court having two or more judges, on the request of a party, the

challenged judge shall refer the motion to the chief judge, who shall decide the

motion de novo;

(ii) in a single-judge court, or if the challenged judge is the chief judge, on the

request of a party, the challenged judge shall refer the motion to the state court

administrator for assignment to another judge, who shall decide the motion de

novo.

(b) In the Supreme Court, if a justice’s participation in a case is challenged by a

written motion or if the issue of participation is raised by the justice himself or

herself, the challenged justice shall decide the issue and publish his or her reasons

about whether to participate.

If the challenged justice denies the motion for disqualification, a party may move

for the motion to be decided by the entire Court. The entire Court shall then decide

the motion for disqualification de novo. The Court’s decision shall include the

Chapter 2. Civil Procedure Page 30 Updated June 21, 2024

reasons for its grant or denial of the motion for disqualification. The Court shall

issue a written order containing a statement of reasons for its grant or denial of the

motion for disqualification. Any concurring or dissenting statements shall be in

writing.

(4) If Disqualification Motion is Granted.

(a) For courts other than the Supreme Court, when a judge is disqualified, the

action must be assigned to another judge of the same court, or, if one is not

available, the state court administrator shall assign another judge.

(b) In the Supreme Court, when a justice is disqualified, the underlying action will

be decided by the remaining justices of the Court.

(E) Waiver of Disqualification. Parties to the proceeding may waive disqualification even

where it appears that there may be grounds for disqualification of the judge. Such waiver

may occur whether the grounds for disqualification were raised by a party or by the judge,

so long as the judge is willing to participate. Any agreement to waive the disqualification

must be made by all parties to the litigation and shall be in writing or placed on the record.

ULE 2.004 INCARCERATED PARTIES

(A) This subrule applies to

(1) domestic relations actions involving minor children, and

(2) other actions involving the custody, guardianship, neglect, or foster-care placement

of minor children, or the termination of parental rights, in which a party is incarcerated

under the jurisdiction of the Department of Corrections.

(B) The party seeking an order regarding a minor child shall

(1) contact the department to confirm the incarceration and the incarcerated party’s

prison number and location;

(2) serve the incarcerated person with the petition or motion seeking an order

regarding the minor child, and file proof with the court that the papers were served;

and

(3) file with the court the petition or motion seeking an order regarding the minor

child, stating that a party is incarcerated and providing the party’s prison number and

location; the caption of the petition or motion shall state that a telephonic or video

hearing is required by this rule.

satisfaction, the court shall issue an order requesting the department, or the facility where

the party is located if it is not a department facility, to allow that party to participate with

the court or its designee by way of a noncollect and unmonitored telephone call or by

videoconferencing technology in a hearing or conference, including a friend of the court

adjudicative hearing or meeting. The order shall include the date and time for the hearing

or conference, and the prisoner’s name and prison identification number, and shall be

Chapter 2. Civil Procedure Page 31 Updated June 21, 2024

served at least 7 days before the hearing or conference by the court upon the parties and

the warden or supervisor of the facility where the incarcerated party resides. The initial

telephone call or videoconference shall be conducted in accordance with subrule (E). If

the prisoner indicates an interest in participating in subsequent proceedings following an

initial telephone call or videoconference pursuant to subrule (E), the court shall issue an

order in accordance with this subrule for each subsequent hearing or conference.

(D) All court documents or correspondence mailed to the incarcerated party concerning

any matter covered by this rule shall include the name and the prison number of the

incarcerated party on the envelope.

(E) The purpose of the initial telephone call or videoconference with the incarcerated

party, as described in subrule (C), is to determine

(1) whether the incarcerated party has received adequate notice of the proceedings and

has had an opportunity to respond and to participate,

(2) whether counsel is necessary in matters allowing for the appointment of counsel to

assure that the incarcerated party's access to the court is protected,

(3) whether the incarcerated party is capable of self-representation, if that is the party’s

choice,

(4) how the incarcerated party can communicate with the court or the friend of the

court during the pendency of the action, and whether the party needs special assistance

for such communication, including participation by way of additional telephone calls

or videoconferencing technology as permitted by the Michigan Court Rules, and

(5) the scheduling and nature of future proceedings, to the extent practicable, and the

manner in which the incarcerated party may participate.

(F) A court may not grant the relief requested by the moving party concerning the minor

child if the incarcerated party has not been offered the opportunity to participate in the

proceedings, as described in this rule. This provision shall not apply if the incarcerated

party actually does participate in a telephone call or video conference, or if the court

determines that immediate action is necessary on a temporary basis to protect the minor

child.

(G) The court may impose sanctions if it finds that an attempt was made to keep

information about the case from an incarcerated party in order to deny that party access to

the courts.

SUBCHAPTER 2.100 COMMENCEMENT OF ACTION; SERVICE OF PROCESS;

LEADINGS; MOTIONS

RULE 2.101 FORM AND COMMENCEMENT OF ACTION

(A) Form of Action. There is one form of action known as a “civil action.”

Chapter 2. Civil Procedure Page 32 Updated June 21, 2024

(B) Commencement of Action. A civil action is commenced by filing a complaint with a

court.

ULE 2.102 SUMMONS; EXPIRATION OF SUMMONS; DISMISSAL OF ACTION FOR FAILURE TO

ERVE

(A) Issuance. On the filing of a complaint, the court clerk shall issue a summons to be

served as provided in MCR 2.103 and 2.105. A separate summons may issue against a

particular defendant or group of defendants. A duplicate summons may be issued from

time to time and is as valid as the original summons.

(B) Form. A summons must be issued “In the name of the people of the State of

Michigan,” under the seal of the court that issued it. It must be directed to the defendant,

and include

(1) the name and address of the court,

(2) the names of the parties,

(3) the case number,

(4) the name and address of the plaintiff’s attorney or the address of a plaintiff

appearing without an attorney,

(5) the defendant’s address, if known,

(6) the name of the court clerk,

(7) the date on which the summons was issued,

(8) the last date on which the summons is valid,

(9) a statement that the summons is invalid unless served on or before the last date on

which it is valid,

(10) the time within which the defendant is required to answer or take other action, and

(11) a notice that if the defendant fails to answer or take other action within the time

allowed, judgment may be entered against the defendant for the relief demanded in the

complaint.

service of process to be amended, unless it clearly appears that to do so would materially

prejudice the substantive rights of the party against whom the process issued. An

amendment relates back to the date of the original issuance or service of process unless the

court determines that relation back would unfairly prejudice the party against whom the

process issued.

(D) Expiration. A summons expires 91 days after the date the summons is issued.

However, within those 91 days, on a showing of due diligence by the plaintiff in

attempting to serve the original summons, the judge to whom the action is assigned may

order a second summons to issue for a definite period not exceeding 1 year from the date

Chapter 2. Civil Procedure Page 33 Updated June 21, 2024

the summons is issued. If such an extension is granted, the new summons expires at the

end of the extended period. The judge may impose just conditions on the issuance of the

second summons. Duplicate summonses issued under subrule (A) do not extend the life of

the original summons. The running of the 91-day period is tolled while a motion

challenging the sufficiency of the summons or of the service of the summons is pending.

(E) Dismissal as to Defendant Not Served.

(1) On the expiration of the summons as provided in subrule (D), the action is deemed

dismissed without prejudice as to a defendant who has not been served with process as

provided in these rules, unless the defendant has submitted to the court’s jurisdiction.

As to a defendant added as a party after the filing of the first complaint in the action,

the time provided in this rule runs from the filing of the first pleading that names that

defendant as a party.

(2) After the time stated in subrule (E)(1), the clerk shall examine the court records

and enter an order dismissing the action as to a defendant who has not been served

with process or submitted to the court’s jurisdiction. The clerk’s failure to enter a

dismissal order does not continue an action deemed dismissed.

(3) The clerk shall give notice of the entry of a dismissal order under MCR 2.107 and

record the date of the notice in the case file. The failure to give notice does not affect

the dismissal.

(F) Setting Aside Dismissal. A court may set aside the dismissal of the action as to a

defendant under subrule (E) only on stipulation of the parties or when all of the following

conditions are met:

(1) within the time provided in subrule (D), service of process was in fact made on the

dismissed defendant, or the defendant submitted to the court's jurisdiction;

(2) proof of service of process was filed or the failure to file is excused for good cause

shown;

(3) the motion to set aside the dismissal was filed within 28 days after notice of the

order of dismissal was given, or, if notice of dismissal was not given, the motion was

promptly filed after the plaintiff learned of the dismissal.

(G) Exception; Summary Proceedings to Recover Possession of Realty. Subrules (D), (E),

and (F) do not apply to summary proceedings governed by MCL 600.5701-600.5759 and

by subchapter 4.200 of these rules.

ULE 2.103 PROCESS; WHO MAY SERVE

(A) Service Generally. Process in civil actions may be served by any legally competent

adult who is not a party or an officer of a corporate party.

(B) Service Requiring Seizure of Property. A writ of restitution or process requiring the

seizure or attachment of property may only be served by

Chapter 2. Civil Procedure Page 34 Updated June 21, 2024

(1) a sheriff or deputy sheriff, or a bailiff or court officer appointed by the court for

that purpose,

(2) an officer of the Department of State Police in an action in which the state is a

party, or

(3) a police officer of an incorporated city or village in an action in which the city or

village is a party.

A writ of garnishment may be served by any person authorized by subrule (A).

person in a governmental institution, hospital, or home, service must be made by the

person in charge of the institution or by someone designated by that person.

(D) Process Requiring Arrest. Process in civil proceedings requiring the arrest of a person

may be served only by a sheriff, deputy sheriff, or police officer, or by a court officer

appointed by the court for that purpose.

ULE 2.104 PROCESS; PROOF OF SERVICE

(A) Requirements. Proof of service may be made by

(1) written acknowledgment of the receipt of a summons and a copy of the complaint,

dated and signed by the person to whom the service is directed or by a person

authorized under these rules to receive the service of process;

(2) a certificate stating the facts of service, including the manner, time, date, and place

of service, if service is made within the State of Michigan by

(a) a sheriff,

(b) a deputy sheriff or bailiff, if that officer holds office in the county in which the

court issuing the process is held,

(d) an attorney for a party; or

(3) a written statement of the facts of service, verified under MCR 1.109(D)(3). The

statement shall include the manner, time, date, and place of service, and indicate the

process server's official capacity, if any.

The place of service must be described by giving the address where the service was

made or, if the service was not made at a particular address, by another description of

the location.

(B) Failure to File. Failure to file proof of service does not affect the validity of the

service.

copy of the summons and complaint by mail, the party requesting issuance of the

Chapter 2. Civil Procedure Page 35 Updated June 21, 2024

summons is responsible for arranging the mailing and filing proof of service. Proof of

publication, posting, and mailing under MCR 2.106 is governed by MCR 2.106(G).

ULE 2.105 PROCESS; MANNER OF SERVICE

(A) Individuals. Process may be served on a resident or nonresident individual by

(1) delivering a summons and a copy of the complaint to the defendant personally; or

(2) sending a summons and a copy of the complaint by registered or certified mail,

return receipt requested, and delivery restricted to the addressee. Service is made when

the defendant acknowledges receipt of the mail. A copy of the return receipt signed by

the defendant must be attached to proof showing service under subrule (A)(2).

(B) Individuals; Substituted Service. Service of process may be made

(1) on a nonresident individual, by

(a) serving a summons and a copy of the complaint in Michigan on an agent,

employee, representative, sales representative, or servant of the defendant, and

(b) sending a summons and a copy of the complaint by registered mail addressed

to the defendant at his or her last known address;

(2) on a minor, by serving a summons and a copy of the complaint on a person having

care and control of the minor and with whom he or she resides;

(3) on a defendant for whom a guardian or conservator has been appointed and is

acting, by serving a summons and a copy of the complaint on the guardian or

conservator;

(4) on an individual doing business under an assumed name, by

(a) serving a summons and copy of the complaint on the person in charge of an

office or business establishment of the individual, and

(b) sending a summons and a copy of the complaint by registered mail addressed

to the individual at his or her usual residence or last known address.

partnership may be made by

(1) serving a summons and a copy of the complaint on any general partner or agent for

service of process; or

(2) serving a summons and a copy of the complaint on the person in charge of a

partnership office or business establishment and sending a summons and a copy of the

complaint by registered mail, addressed to a general partner or agent for service of

process at his or her usual residence or last known address.

(D) Private Corporations, Domestic and Foreign. Service of process on a domestic or

foreign corporation may be made by

Chapter 2. Civil Procedure Page 36 Updated June 21, 2024

(1) serving a summons and a copy of the complaint on an officer or the resident agent;

(2) serving a summons and a copy of the complaint on a director, trustee, or person in

charge of an office or business establishment of the corporation and sending a

summons and a copy of the complaint by registered mail, addressed to the principal

office of the corporation;

(3) serving a summons and a copy of the complaint on the last presiding officer,

president, cashier, secretary, or treasurer of a corporation that has ceased to do

business by failing to keep up its organization by the appointment of officers or

otherwise, or whose term of existence has expired;

(4) sending a summons and a copy of the complaint by registered mail to the

corporation or an appropriate corporation officer and to the Michigan Bureau of

Commercial Services, Corporation Division if

(a) the corporation has failed to appoint and maintain a resident agent or to file a

certificate of that appointment as required by law;

(b) the corporation has failed to keep up its organization by the appointment of

officers or otherwise; or

(E) Partnership Associations; Unincorporated Voluntary Associations. Service of process

on a partnership association or an unincorporated voluntary association may be made by

(1) serving a summons and a copy of the complaint on an officer, director, trustee,

agent, or person in charge of an office or business establishment of the association,

and

(2) sending a summons and a copy of the complaint by registered mail, addressed to an

office of the association. If an office cannot be located, a summons and a copy of the

complaint may be sent by registered mail to a member of the association other than the

person on whom the summons and complaint was served.

(F) Service on Insurer. To the extent that it is permitted by statute, service on an insurer

may be satisfied by providing two summonses and a copy of the complaint to the

Commissioner of the Office of Financial and Insurance Regulation via delivery or

registered mail.

(G) Public Corporations. Service of process on a public, municipal, quasi-municipal, or

governmental corporation, unincorporated board, or public body may be made by serving

a summons and a copy of the complaint on:

(1) the chairperson of the board of commissioners or the county clerk of a county;

(2) the mayor, the city clerk, or the city attorney of a city;

(3) the president, the clerk, or a trustee of a village;

(4) the supervisor or the township clerk of a township;

Chapter 2. Civil Procedure Page 37 Updated June 21, 2024

(5) the president, the secretary, or the treasurer of a school district;

(6) the president or the secretary of the Michigan State Board of Education;

(7) the president, the secretary, or other member of the governing body of a corporate

body or an unincorporated board having control of a state institution;

(8) the president, the chairperson, the secretary, the manager, or the clerk of any other

public body organized or existing under the constitution or laws of Michigan, when no

other method of service is specially provided by statute.

The service of process may be made on an officer having substantially the same duties

as those named or described above, irrespective of title. In any case, service may be

made by serving a summons and a copy of the complaint on a person in charge of the

office of an officer on whom service may be made and sending a summons and a copy

of the complaint by registered mail addressed to the officer at his or her office.

(H) Limited Liability Company. Service of process on a limited liability company may be

made by:

(1) serving a summons and a copy of the complaint on the managing member, the non-

member manager, or the resident agent;

(2) serving a summons and a copy of the complaint on a member or other person in

charge of an office or business establishment of the limited liability company and

sending a summons and a copy of the complaint by registered mail, addressed to the

registered office of the limited liability company.

(3) If a limited liability company fails to appoint or maintain an agent for service of

process, or service under subsections (1) and (2) cannot be accomplished through the

exercise of reasonable diligence, service of process may be made by delivering or

mailing by registered mail to the administrator (pursuant to MCL 450.4102[2][a]) a

summons and copy of the complaint.

(I) Agent Authorized by Appointment or by Law.

(1) Service of process on a defendant may be made by serving a summons and a copy

of the complaint on an agent authorized by written appointment or by law to receive

service of process.

(2) Whenever, pursuant to statute or court rule, service of process is to be made on a

nongovernmental defendant by service on a public officer, service on the public

officer may be made by registered mail addressed to his or her office.

(J) Discretion of the Court.

(1) On a showing that service of process cannot reasonably be made as provided by

this rule, the court may by order permit service of process to be made in any other

manner reasonably calculated to give the defendant actual notice of the proceedings

and an opportunity to be heard.

Chapter 2. Civil Procedure Page 38 Updated June 21, 2024

(2) A request for an order under the rule must be made in a verified motion dated not

more than 14 days before it is filed. The motion must set forth sufficient facts to show

that process cannot be served under this rule and must state the defendant's address or

last known address, or that no address of the defendant is known. If the name or

present address of the defendant is unknown, the moving party must set forth facts

showing diligent inquiry to ascertain it. A hearing on the motion is not required unless

the court so directs.

(3) Service of process may not be made under this subrule before entry of the court's

order permitting it.

(K) Jurisdiction; Range of Service; Effect of Improper Service.

(1) Provisions for service of process contained in these rules are intended to satisfy the

due process requirement that a defendant be informed of an action by the best means

available under the circumstances. These rules are not intended to limit or expand the

jurisdiction given the Michigan courts over a defendant. The jurisdiction of a court

over a defendant is governed by the United States Constitution and the constitution

and laws of the State of Michigan. See MCL 600.701 et seq.

(2) There is no territorial limitation on the range of process issued by a Michigan

court.

(3) An action shall not be dismissed for improper service of process unless the service

failed to inform the defendant of the action within the time provided in these rules for

service.

(L) Registered and Certified Mail.

(1) If a rule uses the term “registered mail,” that term includes the term “certified

mail,” and the term “registered mail, return receipt requested” includes the term

“certified mail, return receipt requested.” However, if certified mail is used, the receipt

of mailing must be postmarked by the post office.

(2) If a rule uses the term “certified mail,” a postmarked receipt of mailing is not

required. Registered mail may be used when a rule requires certified mail.

ULE 2.106 NOTICE BY POSTING OR PUBLICATION

(A) Availability. This rule governs service of process by publication or posting pursuant to

an order under MCR 2.105(J).

(B) Procedure. A request for an order permitting service under this rule shall be made by

motion in the manner provided in MCR 2.105(J). In ruling on the motion, the court shall

determine whether mailing is required under subrules (D)(2) or (E)(2).

(1) The order directing that notice be given to a defendant under this rule must include

(a) the name of the court,

Chapter 2. Civil Procedure Page 39 Updated June 21, 2024

(b) the names of the parties,

(d) directions as to where and when to answer or take other action permitted by

law or court rule, and

(e) a statement as to the effect of failure to answer or take other action.

(2) If the names of some or all defendants are unknown, the order must describe the

relationship of the unknown defendants to the matter to be litigated in the best way

possible, as, for example, unknown claimants, unknown owners, or unknown heirs,

devisees, or assignees of a named person.

(D) Publication of Order; Mailing. If the court orders notice by publication, the defendant

shall be notified of the action by

(1) publishing a copy of the order once each week for 3 consecutive weeks, or for such

further time as the court may require, in a newspaper in the county where the

defendant resides, if known, and if not, in the county where the action is pending; and

(2) sending a copy of the order to the defendant at his or her last known address by

registered mail, return receipt requested, before the date of the last publication. If the

plaintiff does not know the present or last known address of the defendant, and cannot

ascertain it after diligent inquiry, mailing a copy of the order is not required. The

moving party is responsible for arranging for the mailing and proof of mailing.

(E) Posting; Mailing. If the court orders notice by posting, the defendant shall be notified

of the action by

(1) posting a copy of the order in the courthouse and 2 or more other public places as

the court may direct for 3 continuous weeks or for such further time as the court may

require; and

(2) sending a copy of the order to the defendant at his or her last known address by

registered mail, return receipt requested, before the last week of posting. If the plaintiff

does not know the present or last known address of the defendant, and cannot ascertain

it after diligent inquiry, mailing a copy of the order is not required. The moving party

is responsible for arranging for the mailing and proof of mailing.

The order must designate who is to post the notice and file proof of posting. Only a

person listed in MCR 2.103(B)(1), (2), or (3) may be designated.

(F) Newspaper Defined.

(1) The term “newspaper” as used in this rule is limited to a newspaper published in

the English language for the dissemination of general news and information or for the

dissemination of legal news. The newspaper must have a bona fide list of paying

subscribers or have been published at least once a week in the same community

without interruption for at least 2 years, and have been established, published, and

circulated at least once a week without interruption for at least 1 year in the county

where publication is to occur.

Chapter 2. Civil Procedure Page 40 Updated June 21, 2024

(2) If no newspaper qualifies in the county where publication is to be made under

subrule (D)(1) the term “newspaper” includes a newspaper that by this rule is qualified

to publish notice of actions commenced in an adjoining county.

(G) Proof of Service. Service of process made pursuant to this rule may be proven as

follows:

(1) Publication must be proven by an affidavit of the publisher or the publisher's agent

(a) stating facts establishing the qualification of the newspaper in which the order

was published,

(b) setting out a copy of the published order, and

(2) Posting must be proven by a verified statement of the person designated in the

order under subrule (E) attesting that a copy of the order was posted for the required

time in the courthouse in a conspicuous place open to the public and in the other places

as ordered by the court.

(3) Mailing must be proven by a verified statement. The person signing the verified

statement must attach a copy of the order as mailed, and a return receipt.

ULE 2.107 SERVICE AND FILING OF PLEADINGS AND OTHER DOCUMENTS

(A) Service; When Required.

(1) Unless otherwise stated in this rule, every party who has filed a pleading, an

appearance, or a motion must be served with a copy of every document later filed in

the action. A nonparty who has filed a motion or appeared in response to a motion

need only be served with documents that relate to that motion.

(2) Except as provided in MCR 2.603, after a default is entered against a party, further

service of documents need not be made on that party unless he or she has filed an

appearance or a written demand for service of documents. However, a pleading that

states a new claim for relief against a party in default must be served in the manner

provided by MCR 2.105.

(3) If an attorney appears on behalf of a person who has not received a copy of the

complaint, a copy of the complaint must be delivered to the attorney on request.

(4) All documents filed on behalf of a defendant must be served on all other

defendants not in default.

(B) Service on Attorney or Party.

(1) Service required or permitted to be made on a party for whom an attorney has

appeared in the action must be made on the attorney except as follows:

(a) The original service of the summons and complaint must be made on the party

as provided by MCR 2.105;

Chapter 2. Civil Procedure Page 41 Updated June 21, 2024

(b) When a contempt proceeding for disobeying a court order is initiated, the

notice or order must be personally delivered to the party, unless the court orders

otherwise;

of right has passed, documents must be served on the party unless the rule

governing the particular postjudgment procedure specifically allows service on the

attorney;

(d) The court may order service on the party;

(e) If an attorney files a notice of limited appearance under MCR 2.117 on behalf

of a self-represented party, service of every document later filed in the action must

continue to be made on the party, and must also be made on the limited scope

attorney for the duration of the limited appearance. At the request of the limited

scope attorney, and if circumstances warrant, the court may order service to be

made only on the party.

(2) If two or more attorneys represent the same party, service of documents on one of

the attorneys is sufficient. An attorney who represents more than one party is entitled

to service of only one copy of a document.

(3) If a party prosecutes or defends the action on his or her own behalf, service of

documents must be made on the party in the manner provided by subrule (C).

document on an attorney must be made by delivery or by mailing to the attorney at his or

her last known business address or, if the attorney does not have a business address, then

to his or her last known residence address. Except under MCR 1.109(G)(6)(a), service on

a party must be made by delivery or by mailing to the party at the address stated in the

party's pleadings.

(1) Delivery to Attorney. Delivery of a copy to an attorney within this rule means

(a) handing it to the attorney personally, serving it electronically under MCR

1.109(G)(6)(a), or, if agreed to by the parties, e-mailing it to the attorney as

allowed under MCR 2.107(C)(4);

(b) leaving it at the attorney's office with the person in charge or, if no one is in

charge or present, by leaving it in a conspicuous place; or

usual residence with some person of suitable age and discretion residing there.

(2) Delivery to Party. Delivery of a copy to a party within this rule means

(a) handing it to the party personally, serving it electronically under MCR

1.109(G)(6)(a), or, if agreed to by the parties, e-mailing it to the party as allowed

under MCR 2.107(C)(4); or

(b) leaving it at the party's usual residence with some person of suitable age and

discretion residing there.

Chapter 2. Civil Procedure Page 42 Updated June 21, 2024

(3) Mailing. Mailing a copy under this rule means enclosing it in a sealed envelope

with first class postage fully prepaid, addressed to the person to be served, and

depositing the envelope and its contents in the United States mail. Service by mail is

complete at the time of mailing.

(4) Alternative Electronic Service

(a) Except as provided by MCR 1.109(G)(6)(a)(ii), the parties may agree to

alternative electronic service among themselves by filing a stipulation in that case.

Some or all of the parties may also agree to alternative electronic service of notices

and court documents in a particular case by a court or a friend of the court by filing

an agreement with the court or friend of the court respectively. Alternative

electronic service may be by any of the following methods:

(i) e-mail,

(ii) text message, or

(iii) alert consisting of an e-mail or text message to log into a secure website to

view notices and court papers.

(b) Obligation to Provide and Update Information.

(i) The agreement for alternative electronic service shall set forth the e-mail

addresses or phone numbers for service. Attorneys who agree to e-mail service

shall include the same e-mail address currently on file with the State Bar of

Michigan. If an attorney is not a member of the State Bar of Michigan, the

email address shall be the e-mail address currently on file with the appropriate

registering agency in the state of the attorney’s admission. Parties or attorneys

who have agreed to alternative electronic service under this subrule shall

immediately notify, as required, the court or the friend of the court if the e-mail

address or phone number for service changes.

(ii) The agreement for service by text message or text message alert shall set

forth the phone number for service. Parties or attorneys who have agreed to

service by text message or text message alert under this subrule shall

immediately notify, as required, the court or the friend of the court if the phone

number for service changes.

conditions concerning e-mail or text message service, including but not limited to:

(i) the maximum size of the document that may be attached to an e-mail or text

message,

(ii) designation of exhibits as separate documents,

(iii) the obligation (if any) to furnish paper copies of e-mailed or text message

documents, and

(iv) the names and e-mail addresses of other individuals in the office of an

attorney of record designated to receive e-mail service on behalf of a party.

Chapter 2. Civil Procedure Page 43 Updated June 21, 2024

(d) Documents served by e-mail or text message must be in PDF format or other

format that prevents the alteration of the document contents. Documents served by

alert must be in PDF format or other format for which a free downloadable reader

is available.

(e) A document served by alternative electronic service that the court or friend of

the court or his or her authorized designee is required to sign may be signed in

accordance with MCR 1.109(E).

(f) Each e-mail or text message that transmits a document or provides an alert to

beginning of the text message the name of the court, case name, case number, and

the title of each document being sent.

(g) An alternative electronic service transmission sent at or before 11:59 p.m. shall

be deemed to be served on that day. If the transmission is sent on a Saturday,

Sunday, legal holiday, or other day on which the court is closed pursuant to court

order, it is deemed to be served on the next business day.

(h) A party or attorney may withdraw from an agreement for alternative electronic

service by notifying the party or parties, court, and the friend of the court, as

appropriate, in writing and shall take effect immediately.

(i) Alternative electronic service is complete upon transmission, unless the party,

court, or friend of the court making service learns that the attempted service did

not reach the intended recipient. If an alternative electronic service transmission is

undeliverable, the entity responsible for serving the document must serve the

document by regular mail under MCR 2.107(C)(3) or by delivery under MCR

2.107(C)(1) or (2), and include a copy of the return notice indicating that the

electronic transmission was undeliverable. The court or friend of the court must

also retain a notice that the electronic transmission was undeliverable.

(j) The party, court, or friend of the court shall maintain an archived record of sent

items that shall not be purged until a judgment or final order is entered and all

appeals have been completed.

(k) This rule does not require the court or the friend of the court to create

functionality it does not have nor accommodate more than one standard for

alternative electronic service.

(l) The party or attorney requesting electronic service under this subrule is required

to submit a request to initiate, update, modify, or withdraw from electronic service

to the court independently from the friend of the court office.

(D) Proof of Service. Except as otherwise provided by MCR 2.104, 2.105, or 2.106, proof

of service of documents required or permitted to be served must be by written

acknowledgment of service, or a written statement by the individual who served the

documents verified under MCR 1.109(D)(3). The proof of service may be included at the

end of the document as filed. Proof of service must be filed promptly and at least at or

before a hearing to which the document relates.

Chapter 2. Civil Procedure Page 44 Updated June 21, 2024

(E) Service Prescribed by Court. When service of documents after the original complaint

cannot reasonably be made because there is no attorney of record, because the party

cannot be found, or for any other reason, the court, for good cause on ex parte application,

may direct in what manner and on whom service may be made.

(F) Numerous Parties. In an action in which there is an unusually large number of parties

on the same side, the court on motion or on its own initiative may order that

(1) they need not serve their documents on each other;

(2) responses to their pleadings need only be served on the party to whose pleading the

response is made;

(3) a cross-claim, counterclaim, or allegation in an answer demanding a reply is

deemed denied by the parties not served; and

(4) the filing of a pleading and service on an adverse party constitutes notice of it to all

parties.

A copy of the order must be served on all parties in the manner the court directs.

(G) Notwithstanding any other provision of this rule, until further order of the Court, all

service of process except for case initiation must be performed using electronic means (e-

Filing where available, email, or fax, where available) to the greatest extent possible.

Email transmission does not require agreement by the other party(s) but should otherwise

comply as much as possible with the provisions of subsection (C)(4).

ULE 2.108 TIME

(A) Time for Service and Filing of Pleadings.

(1) A defendant must serve and file an answer or take other action permitted by law or

these rules within 21 days after being served with the summons and a copy of the

complaint in Michigan in the manner provided in MCR 2.105(A)(1).

(2) If service of the summons and a copy of the complaint is made outside Michigan,

or if the manner of service used requires the summons and a copy of the complaint to

be sent by registered mail addressed to the defendant, the defendant must serve and

file an answer or take other action permitted by law or these rules within 28 days after

service.

(3) When service is made in accordance with MCR 2.106, the court shall allow a

reasonable time for the defendant to answer or take other action permitted by law or

these rules, but may not prescribe a time less than 28 days after publication or posting

is completed.

(4) A party served with a pleading stating a cross-claim or counterclaim against that

party must serve and file an answer or take other action permitted by law or these rules

within 21 days after service.

(5) A party served with a pleading to which a reply is required or permitted may serve

and file a reply within 21 days after service of the pleading to which it is directed.

Chapter 2. Civil Procedure Page 45 Updated June 21, 2024

(6) In an action alleging medical malpractice filed on or after October 1, 1986, unless

the defendant has responded as provided in subrule (A)(1) or (2), the defendant must

serve and file an answer within 21 days after being served with the notice of filing the

security for costs or the affidavit in lieu of such security required by MCL 600.2912d.

(B) Time for Filing Motion in Response to Pleading. A motion raising a defense or an

objection to a pleading must be served and filed within the time for filing the responsive

pleading or, if no responsive pleading is required, within 21 days after service of the

pleading to which the motion is directed.

pleading is filed, the time for pleading set in subrule (A) is altered as follows, unless a

different time is set by the court:

(1) If a motion under MCR 2.115(A) or MCR 2.116 made before filing a responsive

pleading is denied, the moving party must serve and file a responsive pleading within

21 days after notice of the denial. However, if the moving party, within 21 days, files

an application for leave to appeal from the order, the time is extended until 21 days

after the denial of the application unless the appellate court orders otherwise.

(2) An order granting a motion under MCR 2.116 must set the time for service and

filing of the amended pleading, if one is allowed.

(3) The response to a supplemental pleading or to a pleading amended either as of

right or by leave of court must be served and filed within the time remaining for

response to the original pleading or within 21 days after service of the supplemental or

amended pleading, whichever period is longer.

(4) If the court has granted a motion for more definite statement, the responsive

pleading must be served and filed within 21 days after the more definite statement is

served.

(D) Time for Service of Order to Show Cause. An order to show cause must set the time

for service of the order and for the hearing, and may set the time for answer to the

complaint or response to the motion on which the order is based.

(E) Extension of Time. A court may, with notice to the other parties who have appeared,

extend the time for serving and filing a pleading or motion or the doing of another act, if

the request is made before the expiration of the period originally prescribed. After the

expiration of the original period, the court may, on motion, permit a party to act if the

failure to act was the result of excusable neglect. However, if a rule governing a particular

act limits the authority to extend the time, those limitations must be observed. MCR

2.603(D) applies if a default has been entered.

(F) Unaffected by Expiration of Term. The time provided for the doing of an act or the

holding of a proceeding is not affected or limited by the continuation or expiration of a

term of court. The continuation or expiration of a term of court does not affect the power

of a court to do an act or conduct a proceeding in a civil action pending before it.

Chapter 2. Civil Procedure Page 46 Updated June 21, 2024

RULE 2.109 SECURITY FOR COSTS

(A) Motion. On motion of a party against whom a claim has been asserted in a civil action,

if it appears reasonable and proper, the court may order the opposing party to file with the

court clerk a bond with surety as required by the court in an amount sufficient to cover all

costs and other recoverable expenses that may be awarded by the trial court, or, if the

claiming party appeals, by the trial and appellate courts. The court shall determine the

amount in its discretion. MCR 3.604(E) and (F) govern objections to the surety.

(B) Exceptions. Subrule (A) does not apply in the following circumstances:

(1) The court may allow a party to proceed without furnishing security for costs if the

party’s pleading states a legitimate claim and the party shows by affidavit that he or

she is financially unable to furnish a security bond.

(2) Security shall not be required of

(a) the United States or an agency or instrumentality of the United States;

(b) the State of Michigan or a governmental unit of the state, including but not

limited to a public, municipal, quasi-municipal or governmental corporation,

unincorporated board, public body, or political subdivision; or

an action in his or her official capacity.

just terms,

(1) if the party or the surety moves out of Michigan, or

(2) if the original amount of the bond proves insufficient.

A person who becomes a new or additional surety is liable for all costs from the

commencement of the action, as if he or she had been the original surety.

ULE 2.110 PLEADINGS

(A) Definition of “Pleading.” The term “pleading” includes only:

(1) a complaint,

(2) a cross-claim,

(3) a counterclaim,

(4) a third-party complaint,

(5) an answer to a complaint, cross-claim, counterclaim, or third-party complaint, and

(6) a reply to an answer.

No other form of pleading is allowed.

Chapter 2. Civil Procedure Page 47 Updated June 21, 2024

(B) When Responsive Pleading Required. A party must file and serve a responsive

pleading to

(1) a complaint,

(2) a counterclaim,

(3) a cross-claim,

(4) a third-party complaint, or

(5) an answer demanding a reply.

combined with an answer. The counterclaim or cross-claim must be clearly designated as

such.

(1) A responsive pleading is not required to a cross-claim or counterclaim that is not

clearly designated as such in the answer.

(2) If a party has raised a cross-claim or counterclaim in the answer, but has not

designated it as such, the court may treat the pleading as if it had been properly

designated and require the party to amend the pleading, direct the opposing party to

file a responsive pleading, or enter another appropriate order.

(3) The court may treat a cross-claim or counterclaim designated as a defense, or a

defense designated as a cross-claim or counterclaim, as if the designation had been

proper and issue an appropriate order.

ULE 2.111 GENERAL RULES OF PLEADING

(A) Pleading to be Concise and Direct; Inconsistent Claims.

(1) Each allegation of a pleading must be clear, concise, and direct.

(2) Inconsistent claims or defenses are not objectionable. A party may

(a) allege two or more statements of fact in the alternative when in doubt about

which of the statements is true;

(b) state as many separate claims or defenses as the party has, regardless of

consistency and whether they are based on legal or equitable grounds or on both.

All statements made in a pleading are subject to the requirements of MCR

1.109(D)(3) and (E).

(B) Statement of Claim. A complaint, counterclaim, cross-claim, or third-party complaint

must contain the following:

(1) A statement of the facts, without repetition, on which the pleader relies in stating

the cause of action, with the specific allegations necessary reasonably to inform the

adverse party of the nature of the claims the adverse party is called on to defend; and

(2) A demand for judgment for the relief that the pleader seeks. If the pleader seeks an

award of money, a specific amount must be stated if the claim is for a sum certain or a

Chapter 2. Civil Procedure Page 48 Updated June 21, 2024

sum that can by computation be made certain, or if the amount sought is $25,000 or

less. Otherwise, a specific amount may not be stated, and the pleading must include

allegations that show that the claim is within the jurisdiction of the court. Declaratory

relief may be claimed in cases of actual controversy. See MCR 2.605. Relief in the

alternative or relief of several different types may be demanded.

a responsive pleading must

(1) state an explicit admission or denial;

(2) plead no contest; or

(3) state that the pleader lacks knowledge or information sufficient to form a belief as

to the truth of an allegation, which has the effect of a denial.

(D) Form of Denials. Each denial must state the substance of the matters on which the

pleader will rely to support the denial.

(E) Effect of Failure to Deny.

(1) Allegations in a pleading that requires a responsive pleading, other than allegations

of the amount of damage or the nature of the relief demanded, are admitted if not

denied in the responsive pleading.

(2) Allegations in a pleading that does not require a responsive pleading are taken as

denied.

(3) A pleading of no contest, provided for in subrule (C)(2), permits the action to

proceed without proof of the claim or part of the claim to which the pleading is

directed. Pleading no contest has the effect of an admission only for purposes of the

pending action.

(F) Defenses; Requirement That Defense Be Pleaded.

(1) Pleading Multiple Defenses. A pleader may assert as many defenses, legal or

equitable or both, as the pleader has against an opposing party. A defense is not

waived by being joined with other defenses.

(2) Defenses Must Be Pleaded; Exceptions. A party against whom a cause of action

has been asserted by complaint, cross-claim, counterclaim, or third-party claim must

assert in a responsive pleading the defenses the party has against the claim. A defense

not asserted in the responsive pleading or by motion as provided by these rules is

waived, except for the defenses of lack of jurisdiction over the subject matter of the

action, and failure to state a claim on which relief can be granted. However,

(a) a party who has asserted a defense by motion filed pursuant to MCR 2.116

before filing a responsive pleading need not again assert that defense in a

responsive pleading later filed;

Chapter 2. Civil Procedure Page 49 Updated June 21, 2024

(b) if a pleading states a claim for relief to which a responsive pleading is not

required, a defense to that claim may be asserted at the trial unless a pretrial

conference summary pursuant to MCR 2.401(C) has limited the issues to be tried.

(3) Affirmative Defenses. Affirmative defenses must be stated in a party's responsive

pleading, either as originally filed or as amended in accordance with MCR 2.118.

Under a separate and distinct heading, a party must state the facts constituting

(a) an affirmative defense, such as contributory negligence; the existence of an

agreement to arbitrate; assumption of risk; payment; release; satisfaction;

discharge; license; fraud; duress; estoppel; statute of frauds; statute of limitations;

immunity granted by law; want or failure of consideration; or that an instrument or

transaction is void, voidable, or cannot be recovered on by reason of statute or

nondelivery;

(b) a defense that by reason of other affirmative matter seeks to avoid the legal

effect of or defeat the claim of the opposing party, in whole or in part;

the adverse party by surprise.

ULE 2.112 PLEADING SPECIAL MATTERS

(A) Capacity; Legal Existence.

(1) Except to the extent required to show jurisdiction of a court, it is not necessary to

allege

(a) the capacity of a party to sue,

(b) the authority of a party to sue or be sued in a representative capacity, or

(2) A party wishing to raise an issue about

(a) the legal existence of a party,

(b) the capacity of a party to sue or be sued, or

so by specific allegation, including supporting facts peculiarly within the pleader's

knowledge.

(B) Fraud, Mistake, or Condition of Mind.

(1) In allegations of fraud or mistake, the circumstances constituting fraud or mistake

must be stated with particularity.

(2) Malice, intent, knowledge, and other conditions of mind may be alleged generally.

(1) In pleading performance or occurrence of conditions precedent, it is sufficient to

allege generally that all conditions precedent have been performed or have occurred.

Chapter 2. Civil Procedure Page 50 Updated June 21, 2024

(2) A denial of performance or occurrence must be made specifically and with

particularity.

(D) Action on Policy of Insurance.

(1) In an action on a policy of insurance, it is sufficient to allege

(a) the execution, date, and amount of the policy,

(b) the premium paid or to be paid,

(d) the interest of the insured, and

(e) the loss.

(2) A defense of

(a) breach of condition, agreement, representation, or warranty of a policy of

insurance or of an application for a policy; or

(b) failure to furnish proof of loss as required by the policy must be stated

specifically and with particularity.

(E) Action on Written Instrument.

(1) In an action on a written instrument, the execution of the instrument and the

handwriting of the defendant are admitted unless the defendant specifically denies the

execution or the handwriting and supports the denial with an affidavit filed with the

answer. The court may, for good cause, extend the time for filing the affidavits.

(2) This subrule also applies to an action against an indorser and to a party against

whom a counterclaim or a cross-claim on a written instrument is filed.

(F) Official Document or Act. In pleading an official document or official act, it is

sufficient to allege that the document was issued or the act done in compliance with law.

(G) Judgment. A judgment or decision of a domestic or foreign court, a tribal court of a

federally recognized Indian tribe, a judicial or quasi-judicial tribunal, or a board or officer,

must be alleged with sufficient particularity to identify it; it is not necessary to state facts

showing jurisdiction to render it.

(H) Statutes, Ordinances, or Charters. In pleading a statute, ordinance, or municipal

charter, it is sufficient to identify it, without stating its substance, except as provided in

subrule (M).

(I) Special Damages. When items of special damage are claimed, they must be specifically

stated.

(J) Law of Other Jurisdictions; Notice in Pleadings. A party who intends to rely on or raise

an issue concerning the law of

Chapter 2. Civil Procedure Page 51 Updated June 21, 2024

(1) a state other than Michigan,

(2) a United States territory,

(3) a foreign nation or unit thereof, or

(4) a federally recognized Indian tribe must give notice of that intention either in his or

her pleadings or in a written notice served by the close of discovery.

(K) Fault of Nonparties; Notice.

(1) Applicability. This subrule applies to actions based on tort or another legal theory

seeking damages for personal injury, property damage, or wrongful death to which

MCL 600.2957 and MCL 600.6304, as amended by 1995 PA 249, apply.

(2) Notice Requirement. Notwithstanding MCL 600.6304, the trier of fact shall not

assess the fault of a nonparty unless notice has been given as provided in this subrule.

(3) Notice.

(a) A party against whom a claim is asserted may give notice of a claim that a

nonparty is wholly or partially at fault. A notice filed by one party identifying a

particular nonparty serves as notice by all parties as to that nonparty.

(b) The notice shall designate the nonparty and set forth the nonparty’s name and

last known address, or the best identification of the nonparty that is possible,

together with a brief statement of the basis for believing the nonparty is at fault.

pleading. On motion, the court shall allow a later filing of the notice on a showing

that the facts on which the notice is based were not and could not with reasonable

diligence have been known to the moving party earlier, provided that the late filing

of the notice does not result in unfair prejudice to the opposing party.

(4) Amendment Adding Party. A party served with a notice under this subrule may file

an amended pleading stating a claim or claims against the nonparty within 91 days of

service of the first notice identifying that nonparty. The court may permit later

amendment as provided in MCR 2.118.

(L) Medical Malpractice Actions.

(1) In an action alleging medical malpractice filed on or after October 1, 1993, each

party must file an affidavit as provided in MCL 600.2912d and 600.2912e. Notice of

filing the affidavit must be promptly served on the opposing party. If the opposing

party has appeared in the action, the notice may be served in the manner provided by

MCR 2.107. If the opposing party has not appeared, the notice must be served in the

manner provided by MCR 2.105. Proof of service of the notice must be promptly filed

with the court.

(2)In a medical malpractice action, unless the court allows a later challenge for good

cause:

Chapter 2. Civil Procedure Page 52 Updated June 21, 2024

(a) all challenges to a notice of intent to sue must be made by motion, filed

pursuant to MCR 2.119, at the time the defendant files its first response to the

complaint, whether by answer or motion, and

(b) all challenges to an affidavit of merit or affidavit of meritorious defense,

including challenges to the qualifications of the signer, must be made by motion,

filed pursuant to MCR 2.119, within 63 days of service of the affidavit on the

opposing party. An affidavit of merit or meritorious defense may be amended in

accordance with the terms and conditions set forth in MCR 2.118 and MCL

600.2301.

(M) Headlee Amendment Actions. In an action brought pursuant to Const 1963, art 9, §

32, alleging a violation of Const 1963, art 9, §§ 25-34, the pleadings shall set forth with

particularity the factual basis for the alleged violation or a defense and indicate whether

there are any factual questions that are anticipated to require resolution by the court. In an

action involving Const 1963, art 9, § 29, the plaintiff shall state with particularity the type

and extent of the harm and whether there has been a violation of either the first or second

sentence of that section. In an action involving the second sentence of Const 1963, art 9,

§29, the plaintiff shall state with particularity the activity or service involved. The

pleadings shall identify all statutes involved in the case, and the parties shall append to

their pleadings copies of all ordinances and municipal charter provisions involved, and

any available documentary evidence supportive of a claim or defense. The parties may

supplement their pleadings with additional documentary evidence as it becomes available

to them.

(N)A party whose cause of action is to collect a consumer debt as defined in the Michigan

collection practices act (MCL 445.251[a] and [d]) must also include the following

information in its complaint:

(1)the name of the creditor (as defined in MCL 445.251[e] and [f]), and

(2)the corresponding account number or identification number, or if none is available,

information sufficient to identify the alleged debt, and

(3)the balance due to date.

(O) Business and Commercial Disputes

(1) If a case involves a business or commercial dispute as defined in MCL 600.8031

and the court maintains a business court docket, a party shall verify on the face of the

party’s initial pleading that the case meets the statutory requirements to be assigned to

the business court. If a cross-claim, counterclaim, third-party complaint, amendment,

or any other modification of the action includes a business or commercial dispute, a

party shall verify on the face of the party’s pleading that the case meets the statutory

requirements to be assigned to the business court.

(2) If a party files a pleading alleging a business or commercial dispute as defined in

MCL 600.8031 but fails to verify that the case meets the statutory requirements to be

assigned to the business court as required in subsection (1) of this subrule, any party to

Chapter 2. Civil Procedure Page 53 Updated June 21, 2024

the action may thereafter file a motion for determination that the case is eligible for

assignment to the business court.

(3) On the motion of a party or the court’s own initiative, if the court determines that

the action meets the statutory requirements of MCL 600.8031, the court shall assign

the case to the business court.

(4) A party may file a motion requesting the chief judge review a decision made under

subsection 3. The chief judge’s ruling is not an order that may be appealed.

ULE 2.113 FORM, CAPTIONING, SIGNING, AND VERIFYING OF DOCUMENTS

(A) Applicability. The form, captioning, signing, and verifying of all documents are

prescribed in MCR 1.109(D) and (E).

(B) Paragraphs; Separate Statements.

(1) All allegations must be made in numbered paragraphs, and the paragraphs of a

responsive pleading must be numbered to correspond to the numbers of the paragraphs

being answered.

(2) The content of each paragraph must be limited as far as practicable to a single set

of circumstances.

(3) Each statement of a claim for relief founded on a single transaction or occurrence

or on separate transactions or occurrences, and each defense other than a denial, must

be stated in a separately numbered count or defense.

(1) If a claim or defense is based on a written instrument, a copy of the instrument or

its pertinent parts must be attached to the pleading and labeled according to standards

established by the State Court Administrative Office unless the instrument is

(a) a matter of public record in the county in which the action is commenced and

its location in the record is stated in the pleading;

(b) in the possession of the adverse party and the pleading so states;

(d) of a nature that attaching the instrument would be unnecessary or impractical

and the pleading so states, giving the reason.

(2) An attachment or reference to an attachment under subrule (C)(1)(a) or (b) is a part

of the pleading for all purposes.

(D) Adoption by Reference. Statements in a pleading may be adopted by reference only in

another part of the same pleading.

Chapter 2. Civil Procedure Page 54 Updated June 21, 2024

RULE 2.115 MOTION TO CORRECT OR TO STRIKE PLEADINGS

(A) Motion for More Definite Statement. If a pleading is so vague or ambiguous that it

fails to comply with the requirements of these rules, an opposing party may move for a

more definite statement before filing a responsive pleading. The motion must point out the

defects complained of and the details desired. If the motion is granted and is not obeyed

within 14 days after notice of the order, or within such other time as the court may set, the

court may strike the pleading to which the motion was directed or enter an order it deems

just.

(B) Motion to Strike. On motion by a party or on the court's own initiative, the court may

strike from a pleading redundant, immaterial, impertinent, scandalous, or indecent matter,

or may strike all or part of a pleading not drawn in conformity with these rules.

ULE 2.116 SUMMARY DISPOSITION

(A) Judgment on Stipulated Facts.

(1) The parties to a civil action may submit an agreed-upon stipulation of facts to the

court.

(2) If the parties have stipulated to facts sufficient to enable the court to render

judgment in the action, the court shall do so.

(B) Motion.

(1) A party may move for dismissal of or judgment on all or part of a claim in

accordance with this rule. A party against whom a defense is asserted may move under

this rule for summary disposition of the defense. A request for dismissal without

prejudice under MCL 600.2912c must be made by motion under MCR 2.116 and

MCR 2.119.

(2) A motion under this rule may be filed at any time consistent with subrule (D) and

subrule (G)(1), but the hearing on a motion brought by a party asserting a claim shall

not take place until at least 28 days after the opposing party was served with the

pleading stating the claim.

the grounds on which it is based:

(1) The court lacks jurisdiction over the person or property.

(2) The process issued in the action was insufficient.

(3) The service of process was insufficient.

(4) The court lacks jurisdiction of the subject matter.

(5) The party asserting the claim lacks the legal capacity to sue.

(6) Another action has been initiated between the same parties involving the same

claim.

Chapter 2. Civil Procedure Page 55 Updated June 21, 2024

(7) Entry of judgment, dismissal of the action, or other relief is appropriate because of

release, payment, prior judgment, immunity granted by law, statute of limitations,

statute of frauds, an agreement to arbitrate or to litigate in a different forum, infancy or

other disability of the moving party, or assignment or other disposition of the claim

before commencement of the action.

(8) The opposing party has failed to state a claim on which relief can be granted.

(9) The opposing party has failed to state a valid defense to the claim asserted against

him or her.

(10) Except as to the amount of damages, there is no genuine issue as to any material

fact, and the moving party is entitled to judgment or partial judgment as a matter of

law.

(D) Time to Raise Defenses and Objections. The grounds listed in subrule (C) must be

raised as follows:

(1) The grounds listed in subrule (C)(1), (2), and (3) must be raised in a party's first

motion under this rule or in the party's responsive pleading, whichever is filed first, or

they are waived.

(2) The grounds listed in subrule (C)(5), (6), and (7) must be raised in a party's

responsive pleading, unless the grounds are stated in a motion filed under this rule

prior to the party's first responsive pleading. Amendment of a responsive pleading is

governed by MCR 2.118.

(3) The grounds listed in subrule (C)(4) and the ground of governmental immunity

may be raised at any time, regardless of whether the motion is filed after the expiration

of the period in which to file dispositive motions under a scheduling order entered

pursuant to MCR 2.401.

(4) The grounds listed in subrule (C)(8), (9), and (10) may be raised at any time, unless

a period in which to file dispositive motions is established under a scheduling order

entered pursuant to MCR 2.401. It is within the trial court’s discretion to allow a

motion filed under this subsection to be considered if the motion is filed after such

period.

(E) Consolidation; Successive Motions.

(1) A party may combine in a single motion as many defenses or objections as the

party has based on any of the grounds enumerated in this rule.

(2) No defense or objection is waived by being joined with one or more other defenses

or objections.

(3) A party may file more than one motion under this rule, subject to the provisions of

subrule (F).

(F) Motion or Affidavit Filed in Bad Faith. A party or an attorney found by the court to

have filed a motion or an affidavit in violation of the provisions of MCR 1.109(D)(3) and

Chapter 2. Civil Procedure Page 56 Updated June 21, 2024

(E) may, in addition to the imposition of other penalties prescribed by that rule, be found

guilty of contempt.

(G) Affidavits; Hearing.

(1) Except as otherwise provided in this subrule, MCR 2.119 applies to motions

brought under this rule.

(a) Unless a different period is set by the court,

(i) a written motion under this rule with supporting brief and any affidavits

must be filed and served at least 21 days before the time set for the hearing, and

(ii) any response to the motion (including brief and any affidavits) must be

filed and served at least 7 days before the hearing.

(iii) the moving party or parties may file a reply brief in support of the motion.

Reply briefs must be confined to rebuttal of the arguments in the nonmoving

party or parties’ response brief and must be limited to 5 pages. The reply brief

must be filed and served at least 4 days before the hearing.

(iv) no additional or supplemental briefs may be filed without leave of the

court.

(b) If the court sets a different time for filing and serving a motion, or a reply brief,

its authorization must be endorsed in writing on the face of the notice of hearing or

made by separate order.

response (including brief and any affidavits), or reply brief filed under this rule

must be provided by counsel to the office of the judge hearing the motion. The

judge's copy must be clearly marked JUDGE'S COPY on the cover sheet; that

notation may be handwritten. Where electronic filing has been implemented, a

judge’s copy shall not be required.

(2) Except as to a motion based on subrule (C)(8) or (9), affidavits, depositions,

admissions, or other documentary evidence may be submitted by a party to support or

oppose the grounds asserted in the motion.

(3) Affidavits, depositions, admissions, or other documentary evidence in support of

the grounds asserted in the motion are required

(a) when the grounds asserted do not appear on the face of the pleadings, or

(b) when judgment is sought based on subrule (C)(10).

(4) A motion under subrule (C)(10) must specifically identify the issues as to which

the moving party believes there is no genuine issue as to any material fact. When a

motion under subrule (C)(10) is made and supported as provided in this rule, an

adverse party may not rest upon the mere allegations or denials of his or her pleading,

but must, by affidavits or as otherwise provided in this rule, set forth specific facts

showing that there is a genuine issue for trial. If the adverse party does not so respond,

judgment, if appropriate, shall be entered against him or her.

Chapter 2. Civil Procedure Page 57 Updated June 21, 2024

(5) The affidavits, together with the pleadings, depositions, admissions, and

documentary evidence then filed in the action or submitted by the parties, must be

considered by the court when the motion is based on subrule (C)(1)-(7) or (10). Only

the pleadings may be considered when the motion is based on subrule (C)(8) or (9).

(6) Affidavits, depositions, admissions, and documentary evidence offered in support

of or in opposition to a motion based on subrule (C)(1)-(7) or (10) shall only be

considered to the extent that the content or substance would be admissible as evidence

to establish or deny the grounds stated in the motion.

(H) Affidavits Unavailable.

(1) A party may show by affidavit that the facts necessary to support the party’s

position cannot be presented because the facts are known only to persons whose

affidavits the party cannot procure. The affidavit must

(a) name these persons and state why their testimony cannot be procured, and

(b) state the nature of the probable testimony of these persons and the reason for

the party’s belief that these persons would testify to those facts.

(2) When this kind of affidavit is filed, the court may enter an appropriate order,

including an order

(a) denying the motion, or

(b) allowing additional time to permit the affidavit to be supported by further

affidavits, or by depositions, answers to interrogatories, or other discovery.

(I) Disposition by Court; Immediate Trial.

(1) If the pleadings show that a party is entitled to judgment as a matter of law, or if

the affidavits or other proofs show that there is no genuine issue of material fact, the

court shall render judgment without delay.

(2) If it appears to the court that the opposing party, rather than the moving party, is

entitled to judgment, the court may render judgment in favor of the opposing party.

(3) A court may, under proper circumstances, order immediate trial to resolve any

disputed issue of fact, and judgment may be entered forthwith if the proofs show that a

party is entitled to judgment on the facts as determined by the court. An immediate

trial may be ordered if the grounds asserted are based on subrules (C)(1) through

(C)(6), or if the motion is based on subrule (C)(7) and a jury trial as of right has not

been demanded on or before the date set for hearing. If the motion is based on subrule

(C)(7) and a jury trial has been demanded, the court may order immediate trial, but

must afford the parties a jury trial as to issues raised by the motion as to which there is

a right to trial by jury.

(4) The court may postpone until trial the hearing and decision on a matter involving

disputed issues of fact brought before it under this rule.

Chapter 2. Civil Procedure Page 58 Updated June 21, 2024

(5) If the grounds asserted are based on subrule (C)(8), (9), or (10), the court shall give

the parties an opportunity to amend their pleadings as provided by MCR 2.118, unless

the evidence then before the court shows that amendment would not be justified.

(J) Motion Denied; Case Not Fully Adjudicated on Motion.

(1) If a motion under this rule is denied, or if the decision does not dispose of the entire

action or grant all the relief demanded, the action must proceed to final judgment. The

court may:

(a) set the time for further pleadings or amendments required;

(b) examine the evidence before it and, by questioning the attorneys, ascertain

what material facts are without substantial controversy, including the extent to

which damages are not disputed; and

(2) A party aggrieved by a decision of the court entered under this rule may:

(a) seek interlocutory leave to appeal as provided for by these rules;

(b) claim an immediate appeal as of right if the judgment entered by the court

constitutes a final judgment under MCR 2.604(B); or

rule in an appeal taken from final judgment.

ULE 2.117 APPEARANCES

(A) Appearance by Party.

(1) A party may appear in an action by filing a notice to that effect or by physically

appearing before the court for that purpose. In the latter event, the party must promptly

file a written appearance and serve it on all persons entitled to service. A written

appearance must comply with the caption requirements in MCR 1.109(D)(1)(b).

(2) Filing an appearance without taking any other action toward prosecution or

defense of the action neither confers nor enlarges the jurisdiction of the court over the

party. An appearance entitles a party to be served with all documents as provided by

MCR 2.107(A). In all other respects, the party is treated as if the appearance had not

been filed.

(B) Appearance by Attorney.

(1) In General. An attorney may appear by an act indicating that the attorney

represents a party in the action. An appearance by an attorney for a party is deemed an

appearance by the party. Unless a particular rule indicates otherwise, any act required

to be performed by a party may be performed by the attorney representing the party.

(2) Notice of Appearance.

Chapter 2. Civil Procedure Page 59 Updated June 21, 2024

(a) If an appearance is made in a manner not involving the filing of a document

with the court, the attorney must promptly file a written appearance and serve it on

the parties entitled to service. The written appearance must comply with the

caption requirements in MCR 1.109(D)(1)(b).

(b) If an attorney files an appearance, but takes no other action toward prosecution

or defense of the action, the appearance entitles the attorney to be served with all

documents as provided by MCR 2.107(A).

attorney for limited purposes during the course of an action, including, but not

limited to, depositions, hearings, discovery, and motion practice, if the following

conditions are satisfied:

(i) The attorney files and serves a notice of limited appearance with the court

before or during the relevant action or proceeding, and all parties of record are

served with the limited entry of appearance; and

(ii) The notice of limited appearance identifies the limitation of the scope by

date, time period, and/or subject matter.

(d) An attorney who has filed a notice of limited appearance must restrict activities

in accordance with the notice or any amended limited appearance. Should an

attorney’s representation exceed the scope of the limited appearance, opposing

counsel (by motion), or the court (by order to show cause), may set a hearing to

establish the actual scope of the representation.

(3) Appearance by Appointing Authority.

(a) In some actions, an appointing authority independent of the judiciary

determines the attorney that will represent a party for the entirety of the action. In

some actions, an appointing authority independent of the judiciary determines that

an attorney will represent a party for a single hearing-like an arraignment.

(b) In actions where an attorney is appointed for the entirety of the action, the

appointed attorney shall file an appearance with the court.

should orally inform the court of the limited appointment at the time of the

hearing. It is not necessary for the appointing authority to file a notice of

appointment or for the attorney to file an appearance.

(4) Appearance by Law Firm.

(a) A pleading, appearance, motion, or other document filed by a law firm on

behalf of a client is deemed the appearance of the individual attorney first filing a

document in the action. All notices required by these rules may be served on that

individual. That attorney’s appearance continues until an order of substitution or

withdrawal is entered, or a confirming notice of withdrawal of a notice of limited

appearance is filed as provided by subrule (C)(3). This subrule is not intended to

prohibit other attorneys in the law firm from appearing in the action on behalf of

the party.

Chapter 2. Civil Procedure Page 60 Updated June 21, 2024

(b) The appearance of an attorney is deemed to be the appearance of every member

of the law firm. Any attorney in the firm may be required by the court to conduct a

court ordered conference or trial.

(1) Unless otherwise stated or ordered by the court, an attorney's appearance applies

only in the court in which it is made, or to which the action is transferred, until a final

judgment or final order is entered disposing of all claims by or against the party whom

the attorney represents and the time for appeal of right has passed. The appearance

applies in an appeal taken before entry of final judgment or final order by the trial

court.

(2) Unless otherwise stated in this rule, an attorney who has entered an appearance

may withdraw from the action or be substituted for only on order of the court.

(3) In appointed cases, substitute counsel shall file an appearance with the court after

receiving the assignment from the appointing authority.

(4) An attorney who has filed a notice of limited appearance pursuant to MCR

2.117(B)(2)(c) and MRPC 1.2(b) may withdraw by filing a notice of withdrawal from

limited appearance with the court, served on all parties of record, stating that the

attorney’s limited representation has concluded and the attorney has taken all actions

necessitated by the limited representation, and providing to the court a current service

address and telephone number for the self-represented litigant. If the notice of

withdrawal from limited appearance is signed by the client, it shall be effective

immediately upon filing and service. If it is not signed by the client, it shall become

effective 14 days after filing and service, unless the self-represented client files and

serves a written objection to the withdrawal on the grounds that the attorney did not

complete the agreed upon services.

(D) Nonappearance of Attorney Assisting in Document Preparation. An attorney who

assists in the preparation of pleadings or other documents without signing them, as

authorized in MRPC 1.2(b), has not filed an appearance and shall not be deemed to

have done so. This provision shall not be construed to prevent the court from

investigating issues concerning the preparation of such a document.

(E) Service of Documents After Removal of Appearance. If an attorney has filed a

limited appearance or the attorney is removed from the case for any other reason, the

attorney shall not continue to be served with documents in the case after the limited

appearance ends or after an order is entered removing the attorney from the case.

ULE 2.118 AMENDED AND SUPPLEMENTAL PLEADINGS

(A) Amendments.

(1) A party may amend a pleading once as a matter of course within 14 days after

being served with a responsive pleading by an adverse party, or within 14 days after

serving the pleading if it does not require a responsive pleading.

Chapter 2. Civil Procedure Page 61 Updated June 21, 2024

(2) Except as provided in subrule (A)(1), a party may amend a pleading only by leave

of the court or by written consent of the adverse party. Leave shall be freely given

when justice so requires.

(3) On a finding that inexcusable delay in requesting an amendment has caused or will

cause the adverse party additional expense that would have been unnecessary had the

request for amendment been filed earlier, the court may condition the order allowing

amendment on the offending party's reimbursing the adverse party for the additional

expense, including reasonable attorney fees.

(4) Amendments must be filed in writing, dated, and numbered consecutively, and

must comply with MCR 2.113. Unless otherwise indicated, an amended pleading

supersedes the former pleading.

(B) Response to Amendments. Within the time prescribed by MCR 2.108, a party served

with an amendment to a pleading requiring a response under MCR 2.110(B) must

(1) serve and file a pleading in response to the amended pleading, or

(2) serve and file a notice that the party's pleading filed in response to the opposing

party's earlier pleading will stand as the response to the amended pleading.

(1) When issues not raised by the pleadings are tried by express or implied consent of

the parties, they are treated as if they had been raised by the pleadings. In that case,

amendment of the pleadings to conform to the evidence and to raise those issues may

be made on motion of a party at any time, even after judgment.

(2) If evidence is objected to at trial on the ground that it is not within the issues raised

by the pleadings, amendment to conform to that proof shall not be allowed unless the

party seeking to amend satisfies the court that the amendment and the admission of the

evidence would not prejudice the objecting party in maintaining his or her action or

defense on the merits. The court may grant an adjournment to enable the objecting

party to meet the evidence.

(D) Relation Back of Amendments. An amendment that adds a claim or a defense relates

back to the date of the original pleading if the claim or defense asserted in the amended

pleading arose out of the conduct, transaction, or occurrence set forth, or attempted to be

set forth, in the original pleading.

In a medical malpractice action, an amendment of an

affidavit of merit or affidavit of meritorious defense relates back to the date of the original

filing of the affidavit.

(E) Supplemental Pleadings. On motion of a party the court may, on reasonable notice and

on just terms, permit the party to serve a supplemental pleading to state transactions or

events that have happened since the date of the pleading sought to be supplemented,

whether or not the original pleading is defective in its statement of a claim for relief or a

defense. The court may order the adverse party to plead, specifying the time allowed for

pleading.

Chapter 2. Civil Procedure Page 62 Updated June 21, 2024

RULE 2.119 MOTION PRACTICE

(A) Form of Motions.

(1) An application to the court for an order in a pending action must be by motion.

Unless made during a hearing or trial, a motion must

(a) be in writing,

(b) state with particularity the grounds and authority on which it is based,

(d) be signed by the party or attorney as provided in MCR 1.109(D)(3) and (E).

(2) A motion or response to a motion that presents an issue of law must be

accompanied by a brief citing the authority on which it is based, and must comply with

the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals

opinions.

(a) Except as permitted by the court, the combined length of any motion and brief,

or of a response and brief, may not exceed 20 pages double spaced, exclusive of

attachments and exhibits.

(b) Except as permitted by the court or as otherwise provided in these rules, no

reply briefs, additional briefs, or supplemental briefs may be filed.

be used, and printing shall not be smaller than 12-point type.

(d) Except where electronic filing has been implemented, a copy of a motion or

response (including brief) filed under this rule must be provided by counsel to the

office of the judge hearing the motion. The judge's copy must be clearly marked

JUDGE’S COPY on the cover sheet; that notation may be handwritten. Where

electronic filing has been implemented, a judge’s copy shall not be required.

(3) A motion and notice of the hearing on it may be combined in the same document.

(4) If a contested motion is filed after rejection of a proposed order under subrule (D),

a copy of the rejected order and an affidavit establishing the rejection must be filed

with the motion.

(B) Form of Affidavits.

(1) If an affidavit is filed in support of or in opposition to a motion, it must:

(a) be made on personal knowledge;

(b) state with particularity facts admissible as evidence establishing or denying the

grounds stated in the motion; and

competently to the facts stated in the affidavit.

(2) Sworn or certified copies of all documents or parts of documents referred to in an

affidavit must be attached to the affidavit unless the documents:

Chapter 2. Civil Procedure Page 63 Updated June 21, 2024

(a) have already been filed in the action;

(b) are matters of public record in the county in which the action is pending;

or the motion; or

(d) are of such nature that attaching them would be unreasonable or impracticable,

and this fact and the reasons are stated in the affidavit or the motion.

(1) Unless a different period is set by these rules or by the court for good cause, a

written motion (other than one that may be heard ex parte), notice of the hearing on the

motion, and any supporting brief or affidavits must be served as follows:

(a) at least 9 days before the time set for the hearing, if served by first-class mail,

(b) at least 7 days before the time set for the hearing, if served by delivery under

MCR 2.107(C)(1) or (2) or MCR 1.109(G)(6)(a).

(2) Unless a different period is set by these rules or by the court for good cause, any

response to a motion (including a brief or affidavits) required or permitted by these

rules must be served as follows:

(a) at least 5 days before the hearing, if served by first-class mail, or

(b) at least 3 days before the hearing, if served by delivery under MCR 2.107(C)(1)

or (2) or MCR 1.109(G)(6)(a).

(3) If the court sets a different time for serving a motion or response its authorization

must be endorsed in writing on the face of the notice of hearing or made by separate

order.

(4) Unless the court sets a different time, a motion must be filed at least 7 days before

the hearing, and any response to a motion required or permitted by these rules must be

filed at least 3 days before the hearing.

(D) Uncontested Orders.

(1) Before filing a motion, a party may serve on the opposite party a copy of a

proposed order and a request to stipulate to the court's entry of the proposed order.

(2) On receipt of a request to stipulate, a party may

(a) stipulate to the entry of the order by signing the following statement at the end

of the proposed order: “I stipulate to the entry of the above order”; or

(b) waive notice and hearing on the entry of an order by signing the following

statement at the end of the proposed order: “Notice and hearing on entry of the

above order is waived.”

A proposed order is deemed rejected unless it is stipulated to or notice and hearing

are waived within 7 days after it is served.

Chapter 2. Civil Procedure Page 64 Updated June 21, 2024

(3) If the parties have stipulated to the entry of a proposed order or waived notice and

hearing, the court may enter the order. If the court declines to enter the order, it shall

notify the moving party that a hearing on the motion is required. The matter then

proceeds as a contested motion under subrule (E).

(4) The moving party must serve a copy of an order entered by the court pursuant to

subrule (D)(3) on the parties entitled to notice under MCR 2.107, or notify them that

the court requires the matter to be heard as a contested motion.

(5) Notwithstanding the provisions of subrule (D)(3), stipulations and orders for

adjournment are governed by MCR 2.503.

(E) Contested Motions.

(1) Contested motions should be noticed for hearing at the time designated by the

court for the hearing of motions. A motion will be heard on the day for which it is

noticed, unless the court otherwise directs. If a motion cannot be heard on the day it is

noticed, the court may schedule a new hearing date or the moving party may renotice

the hearing.

(2) When a motion is based on facts not appearing of record, the court may hear the

motion on affidavits presented by the parties, or may direct that the motion be heard

wholly or partly on oral testimony or deposition.

(3) A court may, in its discretion, dispense with or limit oral arguments on motions,

and may require the parties to file briefs in support of and in opposition to a motion.

(4) Appearance at the hearing is governed by the following:

(a) A party who, pursuant to subrule (D)(2), has previously rejected the proposed

order before the court must either

(i) appear at the hearing held on the motion, or

(ii) before the hearing, file a response containing a concise statement of

reasons in opposition to the motion and supporting authorities.

A party who fails to comply with this subrule is subject to assessment of costs

under subrule (E)(4)(c).

(b) Unless excused by the court, the moving party must appear at a hearing on the

motion. A moving party who fails to appear is subject to assessment of costs under

subrule (E)(4)(c); in addition, the court may assess a penalty not to exceed $100,

payable to the clerk of the court.

assess costs against the offending party, that party's attorney, or both, equal to the

expenses reasonably incurred by the opposing party in appearing at the hearing,

including reasonable attorney fees, unless the circumstances make an award of

expenses unjust.

(F) Motions for Rehearing or Reconsideration.

Chapter 2. Civil Procedure Page 65 Updated June 21, 2024

(1) Unless another rule provides a different procedure for reconsideration of a decision

(see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the

decision on a motion must be served and filed not later than 21 days after entry of an

order deciding the motion.

(2) No response to the motion may be filed, and there is no oral argument, unless the

court otherwise directs.

(3) Generally, and without restricting the discretion of the court, a motion for

rehearing or reconsideration which merely presents the same issues ruled on by the

court, either expressly or by reasonable implication, will not be granted. The moving

party must demonstrate a palpable error by which the court and the parties have been

misled and show that a different disposition of the motion must result from correction

of the error.

(G) Motion Fees. The following provisions apply to actions in which a motion fee is

required:

(1) A motion fee must be paid on the filing of any request for an order in a pending

action, whether the request is entitled “motion,” “petition,” “application,” or

otherwise.

(2) The clerk shall charge a single motion fee for all motions filed at the same time in

an action regardless of the number of separately captioned documents filed or the

number of distinct or alternative requests for relief included in the motions.

(3) A motion fee may not be charged:

(a) in criminal cases;

(b) for a notice of settlement of a proposed judgment or order under MCR

2.602(B);

or MCL 600.8371(6);

(d) if the motion is filed at the same time as another document in the same action

as to which a fee is required; or

(e) for entry of an uncontested order under subrule (D).

SUBCHAPTER 2.200 PARTIES; JOINDER OF CLAIMS AND PARTIES; VENUE;

RANSFER OF ACTIONS

RULE 2.201 PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

(A) Designation of Parties. The party who commences a civil action is designated as

plaintiff and the adverse party as defendant. In an appeal the relative position of the parties

and their designations as plaintiff and defendant are the same, but they are also designated

as appellant and appellee.

Chapter 2. Civil Procedure Page 66 Updated June 21, 2024

(B) Real Party in Interest. An action must be prosecuted in the name of the real party in

interest, subject to the following provisions:

(1) A personal representative, guardian, conservator, trustee of an express trust, a party

with whom or in whose name a contract has been made for the benefit of another, or a

person authorized by statute may sue in his or her own name without joining the party

for whose benefit the action is brought.

(2) An action on the bond of a public officer required to give bond to the people of the

state may be brought in the name of the person to whom the right on the bond accrues.

(3) An action on a bond, contract, or undertaking made with an officer of the state or

of a governmental unit, including but not limited to a public, municipal, quasi-

municipal, or governmental corporation, an unincorporated board, a public body, or a

political subdivision, may be brought in the name of the state or the governmental unit

for whose benefit the contract was made.

(4) An action to prevent illegal expenditure of state funds or to test the

constitutionality of a statute relating to such an expenditure may be brought:

(a) in the name of a domestic nonprofit corporation organized for civic, protective,

or improvement purposes; or

(b) in the names of at least 5 residents of Michigan who own property assessed for

direct taxation by the county where they reside.

(1) A natural person may sue or be sued in his or her own name.

(2) A person conducting a business under a name subject to certification under the

assumed name statute may be sued in that name in an action arising out of the conduct

of that business.

(3) A partnership, partnership association, or unincorporated voluntary association

having a distinguishing name may sue or be sued in its partnership or association

name, in the names of any of its members designated as such, or both.

(4) A domestic or a foreign corporation may sue or be sued in its corporate name,

unless a statute provides otherwise.

(5) Actions to which the state or a governmental unit (including but not limited to a

public, municipal, quasi-municipal, or governmental corporation, an unincorporated

board, a public body, or a political subdivision) is a party may be brought by or against

the state or governmental unit in its own name, or in the name of an officer authorized

to sue or be sued on its behalf. An officer of the state or governmental unit must be

sued in the officer's official capacity to enforce the performance of an official duty. An

officer who sues or is sued in his or her official capacity may be described as a party

by official title and not by name, but the court may require the name to be added.

(D) Unknown Parties; Procedure.

Chapter 2. Civil Procedure Page 67 Updated June 21, 2024

(1) Persons who are or may be interested in the subject matter of an action, but whose

names cannot be ascertained on diligent inquiry, may be made parties by being

described as:

(a) unknown claimants;

(b) unknown owners; or

interested in the subject matter of the action.

If it cannot be ascertained on diligent inquiry whether a person who is or may be

interested in the subject matter of the action is alive or dead, what disposition the

person may have made of his or her interest, or where the person resides if alive,

the person and everyone claiming under him or her may be made parties by

naming the person and adding “or [his or her] unknown heirs, devisees, or

assignees.”

(2) The names and descriptions of the persons sought to be made parties, with a

statement of the efforts made to identify and locate them, must be stated in the

complaint and verified by oath or affirmation by the plaintiff or someone having

knowledge of the facts in the plaintiff's behalf. The court may require a more specific

description to be made by amendment.

(3) A publication giving notice to persons who cannot be personally served must

include the description of unknown persons as set forth in the complaint or amended

complaint.

(4) The publication and all later proceedings in the action are conducted as if the

unknown parties were designated by their proper names. The judgment rendered

determines the nature, validity, and extent of the rights of all parties.

(5) A person desiring to appear and show his or her interest in the subject matter of the

action must proceed under MCR 2.209. Subject to that rule, the person may be made a

party in his or her proper name.

(E) Minors and Incompetent Persons. This subrule does not apply to proceedings under

chapter 5.

(1) Representation.

(a) If a minor or incompetent person has a conservator, actions may be brought and

must be defended by the conservator on behalf of the minor or incompetent person.

(b) If a minor or incompetent person does not have a conservator to represent the

person as plaintiff, the court shall appoint a competent and responsible person to

appear as next friend on his or her behalf, and the next friend is responsible for the

costs of the action.

person as defendant, the action may not proceed until the court appoints a guardian

ad litem, who is not responsible for the costs of the action unless, by reason of

Chapter 2. Civil Procedure Page 68 Updated June 21, 2024

personal misconduct, he or she is specifically charged costs by the court. It is

unnecessary to appoint a representative for a minor accused of a civil infraction.

(2) Appointment of Representative.

(a) Appointment of a next friend or guardian ad litem shall be made by the court as

follows:

(i) if the party is a minor 14 years of age or older, on the minor's nomination,

accompanied by a written consent of the person to be appointed;

(ii) if the party is a minor under 14 years of age or an incompetent person, on

the nomination of the party's next of kin or of another relative or friend the

court deems suitable, accompanied by a written consent of the person to be

appointed; or

(iii) if a nomination is not made or approved within 21 days after service of

process, on motion of the court or of a party.

(b) The court may refuse to appoint a representative it deems unsuitable.

promptly filed with the clerk of the court.

(3) Security.

(a) Except for costs and expenses awarded to the next friend or guardian ad litem

or the represented party, a person appointed under this subrule may not receive

money or property belonging to the minor or incompetent party or awarded to that

party in the action, unless he or she gives security as the court directs.

(b) The court may require that the conservator representing a minor or incompetent

party give security as the court directs before receiving the party's money or

property.

(4) Incompetency While Action Pending. A party who becomes incompetent while an

action is pending may be represented by his or her conservator, or the court may

appoint a next friend or guardian ad litem as if the action had been commenced after

the appointment.

ULE 2.202 SUBSTITUTION OF PARTIES

(A) Death.

(1) If a party dies and the claim is not thereby extinguished, the court may order

substitution of the proper parties.

(a) A motion for substitution may be made by a party, or by the successor or

representative of the deceased party.

(b) Unless a motion for substitution is made within 91 days after filing and service

of a statement of the fact of the death, the action must be dismissed as to the

deceased party, unless the party seeking substitution shows that there would be no

prejudice to any other party from allowing later substitution.

Chapter 2. Civil Procedure Page 69 Updated June 21, 2024

MCR 2.107, and on persons not parties as provided in MCR 2.105.

(2) If one or more of the plaintiffs or one or more of the defendants in an action dies,

and the right sought to be enforced survives only to the surviving plaintiffs or only

against the surviving defendants, the action does not abate. A party or attorney who

learns that a party has died must promptly file a notice of the death.

(B) Transfer or Change of Interest. If there is a change or transfer of interest, the action

may be continued by or against the original party in his or her original capacity, unless the

court, on motion supported by affidavit, directs that the person to whom the interest is

transferred be substituted for or joined with the original party, or directs that the original

party be made a party in another capacity. Notice must be given as provided in subrule

(A)(1)(c).

described in MCR 2.201(C)(5) is a party to an action and during its pendency dies,

resigns, or otherwise ceases to hold office, the action may be continued and maintained by

or against the officer's successor without a formal order of substitution.

(D) Substitution at Any Stage. Substitution of parties under this rule may be ordered by

the court either before or after judgment or by the Court of Appeals or Supreme Court

pending appeal. If substitution is ordered, the court may require additional security to be

given.

ULE 2.203 JOINDER OF CLAIMS, COUNTERCLAIMS, AND CROSS-CLAIMS

(A) Compulsory Joinder. In a pleading that states a claim against an opposing party, the

pleader must join every claim that the pleader has against that opposing party at the time

of serving the pleading, if it arises out of the transaction or occurrence that is the subject

matter of the action and does not require for its adjudication the presence of third parties

over whom the court cannot acquire jurisdiction.

(B) Permissive Joinder. A pleader may join as either independent or alternate claims as

many claims, legal or equitable, as the pleader has against an opposing party. If a claim is

one previously cognizable only after another claim has been prosecuted to a conclusion,

the two claims may be joined in a single action; but the court may grant relief only in

accordance with the substantive rights of the parties.

diminish or defeat the recovery sought by the opposing party. It may claim relief

exceeding in amount or different in kind from that sought in the pleading of the opposing

party.

(D) Cross-Claim Against Co-Party. A pleading may state as a cross-claim a claim by one

party against a co-party arising out of the transaction or occurrence that is the subject

matter of the original action or of a counterclaim, or that relates to property that is the

Chapter 2. Civil Procedure Page 70 Updated June 21, 2024

subject matter of the original action. The cross-claim may include a claim that the party

against whom it is asserted is or may be liable to the cross-claimant for all or part of a

claim asserted in the action against the cross-claimant.

(E) Time for Filing Counterclaim or Cross-Claim. A counterclaim or cross-claim must be

filed with the answer or filed as an amendment in the manner provided by MCR 2.118. If

a motion to amend to state a counterclaim or cross-claim is denied, the litigation of that

claim in another action is not precluded unless the court specifies otherwise.

(F) Separate Trials; Separate Judgment. If the court orders separate trials as provided in

MCR 2.505(B), judgment on a claim, counterclaim, or cross-claim may be rendered in

accordance with the terms of MCR 2.604 when the court has jurisdiction to do so. The

judgment may be rendered even if the claims of the opposing party have been dismissed or

otherwise disposed of.

(G)Joining Additional Parties

(1)Persons Who May be Joined. Persons other than those made parties to the original

action may be made parties to a counterclaim or cross-claim, subject to MCR 2.205

and 2.206.

(2)Summons. On the filing of a counterclaim or cross-claim adding new parties, the

court clerk shall issue a summons for each new party in the same manner as on the

filing of a complaint, as provided in MCR 2.102(A)-(C). Unless the court orders

otherwise, the summons is valid for 21 days after the court issues it.

ULE 2.204 THIRD-PARTY PRACTICE

(A) When Defendant May Bring in Third Party.

(1) Subject to the provisions of MCL 500.3030, any time after commencement of an

action, a defending party, as a third-party plaintiff, may serve a summons and

complaint on a person not a party to the action who is or may be liable to the third-

party plaintiff for all or part of the plaintiff's claim. The third-party plaintiff need not

obtain leave to make the service if the third-party complaint is filed within 21 days

after the third-party plaintiff's original answer was filed. Otherwise, leave on motion

with notice to all parties is required. Unless the court orders otherwise, the summons

issued on the filing of a third-party complaint is valid for 21 days after it is issued, and

must include the expiration date. See MCR 2.102(B)(8).

(2) Within the time provided by MCR 2.108(A)(1)-(3), the person served with the

summons and third-party complaint (the “third-party defendant”) must respond to the

third-party plaintiff's claim as provided in MCR 2.111, and may file counterclaims

against the third-party plaintiff and cross-claims against other parties as provided in

MCR 2.203. The third-party defendant may assert against the plaintiff any defenses

which the third-party plaintiff has to the plaintiff's claim. The third-party defendant

may also assert a claim against the plaintiff arising out of the transaction or occurrence

that is the subject matter of the plaintiff's claim against the third-party plaintiff.

Chapter 2. Civil Procedure Page 71 Updated June 21, 2024

(3) The plaintiff may assert a claim against the third-party defendant arising out of the

transaction or occurrence that is the subject matter of the plaintiff's claim against the

third-party plaintiff, and the third-party defendant must respond as provided in MCR

2.111 and may file counterclaims and cross-claims as provided in MCR 2.203.

(4) A party may move for severance, separate trial, or dismissal of the third-party

claim. The court may direct entry of a final judgment on either the original claim or the

third-party claim, in accordance with MCR 2.604(B).

(5) A third-party defendant may proceed under this rule against a person not a party to

the action who is or may be liable to the third-party defendant for all or part of a claim

made in the action against the third-party defendant.

(B) When Plaintiff May Bring in Third Party. A plaintiff against whom a claim or

counterclaim is asserted may bring in a third party under this rule to the same extent as a

defendant.

small claims division of the district court.

ULE 2.205 NECESSARY JOINDER OF PARTIES

(A) Necessary Joinder. Subject to the provisions of subrule (B) and MCR 3.501, persons

having such interests in the subject matter of an action that their presence in the action is

essential to permit the court to render complete relief must be made parties and aligned as

plaintiffs or defendants in accordance with their respective interests.

(B) Effect of Failure to Join. When persons described in subrule (A) have not been made

parties and are subject to the jurisdiction of the court, the court shall order them

summoned to appear in the action, and may prescribe the time and order of pleading. If

jurisdiction over those persons can be acquired only by their consent or voluntary

appearance, the court may proceed with the action and grant appropriate relief to persons

who are parties to prevent a failure of justice. In determining whether to proceed, the court

shall consider

(1) whether a valid judgment may be rendered in favor of the plaintiff in the absence

of the person not joined;

(2) whether the plaintiff would have another effective remedy if the action is

dismissed because of the nonjoinder;

(3) the prejudice to the defendant or to the person not joined that may result from the

nonjoinder; and

(4) whether the prejudice, if any, may be avoided or lessened by a protective order or a

provision included in the final judgment.

Notwithstanding the failure to join a person who should have been joined, the court

may render a judgment against the plaintiff whenever it is determined that the plaintiff

is not entitled to relief as a matter of substantive law.

Chapter 2. Civil Procedure Page 72 Updated June 21, 2024

pleading in which relief is asked, the pleader must state the names, if known, of

persons who are not joined, but who ought to be parties if complete relief is to be

accorded to those already parties, and must state why they are not joined.

ULE 2.206 PERMISSIVE JOINDER OF PARTIES

(A) Permissive Joinder.

(1) All persons may join in one action as plaintiffs

(a) if they assert a right to relief jointly, severally, or in the alternative, in respect of

or arising out of the same transaction, occurrence, or series of transactions or

occurrences and if a question of law or fact common to all of the plaintiffs will

arise in the action; or

(b) if their presence in the action will promote the convenient administration of

justice.

(2) All persons may be joined in one action as defendants

(a) if there is asserted against them jointly, severally, or in the alternative, a right to

relief in respect of or arising out of the same transaction, occurrence, or series of

transactions or occurrences and if a question of law or fact common to all of the

defendants will arise in the action; or

(b) if their presence in the action will promote the convenient administration of

justice.

(3) A plaintiff or defendant need not be interested in obtaining or defending against all

the relief demanded. Judgment may be rendered for one or more of the parties against

one or more of the parties as the rights and liabilities of the parties are determined.

(B) Separate Trials. The court may enter orders to prevent a party from being

embarrassed, delayed, or put to expense by the joinder of a person against whom the party

asserts no claim and who asserts no claim against the party, and may order separate trials

or enter other orders to prevent delay or prejudice.

ULE 2.207 MISJOINDER AND NONJOINDER OF PARTIES

Misjoinder of parties is not a ground for dismissal of an action. Parties may be added or

dropped by order of the court on motion of a party or on the court's own initiative at any stage of

the action and on terms that are just. When the presence of persons other than the original parties

to the action is required to grant complete relief in the determination of a counterclaim or cross-

claim, the court shall order those persons to be brought in as defendants if jurisdiction over them

can be obtained. A claim against a party may be severed and proceeded with separately.

Chapter 2. Civil Procedure Page 73 Updated June 21, 2024

RULE 2.209 INTERVENTION

(A) Intervention of Right. On timely application a person has a right to intervene in an

action:

(1) when a Michigan statute or court rule confers an unconditional right to intervene;

(2) by stipulation of all the parties; or

(3) when the applicant claims an interest relating to the property or transaction which

is the subject of the action and is so situated that the disposition of the action may as a

practical matter impair or impede the applicant's ability to protect that interest, unless

the applicant's interest is adequately represented by existing parties.

(B) Permissive Intervention. On timely application a person may intervene in an action

(1) when a Michigan statute or court rule confers a conditional right to intervene; or

(2) when an applicant's claim or defense and the main action have a question of law or

fact in common.

In exercising its discretion, the court shall consider whether the intervention will

unduly delay or prejudice the adjudication of the rights of the original parties.

notice in writing to all parties under MCR 2.107. The motion must

(1) state the grounds for intervention, and

(2) be accompanied by a pleading stating the claim or defense for which intervention

is sought.

(D) Notice to Attorney General. When the validity of a Michigan statute or a rule or

regulation included in the Michigan Administrative Code is in question in an action to

which the state or an officer or agency of the state is not a party, the court may require that

notice be given to the Attorney General, specifying the pertinent statute, rule, or

regulation.

ULE 2.221 MOTION FOR CHANGE OF VENUE

(A) Time to File. A motion for change of venue must be filed before or at the time the

defendant files an answer.

(B) Late Motion. Untimeliness is not a ground for denial of a motion filed after the answer

if the court is satisfied that the facts on which the motion is based were not and could not

with reasonable diligence have been known to the moving party more than 14 days before

the motion was filed.

imposed by this rule.

Chapter 2. Civil Procedure Page 74 Updated June 21, 2024

RULE 2.222 CHANGE OF VENUE; VENUE PROPER

(A) Grounds. The court may order a change of venue of a civil action, or of an appeal from

an order or decision of a state board, commission, or agency authorized to promulgate

rules or regulations, for the convenience of parties and witnesses or when an impartial trial

cannot be had where the action is pending. In the case of appellate review of

administrative proceedings, venue may also be changed for the convenience of the

attorneys.

(B) Motion Required. If the venue of the action is proper, the court may not change the

venue on its own initiative, but may do so only on motion of a party.

more of them would have been improper if the claims had been brought in separate

actions, the defendant may move to separate the claims and to transfer those as to which

venue would have been improper. The court has discretion to

(1) order the transfer of all claims,

(2) order the separation and transfer moved for, or

(3) retain the entire action for trial.

(D) Order for Change of Venue; Case Records.

(1) The transferring court must enter all necessary orders pertaining to the certification

and transfer of the action to the receiving court. The court must order the party that

moved for change of venue to pay the applicable statutory filing fee to the receiving

court, unless fees have been waived in accordance with MCR 2.002.

(2) The transferring court must serve the order on the parties and send a copy to the

receiving court. The clerk of the transferring court must prepare the case records for

transfer in accordance with the orders entered under subrule (1) and the Michigan

Trial Court Records Management Standards and send them to the receiving court by a

secure method.

(3) The receiving court must temporarily suspend payment of the filing fee and open a

case pending payment of the filing fee as ordered by the transferring court. The

receiving court must notify the party that moved for change of venue of the new case

number in the receiving court, the amount due, and the due date.

(E) Payment of Filing and Jury Fees.

(1) The party that moved for change of venue must pay to the receiving court within

28 days of the date of the transfer order the applicable filing fee as ordered by the

transferring court. No further action may be had in the case until payment is made. If

the fee is not paid to the receiving court within 28 days of the date of the order, the

receiving court must order the case transferred back to the transferring court.

Chapter 2. Civil Procedure Page 75 Updated June 21, 2024

(2) If a jury fee has been paid, the clerk of the transferring court must forward it to the

clerk of the receiving court as soon as possible after the case records have been

transferred.

ULE 2.223 CHANGE OF VENUE; VENUE IMPROPER

(A) Motion; Court's Own Initiative. If the venue of a civil action is improper, the court

(1) shall order a change of venue on timely motion of a defendant, or

(2) may order a change of venue on its own initiative with notice to the parties and

opportunity for them to be heard on the venue question.

If venue is changed because the action was brought where venue was not proper, the

action may be transferred only to a county in which venue would have been proper.

(B) Order for Change of Venue; Case Records.

(1) The transferring court must enter all necessary orders pertaining to the certification

and transfer of the action to the receiving court. The court must order the plaintiff to

pay the applicable statutory filing fee directly to the receiving court, unless fees have

been waived in accordance with MCR 2.002. The court may also order the plaintiff to

pay reasonable compensation and attorney fees to the defendant if the case was filed in

the wrong court.

(2) The transferring court must serve the order on the parties and send a copy to the

receiving court. The clerk of the transferring court must prepare the case records for

transfer in accordance with the orders entered under subrule (1) and the Michigan

Trial Court Records Management Standards and send them to the receiving court by a

secure method.

(3) The receiving court must temporarily suspend payment of the filing fee and open a

case pending payment of the filing fee and costs as ordered by the transferring court.

The receiving court must notify the plaintiff of the new case number in the receiving

court, the amount due, and the due date.

(1) The plaintiff must pay to the receiving court within 28 days of the date of the

transfer order the applicable filing fee, costs, and expenses as ordered by the

transferring court or the receiving court will dismiss the action. No further proceedings

may be had in the action until payment has been made.

(2) If a jury fee has been paid, the clerk of the transferring court must forward it to the

clerk of the receiving court as soon as possible after the case records have been

transferred.

(3) MCL 600.1653 applies to tort actions filed on or after October 1, 1986.

Chapter 2. Civil Procedure Page 76 Updated June 21, 2024

RULE 2.224 CHANGE OF VENUE IN TORT ACTIONS

[Repealed November 6, 1996, effective February 1, 1997–Reporter.]

ULE 2.225 JOINDER OF PARTY TO CONTROL VENUE

(A) Joinder Not in Good Faith. On a defendant's motion, venue must be changed on a

showing that the venue of the action is proper only because of the joinder of a codefendant

who was not joined in good faith but only to control venue.

(B) Order for Change of Venue; Case Records.

(1) The transferring court must enter all necessary orders pertaining to the certification

and transfer of the action to the receiving court. The court must order the plaintiff to

pay the applicable statutory filing fee directly to the receiving court, unless fees have

been waived in accordance with MCR 2.002. The court may also order the plaintiff to

pay reasonable compensation and attorney fees to the defendant when necessary to

accomplish the transfer.

(2) The transferring court must serve the order on the parties and send a copy to the

receiving court. The clerk of the court must prepare the case records for transfer in

accordance with the orders entered under subrule (1) and the Michigan Trial Court

Records Management Standards and send them to the receiving court by a secure

method.

(3) The receiving court shall temporarily suspend payment of the filing fee and open a

case pending payment of the filing fee and costs as ordered by the transferring court.

The receiving court must notify the plaintiff of the new case number in the receiving

court, the amount due, and the due date.

(1) The plaintiff must pay to the receiving court within 28 days of the date of the

transfer order the applicable filing fee and any expenses or attorney fees as ordered by

the transferring court or the receiving court will dismiss the action.

(2) If a jury fee has been paid, the clerk of the transferring court must forward it to the

clerk of the receiving court as soon as possible after the case records have been

transferred.

ULE 2.226 CHANGE OF VENUE; TRANSFER OF JURISDICTION; ORDERS

(A) The court ordering a change of venue or transfer of jurisdiction shall enter all

necessary orders pertaining to the certification and transfer of the action to the court to

which the action is transferred on a form approved by the State Court Administrative

Office.

(B) If a change of venue or transfer of jurisdiction order is not prepared as required under

subrule (A), and the order lacks the information necessary for the receiving court to

Chapter 2. Civil Procedure Page 77 Updated June 21, 2024

determine under which rule the transfer was ordered, the clerk of the receiving court shall

refuse to accept the transfer and shall prepare a notice of refusal on a form approved by the

State Court Administrative Office and return the case to the transferring court for a proper

order within seven business days of receipt of the transfer order.

the transferring court shall prepare a proper order in accordance with subrule (A) and

retransfer the case within seven business days.

ULE 2.227 TRANSFER OF ACTIONS ON FINDING OF LACK OF JURISDICTION

(A) Transfer to Court Which Has Jurisdiction. Except as otherwise provided in this rule,

when the court in which a civil action is pending determines that it lacks jurisdiction of the

subject matter of the action, but that some other Michigan court would have jurisdiction of

the action, the court may order the action transferred to the other court in a place where

venue would be proper. If the question of jurisdiction is raised by the court on its own

initiative, the action may not be transferred until the parties are given notice and an

opportunity to be heard on the jurisdictional issue.

(B) Transfers From Circuit Court to District Court.

(1) A circuit court may not transfer an action to district court under this rule based on

the amount in controversy unless:

(a) the parties stipulate in good faith to the transfer and to an amount in

controversy not greater than the applicable jurisdictional limit of the district court;

(b) from the allegations of the complaint, it appears to a legal certainty that the

amount in controversy is not greater than the applicable jurisdictional limit of the

district court.

(1) The transferring court must enter all necessary orders pertaining to the certification

and transfer of the action to the receiving court. The court must order the plaintiff to

pay the applicable statutory filing fee directly to the receiving court, unless fees have

been waived in accordance with MCR 2.002. The court may also order the plaintiff to

pay reasonable compensation and attorney fees to the defendant for filing the case in

the wrong court.

(2) The transferring court must serve the order on the parties and send a copy to the

receiving court. The clerk of the court must prepare the case records for transfer in

accordance with the orders entered under subrule (1) and the Michigan Trial Court

Records Management Standards and send them to the receiving court by a secure

method.

(3) The receiving court shall temporarily suspend payment of the filing fee and open a

case pending payment of the filing fee and costs as ordered by the transferring court.

Chapter 2. Civil Procedure Page 78 Updated June 21, 2024

The receiving court must notify the plaintiff of the new case number in the receiving

court, the amount due, and the due date.

(D) Payment of Filing and Jury Fees After Transfer.

(1) The plaintiff must pay to the receiving court within 28 days of the date of the

transfer order the applicable filing fee and must submit proof of the payment of any

expenses as ordered by the transferring court or the receiving court will dismiss the

action.

(2) If a jury fee has been paid, the clerk of the transferring court must forward it to the

clerk of the receiving court as soon as possible after the case records have been

transferred.

(E) Procedure After Transfer.

(1) The action proceeds in the receiving court to as if it had been originally filed there.

If further pleadings are required or allowed, the time for filing them runs from the date

the filing fee is paid under subrule (D)(1). The receiving court may order the filing of

new or amended pleadings. If part of the action remains pending in the transferring

court, certified copies of the papers filed may be forwarded, with the cost to be paid by

the plaintiff.

(2) If a defendant had not been served with process at the time the action was

transferred, the plaintiff must obtain the issuance of a new summons from the

receiving court.

(3) A waiver of jury trial in the court in which the action was originally filed is

ineffective after transfer. A party who had waived trial by jury may demand a jury trial

after transfer by filing a demand and paying the applicable jury fee within 28 days

after the filing fee is paid under subrule (D)(1). A demand for a jury trial in the court in

which the action was originally filed is preserved after transfer.

(F) Relation to Other Transfer Provisions. This rule does not affect transfers (pursuant to

other rules or statutes) of actions over which the transferring court had jurisdiction.

ULE 2.228 TRANSFER TO THE COURT OF CLAIMS

(A) A notice of transfer to the Court of Claims must be provided before or at the time the

defendant files an answer.

(B) After the time provided in subrule (A) –

(1) If the court in which a civil action is pending has concurrent jurisdiction with the

Court of Claims, the defendant must seek leave to file a notice of transfer and the court

may grant leave if it is satisfied that the facts on which the motion is based were not

and could not with reasonable diligence have been known to the moving party more

than 14 days before the motion was filed.

Chapter 2. Civil Procedure Page 79 Updated June 21, 2024

(2) If the court in which a civil action is pending does not have subject matter

jurisdiction because the case is within the exclusive jurisdiction of the Court of

Claims, MCR 2.227 governs.

SUBCHAPTER 2.300 DISCOVERY

RULE 2.301 AVAILABILITY AND TIMING OF DISCOVERY

(A) Availability of Discovery.

(1) In a case where initial disclosures are required, a party may seek discovery only

after the party serves its initial disclosures under MCR 2.302(A). Otherwise, a party

may seek discovery after commencement of the action when authorized by these rules,

by stipulation, or by court order.

(2) In actions in the district court, no discovery is permitted before entry of judgment

except by leave of the court or on the stipulation of all parties. A motion for discovery

may not be filed unless the discovery sought has previously been requested and

refused.

(3) Notwithstanding the provisions of this or any other rule, discovery is not permitted

in actions in the small claims division of the district court or in civil infraction actions.

(4) After a post judgment motion is filed in a domestic relations action as defined by

subchapter 3.200 of these rules, parties may obtain discovery by any means provided

in subchapter 2.300 of these rules.

(B) Completion of Discovery.

(1) In circuit and probate court, the time for completion of discovery shall be set by an

order entered under MCR 2.401(B).

(2) In an action in which discovery is available only on leave of the court or by

stipulation, the order or stipulation shall set a time for completion of discovery. A time

set by stipulation may not delay the scheduling of the action for trial.

(3) After the time for completion of discovery, a deposition of a witness taken solely

for the purpose of preservation of testimony may be taken at any time before

commencement of trial without leave of court.

(4) Unless ordered otherwise, a date for the completion of discovery means the serving

party shall initiate the discovery by a time that provides for a response or appearance,

per these rules, before the completion date. As may be reasonable under the

circumstances, or by leave of court, motions with regard to discovery may be brought

after the date for completion of discovery.

discovery, consistent with these rules.

Chapter 2. Civil Procedure Page 80 Updated June 21, 2024

RULE 2.302 DUTY TO DISCLOSE; GENERAL RULES GOVERNING DISCOVERY

(A) Required Initial Disclosures.

(1) In General. Except as exempted by these rules, stipulation, or court order, a party

must, without awaiting a discovery request, provide to the other parties:

(a) the factual basis of the party’s claims and defenses;

(b) the legal theories on which the party’s claims and defenses are based,

including, if necessary for a reasonable understanding of the claim or defense,

citations to relevant legal authorities;

likely to have discoverable information—along with the subjects of that

information—that the disclosing party may use to support its claims or defenses,

unless the use would be solely for impeachment;

(d) a copy—or a description by category and location—of all documents, ESI, and

tangible things that the disclosing party has in its possession, custody, or control

and may use to support its claims or defenses, unless the use would be solely for

impeachment;

(e) a description by category and location of all documents, ESI, and tangible

things that are not in the disclosing party’s possession, custody, or control that the

disclosing party may use to support its claims or defenses, unless the use would be

solely for impeachment. The description must include the name and, if known, the

address and telephone number of the person who has possession, custody, or

control of the material;

(f) a computation of each category of damages claimed by the disclosing party,

who must also make available for inspection and copying as under MCR 2.310 the

documents or other evidentiary material, unless privileged or protected from

disclosure, on which each computation is based, including materials bearing on the

nature and extent of injuries suffered;

(g) a copy (or an opportunity to inspect a copy) of pertinent portions of any

insurance, indemnity, security equivalent, or suretyship agreement under which

another person may be liable to satisfy all or part of a possible judgment in the

action or to indemnify or reimburse for payments made to satisfy the judgment,

including self-insured retention and limitations on coverage, indemnity, or

reimbursement for amounts available to satisfy a judgment; and

(h) the anticipated subject areas of expert testimony.

(2) Additional Disclosures for No-Fault Cases. In addition to the disclosures under

subrule (A)(1), in a case asserting a first-party claim for benefits under the Michigan

no-fault act, MCL 500.3101, et seq., the following disclosures must be made without

awaiting a discovery request:

(a) A defendant from whom no-fault benefits are claimed must disclose:

(i) a copy of the first-party claim file and a privilege log for any redactions and

Chapter 2. Civil Procedure Page 81 Updated June 21, 2024

(ii) the payments the insurance company has made on the claim.

(b) The plaintiff must disclose all applicable claims, including all of the following

information within the plaintiff’s possession, custody, or control:

(i) the identity of those who provided medical, household, and attendant care

services to plaintiff,

(ii) all provider bills or outstanding balances for which the plaintiff seeks

reimbursement,

(iii) the name, address, and phone number of plaintiff’s employers, and

(iv) the additional disclosures under subrule (A)(3).

(3) Additional Disclosures by Claimants for Damages for Personal Injury. A party

claiming damages for injury arising from a mental or physical condition must provide

the other parties with executed medical record authorizations in the form approved by

the State Court Administrative Office or in a form agreed by the parties for all persons,

institutions, hospitals, and other custodians in actual possession of medical

information relating to the condition, unless the party asserts privilege pursuant to

MCR 2.314(B).

(4) Cases Exempt from Initial Disclosure. Unless otherwise stipulated or ordered, the

following are exempt from initial disclosure under subrule (A)(1)-(3):

(a) an appeal to the circuit court under subchapter 7.100;

(b) an action in district court (see MCR 2.301[A][2]);

(d) an action brought without an attorney by a person in the custody of the United

States, a state, or a state subdivision;

(e) an action to enforce or quash an administrative summons or a subpoena;

(f) a proceeding ancillary to a proceeding in another court, including an action for

a subpoena under MCR 2.305(E) or (F);

(g) an action to compel or stay arbitration or to confirm, vacate, enforce, modify,

or correct an arbitration award;

(h) an action for collection of penalties, fines, forfeitures, or forfeited

recognizances under MCR 3.605;

(i) personal protection proceedings under subchapter 3.700; and

(j) an action for habeas corpus under MCR 3.303 and 3.304.

(5) Time for Initial Disclosures.

(a) Application of Time Limits. These deadlines apply unless a stipulation or order

sets a different time.

(b) In General.

Chapter 2. Civil Procedure Page 82 Updated June 21, 2024

(i) A party that files a complaint, counterclaim, cross-claim, or third-party

complaint must serve its initial disclosures within 14 days after any opposing

party files an answer to that pleading.

(ii) A party answering a complaint, counterclaim, cross-claim, or third-party

complaint must serve its initial disclosures within the later of 14 days after the

opposing party’s disclosures are due or 28 days after the party files its answer.

(iii) A party serving disclosures need only serve parties that have appeared.

The party must serve later-appearing parties within 14 days of the appearance.

time for initial disclosures under subrule (A)(5)(a) or (b) must serve its initial

disclosures within 14 days after filing the party’s first pleading, unless a stipulation

or order sets a different time.

(6) Basis for Initial Disclosure; Unacceptable Excuses. A party must serve initial

disclosures based on the information then reasonably available to the party. However,

a party is not excused from making disclosures because the party has not fully

investigated the case or because the party challenges the sufficiency of another party’s

disclosures or because another party has not made its disclosures.

(7) Form of Disclosures. Disclosures under subrule (A) are subject to MCR 2.302(G),

must be in writing, signed, and served, and a proof of service must be promptly filed.

(B) Scope of Discovery.

(1) In General. Parties may obtain discovery regarding any non-privileged matter that

is relevant to any party’s claims or defenses and proportional to the needs of the case,

taking into account all pertinent factors, including whether the burden or expense of

the proposed discovery outweighs its likely benefit, the complexity of the case, the

importance of the issues at stake in the action, the amount in controversy, and the

parties’ resources and access to relevant information. Information within the scope of

discovery need not be admissible in evidence to be discoverable.

(2) Insurance Agreements. A party may obtain discovery of the existence and contents

of an insurance agreement under which a person carrying on an insurance business

may be liable to satisfy part or all of a judgment which may be entered in the action or

to indemnify or reimburse for payments made to satisfy the judgment. Information

concerning the insurance agreement is not by reason of disclosure admissible at trial.

For purposes of this subrule, an application for insurance is not part of an insurance

agreement.

(3) Trial Preparation; Materials.

(a) Subject to the provisions of subrule (B)(4), a party may obtain discovery of

documents and tangible things otherwise discoverable under subrule (B)(1) and

prepared in anticipation of litigation or for trial by or for another party or another

party's representative (including an attorney, consultant, surety, indemnitor,

insurer, or agent) only on a showing that the party seeking discovery has

substantial need of the materials in the preparation of the case and is unable

Chapter 2. Civil Procedure Page 83 Updated June 21, 2024

without undue hardship to obtain the substantial equivalent of the materials by

other means. In ordering discovery of such materials when the required showing

has been made, the court shall protect against disclosure of the mental impressions,

conclusions, opinions, or legal theories of an attorney or other representative of a

party concerning the litigation.

(b) Without the showing required by subrule (B)(3)(a), a party or a nonparty may

obtain a statement concerning the action or its subject matter previously made by

the person making the request. A nonparty whose request is refused may move for

a court order. The provisions of MCR 2.313(A)(5) apply to the award of expenses

incurred in relation to the motion.

(i) a written statement signed or otherwise adopted or approved by the person

making it; or

(ii) a stenographic, mechanical, electrical, or other recording, or a transcription

of it, which is a substantially verbatim recital of an oral statement by the person

making it and contemporaneously recorded.

(4) Trial Preparation; Experts. Discovery of facts known and opinions held by experts,

otherwise discoverable under the provisions of subrule (B)(1) and acquired or

developed in anticipation of litigation or for trial, may be obtained only as follows:

(a)(i) A party may through interrogatories require another party to identify each

person whom the other party expects to call as an expert witness at trial, to state the

subject matter about which the expert is expected to testify, and to state the

substance of the facts and opinions to which the expert is expected to testify and a

summary of the grounds for each opinion.

(ii) A party may take the deposition of a person whom the other party expects

to call as an expert witness at trial. The party taking the deposition may notice

that the deposition is to be taken for the purpose of discovery only and that it

shall not be admissible at trial except for the purpose of impeachment, without

the necessity of obtaining a protective order as set forth in MCR 2.302(C)(7).

(iii) On motion, the court may order further discovery by other means, subject

to such restrictions as to scope and such provisions (pursuant to subrule

[B][4][c]) concerning fees and expenses as the court deems appropriate.

(b) A party may not discover the identity of and facts known or opinions held by

an expert who has been retained or specially employed by another party in

anticipation of litigation or preparation for trial and who is not expected to be

called as a witness at trial, except

(i) as provided in MCR 2.311, or

(ii) where an order has been entered on a showing of exceptional

circumstances under which it is impracticable for the party seeking discovery

to obtain facts or opinions on the same subject by other means.

Chapter 2. Civil Procedure Page 84 Updated June 21, 2024

(i) the court shall require that the party seeking discovery under subrules

(B)(4)(a)(ii) or (iii) or (B)(4)(b) pay the expert a reasonable fee for time spent

in a deposition, but not including preparation time; and

(ii) with respect to discovery obtained under subrule (B)(4)(a)(ii) or (iii), the

court may require, and with respect to discovery obtained under subrule

(B)(4)(b) the court shall require, the party seeking discovery to pay the other

party a fair portion of the fees and expenses reasonably incurred by the latter

party in obtaining facts and opinions from the expert.

(d) A party may depose a witness that he or she expects to call as an expert at trial.

The deposition may be taken at any time before trial on reasonable notice to the

opposite party, and may be offered as evidence at trial as provided in MCR

2.308(A). The court need not adjourn the trial because of the unavailability of

expert witnesses or their depositions.

(e) Subrule (B)(3)(a) protects drafts of any interrogatory answer required under

subrule (B)(4)(a)(i), regardless of the form in which the draft is recorded.

(f) Subrule (B)(3)(a) protects communications between the party’s attorney and

any expert witness under subrule (B)(4), regardless of the form of the

communications, except to the extent that the communications:

(i) relate to compensation for the expert’s study or testimony;

(ii) identify facts or data that the party’s attorney provided and that the expert

considered in forming the opinions to be expressed; or

(iii) identify assumptions that the party’s attorney provided and that the expert

relied on in forming the opinions to be expressed.

(5) Duty to Preserve ESI. A party has the same obligation to preserve ESI as it does for

all other types of information.

(6) Limitation of Discovery of ESI. A party need not provide discovery of ESI from

sources that the party identifies as not reasonably accessible because of undue burden

or cost. On motion to compel discovery or for a protective order, the party from whom

discovery is sought must show that the information is not reasonably accessible

because of undue burden or cost. If that showing is made, the court may nonetheless

order discovery if the requesting party shows good cause, considering proportionality

under subrule (B)(1) and the limitations of subrule (C). The court may specify

conditions for the discovery, including allocation of the expense, and may limit the

frequency or extent of discovery of ESI (whether or not the ESI is from a source that is

reasonably accessible).

(7)Information Inadvertently Produced. If information that is subject to a claim of

privilege or of protection as trial-preparation material is produced in discovery, the

party making the claim may notify any party that received the information of the claim

and the basis for it. After being notified, a party must promptly return, sequester, or

destroy the specified information and any copies it has and may not use or disclose the

information until the claim is resolved. A receiving party may promptly present the

information to the court under seal for a determination of the claim. If the receiving

Chapter 2. Civil Procedure Page 85 Updated June 21, 2024

party disclosed the information before being notified, it must take reasonable steps to

retrieve it. The producing party must preserve the information until the claim is

resolved.

sought, and on reasonable notice and for good cause shown, the court in which the action

is pending may issue any order that justice requires to protect a party or person from

annoyance, embarrassment, oppression, or undue burden or expense, including one or

more of the following orders:

(1) that the discovery not be had;

(2) that the discovery may be had only on specified terms and conditions, including a

designation of the time or place;

(3) that the discovery may be had only by a method of discovery other than that

selected by the party seeking discovery;

(4) that certain matters not be inquired into, or that the scope of the discovery be

limited to certain matters;

(5) that discovery be conducted with no one present except persons designated by the

court;

(6) that a deposition, after being sealed, be opened only by order of the court;

(7) that a deposition shall be taken only for the purpose of discovery and shall not be

admissible in evidence except for the purpose of impeachment;

(8) that a trade secret or other confidential research, development, or commercial

information not be disclosed or be disclosed only in a designated way;

(9) that the parties simultaneously file specified documents or information enclosed in

sealed envelopes to be opened as directed by the court.

If the motion for a protective order is denied in whole or in part, the court may, on

terms and conditions as are just, order that a party or person provide or permit

discovery. The provisions of MCR 2.313(A)(5) apply to the award of expenses

incurred in relation to the motion.

(D) Sequence of Discovery. Unless the court orders otherwise, methods of discovery may

be used in any sequence, and the fact that a party is conducting discovery, whether by

deposition or otherwise, does not operate to delay another party's discovery.

(E) Supplementing Disclosures and Responses.

(1) Duty to Supplement.

(a) In General. A party that has made a disclosure under MCR 2.302(A)—or that

has responded to an interrogatory, request for production, or request for

admission—must supplement or correct its disclosure or response:

Chapter 2. Civil Procedure Page 86 Updated June 21, 2024

(i) in a timely manner if the party learns that in some material respect the

disclosure or response is incomplete or incorrect, and if the additional or

corrective information has not otherwise been made known to the other parties

during the discovery process or in writing or

(ii) as ordered by the court

(b) Order, Agreement, or Request. A duty to supplement disclosures or responses

may be imposed by order of the court, agreement of the parties, or at any time

before trial through requests for supplementation.

(2) Failure to Supplement. If the court finds, by way of motion or otherwise, that a

party has not supplemented disclosures or responses as required by this subrule the

court may enter an order as is just, including an order providing the sanctions stated in

MCR 2.313(B), and, in particular, MCR 2.313(B)(2)(b).

(F) Changes to Discovery Procedure. A court order or written and filed stipulation of the

affected parties may:

(1) provide that depositions may be taken before any person, at any time or place, on

any notice, and in any manner, and when so taken may be used like other depositions;

and

(2) change the disclosure requirements in MCR 2.302(A) and the limits on

interrogatories in MCR 2.309(A)(2); and

(3) modify or waive the other procedures of these rules regarding discovery so long as

not inconsistent with a court order, but a stipulation may not change scheduling order

deadlines without court approval.

(G) Signing of Disclosures, Discovery Requests, Responses, and Objections; Sanctions.

(1) In addition to any other signature required by these rules, every disclosure under

MCR 2.302(A), every request for discovery, and every response or objection to such a

request made by a party represented by an attorney shall be signed by at least one

attorney of record. A party who is not represented by an attorney must sign the

disclosure, request, response, or objection.

(2) If a disclosure, request, response, or objection is not signed, it shall be stricken

unless it is signed promptly after the omission is called to the attention of the party

making the disclosure, request, response, or objection, and another party need not take

any action with respect to it until it is signed.

(3) The signature of the attorney or party constitutes a certification that he or she has

read the disclosure, request, response, or objection, and that to the best of the signer’s

knowledge, information, and belief formed after a reasonable inquiry:

(a) the disclosure is

(i) complete and correct as of the time it is made; and

(ii) consistent with these rules and warranted by existing law or a good-faith

argument for the extension, modification, or reversal of existing law;

Chapter 2. Civil Procedure Page 87 Updated June 21, 2024

(b) the discovery request, response, or objection is:

(i) consistent with these rules and warranted by existing law or a good faith

argument for the extension, modification, or reversal of existing law;

(ii) not interposed for any improper purpose, such as to harass or to cause

unnecessary delay or needless increase in the cost of litigation; and

(iii) not unreasonable or unduly burdensome or expensive, given the needs of

the case, the discovery already had in the case, the amount in controversy, and

the importance of the issues at stake in the litigation.

(4) If a certification is made in violation of this rule, the court, on the motion of a party

or on its own initiative, may impose upon the person who made the certification, the

party on whose behalf the disclosure, request, response, or objection is made, or both,

an appropriate sanction, which may include an order to pay the amount of the

reasonable expenses incurred because of the violation, including reasonable attorney

fees.

(H) Filing and Service of Disclosure and Discovery Materials.

(1) Unless required by a particular rule, disclosures, requests, responses, depositions,

and other discovery materials may not be filed with the court except as follows:

(a) If the materials are to be used in connection with a motion, they must be

attached to the motion, response, or an accompanying affidavit.

(b) If the materials are to be used at trial, they shall not be filed with the court, but

must be submitted to the judge and made an exhibit under MCR 2.518 or MCR

3.930;

(2) Copies of disclosure and discovery materials served under these rules must be

served on all parties, unless the court has entered an order under MCR 2.107(F).

(3) On appeal, only disclosure and discovery materials that were filed or made exhibits

are part of the record on appeal.

(4) MCR 2.316 governs removal and destruction of disclosure and discovery

materials.

ULE 2.303 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

(A) Before Action.

(1) Petition. A person who desires to perpetuate his or her own testimony or that of

another person, for use as evidence and not for the purpose of discovery, regarding a

matter that may be cognizable in a Michigan court may file a verified petition in the

circuit court of the county of the residence of an expected adverse party. The petition

must be entitled in the name of the petitioner and must show:

Chapter 2. Civil Procedure Page 88 Updated June 21, 2024

(a) that the petitioner expects to be a party to an action cognizable in a Michigan

court but is presently unable to bring it or cause it to be brought and the reasons

why;

(b) the subject matter of the expected action and the petitioner's interest in it;

desiring to perpetuate it;

(d) the names or a description of the persons that the petitioner expects will be

adverse parties and their addresses so far as known; and

(e) the names and addresses of the persons to be examined and the substance of the

testimony that the petitioner expects to elicit from each.

The petition must ask for an order authorizing the petitioner to take the depositions

of the persons to be examined named in the petition for the purpose of perpetuating

their testimony.

(2) Notice and Service. The petitioner shall serve a notice on each person named in the

petition as an expected adverse party, together with a copy of the petition, stating that

the petitioner will apply to the court, at a specified time and place, for the order

described in the petition. At least 21 days before the date of hearing, the notice must be

served in the manner provided in MCR 2.105 for service of summons. If service

cannot be made on an expected adverse party with due diligence, the court may issue

an order as is just for service by publication or otherwise, and shall appoint, for

persons not served in the manner provided in MCR 2.105, an attorney to represent

them, and to cross-examine the deponent. If an expected adverse party is a minor or an

incompetent person, the law relating to minors and incompetents, including MCR

2.201(E), applies.

(3) Order and Examination. If the court is satisfied that the perpetuation of the

testimony may prevent a failure or delay of justice, it shall issue an order designating

or describing the persons whose depositions may be taken and specifying the subject

matter of the examination and whether the depositions are to be taken on oral

examination or written interrogatories. The depositions may then be taken in

accordance with these rules. In addition the court may issue orders of the character

provided for by MCR 2.310 and 2.311.

(4) Use of Deposition.

(a) If a deposition to perpetuate testimony is taken under these rules, it may be

used in an action involving the same subject matter subsequently brought in a

Michigan court, in accordance with MCR 2.308.

(b) If a deposition to perpetuate testimony has been taken under the Federal Rules

of Civil Procedure, or the rules of another state, the court may, if it finds that the

deposition was taken in substantial compliance with these rules, allow the

deposition to be used as if it had been taken under these rules.

(B) Pending Appeal. If an appeal has been taken from a judgment of a trial court, or before

the taking of an appeal if the time for appeal has not expired, the court in which the

Chapter 2. Civil Procedure Page 89 Updated June 21, 2024

judgment was rendered may allow the taking of the depositions of witnesses to perpetuate

their testimony for use if there are further proceedings in that court. The party who wishes

to perpetuate the testimony may move for leave to take the depositions, with the same

notice and service of the motion as if the action were then pending in the trial court. The

motion must show

(1) the names and addresses of the persons to be examined and the substance of the

testimony that the party expects to elicit from each; and

(2) the reasons for perpetuating their testimony.

If the court finds that the perpetuation of testimony is proper to avoid a failure or delay

of justice, it may issue an order allowing the depositions to be taken and may issue

orders of the character provided for by MCR 2.310 and 2.311. The depositions may

then be taken and used in the same manner and under the same conditions prescribed

in these rules for depositions taken in actions pending before the court.

ULE 2.304 PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

(A) Within the United States. Within the United States or within a territory or insular

possession subject to the dominion of the United States, depositions may be taken

(1) before a person authorized to administer oaths by the laws of Michigan, the United

States, or the place where the examination is held;

(2) before a person appointed by the court in which the action is pending; or

(3) before a person on whom the parties agree by stipulation under MCR 2.302(F)(1).

A person acting under subrule (A)(2) or (3) has the power to administer oaths, take

testimony, and do all other acts necessary to take a deposition.

(B) In Foreign Countries. In a foreign country, depositions may be taken

(1) on notice before a person authorized to administer oaths in the place in which the

examination is held, by either the law of that place or of the United States; or

(2) before a person commissioned by the court, and a person so commissioned has the

power by virtue of the commission to administer a necessary oath and take testimony;

(3) pursuant to a letter rogatory.

A commission or a letter rogatory may be issued on motion and notice and on terms

that are just and appropriate. It is not requisite to the issuance of a commission or a

letter rogatory that the taking of the deposition in another manner is impracticable or

inconvenient; both a commission and a letter rogatory may be issued in a proper case.

A notice or commission may designate the person before whom the deposition is to be

taken either by name or descriptive title. A letter rogatory may be addressed “To the

Appropriate Authority in [name of country].” Evidence obtained in response to a letter

rogatory need not be excluded merely because it is not a verbatim transcript or the

Chapter 2. Civil Procedure Page 90 Updated June 21, 2024

testimony was not taken under oath, or because of a similar departure from the

requirements for depositions taken within the United States under these rules.

writing or on the record, a deposition may not be taken before a person who is

(1) a relative or employee of or an attorney for a party,

(2) a relative or employee of an attorney for a party, or

(3) financially interested in the action.

ULE 2.305 DISCOVERY SUBPOENA TO A NON-PARTY

(A) General Provisions.

(1) A represented party may issue a subpoena to a non-party for a deposition,

production or inspection of documents, inspection of tangible things, or entry to land

upon court order or after all parties have had a reasonable opportunity to obtain an

attorney, as determined under MCR 2.306(A). An unrepresented party may move the

court for issuance of non-party discovery subpoenas. MCR 2.306(B)(1)-(2) and (C)-

(G) apply to a subpoena under this rule. This rule governs discovery from a non-party

under MCR 2.303(A)(4), 2.307, 2.310(B)(2) or 2.315. MCR 2.506(A)(2) and (3) apply

to any request for production of ESI. A subpoena for hospital records is governed by

MCR 2.506(I).

(2) A subpoena may provide that it is solely for producing documents or other tangible

things for inspection and copying, and that the party does not intend to examine the

deponent. The subpoena shall specify whether an inspection is requested or whether

the subpoena may be satisfied by delivering a copy of the requested documents. Any

request for documents shall indicate that the subpoenaing party will pay reasonable

copying costs.

(3) A subpoena shall provide a minimum of 14 days after service of the subpoena (or a

shorter time if the court directs) for the requested act. The subpoenaing party may file

a motion to compel compliance with the subpoena under MCR 2.313(A). The motion

must include a copy of the request and proof of service of the subpoena. The movant

must serve the motion on the non-party as provided in MCR 2.105.

(4) A subpoena issued under this rule is subject to the provisions of MCR 2.302(C),

and the court in which the action is pending or in which the subpoena is served, on

timely motion made by a party or the subpoenaed non-party before the time specified

in the subpoena for compliance, may:

(a) quash or modify the subpoena if it is unreasonable or oppressive;

(b) enter an order permitted by MCR 2.302(C); or

subpoena is issued of the reasonable cost of producing documents or other tangible

things.

Chapter 2. Civil Procedure Page 91 Updated June 21, 2024

The non-party’s obligation to respond to the subpoena is stayed until the motion is

resolved.

(5) Service of a subpoena on the deponent must be made as provided in MCR

2.506(G). A copy of the subpoena must be served on all other parties on the date of

issuance.

(6) In a subpoena for a non-party deposition, a party may name as the deponent a

public or private corporation, partnership, association, or governmental agency and

describe with reasonable particularity the matters on which examination is requested.

The subpoena shall be served at least 14 days prior to the scheduled deposition. No

later than 10 days after being served with the subpoena, the subpoenaed entity may

serve objections, or file a motion for protective order, upon which the party seeking

discovery may either proceed on topics as to which there was no objection or move to

enforce the subpoena. The organization named must designate one or more officers,

directors, managing agents, or other persons, who consent to testify on its behalf, and

may set forth, for each person designated, the matters on which the person will testify.

The deposition of each produced witness may not exceed one day of seven hours. The

persons designated shall testify to matters known or reasonably available to the

organization.

(7) Upon written request from another party and payment of reasonable copying costs,

the subpoenaing party shall provide copies of documents received pursuant to a

subpoena.

(B) Place of Compliance. Except for a subpoena for delivery of copies of documents only

under subrule (A)(2), a non-party served with a subpoena in Michigan may be required to

comply with the subpoena only in the county where the deponent resides, is employed, has

its principal place of business or transacts relevant business; or at the location of the things

to be inspected or land to be entered; or at another convenient place specified by order of

the court.

territory, or country, the subpoenaing party may petition a court of that state, territory, or

country for a subpoena or equivalent process.

(D) Action Pending in Another Country. An officer or a person authorized by the laws of

another country to issue a subpoena in Michigan, with or without a commission, in an

action pending in a court of that country may submit an application to a court of record in

the county in which the subpoenaed person resides, is employed, has its principal place of

business, transacts relevant business, or is found, for a subpoena. The court may hear and

act on the application with or without notice, as the court directs.

(E) Action Pending in Another State or Territory. A person may request issuance of a

subpoena in this state for an action pending in another state or territory under the Uniform

Interstate Depositions and Discovery Act, MCL 600.2201 et seq., to require a person to

attend a deposition, to produce and permit inspection and copying of materials, or to

permit inspection of premises under the control of the person.

Chapter 2. Civil Procedure Page 92 Updated June 21, 2024

(F) Notwithstanding any other provision of this rule, a subpoena issued under this rule

may require a party or witness to appear by telephone or by videoconferencing

technology. Telephonic proceedings are subject to the provisions of MCR 2.402, and

videoconference proceedings are subject to the provisions of MCR 2.407.

ULE 2.306 DEPOSITIONS ON ORAL EXAMINATION OF A PARTY

(A) When Depositions May Be Taken; Limits.

(1) Subject to MCR 2.301(A) and these rules, after commencement of the action, a

party may take the testimony of a party by deposition on oral examination. Leave of

court, granted with or without notice, must be obtained if the plaintiff seeks to take a

deposition before the defendant has had a reasonable time to obtain an attorney. A

reasonable time is deemed to have elapsed if:

(a) the defendant has filed an answer;

(b) the defendant's attorney has filed an appearance;

action seeking discovery;

(d) the defendant has filed a motion under MCR 2.116; or

(e) 28 days have expired after service of the summons and complaint on a

defendant or after service made under MCR 2.106.

(2) The deposition of a person confined in prison or of a patient in a state home,

institution, or hospital for the mentally ill or mentally handicapped, or any other state

hospital, home, or institution, may be taken only by leave of court on terms as the

court provides.

(3) A deposition may not exceed one day of seven hours.

(B) Notice of Examination; Production of Documents and Things.

(1) A party desiring to take the deposition of a party on oral examination must give

reasonable notice in writing to every other party to the action. The notice must state

(a) the time and place for taking the deposition, and

(b) the name and address of each person to be examined, if known, or, if the name

is not known, a general description sufficient to identify the person or the

particular class or group to which the person belongs.

(2) The notice may be accompanied by a request for the production of documents and

tangible things at the taking of the deposition. MCR 2.310 applies to the request.

(3) In a notice, a party may name as the deponent a public or private corporation,

partnership, association, or governmental agency and describe with reasonable

particularity the matters on which examination is requested. The notice shall be served

at least 14 days prior to the scheduled deposition. No later than 10 days after being

Chapter 2. Civil Procedure Page 93 Updated June 21, 2024

served with the notice, the noticed entity may serve objections or file a motion for

protective order, upon which the party seeking discovery may either proceed on topics

as to which there was no objection or motion, or move to enforce the notice. The

organization named must designate one or more officers, directors, or managing

agents, or other persons, who consent to testify on its behalf, and may set forth, for

each person designated, the matters on which the person will testify. The deposition of

each produced witness may not exceed one day of seven hours. The persons

designated shall testify to matters known or reasonably available to the organization.

This subrule does not preclude taking a deposition by another procedure authorized in

these rules.

Objections; Communicating with Deponent.

(1) Examination of Deponent

(a) The person before whom the deposition is to be taken must put the witness on

oath.

(b) Examination and cross-examination of the witness shall proceed as permitted

at a trial under the Michigan Rules of Evidence.

questions to the person conducting the examination, who shall propound them to

the witness and record the witness's answers.

(2) Recording of Deposition. The person before whom the deposition is taken shall

personally, or by someone acting under his or her direction and in his or her presence,

record the testimony of the witness.

(a) The testimony must be taken stenographically or recorded by other means in

accordance with this subrule. The testimony need not be transcribed unless

requested by one of the parties.

(b) While the testimony is being taken, a party, as a matter of right, may also make

a record of it by nonsecret mechanical or electronic means, except that video

recording is governed by MCR 2.315. Any use of the recording in court is within

the discretion of the court. A person making such a record must furnish a duplicate

of the record to another party at the request and expensed of the other party.

(3) Recording by Nonstenographic Means. The court may order, or the parties may

stipulate, that the testimony at a deposition be recorded by other than stenographic

means.

(a) The order or stipulation must designate the manner of recording and preserving

the deposition, and may include other provisions to assure that the recorded

testimony will be accurate and trustworthy. A deposition in the form of a recording

may be filed with the court as are other depositions.

(b) If a deposition is taken by other than stenographic means on order of the court,

a party may nevertheless arrange to have a stenographic transcription made at that

party's own expense.

Chapter 2. Civil Procedure Page 94 Updated June 21, 2024

court it must be transcribed unless the court enters an order waiving transcription.

The costs of transcription are borne by the parties as determined by the court.

(d) Subrule (C)(3) does not apply to video depositions, which are governed by

MCR 2.315.

(4) Objections During Deposition.

(a) All objections made at the deposition, including objections to

(i) the qualifications of the person taking the deposition,

(ii) the manner of taking it,

(iii) the evidence presented, or

(iv) the conduct of a party, must be noted on the record by the person before

whom the deposition is taken. Subject to limitation imposed by an order under

MCR 2.302(C) or subrule (D) of this rule, evidence objected to on grounds

other than privilege shall be taken subject to the objections.

(b) An objection during a deposition must be stated concisely in a civil and

nonsuggestive manner.

(i) objections that would be waived under MCR 2.308(C)(2) or (3), and

(ii) those necessary to preserve a privilege or other legal protection or to

enforce a limitation ordered by the court.

(5) Communicating with Deponent.

(a) A person may instruct a deponent not to answer only when necessary to

preserve a privilege or other legal protection, to enforce a limitation ordered by the

court, or to present a motion under MCR 2.306(D)(1).

(b) A deponent may not communicate with another person while a question is

pending, except to decide whether to assert a privilege or other legal protection.

conducted by text message, email or other transmission using an electronic device.

(D) Motion to Terminate or Limit Examination; Sanctions; Asserting Privilege.

(1) Motion. At any time during the taking of the deposition, on motion of a party or of

the deponent and on a showing that the examination is being conducted in bad faith or

in a manner unreasonably to annoy, embarrass, or oppress the deponent or party, or

that the matter inquired about is privileged, a court in which the action is pending or

the court in the county or district where the deposition is being taken may order the

person conducting the examination to cease taking the deposition, or may limit the

scope and manner of the taking of the deposition as provided in MCR 2.302(C). If the

order entered terminates the examination, it may resume only on order of the court in

which the action is pending.

Chapter 2. Civil Procedure Page 95 Updated June 21, 2024

(2) Sanctions. On motion, the court may impose an appropriate sanction- including the

reasonable expenses and attorney fees incurred by any party- on a person who

impedes, delays, or frustrates the fair examination of the deponent or otherwise

violates this rule.

(3) Suspending Deposition. On demand of the objecting party or deponent, the taking

of the deposition must be suspended for the time necessary to move for an order. MCR

2.313(A)(5) applies to the award of expenses incurred in relation to the motion.

(4) Raising Privilege before Deposition. If a party knows before the time scheduled for

the taking of a deposition that he or she will assert that the matter to be inquired about

is privileged, the party must move to prevent the taking of the deposition before its

occurrence or be subject to costs under subrule (G).

(5) Failure to Assert Privilege. A party who has a privilege regarding part or all of the

testimony of a deponent must either assert the privilege at the deposition or lose the

privilege as to that testimony for purposes of the action. A party who claims a

privilege at a deposition may not at the trial offer the testimony of the deponent

pertaining to the evidence objected to at the deposition. A party who asserts a privilege

regarding medical information is subject to the provisions of MCR 2.314(B).

(E) Exhibits. Documents and things produced for inspection during the examination of the

witness must, on the request of a party, be marked for identification and annexed to the

deposition, if practicable, and may be inspected and copied by a party, except as follows:

(1) The person producing the materials may substitute copies to be marked for

identification, if he or she affords to all parties fair opportunity to verify the copies by

comparison with the originals.

(2) If the person producing the materials requests their return, the person conducting

the examination or the stenographer must mark them, give each party an opportunity

to inspect and copy them, and return them to the person producing them, and the

materials may then be used in the same manner as if annexed to the deposition. A party

may move for an order that the original be annexed to and filed with the deposition,

pending final disposition of the action.

(F) Certification and Transcription; Filing; Copies.

(1) If transcription is requested by a party, the person conducting the examination or

the stenographer must certify on the deposition that the witness was duly sworn and

that the deposition is a true record of the testimony given by the witness. A deposition

transcribed and certified in accordance with subrule (F) need not be submitted to the

witness for examination and signature.

(2) On payment of reasonable charges, the person conducting the examination shall

furnish a copy of the deposition to a party or to the deponent. Where transcription is

requested by a party other than the party requesting the deposition, the court may

order, or the parties may stipulate, that the expense of transcription or a portion of it be

paid by the party making the request.

Chapter 2. Civil Procedure Page 96 Updated June 21, 2024

(3) Except as provided in subrule (C)(3) or in MCR 2.315(E), a deposition may not be

filed with the court unless it has first been transcribed. If a party requests that the

transcript be filed, the person conducting the examination or the stenographer shall

promptly file the certified transcript with the court in which the action is pending via

the statewide electronic-filing system, by delivering it personally to the court, or by

registered or certified mail to the clerk of the court and shall give prompt notice of its

filing to all other parties, unless the parties agree otherwise by stipulation in writing or

on the record.

If the transcript is personally delivered to the court, it must be securely sealed in an

envelope endorsed with the title and file number of the action and marked “Deposition

of [name of witness].”

(G) Failure to Attend or to Serve Subpoena; Expenses.

(1) If the party giving the notice of the taking of a deposition fails to attend and

proceed with the deposition and another party attends in person or by attorney

pursuant to the notice, the court may order the party giving the notice to pay to the

other party the reasonable expenses incurred in attending, including reasonable

attorney fees.

(2) If the party giving the notice of the taking of a deposition of a witness fails to serve

a subpoena on the witness, and the witness because of the failure does not attend, and

if another party attends in person or by attorney because he or she expects the

deposition of that witness to be taken, the court may order the party giving the notice

to pay to the other party the reasonable expenses incurred in attending, including

reasonable attorney fees.

ULE 2.307 DEPOSITIONS ON WRITTEN QUESTIONS

(A) Serving Questions; Notice.

(1) Under the same circumstances and under the same limitations as set out in MCR

2.305(A) and MCR 2.306(A), a party may take the testimony of a person, including a

party, by deposition on written questions. The attendance of non-party witnesses may

be compelled by the use of a subpoena as provided in MCR 2.305. A deposition on

written questions may be taken of a public or private corporation or partnership or

association or governmental agency in accordance with the provisions of MCR

2.305(A)(6) or 2.306(B)(3).

(2) A party desiring to take a deposition on written questions shall serve them on every

other party with a notice stating

(a) the name and address of the person who is to answer them, if known, and, if the

name is not known, a general description sufficient to identify the person or the

particular class or group to which the person belongs; and

(b) the name or descriptive title and address of the person before whom the

deposition is to be taken.

Chapter 2. Civil Procedure Page 97 Updated June 21, 2024

(3) Within 14 days after the notice and written questions are served, a party may serve

cross-questions on all other parties. Within 7 days after being served with cross-

questions, a party may serve redirect questions on all other parties. Within 7 days after

being served with redirect questions, a party may serve recross-questions on all other

parties. The parties, by stipulation in writing, or the court, for cause shown, may

extend or shorten the time requirements.

(B) Taking of Responses and Preparation of Record. A copy of the notice, any stipulation,

and copies of all questions served must be delivered by the party who proposed the

deposition to the person before whom the deposition will be taken as stated in the notice.

The person before whom the deposition is to be taken must proceed promptly to take the

testimony of the witness in response to the questions, and, if requested, to transcribe,

certify, and file the deposition in the manner provided by MCR 2.306(C), (E), and (F),

attaching the copy of the notice, the questions, and any stipulations of the parties.

ULE 2.308 USE OF DEPOSITIONS IN COURT PROCEEDINGS

(A) In General.

Depositions or parts thereof shall be admissible at trial or on the hearing of a motion or in

an interlocutory proceeding only as provided in the Michigan Rules of Evidence.

(B) Objections to Admissibility. Subject to the provisions of subrule (C) and MCR

2.306(C)(4), objection may be made at the trial or hearing to receiving in evidence a

deposition or part of a deposition for any reason that would require the exclusion of the

evidence.

(1) Notice. Errors or irregularities in the notice for taking a deposition are waived

unless written objection is promptly served on the party giving notice.

(2) Disqualification of Person Before Whom Taken. Objection to taking a deposition

because of disqualification of the person before whom it is to be taken is waived

unless made before the taking of the deposition begins or as soon thereafter as the

disqualification becomes known or could be discovered with reasonable diligence.

(3) Taking of Deposition.

(a) Objections to the competency of a witness or to the competency, relevancy, or

materiality of testimony are not waived by failure to make them before or during

the taking of a deposition, unless the ground of the objection is one which might

have been obviated or removed if presented at that time.

(b) Errors and irregularities occurring at the deposition in the manner of taking the

deposition, in the form of the questions or answers, in the oath or affirmation, or in

the conduct of parties and errors of any other kind which might be cured if

promptly presented, are waived unless seasonable objection is made at the taking

of the deposition.

Chapter 2. Civil Procedure Page 98 Updated June 21, 2024

waived unless served in writing on the party propounding them within the time

allowed for serving the succeeding cross-questions or other questions and within 7

days after service of the last questions authorized.

(d) On motion and notice a party may request a ruling by the court on an objection

in advance of the trial.

(4) Certification, Transcription, and Filing of Deposition. Errors and irregularities in

the manner in which the testimony is transcribed or the deposition is prepared, signed,

certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the person

before whom it was taken are waived unless a motion objecting to the deposition is

filed within a reasonable time.

(5) Harmless Error. None of the foregoing errors or irregularities, even when not

waived, or any others, preclude or restrict the use of the deposition, except insofar as

the court finds that the errors substantially destroy the value of the deposition as

evidence or render its use unfair or prejudicial.

ULE 2.309 INTERROGATORIES TO PARTIES

(A) Availability; Procedure for Service; Limits.

(1) A party may serve on another party written interrogatories to be answered by the

party served or, if the party served is a public or private corporation, partnership,

association, or governmental agency, by an officer or agent. Subject to MCR 2.302(B),

interrogatories may, without leave of court, be served:

(a) on the plaintiff after commencement of the action or

(b) on a defendant with or after the service of the summons and complaint on that

defendant.

(2) Each separately represented party may serve no more than twenty interrogatories

upon each party. A discrete subpart of an interrogatory counts as a separate

interrogatory.

(B) Answers and Objections.

(1) Each interrogatory must be answered separately and fully in writing under oath.

The answers must include such information as is available to the party served or that

the party could obtain from his or her employees, agents, representatives, sureties, or

indemnitors. If the answering party objects to an interrogatory, the reasons for the

objection must be stated in lieu of an answer.

(2) The answering party shall repeat each interrogatory or subquestion immediately

before the answer to it.

(3) The answers must be signed by the person making them and the objections signed

by the attorney or an unrepresented party making them.

Chapter 2. Civil Procedure Page 99 Updated June 21, 2024

(4) The party on whom the interrogatories are served must serve the answers and

objections, if any, on all other parties within 28 days after the interrogatories are

served, except that a defendant may serve answers within 42 days after being served

with the summons and complaint. The court may allow a longer or shorter time and,

for good cause shown, may excuse service on parties other than the party who served

the interrogatories.

order under MCR 2.313(A) with respect to an objection to or other failure to answer an

interrogatory. If the motion is based on the failure to serve answers, proof of service of the

interrogatories must be filed with the motion. The motion must state that the movant has in

good faith conferred or attempted to confer with the party not making the disclosure in an

effort to secure the disclosure without court action.

(D) Scope; Use at Trial.

(1) An interrogatory may relate to matters that can be inquired into under MCR

2.302(B).

(2) An interrogatory otherwise proper is not necessarily objectionable merely because

an answer to the interrogatory involves an opinion or contention that relates to fact or

the application of law to fact, but the court may order that an interrogatory need not be

answered until after designated discovery has been completed or until a pretrial

conference or other later time.

(3) The answer to an interrogatory may be used to the extent permitted by the rules of

evidence.

(E) Option to Produce Business Records. Where the answer to an interrogatory may be

derived from

(1) the business records of the party on whom the interrogatory has been served,

(2) an examination, audit, or inspection of business records, or

(3) a compilation, abstract, or summary based on such records, and the burden of

deriving the answer is substantially the same for the party serving the interrogatory as

for the party served, it is a sufficient answer to the interrogatory to specify the records

from which the answer may be derived and to afford to the party serving the

interrogatory reasonable opportunity to examine, audit, or inspect the records and to

make copies, compilations, abstracts, or summaries. A specification shall be in

sufficient detail to permit the interrogating party to identify, as readily as can the party

served, the records from which the answer may be derived.

ULE 2.310 REQUESTS FOR PRODUCTION OF DOCUMENTS AND OTHER THINGS; ENTRY ON LAND

FOR INSPECTION AND OTHER PURPOSES

(A) Definitions. For the purpose of this subchapter,

Chapter 2. Civil Procedure Page 100 Updated June 21, 2024

(1) “Documents” includes writings, drawings, graphs, charts, photographs, sound

recordings, images, and other data or data compilations stored in any medium,

including ESI.

(2) “ESI” means electronically stored information, regardless of format, system, or

properties.

(3) “Entry on land” means entry upon designated land or other property in the

possession or control of the person on whom the request is served for the purpose of

inspecting, measuring, surveying, photographing, testing, or sampling the property or

a designated object or operation on the property, within the scope of MCR 2.302(B).

(B) Scope.

(1) A party may serve on another party a request

(a) to produce and permit the requesting party, or someone acting for that party,

(i) to inspect and copy designated documents or

(ii) to inspect and copy, test, or sample other tangible things that constitute or

contain matters within the scope of MCR 2.302(B) and that are in the

possession, custody, or control of the party on whom the request is served; or

(b) to permit entry on land.

(2) A party may serve on a nonparty a request

(a) to produce and permit the requesting party or someone acting for that party to

inspect and test or sample tangible things that constitute or contain matters within

the scope of MCR 2.302(B) and that are in the possession, custody, or control of

the person on whom the request is served; or

(b) to permit entry on land.

(1) The request may, without leave of court, be served on the plaintiff after

commencement of the action and on the defendant with or after the service of the

summons and complaint on that defendant. The request must list the items to be

inspected, either by individual item or by category, and describe each item and

category with reasonable particularity. The request must specify a reasonable time,

place, and manner of making the inspection and performing the related acts, as well as

the form or forms in which electronically stored information is to be produced, subject

to objection.

(2) The party on whom the request is served must serve a written response within 28

days after service of the request, except that a defendant may serve a response within

42 days after being served with the summons and complaint. The court may allow a

longer or shorter time. With respect to each item or category, the response must state

that inspection and related activities will be permitted as requested or that the request

Chapter 2. Civil Procedure Page 101 Updated June 21, 2024

is objected to, in which event the reasons for objection must be stated. If objection is

made to part of an item or category, the part must be specified. If the request does not

specify the form or forms in which electronically stored information is to be produced,

the party responding to the request must produce the information in a form or forms in

which the party ordinarily maintains it, or in a form or forms that is or are reasonably

usable. A party producing electronically stored information need only produce the

same information in one form.

(3) The party submitting the request may move for an order under MCR 2.313(A) with

respect to an objection to or a failure to respond to the request or a part of it, or failure

to permit inspection as requested. If the motion is based on a failure to respond to a

request, proof of service of the request must be filed with the motion. The motion must

state that the movant has in good faith conferred or attempted to confer with the party

not making the disclosure in an effort to secure the disclosure without court action.

(4) The party to whom the request is submitted may seek a protective order under

MCR 2.302(C).

(5) A party who produces documents for inspection shall produce them as they are

kept in the usual course of business or shall organize and label them to correspond

with the categories in the request.

(6) Unless otherwise ordered by the court for good cause, the party producing items

for inspection shall bear the cost of assembling them and the party requesting the items

shall bear any copying costs.

ULE 2.311 PHYSICAL AND MENTAL EXAMINATION OF PERSONS

(A) Order for Examination. When the mental or physical condition (including the blood

group) of a party, or of a person in the custody or under the legal control of a party, is in

controversy, the court in which the action is pending may order the party to submit to a

physical or mental or blood examination by a physician (or other appropriate professional)

or to produce for examination the person in the party’s custody or legal control. The order

may be entered only on motion for good cause with notice to the person to be examined

and to all parties. The order must specify the time, place, manner, conditions, and scope of

the examination and the person or persons by whom it is to be made. Upon request of a

party, the order may also provide that

(1) the attorney for the person to be examined may be present at the examination, or

(2) a mental examination be recorded by video or audio.

(B) If the court orders that a mental examination be recorded, the recording must

(1) be unobtrusive,

(2) capture the examinee's and the examiner's conduct throughout the examination,

and

(3) be filed under seal.

Chapter 2. Civil Procedure Page 102 Updated June 21, 2024

(1) If requested by the party against whom an order is entered under subrule (A) or by

the person examined, the party causing the examination to be made must deliver to the

requesting person a copy of a detailed written report of the examining physician

setting out the findings, including results of all tests made, diagnosis, and conclusions,

together with like reports on all earlier examinations of the same condition, and must

make available for inspection and examination x-rays, cardiograms, and other

diagnostic aids.

(2) After delivery of the report, the party causing the examination to be made is

entitled on request to receive from the party against whom the order is made a similar

report of any examination previously or thereafter made of the same condition, and to

a similar inspection of all diagnostic aids unless, in the case of a report on the

examination of a nonparty, the party shows that he or she is unable to obtain it.

(3) If either party or a person examined refuses to deliver a report, the court on motion

and notice may enter an order requiring delivery on terms as are just, and if a physician

refuses or fails to comply with this rule, the court may order the physician to appear

for a discovery deposition.

(4) By requesting and obtaining a report on the examination ordered under this rule, or

by taking the deposition of the examiner, the person examined waives any privilege he

or she may have in that action, or another action involving the same controversy,

regarding the testimony of every other person who has examined or may thereafter

examine the person as to the same mental or physical condition.

(5) Subrule (B) applies to examinations made by agreement of the parties, unless the

agreement expressly provides otherwise.

(6) Subrule (B) does not preclude discovery of a report of an examining physician or

the taking of a deposition of the physician under any other rule.

ULE 2.312 REQUEST FOR ADMISSION

(A) Availability; Scope. Within the time for completion of discovery, a party may serve

on another party a written request for the admission of the truth of a matter within the

scope of MCR 2.302(B) stated in the request that relates to statements or opinions of fact

or the application of law to fact, including the genuineness of documents described in the

request. Copies of the documents must be served with the request unless they have been or

are otherwise furnished or made available for inspection and copying. The request must

clearly identify in the caption and before each request that it is a Request for Admission.

Each matter of which an admission is requested must be stated separately.

(B) Answer; Objection.

(1) Each matter as to which a request is made is deemed admitted unless, within 28

days after service of the request, or within a shorter or longer time as the court may

allow, the party to whom the request is directed serves on the party requesting the

admission a written answer or objection addressed to the matter. Unless the court

Chapter 2. Civil Procedure Page 103 Updated June 21, 2024

orders a shorter time a defendant may serve an answer or objection within 42 days

after being served with the summons and complaint.

(2) The answer must specifically deny the matter or state in detail the reasons why the

answering party cannot truthfully admit or deny it. A denial must fairly meet the

substance of the request, and when good faith requires that a party qualify an answer

or deny only part of the matter of which an admission is requested, the party must

specify the parts that are admitted and denied.

(3) An answering party may not give lack of information or knowledge as a reason for

failure to admit or deny unless the party states that he or she has made reasonable

inquiry and that the information known or readily obtainable is insufficient to enable

the party to admit or deny.

(4) If an objection is made, the reasons must be stated. A party who considers that a

matter of which an admission has been requested presents a genuine issue for trial may

not, on that ground alone, object to the request. The party may, subject to the

provisions of MCR 2.313(C), deny the matter or state reasons why he or she cannot

admit or deny it.

may move to determine the sufficiency of the answer or objection. The motion must state

that the movant has in good faith conferred or attempted to confer with the party not

making the disclosure in an effort to secure the disclosure without court action. Unless the

court determines that an objection is justified, it shall order that an answer be served. If the

court determines that an answer does not comply with the requirements of the rule, it may

order either that the matter is admitted, or that an amended answer be served. The court

may, in lieu of one of these orders, determine that final disposition of the request be made

at a pretrial conference or at a designated time before trial. The provisions of MCR

2.313(A)(5) apply to the award of expenses incurred in relation to the motion.

(D) Effect of Admission.

(1) A matter admitted under this rule is conclusively established unless the court on

motion permits withdrawal or amendment of an admission. For good cause the court

may allow a party to amend or withdraw an admission. The court may condition

amendment or withdrawal of the admission on terms that are just.

(2) An admission made by a party under this rule is for the purpose of the pending

action only and is not an admission for another purpose, nor may it be used against the

party in another proceeding.

(E) Public Records.

(1) A party intending to use as evidence

(a) a record that a public official is required by federal, state, or municipal

authority to receive for filing or recording or is given custody of by law, or

(b) a memorial of a public official, may prepare a copy, synopsis, or abstract of the

record, insofar as it is to be used, and serve it on the adverse party sufficiently in

Chapter 2. Civil Procedure Page 104 Updated June 21, 2024

advance of trial to allow the adverse party a reasonable opportunity to determine

its accuracy.

(2) The copy, synopsis, or abstract is then admissible in evidence as admitted facts in

the action, if otherwise admissible, except insofar as its inaccuracy is pointed out by

the adverse party in an affidavit filed and served within a reasonable time before trial.

(F) Filing With Court. Requests and responses under this rule must be filed with the court

either before service or within a reasonable time thereafter.

ULE 2.313 FAILURE TO SERVE DISCLOSURE OR TO PROVIDE OR TO PERMIT DISCOVERY;

ANCTIONS

(A) Motion for Order Compelling Disclosure or Discovery. A party, on reasonable notice

to other parties and all persons affected, may apply for an order compelling disclosure or

discovery as follows:

(1) Appropriate Court. A motion for an order under this rule may be made to the court

in which the action is pending, or, as to a matter relating to a deposition in, or non-

party subpoena served outside of, the county where the action is pending, to a court in

that county.

(2) Motion.

(a) To Compel Disclosure. If a party fails to serve a disclosure required by MCR

2.302(A), another party may move to compel disclosure and for appropriate

sanctions.

(b) To Compel Discovery. If

(i) a deponent fails to answer a question propounded or submitted under MCR

2.306 or 2.307,

(ii) a corporation or other entity fails to make a designation under MCR

2.306(B)(3) or 2.307(A)(1),

(iii) a party fails to answer an interrogatory submitted under MCR 2.309(A) or

(B),

(iv) in response to a request for inspection submitted under MCR 2.310, a

person fails to respond that inspection will be permitted as requested, or

(v) if a party; an officer, director, or managing agent of a party; or a person

designated under MCR 2.306(B)(3) or 2.307(A)(1) to testify on behalf of a

party fails to appear before the person who is to take his or her deposition, after

being served with a proper notice,the party seeking discovery may move for an

order compelling compliance. When taking a deposition on oral examination,

the proponent of the question may complete or adjourn the examination before

applying for an order.

of a non-party discovery subpoena under MCR 2.305 fails to comply, the issuing

Chapter 2. Civil Procedure Page 105 Updated June 21, 2024

party may move to compel compliance. When taking a deposition on oral

examination, the proponent of the question may complete or adjourn the

examination before applying for an order. The motion must include a copy of the

subpoena and proof of service of the subpoena. The movant must serve the motion

on the person from whom discovery is sought as provided in MCR 2.105.

(3) Ruling; Protective Order. If the court denies the motion in whole or in part, it may

enter a protective order that it could have entered on motion made under MCR

2.302(C).

(4) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this

subrule an evasive or incomplete disclosure, answer, or response must be treated as a

failure to disclose, answer, or respond.

(5) Award of Expenses of Motion.

(a) If the motion is granted—or if the disclosure or requested discovery is provided

after the motion was filed—the court may, after opportunity for hearing, require

the party or deponent whose conduct necessitated the motion or the party or

attorney advising such conduct, or both, to pay to the moving party the reasonable

expenses incurred in making the motion, including attorney fees, unless the court

finds that the moving party filed the motion before attempting in good faith to

obtain the disclosure or discovery without court action, the opposition to the

motion was substantially justified, or other circumstances make an award unjust.

(b) If the motion is denied, the court may, after opportunity for hearing, require the

moving party or the attorney advising the motion, or both, to pay to the person who

opposed the motion the reasonable expenses incurred in opposing the motion,

including attorney fees, unless the court finds that the making of the motion was

substantially justified or that other circumstances make an award of expenses

unjust.

opportunity for hearing, apportion the reasonable expenses incurred in relation to

the motion among the parties and other persons in a just manner.

(6) Additional Sanctions. The court in which the action is pending may order such

sanctions as are just. Among others, it may take an action authorized under subrule

(B)(2)(a), (b), and (c).

(B) Failure to Comply With Order.

(1) Sanctions by Court Where Deposition Is Taken. If a deponent fails to be sworn or

to answer a question after being directed to do so by a court in the county or district in

which the deposition is being taken, the failure may be considered a contempt of that

court.

(2) Sanctions by Court in Which Action Is Pending. If a party or an officer, director, or

managing agent of a party, or a person designated under MCR 2.306(B)(5) or

2.307(A)(1) to testify on behalf of a party, fails to obey an order to provide or permit

discovery, including an order entered under subrule (A) of this rule or under MCR

Chapter 2. Civil Procedure Page 106 Updated June 21, 2024

2.311, the court in which the action is pending may order such sanctions as are just,

including, but not limited to the following:

(a) an order that the matters regarding which the order was entered or other

designated facts may be taken to be established for the purposes of the action in

accordance with the claim of the party obtaining the order;

(b) an order refusing to allow the disobedient party to support or oppose

designated claims or defenses, or prohibiting the party from introducing

designated matters into evidence;

until the order is obeyed, dismissing the action or proceeding or a part of it, or

rendering a judgment by default against the disobedient party;

(d) in lieu of or in addition to the foregoing orders, an order treating as a contempt

of court the failure to obey an order, except an order to submit to a physical or

mental examination;

(e) where a party has failed to comply with an order under MCR 2.311(A)

requiring the party to produce another for examination, such orders as are listed in

subrules (B)(2)(a), (b), and (c), unless the party failing to comply shows that he or

she is unable to produce such person for examination.

In lieu of or in addition to the foregoing orders, the court may require the party

failing to obey the order or the attorney advising the party, or both, to pay the

reasonable expenses, including attorney fees, caused by the failure, unless the

court finds that the failure was substantially justified or that other circumstances

make an award of expenses unjust.

(1) Failure to Disclose or Supplement. If a party fails to provide information or

identify a witness as required by MCR 2.302(A) or (E), the party is not allowed to use

that information or witness to supply evidence on a motion, at a hearing, or at a trial,

unless the failure was substantially justified or is harmless. In addition to or instead of

this sanction, the court, on motion and after giving an opportunity to be heard:

(a) may order payment of the reasonable expenses, including attorney fees, caused

by the failure;

(b) may inform the jury of the party’s failure; and

MCR 2.313(B)(2)(a)-(c).

(2) Failure to Admit. If a party denies the genuineness of a document, or the truth of a

matter as requested under MCR 2.312, and if the party requesting the admission later

proves the genuineness of the document or the truth of the matter, the requesting party

may move for an order requiring the other party to pay the expenses incurred in

making that proof, including attorney fees. The court shall enter the order unless it

finds that

Chapter 2. Civil Procedure Page 107 Updated June 21, 2024

(a) the request was held objectionable pursuant to MCR 2.312,

(b) the admission sought was of no substantial importance,

prevail on the matter, or

(d) there was other good reason for the failure to admit.

(D) Failure to preserve ESI. If ESI that should have been preserved in the anticipation or

conduct of litigation is lost because a party failed to take reasonable steps to preserve it,

and it cannot be restored or replaced through additional discovery, the court:

(1) upon finding prejudice to another party from loss of the information, may order

measures no greater than necessary to cure the prejudice or

(2) only upon finding that the party acted with the intent to deprive another party of the

information’s use in the litigation, may order appropriate remedies, including:

(a) a presumption that the lost information was unfavorable to the party;

(b) a jury instruction directing that the jury may or must presume the information

was unfavorable to the party; or

ULE 2.314 DISCOVERY OF MEDICAL INFORMATION CONCERNING PARTY

(A) Scope of Rule.

(1) When a mental or physical condition of a party is in controversy, medical

information about the condition is subject to discovery under these rules to the extent

that

(a) the information is otherwise discoverable under MCR 2.302(B), and

(b) the party does not assert that the information is subject to a valid privilege.

(2) Medical information subject to discovery includes, but is not limited to, medical

records in the possession or control of a physician, hospital, or other custodian, and

medical knowledge discoverable by deposition or interrogatories.

(3) For purposes of this rule, medical information about a mental or physical condition

of a party is within the control of the party, even if the information is not in the party's

immediate physical possession.

(B) Privilege; Assertion; Waiver; Effects.

(1) A party who has a valid privilege may assert the privilege and prevent discovery of

medical information relating to his or her mental or physical condition. The privilege

must be asserted in the party's disclosure under 2.302(A), in written response to a

request for production of documents under MCR 2.310, in answers to interrogatories

under MCR 2.309(B), before or during the taking of a deposition, or by moving for a

Chapter 2. Civil Procedure Page 108 Updated June 21, 2024

protective order under MCR 2.302(C). A privilege not timely asserted is waived in

that action, but is not waived for the purposes of any other action.

(2) Unless the court orders otherwise, if a party asserts that the medical information is

subject to a privilege and the assertion has the effect of preventing discovery of

medical information that must be disclosed or is otherwise discoverable under MCR

2.302(B), the party may not thereafter present or introduce any physical, documentary,

or testimonial evidence relating to the party's medical history or mental or physical

condition.

(1) A party who is served with a request for production of medical information under

MCR 2.310 must either:

(a) make the information available for inspection and copying as requested;

(b) assert that the information is privileged;

(d) furnish the requesting party with signed authorizations in the form approved by

the state court administrator sufficient in number to enable the requesting party to

obtain the information requested from persons, institutions, hospitals, and other

custodians in actual possession of the information requested.

(2) A party responding to a request for medical information as permitted by subrule

(C)(1)(d) must also inform the adverse party of the physical location of the

information requested.

(D) Release of Medical Information by Custodian.

(1) A physician, hospital, or other custodian of medical information (referred to in this

rule as the “custodian”) shall comply with a properly authorized request for the

medical information within 28 days after the receipt of the request, or, if at the time the

request is made the patient is hospitalized for the mental or physical condition for

which the medical information is sought, within 28 days after the patient's discharge or

release. The court may extend or shorten these time limits for good cause.

(2) In responding to a request for medical information under this rule, the custodian

will be deemed to have complied with the request if the custodian

(a) makes the information reasonably available for inspection and copying; or

(b) delivers to the requesting party the original information or a true and exact

copy of the original information accompanied by a sworn certificate in the form

approved by the state court administrator, signed by the custodian verifying that

the copy is a true and complete reproduction of the original information.

(3) If it is essential that an original document be examined when the authenticity of the

document, questions of interpretation of handwriting, or similar questions arise, the

custodian must permit reasonable inspection of the original document by the

requesting party and by experts retained to examine the information.

Chapter 2. Civil Procedure Page 109 Updated June 21, 2024

(4) If x-rays or other records incapable of reproduction are requested, the custodian

may inform the requesting party that these records exist, but have not been delivered

pursuant to subrule (D)(2). Delivery of the records may be conditioned on the

requesting party or the party's agent signing a receipt that includes a promise that the

records will be returned to the custodian after a reasonable time for inspection

purposes has elapsed.

(5) In complying with subrule (D)(2), the custodian is entitled to receive reasonable

reimbursement in advance for expenses of compliance.

(6) If a custodian does not respond within the time permitted by subrule (D)(1) to a

party's authorized request for medical information, a subpoena may be issued under

MCR 2.305(A)(1), directing that the custodian present the information for

examination and copying at the time and place stated in the subpoena.

(E) Persons Not Parties. Medical information concerning persons not parties to the action

is not discoverable under this rule.

ULE 2.315 VIDEO DEPOSITIONS

(A) When Permitted. Depositions authorized under MCR 2.303 and 2.306 may be taken

by means of simultaneous audio and visual electronic recording without leave of the court

or stipulation of the parties, provided the deposition is taken in accordance with this rule.

(B) Rules Governing. Except as provided in this rule, the taking of video depositions is

governed by the rules governing the taking of other depositions unless the nature of the

video deposition makes compliance impossible or unnecessary.

(1) A notice of the taking of a video deposition and a subpoena for attendance at the

deposition must state that the deposition is to be visually recorded.

(2) A video deposition must be timed by means of a digital clock or clocks capable of

displaying the hours, minutes, and seconds. The clock or clocks must be in the picture

at all times during the taking of the deposition.

(3) A video deposition must begin with a statement on camera of the date, time, and

place at which the recording is being made, the title of the action, and the

identification of the attorneys.

(4) The person being deposed must be sworn as a witness on camera by an authorized

person.

(5) More than one camera may be used, in sequence or simultaneously.

(6) The parties may make audio recordings while the video deposition is being taken.

(7) At the conclusion of the deposition a statement must be made on camera that the

deposition is completed.

Chapter 2. Civil Procedure Page 110 Updated June 21, 2024

(D) Custody of Tape and Copies.

(1) The person making the video recording must retain possession of it. The video

recording must be securely sealed and marked for identification purposes.

(2) The parties may purchase audio or audio-visual copies of the recording from the

operator.

(E) Filing; Notice of Filing. If a party requests that the deposition be filed, the person who

made the recording shall

(1) file the recording with the court under MCR 2.306(F)(3), together with an affidavit

identifying the recording, stating the total elapsed time, and attesting that no

alterations, additions, or deletions other than those ordered by the court have been

made;

(2) give the notice required by MCR 2.306(F)(3), and

(3) serve copies of the recording on all parties who have requested them under MCR

2.315(D)(2).

A video deposition cannot be electronically filed with the court.

(F) Use as Evidence; Objections.

(1) A video deposition may not be used in a court proceeding unless it has been filed

with the court.

(2) Except as modified by this rule, the use of video depositions in court proceedings is

governed by MCR 2.308.

(3) A party who seeks to use a video deposition at trial must provide the court with

either

(a) a transcript of the deposition, which shall be used for ruling on any objections,

(b) a stipulation by all parties that there are no objections to the deposition and that

the recording (or an agreed portion of it) may be played.

(4) When a video deposition is used in a court proceeding, the court must indicate on

the record what portions of the recording have been played. The court reporter or

recorder need not make a record of the statements in the recording.

(G) Custody of Video Deposition After Filing. After filing, a video deposition shall

remain in the custody of the court unless the court orders the recording stored elsewhere

for technical reasons or because of special storage problems. The order directing the

storage must direct the custodian to keep the recordings sealed until the further order of

the court. Video depositions filed with the court shall have the same status as other

depositions and documents filed with the court, and may be reproduced, preserved,

destroyed, or salvaged as directed by order of the court.

Chapter 2. Civil Procedure Page 111 Updated June 21, 2024

(H) Appeal. On appeal the recording remains part of the record and shall be transmitted

with it. A party may request that the appellate court view portions of the video deposition.

If a transcript was not provided to the court under subrule (F)(3), the appellant must

arrange and pay for the preparation of a transcript to be included in the record on appeal.

(I) Costs. The costs of taking a video deposition and the cost for its use in evidence may be

taxed as costs as provided by MCR 2.625 in the same manner as depositions recorded in

other ways.

ULE 2.316 REMOVAL OF DISCLOSURE AND DISCOVERY MATERIALS FROM FILE

(A) Definition. For the purpose of this rule, “disclosure material” means disclosures under

MCR 2.302(A) and “discovery material” means deposition transcripts, audio or video

recordings of depositions, interrogatories, and answers to interrogatories, documents

produced during discovery and made a part of the court file, and requests to admit.

(B) Removal from File. In civil actions, disclosure and discovery materials may be

removed from files and destroyed in the manner provided in this rule.

(1) By Stipulation. If the parties stipulate to the removal of disclosure and discovery

materials from the file, the clerk may remove the materials and dispose of them in the

manner provided in the stipulation.

(2) By the Clerk.

(a) The clerk may initiate the removal of disclosure and discovery materials from

the file in the following circumstances.

(i) If an appeal has not been taken, 18 months after entry of judgment on the

merits or dismissal of the action.

(ii) If an appeal has been taken, 91 days after the appellate proceedings are

concluded, unless the action is remanded for further proceedings in the trial

court.

(b) The clerk shall notify the parties and counsel of record, when possible, that

disclosure and discovery materials will be removed from the file of the action and

destroyed on a specified date at least 28 days after the notice is served unless

within that time

(i) the party who filed the disclosure or discovery materials retrieves them

from the clerk's office, or

(ii) a party files a written objection to removal of disclosure or discovery

materials from the file.

If an objection to removal of disclosure or discovery materials is filed, the

materials may not be removed unless the court so orders after notice and

opportunity for the objecting party to be heard. The clerk shall schedule a hearing

and give notice to the parties. The rules governing motion practice apply.

Chapter 2. Civil Procedure Page 112 Updated June 21, 2024

(3) By Order. On motion of a party, or on its own initiative after notice and hearing,

the court may order disclosure and discovery materials removed at any other time on a

finding that the materials are no longer necessary. However, no disclosure or

discovery materials may be destroyed by court personnel or the clerk until the periods

set forth in subrule (2)(a)(i) or (2)(a)(ii) have passed.

SUBCHAPTER 2.400 PRETRIAL PROCEDURE; ALTERNATIVE DISPUTE RESOLUTION;

FFERS OF JUDGMENT; SETTLEMENTS

RULE 2.401 PRETRIAL PROCEDURES; CONFERENCES; SCHEDULING ORDERS

(A) Time; Discretion of Court. At any time after the commencement of the action, on its

own initiative or the request of a party, the court may direct that the attorneys for the

parties, alone or with the parties, appear for a conference. The court shall give reasonable

notice of the scheduling of a conference. More than one conference may be held in an

action.

(B) Early Scheduling Conference and Order.

(1) Early Scheduling Conference. The court may direct that an early scheduling

conference be held. During this conference the court should consider any matters that

will facilitate the fair and expeditious disposition of the action, including:

(a) whether jurisdiction and venue are proper or whether the case is frivolous;

(b) whether to refer the case to an alternative dispute resolution procedure under

MCR 2.410;

limitations for the processing of the case and establishing dates when future

actions should begin or be completed in the case;

(d) disclosure, discovery, preservation, and claims of privilege of ESI;

(e) the simplification of the issues;

(f) the amount of time necessary for discovery, staging of discovery, and any

modification to the extent of discovery;

(g) the necessity or desirability of amendments to the pleadings;

(h) the possibility of obtaining admissions of fact and of documents to avoid

unnecessary proof;

(i) the form and content of the pretrial order;

(j) the timing of disclosures under MCR 2.302(A);

(k) the limitation of the number of expert witnesses, whether to have a separate

discovery period for experts, whether to require preparation and disclosure of

testifying expert reports, and whether to specify expert disclosure deadlines;

Chapter 2. Civil Procedure Page 113 Updated June 21, 2024

(l) the consolidation of actions for trial, the separation of issues, and the order of

trial when some issues are to be tried by a jury and some by the court;

(m) the possibility of settlement;

(n) whether mediation, case evaluation, or some other form of alternative dispute

resolution would be appropriate for the case, and what mechanisms are available to

provide such services;

(o) the identity of the witnesses to testify at trial;

(p) the estimated length of trial;

(q) whether all claims arising out of the transaction or occurrence that is the

subject matter of the action have been joined as required by MCR 2.203(A); and

(r) other matters that may aid in the disposition of the action.

(2) Scheduling Order.

(a) At an early scheduling conference under subrule (B)(1), or at such other time as

the court concludes that such an order would facilitate the progress of the case, the

court shall establish times for events and adopt other provisions the court deems

appropriate, including

(i) the initiation or completion of an ADR process,

(ii) the amendment of pleadings, adding of parties, or filing of motions,

(iii) what, if any, changes should be made in the timing, form, or requirement

for disclosures under MCR 2.302(A),

(iv) what, if any, changes should be made to the limitations on discovery

imposed under these rules and whether other presumptive limitations should be

established,

(v) the completion of discovery,

(vi) the exchange of witness lists under subrule (H)(2)(h), and

(vii) the scheduling of a pretrial conference, a settlement conference, or trial.

More than one such order may be entered in a case.

(b) The scheduling of events under this subrule shall take into consideration the

nature and complexity of the case, including the issues involved, the number and

location of parties and potential witnesses, including experts, the extent of

expected and necessary discovery, and the availability of reasonably certain trial

dates.

(c)The scheduling order also may include provisions concerning initial disclosure,

discovery of ESI, any agreements the parties reach for asserting claims of privilege

or of protection as trial-preparation material after production, preserving

discoverable information, and the form in which ESI shall be produced.

(d) Whenever reasonably practical, the scheduling of events under this subrule

shall be made after meaningful consultation with all counsel of record.

Chapter 2. Civil Procedure Page 114 Updated June 21, 2024

(i) If a scheduling order is entered under this subrule in a manner that does not

permit meaningful advance consultation with counsel, within 14 days after

entry of the order, a party may file and serve a written request for amendment

of the order detailing the reasons why the order should be amended.

(ii) Upon receiving such a written request, the court shall reconsider the order

in light of the objections raised by the parties. Whether the reconsideration

occurs at a conference or in some other manner, the court must either enter a

new scheduling order or notify the parties in writing that the court declines to

amend the order. The court must schedule a conference, enter the new order, or

send the written notice, within 14 days after receiving the request.

(iii) The submission of a request pursuant to this subrule, or the failure to

submit such a request, does not preclude a party from filing a motion to modify

a scheduling order.

(1) Upon court order or written request by another party, the parties must confer

among themselves and prepare a proposed discovery plan. The attorneys of record and

all unrepresented parties that have appeared are jointly responsible for arranging the

conference and for attempting in good faith to agree on a proposed discovery plan.

(2) A proposed discovery plan must address all disclosure and discovery matters,

including the matters set forth in subrule (B), and propose deadlines for completion of

disclosure and discovery. The parties must show good cause to request a change in

deadlines set by a scheduling order.

(3) A discovery plan, noting any disagreements between the parties, may be submitted

to the court as part of a stipulation or motion. The court may enter an order governing

disclosure, discovery, and any other case management matter the court deems

appropriate.

(4) If a party or attorney fails to participate in good faith in developing and submitting

a proposed discovery plan, the court may enter an appropriate sanction, including

payment of attorney fees and costs caused by the failure.

(D) Order for Trial Briefs. The court may direct the attorneys to furnish trial briefs as to

any or all of the issues involved in the action.

(E) Appearance of Counsel. The attorneys attending the conference shall be thoroughly

familiar with the case and have the authority necessary to fully participate in the

conference. The court may direct that the attorneys who intend to try the case attend the

conference.

(F) Presence of Parties at Conference. If the court anticipates meaningful discussion of

settlement, the court may direct that the parties to the action, agents of parties,

representatives of lienholders, or representatives of insurance carriers, or other persons:

Chapter 2. Civil Procedure Page 115 Updated June 21, 2024

(1) be present at the conference or be immediately available at the time of the

conference; and

(2) have information and authority adequate for responsible and effective participation

in the conference for all purposes, including settlement.

The court's order may require the availability of a specified individual; provided,

however, that the availability of a substitute who has the information and authority

required by subrule (F)(2) shall constitute compliance with the order.

The court's order may specify whether the availability is to be in person or by

telephone.

This subrule does not apply to an early scheduling conference held pursuant to subrule

(B).

(G) Failure to Attend or to Participate.

(1) Failure of a party or the party's attorney or other representative to attend a

scheduled conference or to have information and authority adequate for responsible

and effective participation in the conference for all purposes, including settlement, as

directed by the court, may constitute a default to which MCR 2.603 is applicable or a

ground for dismissal under MCR 2.504(B).

(2) The court shall excuse a failure to attend a conference or to participate as directed

by the court, and shall enter a just order other than one of default or dismissal, if the

court finds that

(a) entry of an order of default or dismissal would cause manifest injustice; or

(b) the failure was not due to the culpable negligence of the party or the party's

attorney.

The court may condition the order on the payment by the offending party or attorney

of reasonable expenses as provided in MCR 2.313(B)(2).

(H) Final Pretrial Conference and Order.

(1) If the court finds at a final pretrial conference that due to a lack of reasonable

diligence by a party the action is not ready for trial, the court may enter an appropriate

order to facilitate preparation of the action for trial and may require the offending

party to pay the reasonable expenses, including attorney fees, caused by the lack of

diligence.

(2) The court may hold a final pretrial conference to facilitate preparation of the action

for trial and to formulate a trial plan. The conference may be combined with a

settlement conference. At least one lead attorney who will conduct the trial for each

party and any unrepresented party shall attend the conference. At the conference the

parties may discuss the following, and the court may order the parties to prepare,

either before or after the conference, a joint final pretrial order that may provide for:

(a) scheduling motions in limine;

Chapter 2. Civil Procedure Page 116 Updated June 21, 2024

(b) a concise statement of plaintiff’s claims, including legal theories;

and claims of third-party plaintiffs, and defenses of cross defendants or third-party

defendants, including legal theories;

(d) a statement of any stipulated facts or other matters;

(e) issues of fact to be litigated;

(f) issues of law to be litigated;

(g) evidence problems likely to arise at trial;

(h) a list of witnesses to be called unless reasonable notice is given that they will

not be called, and a list of witnesses that may be called, listed by category as

follows:

(i) live lay witnesses;

(ii) lay deposition transcripts or videos including resolving objections and

identifying portions to be read or played;

(iii) live expert witnesses; and

(iv) expert deposition transcripts or videos including resolving objections and

identifying portions to be read or played.

(i) a list of exhibits with stipulations or objections to admissibility;

(j) an itemized statement of damages and stipulations to those items not in dispute;

(k) estimated length of trial:

(i) time for plaintiff’s proofs;

(ii) time for defendant’s proofs; and

(iii) whether it is a jury or nonjury trial.

(l) trial date and schedule;

(m) whether the parties will agree to arbitration;

(n) a statement that counsel have met, conferred and considered the possibility of

settlement and alternative dispute resolution, giving place, time and date and the

current status of these negotiations as well as plans for further negotiations;

(o) rules governing conduct of trial;

(p) jury instructions;

(q) trial briefs;

(r) voir dire; and

(s) any other appropriate matter.

(I) Witness Lists.

Chapter 2. Civil Procedure Page 117 Updated June 21, 2024

(1) No later than the time directed by the court under subrule (B)(2)(a), the parties

shall file and serve witness lists. The witness list must include:

(a) the name of each witness, and the witness' address, if known; however, records

custodians whose testimony would be limited to providing the foundation for the

admission of records may be identified generally;

(b) whether the witness is an expert, and the field of expertise.

(2) The court may order that any witness not listed in accordance with this rule will be

prohibited from testifying at trial except upon good cause shown.

(3) This subrule does not prevent a party from obtaining an earlier disclosure of

witness information by other discovery means as provided in these rules.

(J) ESI Conference, Plan and Order.

(1) ESI Conference. Where a case is reasonably likely to include the discovery of ESI,

parties may agree to an ESI Conference, the judge may order the parties to hold an ESI

Conference, or a party may file a motion requesting an ESI Conference. At the ESI

Conference, the parties shall consider:

(a) any issues relating to preservation of discoverable information, including

adoption of a preservation plan for potentially relevant ESI;

(b) identification of potentially relevant types, categories, and time frames of ESI;

reasonably accessible;

(d) disclosure of the manner in which ESI is maintained;

(e) implementation of a preservation plan for potentially relevant ESI;

(f) the form in which each type of ESI will be produced;

(g) what metadata, if any, will be produced;

(h) the time to produce ESI;

(i) the method for asserting or preserving claims of privilege or protection of trial

preparation materials, including whether such claims may be asserted after

production;

(j) privilege log format and related issues;

(k) the method for asserting or preserving confidential and proprietary status of

information either of a party or a person not a party to the proceeding;

(l) whether allocation among the parties of the expense of production is

appropriate; and

(m) any other issue related to the discovery of ESI.

(2) ESI Discovery Plan. Within 14 days after an ESI Conference, the parties shall file

with the court an ESI discovery plan and a statement concerning any issues upon

which the parties cannot agree. Unless the parties agree otherwise, the attorney for the

Chapter 2. Civil Procedure Page 118 Updated June 21, 2024

plaintiff shall be responsible for submitting the ESI discovery plan to the court. The

ESI discovery plan may include:

(a) a statement of the issues in the case and a brief factual outline;

(b) a schedule of discovery including discovery of ESI;

terminating the duty to preserve prior to the final resolution of the case;

(d) the forms in which ESI will be produced; and

(e) the sources of any ESI that are not reasonably accessible because of undue

burden or cost.

(3) ESI Competence. Attorneys who participate in an ESI Conference or who appear at

a conference addressing ESI issues must be sufficiently versed in matters relating to

their clients’ technological systems to competently address ESI issues; counsel may

bring a client representative or outside expert to assist in such discussions.

(4) ESI Order. The court may enter an order governing the discovery of ESI pursuant

to the parties’ ESI discovery plan, upon motion of a party, by stipulation of the parties,

or on its own.

ULE 2.402 USE OF COMMUNICATION EQUIPMENT

(A) Definition. “Communication equipment” means a conference telephone or other

electronic device that permits all those appearing or participating to hear and speak to each

other. It does not include use of a remote video platform through an audio-only option.

(B) Use. A court may, on its own initiative or on the written request of a party, direct that

communication equipment be used for a motion hearing, pretrial conference, scheduling

conference, or status conference. The court must give notice to the parties before directing

on its own initiative that communication equipment be used. A party wanting to use

communication equipment must submit a written request to the court at least 7 days before

the day on which such equipment is sought to be used, and serve a copy on the other

parties, unless good cause is shown to waive this requirement. The requesting party also

must provide a copy of the request to the office of the judge to whom the request is

directed. The court may, with the consent of all parties or for good cause, direct that the

testimony of a witness be taken through communication equipment. A verbatim record of

the proceeding must still be made.

pay the cost for its use, unless the court otherwise directs. If the use of communication

equipment is initiated by the court, the cost for its use is to be shared equally, unless the

court otherwise directs.

ULE 2.403 CASE EVALUATION

(A) Scope and Applicability of Rule.

Chapter 2. Civil Procedure Page 119 Updated June 21, 2024

(1) A court may submit to case evaluation any civil action in which the relief sought is

primarily money damages or division of property unless the parties stipulate to an

ADR process as outlined in subsections (A)(2)-(3) of this rule. Parties who participate

in a stipulated ADR process approved by the court may not subsequently be ordered to

participate in case evaluation without their written consent.

(2) In a case in which a discovery plan has been filed with the court under MCR

2.401(C), an included stipulation to use an ADR process other than case evaluation

must:

(a) identify the ADR process to be used;

(b) describe the timing of the ADR process in relation to other discovery

provisions; and

discovery.

(3) In a case in which no discovery plan has been filed with the court, a stipulated

order to use an ADR process other than case evaluation must:

(a) be submitted to the court within 120 days of the first responsive pleading;

(b) identify the ADR process to be used and its timing in relationship to the

deadlines for completion of disclosure and discovery; and

discovery.

(4) A court may exempt claims seeking equitable relief from case evaluation for good

cause shown on motion or by stipulation of the parties if the court finds that case

evaluation of such claims would be inappropriate.

(5) Cases filed in district court may be submitted to case evaluation under this rule.

The time periods set forth in subrules (B)(1), (G)(1), (L)(1) and (L)(2) may be

shortened at the discretion of the district judge to whom the case is assigned.

(B) Selection of Cases.

(1) The judge to whom an action is assigned or the chief judge may select it for case

evaluation by written order after the filing of the answer

(a) on written stipulation by the parties,

(b) on written motion by a party, or

(2) Selection of an action for case evaluation has no effect on the normal progress of

the action toward trial.

(1) To object to case evaluation, a party must file a written motion to remove from

case evaluation and a notice of hearing of the motion and serve a copy on the attorneys

Chapter 2. Civil Procedure Page 120 Updated June 21, 2024

of record and the ADR clerk within 14 days after notice of the order assigning the

action to case evaluation. The motion must be set for hearing within 14 days after it is

filed, unless the court orders otherwise.

(2) A timely motion must be heard before the case is submitted to case evaluation.

(D) Case Evaluation Panel.

(1) Case evaluation panels shall be composed of 3 persons.

(2) The procedure for selecting case evaluation panels is as provided in MCR 2.404.

(3) A judge may be selected as a member of a case evaluation panel, but may not

preside at the trial of any action in which he or she served as a case evaluator.

(4) A case evaluator may not be called as a witness at trial.

(E) Disqualification of Case Evaluators. The rule for disqualification of a case evaluator is

the same as that provided in MCR 2.003 for the disqualification of a judge.

(F) ADR Clerk. The court shall designate the ADR clerk specified under MCR 2.410, or

some other person, to administer the case evaluation program. In this rule and MCR 2.404,

“ADR clerk” refers to the person so designated.

(G) Scheduling Case Evaluation Hearing.

(1) The ADR clerk shall set a time and place for the hearing and send notice to the case

evaluators and the attorneys at least 42 days before the date set.

(2) Adjournments may be granted only for good cause, in accordance with MCR

2.503.

(H) Fees.

(1) Each party must send a check for $75 made payable in the manner and within the

time specified in the notice of the case evaluation hearing. However, if a judge is a

member of the panel, the fee is $50. If the order for case evaluation directs that

payment be made to the ADR clerk, the ADR clerk shall arrange payment to the case

evaluators. Except by stipulation and court order, the parties may not make any other

payment of fees or expenses to the case evaluators than that provided in this subrule.

(2) Only a single fee is required of each party, even where there are counterclaims,

cross-claims, or third-party claims. A person entitled to a fee waiver under MCR 2.002

is entitled to a waiver of fees under this rule.

(3) If one claim is derivative of another (e.g., husband-wife, parent-child) they must be

treated as a single claim, with one fee to be paid and a single award made by the case

evaluators.

(4) Fees paid pursuant to subrule (H) shall be refunded to the parties if

(a) the court sets aside the order submitting the case to case evaluation or on its

own initiative adjourns the case evaluation hearing, or

Chapter 2. Civil Procedure Page 121 Updated June 21, 2024

(b) the parties notify the ADR clerk in writing at least 14 days before the case

evaluation hearing of the settlement, dismissal, or entry of judgment disposing of

the action, or of an order of adjournment on stipulation or the motion of a party.

If case evaluation is rescheduled at a later time, the fee provisions of subrule (H) apply

regardless of whether previously paid fees have been refunded.

(5) Fees paid pursuant to subrule (H) shall not be refunded to the parties if

(a) in the case of an adjournment, the adjournment order sets a new date for case

evaluation and the fees are applied to the new date, or

(b) the request for and granting of adjournment is made within 14 days of the

scheduled case evaluation, unless waived for good cause.

Penalties for late filing of papers under subrule (I)(2) are not to be refunded.

(I) Submission of Summary and Supporting Documents.

(1) Unless otherwise provided in the notice of hearing, at least 7 days before the

hearing, each party shall

(a) serve a copy of the case evaluation summary and supporting documents in

accordance with MCR 2.107, and

(b) file a proof of service and three copies of a case evaluation summary and

supporting documents with the ADR clerk.

(2) Each failure to timely file and serve the materials identified in subrule (1) and each

subsequent filing of supplemental materials within 7 days of the hearing, subjects the

offending attorney or party to a $150 penalty to be paid in the manner specified in the

notice of the case evaluation hearing. Filing and serving the materials identified in

subrule (1) within 24 hours of the hearing subjects the offending attorney or party to

an additional $150 penalty.

(3) The case evaluation summary shall consist of a concise summary setting forth that

party’s factual and legal position on issues presented by the action. Except as

permitted by the court, the summary shall not exceed 20 pages double spaced,

exclusive of attachments. Quotations and footnotes may be single spaced. At least one

inch margins must be used, and printing shall not be smaller than 12-point font.

(J) Conduct of Hearing.

(1) A party has the right, but is not required, to attend a case evaluation hearing. If

scars, disfigurement, or other unusual conditions exist, they may be demonstrated to

the panel by a personal appearance; however, no testimony will be taken or permitted

of any party.

(2) The rules of evidence do not apply before the case evaluation panel. Factual

information having a bearing on damages or liability must be supported by

documentary evidence, if possible.

Chapter 2. Civil Procedure Page 122 Updated June 21, 2024

(3) Oral presentation shall be limited to 15 minutes per side unless multiple parties or

unusual circumstances warrant additional time. Information on settlement negotiations

not protected under MCR 2.412 and applicable insurance policy limits shall be

disclosed at the request of the case evaluation panel.

(4) Statements by the attorneys and the briefs or summaries are not admissible in any

court or evidentiary proceeding.

(5) Counsel or the parties may not engage in ex parte communications with the case

evaluators concerning the action prior to the hearing. After the evaluation, the case

evaluators need not respond to inquiries by the parties or counsel regarding the

proceeding or the evaluation.

(K) Decision.

(1) Within 7 days after the hearing, the panel will make an evaluation and submit the

evaluation to the ADR clerk. If an evaluation is made immediately following the

hearing, the panel will provide a copy to the attorney for each party of its evaluation in

writing. If an evaluation is not made immediately following the hearing, the evaluation

must be served by the ADR clerk on each party within 14 days after the hearing. If an

award is not unanimous, the evaluation must so indicate.

(2) Except as provided in subrule (H)(3), the evaluation must include a separate award

as to each plaintiff's claim against each defendant and as to each cross-claim,

counterclaim, or third-party claim that has been filed in the action. For the purpose of

this subrule, all such claims filed by any one party against any other party shall be

treated as a single claim.

(3) The evaluation may not include a separate award on any claim for equitable relief,

but the panel may consider such claims in determining the amount of an award.

(4) In a tort case to which MCL 600.4915(2) or MCL 600.4963(2) applies, if the panel

unanimously finds that a party's action or defense as to any other party is frivolous, the

panel shall so indicate on the evaluation. For the purpose of this rule, an action or

defense is “frivolous” if, as to all of a plaintiff's claims or all of a defendant's defenses

to liability, at least 1 of the following conditions is met:

(a) The party's primary purpose in initiating the action or asserting the defense was

to harass, embarrass, or injure the opposing party.

(b) The party had no reasonable basis to believe that the facts underlying that

party's legal position were in fact true.

(5) In an action alleging medical malpractice to which MCL 600.4915 applies, the

evaluation must include a specific finding that

(a) there has been a breach of the applicable standard of care,

(b) there has not been a breach of the applicable standard of care, or

Chapter 2. Civil Procedure Page 123 Updated June 21, 2024

applicable standard of care.

(L) Acceptance or Rejection of Evaluation.

(1) Each party shall file a written acceptance or rejection of the panel's evaluation with

the ADR clerk within 28 days after service of the panel's evaluation. Even if there are

separate awards on multiple claims, the party must either accept or reject the

evaluation in its entirety as to a particular opposing party. The failure to file a written

acceptance or rejection within 28 days constitutes rejection.

(2) There may be no disclosure of a party's acceptance or rejection of the panel's

evaluation until the expiration of the 28-day period, at which time the ADR clerk shall

send a notice indicating each party's acceptance or rejection of the panel's evaluation.

(3) In case evaluations involving multiple parties the following rules apply:

(a) Each party has the option of accepting all of the awards covering the claims by

or against that party or of accepting some and rejecting others. However, as to any

particular opposing party, the party must either accept or reject the evaluation in its

entirety.

(b) A party who accepts all of the awards may specifically indicate that he or she

intends the acceptance to be effective only if

(i) all opposing parties accept, and/or

(ii) the opposing parties accept as to specified coparties.

If such a limitation is not included in the acceptance, an accepting party is deemed

to have agreed to entry of judgment, or dismissal as provided in subrule (M)(1), as

to that party and those of the opposing parties who accept, with the action to

continue between the accepting party and those opposing parties who reject.

(M) Effect of Acceptance of Evaluation.

(1) If all the parties accept the panel's evaluation, judgment will be entered in

accordance with the evaluation, unless the amount of the award is paid within 28 days

after notification of the acceptances, in which case the court shall dismiss the action

with prejudice. The judgment or dismissal shall be deemed to dispose of all claims in

the action and includes all fees, costs, and interest to the date it is entered, except for

cases involving rights to personal protection insurance benefits under MCL 500.3101

et seq., for which judgment or dismissal shall not be deemed to dispose of claims that

have not accrued as of the date of the case evaluation hearing.

(2) If only a part of an action has been submitted to case evaluation pursuant to subrule

(A)(3) and all of the parties accept the panel’s evaluation, the court shall enter an order

disposing of only those claims.

(3)In a case involving multiple parties, judgment, or dismissal as provided in subrule

(1), shall be entered as to those opposing parties who have accepted the portions of the

evaluation that apply to them.

Chapter 2. Civil Procedure Page 124 Updated June 21, 2024

(N) Proceedings After Rejection.

(1) If all or part of the evaluation of the case evaluation panel is rejected, the action

proceeds to trial in the normal fashion.

(2) If a party's claim or defense was found to be frivolous under subrule (K)(4), that

party may request that the court review the panel's finding by filing a motion within 14

days after the ADR clerk sends notice of the rejection of the case evaluation award.

(a) The motion shall be submitted to the court on the case evaluation summaries

and documents that were considered by the case evaluation panel. No other

exhibits or testimony may be submitted. However, oral argument on the motion

shall be permitted.

(b) After reviewing the materials submitted, the court shall determine whether the

action or defense is frivolous.

(N)(3) apply, except that the bond must be filed within 28 days after the entry of

the court's order determining the action or defense to be frivolous.

(d) The judge who hears a motion under this subrule may not preside at a nonjury

trial of the action.

(3) Except as provided in subrule (2), if a party's claim or defense was found to be

frivolous under subrule (K)(4), that party shall post a cash or surety bond, pursuant to

MCR 3.604, in the amount of $5,000 for each party against whom the action or

defense was determined to be frivolous.

(a) The bond must be posted within 56 days after the case evaluation hearing or at

least 14 days before trial, whichever is earlier.

(b) If a surety bond is filed, an insurance company that insures the defendant

against a claim made in the action may not act as the surety.

found to have been frivolous, and enter the default of a defendant whose defense

was found to be frivolous. The action shall proceed to trial as to the remaining

claims and parties, and as to the amount of damages against a defendant in default.

(d) If judgment is entered against the party who posted the bond, the bond shall be

used to pay any costs awarded against that party by the court under any applicable

law or court rule. MCR 3.604 applies to proceedings to enforce the bond.

(4) The ADR clerk shall place a copy of the case evaluation and the parties'

acceptances and rejections in a sealed envelope for filing with the clerk of the court. In

a nonjury action, the envelope may not be opened and the parties may not reveal the

amount of the evaluation until the judge has rendered judgment.

ULE 2.404 SELECTION OF CASE EVALUATION PANELS

(A) Case Evaluator Selection Plans.

Chapter 2. Civil Procedure Page 125 Updated June 21, 2024

(1) Requirement. Each trial court that submits cases to case evaluation under MCR

2.403 shall adopt by local administrative order a plan to maintain a list of persons

available to serve as case evaluators and to assign case evaluators from the list to

panels. The plan must be in writing and available to the public in the ADR clerk's

office.

(2) Alternative Plans.

(a) A plan adopted by a district or probate court may use the list of case evaluators

and appointment procedure of the circuit court for the circuit in which the court is

located.

(b) Courts in adjoining circuits or districts may jointly adopt and administer a case

evaluation plan.

of cases to be submitted or because of inadequate numbers of available case

evaluators, the court may enter into an agreement with a neighboring court to refer

cases for case evaluation under the other court's system. The agreement may

provide for payment by the referring court to cover the cost of administering case

evaluation. However, fees and costs may not be assessed against the parties to

actions evaluated except as provided by MCR 2.403.

(d) Other alternative plans must be submitted as local court rules under MCR

8.112(A).

(B) Lists of Case Evaluators.

(1) Application. An eligible person desiring to serve as a case evaluator may apply to

the ADR clerk to be placed on the list of case evaluators. Application forms shall be

available in the office of the ADR clerk. The form shall include an optional section

identifying the applicant's gender and racial/ethnic background. The form shall include

a certification that

(a) the case evaluator meets the requirements for service under the court's selection

plan, and

(b) the case evaluator will not discriminate against parties, attorneys, or other case

evaluators on the basis of race, ethnic origin, gender, or other protected personal

characteristic.

(2) Eligibility. To be eligible to serve as a case evaluator, a person must meet the

qualifications provided by this subrule.

(a) The applicant must have been a practicing lawyer for at least 5 years and be a

member in good standing of the State Bar of Michigan. The plan may not require

membership in any other organization as a qualification for service as a case

evaluator.

(b) An applicant must reside, maintain an office, or have an active practice in the

jurisdiction for which the list of case evaluators is compiled.

Chapter 2. Civil Procedure Page 126 Updated June 21, 2024

practice for the last 5 years has been devoted to civil litigation matters, including

investigation, discovery, motion practice, case evaluation, settlement, trial

preparation, and/or trial.

(d) If separate sublists are maintained for specific types of cases, the applicant

must have had an active practice in the practice area for which the case evaluator is

listed for at least the last 3 years.

If there are insufficient numbers of potential case evaluators meeting the qualifications

stated in this rule, the plan may provide for consideration of alternative qualifications.

(3) Review of Applications. The plan shall provide for a person or committee to

review applications annually, or more frequently if appropriate, and compile one or

more lists of qualified case evaluators. Persons meeting the qualifications specified in

this rule shall be placed on the list of approved case evaluators. Selections shall be

made without regard to race, ethnic origin, or gender.

(a) If an individual performs this review function, the person must be an employee

of the court.

(b) If a committee performs this review function, the following provisions apply.

(i) The committee must have at least three members.

(ii) The selection of committee members shall be designed to assure that the

goals stated in subrule (D)(2) will be met.

(iii) A person may not serve on the committee more than 3 years in any 9 year

period.

of that decision. The plan shall provide a procedure by which such an applicant

may seek reconsideration of the decision by some other person or committee. The

plan need not provide for a hearing of any kind as part of the reconsideration

process. Documents considered in the initial review process shall be retained for at

least the period of time during which the applicant can seek reconsideration of the

original decision.

(4) Specialized Lists. If the number and qualifications of available case evaluators

makes it practicable to do so, the ADR clerk shall maintain

(a) separate lists for various types of cases, and,

(b) where appropriate for the type of cases, separate sublists of case evaluators

who primarily represent plaintiffs, primarily represent defendants, and neutral case

evaluators whose practices are not identifiable as representing primarily plaintiffs

or defendants. Neutral evaluators may be selected on the basis of the applicant’s

representing both plaintiffs and defendants, or having served as a neutral

alternative dispute resolution provider, for a period of up to 15 years prior to an

application to serve as a case evaluator.

Chapter 2. Civil Procedure Page 127 Updated June 21, 2024

(5) Reapplication. Persons shall be placed on the list of case evaluators for a fixed

period of time, not to exceed seven years, and must reapply at the end of that time in

the manner directed by the court.

(6) Availability of Lists. The list of case evaluators must be available to the public in

the ADR clerk's office.

(7) Removal from List. The plan must include a procedure for removal from the list of

case evaluators who have demonstrated incompetency, bias, made themselves

consistently unavailable to serve as a case evaluator, or for other just cause.

(8) The court may require case evaluators to attend orientation or training sessions or

provide written materials explaining the case evaluation process and the operation of

the court's case evaluation program. However, case evaluators may not be charged any

fees or costs for such programs or materials.

(1) Method of Assignment. The ADR clerk shall assign case evaluators to panels in a

random or rotating manner that assures as nearly as possible that each case evaluator

on a list or sublist is assigned approximately the same number of cases over a period of

time. If a substitute case evaluator must be assigned, the same or similar assignment

procedure shall be used to select the substitute. The ADR clerk shall maintain records

of service of case evaluators on panels and shall make those records available on

request.

(2) Assignment from Sublists. If sublists of plaintiff, defense, and neutral case

evaluators are maintained for a particular type of case, the panel shall include one case

evaluator who primarily represents plaintiffs, one case evaluator who primarily

represents defendants, and one neutral case evaluator. If a judge is assigned to a panel

as permitted by MCR 2.403(D)(3), the judge shall serve as the neutral case evaluator if

sublists are maintained for that class of cases.

(3) Special Panels. On stipulation of the parties, the court may appoint a panel selected

by the parties. In such a case, the qualification requirements of subrule (B)(2) do not

apply, and the parties may agree to modification of the procedures for conduct of case

evaluation. Nothing in this rule or MCR 2.403 precludes parties from stipulating to

other ADR procedures that may aid in resolution of the case.

(D) Supervision of Selection Process.

(1) The chief judge shall exercise general supervision over the implementation of this

rule and shall review the operation of the court's case evaluation plan at least annually

to assure compliance with this rule. In the event of noncompliance, the court shall take

such action as is needed. This action may include recruiting persons to serve as case

evaluators or changing the court's case evaluation plan.

(2) In implementing the selection plan, the court, court employees, and attorneys

involved in the procedure shall take all steps necessary to assure that as far as

reasonably possible the list of case evaluators fairly reflects the racial, ethnic, and

Chapter 2. Civil Procedure Page 128 Updated June 21, 2024

gender diversity of the members of the state bar in the jurisdiction for which the list is

compiled who are eligible to serve as case evaluators.

ULE 2.405 OFFERS TO STIPULATE TO ENTRY OF JUDGMENT

(A) Definitions. As used in this rule:

(1) “Offer” means a written notification to an adverse party of the offeror’s

willingness to stipulate to the entry of a judgment in a sum certain, which is deemed to

include all costs and interest then accrued. If a party has made more than one offer, the

most recent offer controls for the purposes of this rule.

(2) “Counteroffer” means a written reply to an offer, served within 21 days after

service of the offer, in which a party rejects an offer of the adverse party and makes his

or her own offer.

(3) “Average offer” means the sum of an offer and a counteroffer, divided by two. If

no counteroffer is made, the offer shall be used as the average offer.

(4) “Verdict” includes,

(a) a jury verdict,

(b) a judgment by the court after a nonjury trial,

of judgment, including a motion entering judgment on an arbitration award.

(5) “Adjusted verdict” means the verdict plus interest and costs from the filing of the

complaint through the date of the offer.

(6) “Actual costs” means the costs and fees taxable in a civil action and a reasonable

attorney fee, dating to the rejection of the prevailing party’s last offer or counteroffer,

for services necessitated by the failure to stipulate to the entry of judgment.

(B) Offer. Until 28 days before trial, a party may serve on the adverse party a written offer

to stipulate to the entry of a judgment for the whole or part of the claim, including interest

and costs then accrued.

(1) To accept, the adverse party, within 21 days after service of the offer, must serve

on the other parties a written notice of agreement to stipulate to the entry of the

judgment offered, and file the offer, the notice of acceptance, and proof of service of

the notice with the court. The court shall enter a judgment according to the terms of the

stipulation.

(2) An offer is rejected if the offeree

(a) expressly rejects it in writing, or

(b) does not accept it as provided by subrule (C)(1).

A rejection does not preclude a later offer by either party.

Chapter 2. Civil Procedure Page 129 Updated June 21, 2024

(3) A counteroffer may be accepted or rejected in the same manner as an offer.

(D) Imposition of Costs Following Rejection of Offer. If an offer is rejected, costs are

payable as follows:

(1) If the adjusted verdict is more favorable to the offeror than the average offer, the

offeree must pay to the offeror the offeror’s actual costs incurred in the prosecution or

defense of the action.

(2) If the adjusted verdict is more favorable to the offeree than the average offer, the

offeror must pay to the offeree the offeree’s actual costs incurred in the prosecution or

defense of the action. However, an offeree who has not made a counteroffer may not

recover actual costs unless the offer was made less than 42 days before trial.

(3) The court shall determine the actual costs incurred. The court may, in the interest

of justice, refuse to award an attorney fee under this rule. Interest of justice exceptions

may apply, but are not limited to:

(i) cases involving offers that are token or de minimis in the context of the case; or

(ii) cases involving an issue of first impression or an issue of public interest.

(4) Evidence of an offer is admissible only in a proceeding to determine costs.

(5) Proceedings under this rule do not affect a contract or relationship between a party

and his or her attorney.

(6) A request for costs under this subrule must be filed and served within 28 days after

the entry of the judgment or entry of an order denying a timely motion

(i) for a new trial,

(ii) to set aside the judgment, or

(iii) for rehearing or reconsideration.

(E) This rule does not apply to class action cases filed under MCR 3.501.

ULE 2.406 USE OF FACSIMILE COMMUNICATION EQUIPMENT

(A) Definition. “Facsimile communication equipment” means a machine that transmits

and reproduces graphic matter (as printing or still pictures) by means of signals sent over

telephone lines.

(B) Use. Courts may permit the filing of pleadings, motions, affidavits, opinions, orders,

or other documents by the use of facsimile communication equipment. Except as provided

by MCR 2.002, a clerk shall not permit the filing of any document for which a filing fee is

required unless the full amount of the filing fee is paid or deposited in advance with the

clerk.

no smaller than 12-point type. These requirements do not apply to attachments and

Chapter 2. Civil Procedure Page 130 Updated June 21, 2024

exhibits, but parties are encouraged to reduce or enlarge such documents to 8½ by 11

inches, if practical.

(D) Fees. In addition to fees required by statute, courts may impose fees for facsimile

filings in accordance with the schedule that is established by the State Court

Administrative Office for that purpose.

(E) Number of Pages. Courts may establish a maximum number of pages that may be sent

at one time.

(F) Hours. Documents received during the regular business hours of the court will be

deemed filed on that business day. Documents received after regular business hours and

on weekends or designated court holidays will be deemed filed on the next business day.

A document is considered filed if the transmission begins during regular business hours,

as verified by the court, and the entire document is received.

(G) Originals. Documents filed by facsimile communication equipment shall be

considered original documents. The filing party shall retain the documents that were

transmitted by facsimile communication equipment.

(H) Signature. For purposes of MCR 1.109(E), a signature includes a signature transmitted

by facsimile communication equipment.

ULE 2.407 VIDEOCONFERENCING

(A)Definitions. In this subchapter:

(1)“Participants” include, but are not limited to, parties, counsel, and subpoenaed

witnesses, but do not include the general public.

(2)“Videoconferencing” means the use of an interactive technology, including a

remote digital platform, that sends video, voice, and/or data signals over a

transmission circuit so that two or more individuals or groups can communicate with

each other simultaneously using video codecs, monitors, cameras, audio microphones,

and audio speakers. It includes use of a remote video platform through an audio-only

option.

(B) Application.

(1) All proceedings occurring by videoconferencing, including the manner and extent

of the use of videoconferencing, are subject to requirements, standards, and guidelines

published by the State Court Administrative Office and the criteria set forth in subrule

(C).

(2) Consistent with these rules and subject to subrule (4), courts may determine the

manner and extent of the use of videoconferencing technology and may require

participants to attend court proceedings by videoconferencing technology.

Chapter 2. Civil Procedure Page 131 Updated June 21, 2024

(3) This rule does not supersede a participant’s ability to participate by telephonic

means under MCR 2.402.

(4) Nothing in this rule shall preclude a participant from requesting to physically

appear in person for any proceeding. If there is a request to appear in person, or a

participant is found to be unable to adequately use the technology, to hear or

understand or be heard or understood, the presiding judge and any attorney of record

for said participant must appear in person with the participant for said proceeding.

Subject to subrule (5), the court must allow other participants to participate using

videoconferencing technology.

(5) Nothing in this rule shall prevent the court from determining that a case is not

suited for videoconferencing, and may require any hearing, even a proceeding

categorized as presumptively subject to videoconferencing technology, to be

conducted in person.

(a) In determining whether a particular case or proceeding should be conducted by

videoconferencing technology or ruling on an objection to the use of

videoconferencing technology, the court shall consider the factors listed in subrule

(C).

(b) The court shall state its decision and reasoning, either in writing or on the

record, when requiring in-person proceedings in each case where there is a

presumption for the use of videoconferencing technology.

(6) Courts must provide reasonable notice to participants of the time and mode of a

proceeding. If a proceeding will be held using videoconferencing technology, the

court must provide reasonable notice of the way(s) to access that proceeding.

(7) Courts must allow a party and their counsel to engage in confidential

communication during a proceeding being conducted by videoconferencing

technology.

(8) If, during the course of a videoconference proceeding, the court or a participant is

unable to proceed due to failure of technology, the court must reschedule the

proceeding and promptly notify the participants of the rescheduled date and time and

whether the proceeding will be held using videoconferencing technology or in person.

(9) All proceedings that are held using videoconferencing technology or

communication equipment must be recorded verbatim by the court with the exception

of hearings that are not required to be recorded by law.

(10) Courts must provide access to a proceeding held using videoconferencing

technology to the public either during the proceeding or immediately after via access

to a video recording of the proceeding, unless the proceeding is closed or access would

otherwise be limited by statute or rule.

Chapter 2. Civil Procedure Page 132 Updated June 21, 2024

In determining in a particular case the use of videoconferencing technology and the

manner of proceeding with videoconferencing, the court shall consider the following

factors:

(1) The capabilities of the court and the parties to participate in a videoconference.

(2) Whether a specific articulable prejudice would result.

(3) The convenience of the parties and the proposed witness(es), the cost of producing

the witness in person in relation to the importance of the offered testimony, and the

potential to increase access to courts by allowing parties and/or their counsel to appear

by videoconferencing technology.

(4) Whether the procedure would allow for full and effective cross-examination,

especially when the cross-examination would involve documents or other exhibits.

(5) Whether the court has reason to believe that the participants in this hearing will not

be able to maintain the dignity, solemnity, and decorum of court while using

videoconferencing technology, or that the use of videoconferencing technology will

undermine the integrity, fairness, or effectiveness of the proceeding.

(6) Whether a physical liberty or other fundamental interest is at stake in the

proceeding.

(7) Whether the court sufficiently control the participants in this hearing or matter so

as to effectively extend the courtroom to the remote location.

(8) Whether the use of videoconferencing technology presents the person at a remote

location in a diminished or distorted sense that negatively reflects upon the individual

at the remote location to persons present in the courtroom.

(9) Whether the person appearing by videoconferencing technology presents a

significant security risk to transport and be present physically in the courtroom.

(10) Whether the parties or witness(es) have waived personal appearance or stipulated

to videoconferencing.

(11) The proximity of the videoconferencing request date to the proposed appearance

date.

(12) Any other factors that the court may determine to be relevant.

(D) Request for videoconferencing and Participant Contact Information.

(1) A participant who requests the use of videoconferencing technology shall ensure

that the equipment available at the remote location meets the technical and operational

standards established by the State Court Administrative Office.

(2) A participant who will be using videoconferencing technology must provide the

court with the participant’s contact information, including mobile phone number(s)

and email address(es), in advance of the court date when videoconferencing

technology will be used. A court may collect the contact information using an SCAO-

approved form. The contact information form used under this provision shall be

Chapter 2. Civil Procedure Page 133 Updated June 21, 2024

confidential. An email address for an attorney must be the same address as the one on

file with the State Bar of Michigan.

(3) There is no motion fee for requests submitted under this rule.

(E) Notwithstanding any other provision in this rule, until further order of the Court, AO

No. 2012-7 is suspended.

ULE 2.408 USE OF VIDEOCONFERENCING TECHNOLOGY IN CIVIL CASES

(A) Generally.

(1) A court may, at the request of any participant, or sua sponte, allow the use of

videoconferencing technology by any participant in any civil proceeding.

(2)

Except as otherwise provided in this subrule, the use of videoconferencing

technology shall not be used in bench or jury trials, or any civil proceeding

wherein the testimony of witnesses or presentation of evidence may occur,

except in the discretion of the court after all parties have had notice and

opportunity to be heard on the use of videoconferencing technology.

(3) This rule does not supersede a participant's ability to participate by telephonic

means under MCR 2.402.

(B) Use of Videoconferencing Technology in Circuit Court. Subject to a determination by

the court that the use of videoconferencing technology is inappropriate for a particular

case under an analysis as contained in MCR 2.407(C), the use of videoconferencing

technology shall be presumed for:

(1) civil pretrials;

(2) early scheduling conferences under MCR 2.401(B);

(3) motions filed pursuant to MCR 2.119 regarding discovery;

(4) adjournments;

(5) modifications to scheduling orders;

(6) motions in limine;

(7) postjudgment collection or discovery matters;

(8) testimonial proofs for hearings under MCR 3.210(A)(4);

(9) motions to correct, strike, or amend pleadings; and

(10) motions pursuant to MCR 2.116.

the court that the use of videoconferencing technology is inappropriate for a particular

case under an analysis as contained in MCR 2.407(C), the use of videoconferencing

technology shall be presumed for:

Chapter 2. Civil Procedure Page 134 Updated June 21, 2024

(1) civil pretrials;

(2) early scheduling conferences under MCR 2.401(B);

(3) motions filed pursuant to MCR 2.119 regarding discovery;

(4) adjournments;

(5) postjudgment collection matters; and

(6) motions to correct, strike, or amend pleadings.

ULE 2.410 ALTERNATIVE DISPUTE RESOLUTION

(A) Scope and Applicability of Rule; Definitions.

(1) All civil cases are subject to alternative dispute resolution processes unless

otherwise provided by statute or court rule.

(2) For the purposes of this rule, alternative dispute resolution (ADR) means any

process designed to resolve a legal dispute in the place of court adjudication, and

includes settlement conferences ordered under MCR 2.401; case evaluation under

MCR 2.403; mediation under MCR 2.411; domestic relations mediation under MCR

3.216; child protection mediation under MCR 3.970; and other procedures provided

by local court rule or ordered on stipulation of the parties.

(B) ADR Plan.

(1) Each trial court that submits cases to ADR processes under this rule shall adopt an

ADR plan by local administrative order. The plan must be in writing and available to

the public in the ADR clerk's office.

(2) At a minimum, the ADR plan must:

(a) designate an ADR clerk, who may be the clerk of the court, the court

administrator, the assignment clerk, or some other person;

(b) if the court refers cases to mediation under MCR 2.411, specify how the list of

persons available to serve as mediators will be maintained and the system by

which mediators will be assigned from the list under MCR 2.411(B)(3);

court's ADR program to litigants and the public; and

(d) specify how access to ADR processes will be provided for indigent persons. If

a party qualifies for waiver of filing fees under MCR 2.002 or the court determines

on other grounds that the party is unable to pay the full cost of an ADR provider's

services, and free or low-cost dispute resolution services are not available, the

court shall not order that party to participate in an ADR process.

(3) The plan may also provide for referral relationships with local dispute resolution

centers, including those affiliated with the Community Dispute Resolution Program.

In establishing a referral relationship with centers or programs, courts, at a minimum,

shall take into consideration factors that include whether parties are represented by

Chapter 2. Civil Procedure Page 135 Updated June 21, 2024

counsel, the number and complexity of issues in dispute, the jurisdictional amount of

the cases to be referred, and the ability of the parties to pay for dispute resolution

services. The plan must preserve the right of parties to stipulate to the selection of their

own mediator under MCR 2.411(B)(1).

(4) Courts in adjoining circuits or districts may jointly adopt and administer an ADR

plan.

(1) At any time, after consultation with the parties, the court may order that a case be

submitted to an appropriate ADR process. More than one such order may be entered in

a case.

(2) Unless the specific rule under which the case is referred provides otherwise, in

addition to other provisions the court considers appropriate, the order shall

(a) specify, or make provision for selection of, the ADR provider;

(b) provide time limits for initiation and completion of the ADR process; and

(3) The order may require attendance at ADR proceedings as provided in subrule

(D).

(D) Attendance at ADR Proceedings.

(1) Appearance of Counsel. The attorneys attending an ADR proceeding shall be

thoroughly familiar with the case and have the authority necessary to fully participate

in the proceeding. The court may direct that the attorneys who intend to try the case

attend ADR proceedings.

(2) Presence of Parties. The court may direct that the parties to the action, agents of

parties, representatives of lienholders, representatives of insurance carriers, or other

persons:

(a) be present at the ADR proceeding or be immediately available at the time of the

proceeding; and

(b) have information and authority adequate for responsible and effective

participation in the conference for all purposes, including settlement.

The court's order may specify whether the availability is to be in person or by

telephone.

(3) Failure to Attend.

(a) Failure of a party or the party's attorney or other representative to attend a

scheduled ADR proceeding, as directed by the court, may constitute a default to

which MCR 2.603 is applicable or a ground for dismissal under MCR 2.504(B).

(b) The court shall excuse a failure to attend an ADR proceeding, and shall enter a

just order other than one of default or dismissal, if the court finds that

Chapter 2. Civil Procedure Page 136 Updated June 21, 2024

(i) entry of an order of default or dismissal would cause manifest injustice; or

(ii) the failure to attend was not due to the culpable negligence of the party or

the party's attorney.

The court may condition the order on the payment by the offending party or

attorney of reasonable expenses as provided in MCR 2.313(B)(2).

(E) Objections to ADR. Within 14 days after entry of an order referring a case to an ADR

process, a party may move to set aside or modify the order. A timely motion must be

decided before the case is submitted to the ADR process.

(F) Supervision of ADR Plan. The chief judge shall exercise general supervision over the

implementation of this rule and shall review the operation of the court's ADR plan at least

annually to assure compliance with this rule. In the event of noncompliance, the court

shall take such action as is needed. This action may include recruiting persons to serve as

ADR providers or changing the court's ADR plan.

ULE 2.411 MEDIATION

(A) Scope and Applicability of Rule; Definitions.

(1) This rule applies to cases that the court refers to mediation as provided in MCR

2.410. MCR 3.216 governs mediation of domestic relations cases. MCR 3.970 governs

mediation in child protective proceedings.

(2) “Mediation” is a process in which a neutral third party facilitates communication

between parties, assists in identifying issues, and helps explore solutions to promote a

mutually acceptable settlement. A mediator has no authoritative decision-making

power.

(B) Selection of Mediator.

(1) The parties may stipulate to the selection of a mediator. A mediator selected by

agreement of the parties need not meet the qualifications set forth in subrule (F). The

court must appoint a mediator stipulated to by the parties, provided the mediator is

willing to serve within a period that would not interfere with the court's scheduling of

the case for trial.

(2) If the order referring the case to mediation does not specify a mediator, the order

shall set the date by which the parties are to have conferred on the selection of a

mediator. If the parties do not advise the ADR clerk of the mediator agreed upon by

that date, the court shall appoint one as provided in subrule (B)(3).

(3) The procedure for selecting a mediator from the approved list of mediators must be

established by local ADR plan adopted under MCR 2.410(B). The ADR clerk shall

assign mediators in a rotational manner that assures as nearly as possible that each

mediator on the list is assigned approximately the same number of cases over a period

of time. If a substitute mediator must be assigned, the same or similar assignment

procedure shall be used to select the substitute.

Chapter 2. Civil Procedure Page 137 Updated June 21, 2024

(4) The court shall not appoint, recommend, direct, or otherwise influence a party’s or

attorney’s selection of a mediator except as provided pursuant to this rule. The court

may recommend or advise parties on the selection of a mediator only upon request of

all parties by stipulation in writing or orally on the record.

(5) The rule for disqualification of a mediator is the same as that provided in MCR

2.003 for the disqualification of a judge. The mediator must promptly disclose any

potential basis for disqualification.

(1) Scheduling. The order referring the case for mediation shall specify the time within

which the mediation is to be completed. The ADR clerk shall send a copy of the order

to each party and the mediator selected. Upon receipt of the court's order, the mediator

shall promptly confer with the parties to schedule mediation in accordance with the

order. Factors that may be considered in arranging the process may include the need

for limited discovery before mediation, the number of parties and issues, and the

necessity for multiple sessions. The mediator may direct the parties to submit in

advance, or bring to the mediation, documents or summaries providing information

about the case.

(2) Conduct of Mediation. The mediator shall meet with counsel and the parties,

explain the mediation process, and then proceed with the process. The mediator shall

discuss with the parties and counsel, if any, the facts and issues involved. The

mediation will continue until a settlement is reached, the mediator determines that a

settlement is not likely to be reached, the end of the first mediation session, or until a

time agreed to by the parties. Additional sessions may be held as long as it appears that

the process may result in settlement of the case.

(3) Completion of Mediation. Within 7 days after the completion of the ADR process,

the mediator shall so advise the court, stating only the date of completion of the

process, who participated in the mediation, whether settlement was reached, and

whether further ADR proceedings are contemplated.

(4) Settlement. If the case is settled through mediation, within 21 days the attorneys

shall prepare and submit to the court the appropriate documents to conclude the case.

(5) Confidentiality in the mediation process is governed by MCR 2.412.

(D) Fees.

(1) A mediator is entitled to reasonable compensation commensurate with the

mediator's experience and usual charges for services performed.

(2) The costs of mediation shall be divided between the parties on a pro-rata basis

unless otherwise agreed by the parties or ordered by the court. The mediator's fee shall

be paid no later than

(a) 42 days after the mediation process is concluded, or

(b) the entry of judgment, or

Chapter 2. Civil Procedure Page 138 Updated June 21, 2024

(3) If acceptable to the mediator, the court may order an arrangement for the payment

of the mediator's fee other than that provided in subrule (D)(2).

(4) The mediator's fee is deemed a cost of the action, and the court may make an

appropriate order to enforce the payment of the fee.

(5) If a party objects to the total fee of the mediator, the matter may be scheduled

before the trial judge for determination of the reasonableness of the fee.

(E) List of Mediators.

(1) Application. To appear on a roster, an applicant, which may be an individual or

organization may apply to the ADR clerk to be placed on the court's list of mediators.

Application forms shall be available in the office of the ADR clerk.

(a) The form shall include a certification that

(i) the applicant meets the requirements for service under the court's selection

plan;

(ii) the applicant will not discriminate against parties or attorneys on the basis

of race, ethnic origin, gender, or other protected personal characteristic; and

(iii) the applicant will comply with the court's ADR plan, orders of the court

regarding cases submitted to mediation, and the standards of conduct adopted

by the State Court Administrator under subrule (G).

(b) The applicant shall indicate on the form the applicant's rate for providing

mediation services.

and racial/ethnic background.

(d) An applicant Community Dispute Resolution Program center must select only

mediators who meet the qualifications of this rule or training requirements

established by the State Court Administrator to mediate cases ordered by the court.

(2) Review of Applications. The court's ADR plan shall provide for a person or

committee to review applications annually, or more frequently if appropriate, and

compile a list of qualified mediators.

(a) Applicants meeting the qualifications specified in this rule shall be placed on

the list of approved mediators. Approved mediators shall be placed on the list for a

fixed period, not to exceed seven years, and must reapply at the end of that time in

the manner directed by the court.

(b) Selections shall be made without regard to race, ethnic origin, or gender.

Residency or principal place of business may not be a qualification.

optional section identifying the applicant's gender and racial/ethnic background,

shall be available to the public in the office of the ADR clerk.

Chapter 2. Civil Procedure Page 139 Updated June 21, 2024

(d) An applicant may attach a résumé or biographical information to the

application.

(3) Rejection; Reconsideration. Applicants who are not placed on the list shall be

notified of that decision. Within 21 days of notification of the decision to reject an

application, the applicant may seek reconsideration of the ADR clerk's decision by the

Chief Judge. The court does not need to provide a hearing. Documents considered in

the initial review process shall be retained for at least the period during which the

applicant can seek reconsideration of the original decision.

(4) Removal from List. The ADR clerk may remove from the list mediators who have

demonstrated incompetence, bias, made themselves consistently unavailable to serve

as a mediator, or for other just cause. Within 21 days of notification of the decision to

remove a mediator from the list, the mediator may seek reconsideration of the ADR

clerk's decision by the Chief Judge. The court does not need to provide a hearing.

(F) Qualification of Mediators.

(1) Small Claims Mediation. District courts may develop individual plans to establish

qualifications for persons serving as mediators in small claims cases.

(2) General Civil Mediation. To be eligible to serve as a general civil mediator, a

person must meet the following minimum qualifications:

(a) Complete a training program approved by the State Court Administrator

providing the generally accepted components of mediation skills;

(b) Have one or more of the following:

(i) Juris doctor degree or graduate degree in conflict resolution; or

(ii) 40 hours of mediation experience over two years, including mediation, co-

mediation, observation, and role-playing in the context of mediation.

general civil mediation proceedings conducted by an approved mediator, and

conduct one general civil mediation to conclusion under the supervision and

observation of an approved mediator.

(3) An applicant who has specialized experience or training, but does not meet the

specific requirements of subrule (F)(2), may apply to the ADR clerk for special

approval. The ADR clerk shall make the determination on the basis of criteria

provided by the State Court Administrator. Service as a case evaluator under MCR

2.403 does not constitute a qualification for serving as a mediator under this section.

(4) Approved mediators are required to obtain 8 hours of advanced mediation training

during each 2-year period. Failure to submit documentation establishing compliance is

ground for removal from the list under subrule(E)(4).

(5) Additional qualifications may not be imposed upon mediators.

(G) Standards of Conduct for Mediators. The State Court Administrator shall develop and

approve standards of conduct for mediators designed to promote honesty, integrity, and

Chapter 2. Civil Procedure Page 140 Updated June 21, 2024

impartiality in providing court-connected dispute resolution services. These standards

shall be made a part of all training and educational requirements for court-connected

programs, shall be provided to all mediators involved in court-connected programs, and

shall be available to the public.

(H) Mediation of Discovery Disputes. The parties may stipulate to or the court may order

the mediation of discovery disputes (unless precluded by MCR 3.216[C][3]). The

discovery mediator may by agreement of the parties be the same mediator otherwise

selected under subrule (B). All other provisions of this rule shall apply to a discovery

mediator except:

(1) The order under subrule (C)(1) will specify the scope of issues or motions referred

to the discovery mediator, or whether the mediator is appointed on an ongoing basis.

(2) The mediation sessions will be conducted as determined by the mediator, with or

without parties, in any manner deemed reasonable and consistent with these rules and

any court order.

(3) The court may specify that discovery disputes must first be submitted to the

mediator before being filed as a motion unless there is a need for expedited attention

by the court. In such cases, the moving party shall certify in the motion that it is filed

only after failure to resolve the dispute through mediation or due to a need for

immediate attention by the court.

(4) In cases involving complex issues of ESI, the court may appoint an expert under

MRE 706. By stipulation of the parties, the court may also designate the expert as a

discovery mediator of ESI issues under this rule, in which case the parties should

address in the order appointing the mediator whether the restrictions of MCR

2.411(C)(3) and 2.412(D) should be modified to expand the scope of permissible

communications with the court.

ULE 2.412 MEDIATION COMMUNICATIONS; CONFIDENTIALITY AND DISCLOSURE

(A)Scope. This rule applies to cases that the court refers to mediation as defined and

conducted under MCR 2.411 and MCR 3.216.

(B)Definitions.

(1)“Mediator” means an individual who conducts a mediation.

(2)“Mediation communications” include statements whether oral or in a record, verbal

or nonverbal, that occur during the mediation process or are made for purposes of

retaining a mediator or for considering, initiating, preparing for, conducting,

participating in, continuing, adjourning, concluding, or reconvening a mediation.

(3)“Mediation party” means a person who or entity that participates in a mediation and

whose agreement is necessary to resolve the dispute.

(4)“Mediation participant” means a mediation party, a nonparty, an attorney for a

party, or a mediator who participates in or is present at a mediation.

Chapter 2. Civil Procedure Page 141 Updated June 21, 2024

(5)“Protected individual” is used as defined in the Estates and Protected Individuals

Code, MCL 700.1106(y).

(6)“Vulnerable” is used as defined in the Social Welfare Act, MCL 400.11(f).

(C)Confidentiality. Mediation communications are confidential. They are not subject to

discovery, are not admissible in a proceeding, and may not be disclosed to anyone other

than mediation participants except as provided in subrule (D).

(D)Exceptions to Confidentiality.Mediation communications may be disclosed under the

following circumstances:

(1)All mediation parties agree in writing to disclosure.

(2)A statute or court rule requires disclosure.

(3)The mediation communication is in the mediator’s report under MCR 2.411(C)(3)

or MCR 3.216(H)(6).

(4)The disclosure is necessary for a court to resolve disputes about the mediator’s fee.

(5)The disclosure is necessary for a court to consider issues about a party’s failure to

attend under MCR 2.410(D)(3).

(6)The disclosure is made during a mediation session that is open or is required by law

to be open to the public.

(7)Court personnel reasonably require disclosure to administer and evaluate the

mediation program.

(8)The mediation communication is

(a)a threat to inflict bodily injury or commit a crime,

(b)a statement of a plan to inflict bodily injury or commit a crime, or

(c)is used to plan a crime, attempt to commit or commit a crime, or conceal a

crime.

(9)The disclosure

(a)Involves a claim of abuse or neglect of a child, a protected individual, or a

vulnerable adult; and

(b)Is included in a report about such a claim or sought or offered to prove or

disprove such a claim; and

(i)Is made to a governmental agency or law enforcement official responsible

for the protection against such conduct, or

(ii)Is made in any subsequent or related proceeding based on the disclosure

under subrule (D)(9)(b)(i).

(10)The disclosure is included in a report of professional misconduct filed against a

mediation participant or is sought or offered to prove or disprove misconduct

allegations in the attorney disciplinary process.

Chapter 2. Civil Procedure Page 142 Updated June 21, 2024

(11)The mediation communication occurs in a case out of which a claim of

malpractice arises and the disclosure is sought or offered to prove or disprove a claim

of malpractice against a mediation participant.

(12)The disclosure is in a proceeding to enforce, rescind, reform, or avoid liability on a

document signed by the mediation parties or acknowledged by the parties on an audio

or video recording that arose out of mediation, if the court finds, after an in camera

hearing, that the party seeking discovery or the proponent of the evidence has shown

(a)that the evidence is not otherwise available, and

(b)that the need for the evidence substantially outweighs the interest in protecting

confidentiality.

(E)Scope of Disclosure When Permitted; Limitation on Confidentiality.

(1)If a mediation communication may be disclosed under subrule (D), only that

portion of the communication necessary for the application of the exception may be

disclosed.

(2)Disclosure of a mediation communication under subrule (D) does not render the

mediation communication subject to disclosure for another purpose.

(3)Evidence or information that is otherwise admissible or subject to discovery does

not become inadmissible or protected from discovery solely by reason of its disclosure

or use in a mediation.

ULE 2.420 SETTLEMENTS AND JUDGMENTS FOR MINORS AND LEGALLY INCAPACITATED

NDIVIDUALS

(A) Applicability. This rule governs the procedure to be followed for the entry of a

consent judgment, a settlement, or a dismissal pursuant to settlement in an action brought

for a minor or a legally incapacitated individual person by a next friend, guardian, or

conservator or where a minor or a legally incapacitated individual is to receive a

distribution from a wrongful death claim. Before an action is commenced, the settlement

of a claim on behalf of a minor or a legally incapacitated individual is governed by the

Estates and Protected Individuals Code.

(B) Procedure. In actions covered by this rule, a proposed consent judgment, settlement,

or dismissal pursuant to settlement must be brought before the judge to whom the action is

assigned, and the judge shall pass on the fairness of the proposal.

(1) If the claim is for damages because of personal injury to the minor or legally

incapacitated individual,

(a) the minor or legally incapacitated individual shall appear in court personally to

allow the judge an opportunity to observe the nature of the injury unless, for good

cause, the judge excuses the minor's or legally incapacitated individual’s presence,

and

Chapter 2. Civil Procedure Page 143 Updated June 21, 2024

(b) the judge may require medical testimony, by deposition or in court, if not

satisfied of the extent of the injury.

(2) If the next friend, guardian, or conservator is a person who has made a claim in the

same action and will share in the settlement or judgment of the minor or legally

incapacitated individual, then a guardian ad litem for the minor or legally

incapacitated individual must be appointed by the judge before whom the action is

pending to approve the settlement or judgment.

(3) If a guardian or conservator for the minor or legally incapacitated individual has

been appointed by a probate court the terms of the proposed settlement or judgment

may be approved by the court in which the action is pending upon a finding that the

payment arrangement is in the best interests of the minor or legally incapacitated

individual, but no judgment or dismissal may enter until the court receives written

verification from the probate court, on a form substantially in the form approved by

the state court administrator, that it has passed on the sufficiency of the bond and the

bond, if any, has been filed with the probate court.

(4) The following additional provisions apply to settlements for minors.

(a) If the settlement or judgment requires payment of more than $5,000 to the

minor either immediately, or if the settlement or judgment is payable in

installments that exceed $5000 in any single year during minority, a conservator

must be appointed by the probate court before the entry of the judgment or

dismissal. The judgment or dismissal must require that payment be made payable

to the minor’s conservator on behalf of the minor. The court shall not enter the

judgment or dismissal until it receives written verification, on a form substantially

in the form approved by the state court administrator, that the probate court has

passed on the sufficiency of the bond of the conservator.

(b) If the settlement or judgment does not require payment of more than $5,000 to

the minor in any single year, the money may be paid in accordance with the

provisions of MCL 700.5102.

(5) If a settlement or judgment provides for the creation of a trust for the minor or

legally incapacitated individual, the circuit court shall determine the amount to be paid

to the trust, but the trust shall not be funded without prior approval of the trust by the

probate court pursuant to notice to all interested persons and a hearing.

ULE 2.421 NOTICE OF BANKRUPTCY PROCEEDINGS

(A) Applicability. This rule applies to all state court actions in which a party is a named

debtor in a bankruptcy proceeding under 11 USC 101 et seq.

(B) Party Subject to Bankruptcy Proceeding. Any party in a state court action who is a

named debtor in a bankruptcy proceeding must

(1) file a notice of the bankruptcy proceeding in the state court action no later than 3

days after becoming subject to such bankruptcy proceeding, and

Chapter 2. Civil Procedure Page 144 Updated June 21, 2024

(2) serve the notice on all other parties in the state court action as provided in MCR

2.107.

a named debtor in a bankruptcy proceeding and notice of the bankruptcy proceeding in

subrule (B) has not previously been filed and served by the debtor, then such party may

(1) file a notice of the bankruptcy proceeding in the state court action, and

(2) serve the notice on all other parties in the state court action as provided in MCR

2.107.

(D) Notice Contents. Notice of a bankruptcy proceeding filed under this rule must, at a

minimum, include all of the following:

(1) name(s) of the debtor(s) described in subrule (A);

(2) the court name and case number(s) of the bankruptcy proceeding(s); and,

(3) if available, the name, telephone number, physical address, and email address for

the debtor’s attorney in the bankruptcy proceeding(s).

(E) Effect of Notice. If a notice is filed under this rule, the court may hold in abeyance any

further proceedings and may schedule a status conference to consider the administrative

closure of all or a portion of the state court action. To the extent that all or a portion of the

state court action is administratively closed under this subrule or otherwise, it may be

reopened if, on the motion of a party or on the court’s own initiative, the court determines

that the automatic stay has been lifted, removed, or otherwise no longer impairs

adjudication of all or a portion of the state court action.

(F) This rule does not abridge, enlarge, or in any way modify existing rights and

procedures under federal law, including bankruptcy proceedings under 11 USC 101 et seq.

SUBCHAPTER 2.500 TRIALS; SUBPOENAS; JURIES

RULE 2.501 SCHEDULING TRIALS; COURT CALENDARS

(A) Scheduling Conferences or Trial.

(1) Unless the further processing of the action is already governed by a scheduling

order under MCR 2.401(B)(2), the court shall

(a) schedule a pretrial conference under MCR 2.401,

(b) schedule the action for an alternative dispute resolution process,

(d) enter another appropriate order to facilitate preparation of the action for trial.

(2) A court may adopt a trial calendar or other method for scheduling trials without the

request of a party.

Chapter 2. Civil Procedure Page 145 Updated June 21, 2024

(B) Expedited Trials.

(1) On its own initiative, the motion of a party, or the stipulations of all parties, the

court may shorten the time in which an action will be scheduled for trial, subject to the

notice provisions of subrule (C).

(2) In scheduling trials, the court shall give precedence to actions involving a contest

over the custody of minor children and to other actions afforded precedence by statute

or court rule.

assignments, unless

(1) a rule or statute provides otherwise as to a particular type of action,

(2) the adjournment is of a previously scheduled trial, or

(3) the court otherwise directs for good cause.

Notice may be given orally if the party is before the court when the matter is scheduled, or

by mailing or delivering copies of the notice or calendar to attorneys of record and to any

party who appears on his or her own behalf.

(D) Attorney Scheduling Conflicts.

(1) The court and counsel shall make every attempt to avoid conflicts in the scheduling

of trials.

(2) When conflicts in scheduled trial dates do occur, it is the responsibility of counsel

to notify the court as soon as the potential conflict becomes evident. In such cases, the

courts and counsel involved shall make every attempt to resolve the conflict in an

equitable manner, with due regard for the priorities and time constraints provided by

statute and court rule. When counsel cannot resolve conflicts through consultation

with the individual courts, the judges shall consult directly to resolve the conflict.

(3) Except where a statute, court rule, or other special circumstance dictates otherwise,

priority for trial shall be given to the case in which the pending trial date was set first.

ULE 2.502 DISMISSAL FOR LACK OF PROGRESS

(A) Notice of Proposed Dismissal.

(1) On motion of a party or on its own initiative, the court may order that an action in

which no steps or proceedings appear to have been taken within 91 days be dismissed

for lack of progress unless the parties show that progress is being made or that the lack

of progress is not attributable to the party seeking affirmative relief.

(2) A notice of proposed dismissal may not be sent with regard to a case

(a) in which a scheduling order has been entered under MCR 2.401(B)(2) and the

times for completion of the scheduled events have not expired,

Chapter 2. Civil Procedure Page 146 Updated June 21, 2024

(b) which is set for a conference, an alternative dispute resolution process, hearing,

or trial.

(3) The notice shall be given in the manner provided in MCR 2.501(C) for notice of

trial.

(B) Action by Court.

(1) If a party does not make the required showing, the court may direct the clerk to

dismiss the action for lack of progress. Such a dismissal is without prejudice unless the

court specifies otherwise.

(2) If an action is not dismissed under this rule, the court shall enter orders to facilitate

the prompt and just disposition of the action.

reinstate an action dismissed for lack of progress on terms the court deems just. On

reinstating an action, the court shall enter orders to facilitate the prompt and just

disposition of the action.

ULE 2.503 ADJOURNMENTS

(A) Applicability. This rule applies to adjournments of trials, alternative dispute resolution

processes, pretrial conferences, and all motion hearings.

(B) Motion or Stipulation for Adjournment.

(1) Unless the court allows otherwise, a request for an adjournment must be by motion

or stipulation made in writing or orally in open court and is based on good cause.

(2) A motion or stipulation for adjournment must state

(a) which party is requesting the adjournment,

(b) the reason for it, and

number granted.

(3) The entitlement of a motion or stipulation for adjournment must specify whether it

is the first or a later request, e.g., “Plaintiff’s Request for Third Adjournment.”

(1) A motion to adjourn a proceeding because of the unavailability of a witness or

evidence must be made as soon as possible after ascertaining the facts.

(2) An adjournment may be granted on the ground of unavailability of a witness or

evidence only if the court finds that the evidence is material and that diligent efforts

have been made to produce the witness or evidence.

(3) If the testimony or the evidence would be admissible in the proceeding, and the

adverse party stipulates in writing or on the record that it is to be considered as

Chapter 2. Civil Procedure Page 147 Updated June 21, 2024

actually given in the proceeding, there may be no adjournment unless the court deems

an adjournment necessary.

(D) Order for Adjournment; Costs and Conditions.

(1) In its discretion the court may grant an adjournment to promote the cause of

justice. An adjournment may be entered by order of the court either in writing or on

the record in open court, and the order must state the reason for the adjournment.

(2) In granting an adjournment, the court may impose costs and conditions. When an

adjournment is granted conditioned on payment of costs, the costs may be taxed

summarily to be paid on demand of the adverse party or the adverse party's attorney,

and the adjournment may be vacated if nonpayment is shown by written statement

verified under MCR 1.109(D)(3).

(E) Rescheduling.

(1) Except as provided in subrule (E)(2), at the time the proceeding is adjourned under

this rule, or as soon thereafter as possible, the proceeding must be rescheduled for a

specific date and time.

(2) A court may place the matter on a specified list of actions or other matters which

will automatically reappear before the court on the first available date.

(F) Death or Change of Status of Attorney. If the court finds that an attorney

(1) has died or is physically or mentally unable to continue to act as an attorney for a

party,

(2) has been disbarred,

(3) has been suspended,

(4) has been placed on inactive status, or

(5) has resigned from active membership in the bar, the court shall adjourn a

proceeding in which the attorney was acting for a party. The party is entitled to 28

days' notice that he or she must obtain a substitute attorney or advise the court in

writing that the party intends to appear on his or her own behalf. See MCR 9.119.

ULE 2.504 DISMISSAL OF ACTIONS

(A) Voluntary Dismissal; Effect.

(1) By Plaintiff; by Stipulation. Subject to the provisions of MCR 2.420 and MCR

3.501(E), an action may be dismissed by the plaintiff without an order of the court and

on the payment of costs

(a) by filing a notice of dismissal before service by the adverse party of an answer

or of a motion under MCR 2.116, whichever first occurs; or

(b) by filing a stipulation of dismissal signed by all the parties.

Chapter 2. Civil Procedure Page 148 Updated June 21, 2024

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is

without prejudice, except that a dismissal under subrule (A)(1)(a) operates as an

adjudication on the merits when filed by a plaintiff who has previously dismissed an

action in any court based on or including the same claim.

(2) By Order of Court. Except as provided in subrule (A)(1), an action may not be

dismissed at the plaintiff's request except by order of the court on terms and conditions

the court deems proper.

(a) If a defendant has pleaded a counterclaim before being served with the

plaintiff's motion to dismiss, the court shall not dismiss the action over the

defendant's objection unless the counterclaim can remain pending for independent

adjudication by the court.

(b) Unless the order specifies otherwise, a dismissal under subrule (A)(2) is

without prejudice.

(B) Involuntary Dismissal; Effect.

(1) If a party fails to comply with these rules or a court order, upon motion by an

opposing party, or sua sponte, the court may enter a default against the noncomplying

party or a dismissal of the noncomplying party’s action or claims.

(2) In an action, claim, or hearing tried without a jury, after the presentation of the

plaintiff's evidence, the court, on its own initiative, may dismiss, or the defendant,

without waiving the defendant’s right to offer evidence if the motion is not granted,

may move for dismissal on the ground that on the facts and the law, the plaintiff has no

right to relief. The court may then determine the facts and render judgment against the

plaintiff, or may decline to render judgment until the close of all the evidence. If the

court renders judgment on the merits against the plaintiff, the court shall make

findings as provided in MCR 2.517.

(3) Unless the court otherwise specifies in its order for dismissal, a dismissal under

this subrule or a dismissal not provided for in this rule, other than a dismissal for lack

of jurisdiction or for failure to join a party under MCR 2.205, operates as an

adjudication on the merits.

the dismissal of a counterclaim, cross-claim, or third-party claim. A voluntary dismissal

by the claimant alone, pursuant to subrule (A)(1), must be made before service by the

adverse party of a responsive pleading or a motion under MCR 2.116, or, if no pleading or

motion is filed, before the introduction of evidence at the trial.

(D) Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action

in any court commences an action based on or including the same claim against the same

defendant, the court may order the payment of such costs of the action previously

dismissed as it deems proper and may stay proceedings until the plaintiff has complied

with the order.

Chapter 2. Civil Procedure Page 149 Updated June 21, 2024

(E) Dismissal for Failure to Serve Defendant. An action may be dismissed as to a

defendant under MCR 2.102(E).

ULE 2.505 CONSOLIDATION; SEPARATE TRIALS

(A) Consolidation. When actions involving a substantial and controlling common question

of law or fact are pending before the court, it may

(1) order a joint hearing or trial of any or all the matters in issue in the actions;

(2) order the actions consolidated; and

(3) enter orders concerning the proceedings to avoid unnecessary costs or delay.

(B) Separate Trials. For convenience or to avoid prejudice, or when separate trials will be

conducive to expedition and economy, the court may order a separate trial of one or more

claims, cross-claims, counterclaims, third-party claims, or issues.

ULE 2.506 SUBPOENA; ORDER TO ATTEND

(A) Attendance of Party or Witness.

(1) The court in which a matter is pending may by order or subpoena command a party

or witness to appear for the purpose of testifying in open court on a date and time

certain and from time to time and day to day thereafter until excused by the court, and/

or to produce documents, or other portable tangible things. A request for documents or

tangible things under this rule must comply with MCR 2.302(B) and any scheduling

order. A person or entity subpoenaed under this rule may file written objections to the

request for documents before the designated time for appearance; such objections shall

be adjudicated under subrule (H). This subrule does not apply to discovery subpoenas

(MCR 2.305) or requests for documents to a party where discovery is available (MCR

2.310). A copy of any subpoena for documents or tangible things shall be provided to

the opposing party or his/her counsel.

(2)A subpoena may specify the form or forms in which ESI is to be produced, subject

to objection. If the subpoena does not so specify, the person responding to the

subpoena must produce the information in a form or forms in which the person

ordinarily maintains it, or in a form or forms that are reasonably usable. A person

producing ESI need only produce the same information in one form.

(3)A person responding to a subpoena need not provide discovery of ESI from sources

that the person identifies as not reasonably accessible because of undue burden or cost.

In a hearing or submission under subrule (H), the person responding to the subpoena

must show that the information sought is not reasonably accessible because of undue

burden or cost. If that showing is made, the court may nonetheless order discovery

from such sources if the requesting party shows good cause, considering the

limitations of MCR 2.302(C). The court may specify conditions for such discovery,

including who bears the cost.

Chapter 2. Civil Procedure Page 150 Updated June 21, 2024

(4) The court may require a party and a representative of an insurance carrier for a

party with information and authority adequate for responsible and effective

participation in settlement discussions to be present or immediately available at trial.

(5) A subpoena may be issued only in accordance with this rule or MCR 2.305,

2.621(C), 9.112(D), 9.115(I)(1), or 9.221 and 9.234.

(B) Authorized Signatures.

(1) A subpoena signed by an attorney of record in the action or by the clerk of the

court in which the matter is pending has the force and effect of an order signed by the

judge of that court.

(2) For the purpose of this subrule, an authorized signature includes but is not limited

to signatures written by hand, printed, stamped, typewritten, engraved, photographed,

lithographed, or executed under MCR 1.109(E)(4).

(1) The signer of a subpoena must issue it for service on the witness sufficiently in

advance of the trial or hearing to give the witness reasonable notice of the date and

time the witness is to appear. Unless the court orders otherwise, the subpoena must be

served at least 2 days before the appearance or 14 days before the appearance when

documents are requested.

(2) The party having the subpoena issued must take reasonable steps to keep the

witness informed of adjournments of the scheduled trial or hearing.

(3) If the served witness notifies the party that it is impossible for the witness to be

present in court as directed, the party must either excuse the witness from attendance

at that time or notify the witness that a special hearing may be held to adjudicate the

issue.

(D) Form of Subpoena. A subpoena must:

(1) be entitled in the name of the People of the State of Michigan;

(2) be imprinted with the seal of the Supreme Court of Michigan;

(3) have typed or printed on it the name of the court in which the matter is pending;

(4) state the place where the trial or hearing is scheduled;

(5) state the title of the action in which the person is expected to testify;

(6) state the file number assigned by the court; and

(7) state that failure to obey the commands of the subpoena or reasonable directions of

the signer as to time and place to appear may subject the person to whom it is directed

to penalties for contempt of court.

The state court administrator shall develop and approve a subpoena form for statewide

use.

Chapter 2. Civil Procedure Page 151 Updated June 21, 2024

(E) Refusal of Witness to Attend or to Testify; Contempt.

(1) If a person fails to comply with a subpoena served in accordance with this rule or

with a notice under subrule (C)(2), the failure may be considered a contempt of court

by the court in which the action is pending.

(2) If a person refuses to be sworn or to testify regarding a matter not privileged after

being ordered to do so by the court, the refusal may be considered a contempt of court.

(F) Failure of Party to Attend. If a party or an officer, director, or managing agent of a

party fails to attend or produce documents or other tangible evidence pursuant to a

subpoena or an order to attend without having served written objections, the court may:

(1) stay further proceedings until the order is obeyed;

(2) tax costs to the other party or parties to the action;

(3) strike all or a part of the pleadings of that party;

(4) refuse to allow that party to support or oppose designated claims and defenses;

(5) dismiss the action or any part of it; or

(6) enter judgment by default against that party.

(G) Service of Subpoena and Order to Attend; Fees.

(1) A subpoena may be served anywhere in Michigan in the manner provided by MCR

2.105. The fee for attendance and mileage provided by law must be tendered to the

person on whom the subpoena is served at the time of service. Tender must be made in

cash, by money order, by cashier's check, or by a check drawn on the account of an

attorney of record in the action or the attorney's authorized agent.

(2) A subpoena may also be served by mailing to a witness a copy of the subpoena and

a postage-paid card acknowledging service and addressed to the party requesting

service. The fees for attendance and mileage provided by law are to be given to the

witness after the witness appears at the court, and the acknowledgment card must so

indicate. If the card is not returned, the subpoena must be served in the manner

provided in subrule (G)(1).

(3) A subpoena or order to attend directed to the Michigan Department of Corrections,

Michigan Department of Health and Human Services, Michigan State Police Forensic

Laboratory, other accredited forensic laboratory, law enforcement, or other

governmental agency may be served by electronic transmission, including by

facsimile or over a computer network, provided there is a memorandum of

understanding between the parties indicating the contact person, the method of

transmission, and the e-mail or facsimile number where the subpoena or order to

attend should be sent. A confirmation correspondence must be received from the

recipient within 2 business days after email or facsimile service is complete, and the

confirmation correspondence shall be filed with the court. If no confirmation

correspondence is provided within 2 business days after email or facsimile

transmission, the subpoena must be served in the manner provided in subrule (G)(1).

Chapter 2. Civil Procedure Page 152 Updated June 21, 2024

(4) A subpoena or order to attend directed to a party, or to an officer, director, or

managing agent of a party, may be served in the manner provided by MCR 2.107, and

fees and mileage need not be paid.

(H) Hearing on Subpoena or Order to attend.

(1) A person served with a subpoena or order to attend under this rule may appear

before the court in person or by writing to explain why the person should not be

compelled to comply with the subpoena, order to attend, or directions of the party

having it issued.

(2) The court may direct that a special hearing be held to adjudicate the issue.

(3) For good cause with or without a hearing, the court may excuse a witness from

compliance with a subpoena, the directions of the party having it issued, or an order to

attend.

(4) A person must comply with the command of a subpoena unless relieved by order

of the court or written direction of the person who had the subpoena issued except that

any obligation to produce documents, if timely written objections are served, is stayed

pending resolution under this subrule.

(5) Any party may move to quash or modify a subpoena by motion under MCR

2.302(C) filed before the time specified in the subpoena, and serve same upon the

nonparty, in which case the non-party’s obligation to respond is stayed until the

motion is resolved.

(I) Subpoena for Production of Hospital Medical Records.

(1) Except as provided in subrule (I)(5), a hospital may comply with a subpoena

calling for production of medical records belonging to the hospital in the manner

provided in this subrule. This subrule does not apply to x-ray films or to other portions

of a medical record that are not susceptible to photostatic reproduction.

(a) The hospital may deliver or mail to the clerk of the court in which the action is

pending, without cost to the parties, a complete and accurate copy of the original

record.

(b) The copy of the record must be accompanied by a sworn certificate, in the form

approved by the state court administrator, signed by the medical record librarian or

another authorized official of the hospital, verifying that it is a complete and

accurate reproduction of the original record.

shall be clearly marked to identify its contents. If the hospital wishes the record

returned when it is no longer needed in the action, that fact must be stated on the

container, and, with the record, the hospital must provide the clerk with a self-

addressed, stamped envelope that the clerk may use to return the record.

(d) The hospital shall promptly notify the attorney for the party who caused the

subpoena to be issued that the documents involved have been delivered or mailed

to the court in accordance with subrule (I)(1).

Chapter 2. Civil Procedure Page 153 Updated June 21, 2024

(2) The clerk shall keep the copies sealed in the container in which they were supplied

by the hospital. The container shall be clearly marked to identify the contents, the

name of the patient, and the title and number of the action. The container shall not be

opened except at the direction of the court.

(3) If the hospital has requested that the record be returned, the clerk shall return the

record to the hospital when 42 days have passed after a final order terminating the

action, unless an appeal has been taken. In the event of an appeal, the record shall be

returned when 42 days have passed after a final order terminating the appeal. If the

hospital did not request that the record be returned as provided in subrule (I)(1)(c), the

clerk may destroy the record after the time provided in this subrule.

(4) The admissibility of the contents of medical records produced under this rule or

under MCR 2.314 is not affected or altered by these procedures and remains subject to

the same objections as if the original records were personally produced by the

custodian at the trial or hearing.

(5) A party may have a subpoena issued directing that an original record of a person be

produced at the trial or hearing by the custodian of the record. The subpoena must

specifically state that the original records, not copies, are required. A party may also

require, by subpoena, the attendance of the custodian without the records.

ULE 2.507 CONDUCT OF TRIALS

(A) Opening Statements. Before the introduction of evidence, the attorney for the party

who is to commence the evidence must make a full and fair statement of that party's case

and the facts the party intends to prove. Immediately thereafter or immediately before the

introduction of evidence by the adverse party, the attorney for the adverse party must

make a like statement. Opening statements may be waived with the consent of the court

and the opposing attorney.

(B) Opening the Evidence. Unless otherwise ordered by the court, the plaintiff must first

present the evidence in support of the plaintiff's case. However, the defendant must first

present the evidence in support of his or her case, if

(1) the defendant's answer has admitted facts and allegations of the plaintiff's

complaint to the extent that, in the absence of further statement on the defendant's

behalf, judgment should be entered on the pleadings for the plaintiff, and

(2) the defendant has asserted a defense on which the defendant has the burden of

proof, either as a counterclaim or as an affirmative defense.

court, no more than one attorney for a party may examine or cross-examine a witness.

(D)Court View. On application of either party or on its own initiative, the court sitting as

trier of fact without a jury may view property or a place where a material event occurred.

Chapter 2. Civil Procedure Page 154 Updated June 21, 2024

(E) Final Arguments. After the close of all the evidence, the parties may rest their cases

with or without final arguments. The party who commenced the evidence is entitled to

open the argument and, if the opposing party makes an argument, to make a rebuttal

argument not beyond the issues raised in the preceding arguments.

(F) Time Allowed for Opening Statements and Final Arguments. The court may limit the

time allowed each party for opening statements and final arguments. It shall give the

parties adequate time for argument, having due regard for the complexity of the action,

and may make separate time allowances for co-parties whose interests are adverse.

(G) Agreements to be in Writing. An agreement or consent between the parties or their

attorneys respecting the proceedings in an action is not binding unless it was made in open

court, or unless evidence of the agreement is in writing, subscribed by the party against

whom the agreement is offered or by that party's attorney.

ULE 2.508 JURY TRIAL OF RIGHT

(A) Right Preserved. The right of trial by jury as declared by the constitution must be

preserved to the parties inviolate.

(B) Demand for Jury.

(1) A party may demand a trial by jury of an issue as to which there is a right to trial by

jury by filing a written demand for a jury trial within 28 days after the filing of the

answer or a timely reply. The demand for jury must be filed as a separate document.

The jury fee provided by law must be paid at the time the demand is filed.

(2) If a party appealing to the circuit court from a municipal court desires a trial by

jury of an issue triable of right, demand for jury must be included in the claim of

appeal. If another party desires trial by jury of an issue triable of right, the demand

must be included in the party's notice of appearance.

(3)(a) If a case is entirely removed from circuit court to district court, or is entirely

removed or transferred from district court to circuit court, a timely demand for a

trial by jury in the court from which the case is removed or transferred remains

effective in the court to which the case is removed or transferred. If a case is

entirely removed or transferred from district court to circuit court, and if the

amount paid to the district court for the jury fee is less than the circuit court jury

fee, then the party requesting the jury shall pay the difference to the circuit court. If

a case is entirely removed from circuit court to district court, no additional jury fee

is to be paid to the district court nor is there to be a refund of any amount by which

the circuit court jury fee exceeds the district court jury fee.

(b) If part of a case is removed from circuit court to district court, or part of a case

is removed or transferred from district court to circuit court, but a portion of the

case remains in the court from which the case is removed or transferred, then a

demand for a trial by jury in the court from which the case is removed or

transferred is not effective in the court to which the case is removed or transferred.

Chapter 2. Civil Procedure Page 155 Updated June 21, 2024

A party who seeks a trial by jury in the court to which the case is partially removed

or transferred must file a written demand for a trial by jury within 21 days of the

removal or transfer order, and must pay the jury fee provided by law, even if the

jury fee was paid in the court from which the case is removed or transferred.

case is entirely or partially removed or transferred does not preclude filing a

demand for a trial by jury in the court to which the case is removed or transferred.

A party who seeks a trial by jury in the court to which the case is removed or

transferred must file a written demand for a trial by jury within 21 days of the

removal or transfer order, and must pay the jury fee provided by law.

(d) A party who is added to a case after it has been removed or transferred may

demand trial by jury in accordance with paragraph (B)(1).

(1) In a demand for jury trial, a party may specify the issues the party wishes so tried;

otherwise, the party is deemed to have demanded trial by jury of all the issues so

triable.

(2) If a party has demanded trial by jury of only some of the issues, another party,

within 14 days after service of a copy of the demand or within less time as the court

may order, may serve a demand for trial by jury of another or all the issues of fact in

the action.

(D) Waiver; Withdrawal.

(1) A party who fails to file a demand or pay the jury fee as required by this rule

waives trial by jury.

(2) Waiver of trial by jury is not revoked by an amendment of a pleading asserting

only a claim or defense arising out of the conduct, transaction, or occurrence stated, or

attempted to be stated, in the original pleading.

(3) A demand for trial by jury may not be withdrawn without the consent, expressed in

writing or on the record, of the parties or their attorneys.

ULE 2.509 TRIAL BY JURY OR BY COURT

(A) By Jury. If a jury has been demanded as provided in MCR 2.508, the action or appeal

must be designated in the court records as a jury action. The trial of all issues so demanded

must be by jury unless

(1) the parties agree otherwise by stipulation in writing or on the record, or

(2) the court on motion or on its own initiative finds that there is no right to trial by

jury of some or all of those issues.

(B) By Court. Issues for which a trial by jury has not been demanded as provided in MCR

2.508 will be tried by the court. In the absence of a demand for a jury trial of an issue as to

Chapter 2. Civil Procedure Page 156 Updated June 21, 2024

which a jury demand might have been made of right, the court in its discretion may order

a trial by jury of any or all issues.

by the court, or in which a number of claims, cross-claims, defenses, counterclaims, or

third-party claims involve a common issue, the court may determine the sequence of trial

of the issues, preserving the constitutional right to trial by jury according to the basic

nature of every issue for which a demand for jury trial has been made under MCR 2.508.

(D) Advisory Jury and Trial by Consent. In appeals to circuit court from a municipal court

and in actions involving issues not triable of right by a jury because of the basic nature of

the issue, the court on motion or on its own initiative may

(1) try the issues with an advisory jury; or

(2) with the consent of all parties, order a trial with a jury whose verdict has the same

effect as if trial by jury had been a matter of right.

ULE 2.510 JUROR PERSONAL HISTORY QUESTIONNAIRE

(A) Form. The state court administrator shall adopt a juror personal history questionnaire.

(B) Completion of Questionnaire.

(1) The court clerk or the jury board, as directed by the chief judge, shall supply each

juror drawn for jury service with a questionnaire in the form adopted pursuant to

subrule (A). The court clerk or the jury board shall direct the juror to complete the

questionnaire before the juror is called for service.

(2) Refusal to answer the questions on the questionnaire, or answering the

questionnaire falsely, is contempt of court.

(1) On completion, the questionnaire shall be returned to the court clerk or the jury

board, as designated under subrule (B)(1). The only persons allowed to examine the

questionnaire are:

(a) the judges of the court;

(b) the court clerk and deputy clerks;

(d) persons authorized access by court rule or by court order.

(2) The attorneys must be given a reasonable opportunity to examine the

questionnaires before being called on to challenge for cause.

(a) The state court administrator shall develop model procedures for providing

attorneys and parties reasonable access to juror questionnaires.

Chapter 2. Civil Procedure Page 157 Updated June 21, 2024

(b) Each court shall select and implement one of these procedures by local

administrative order adopted pursuant to MCR 8.112(B). If the state court

administrator determines that, given the circumstances existing in an individual

court, the procedure selected does not provide reasonable access, the state court

administrator may direct the court to implement one of the other model

procedures.

questionnaires, an attorney or party may not release them to any person who would

not be entitled to examine them under subrule (C)(1).

(3) The questionnaires must be maintained for 3 years from the time they are returned.

They may be created and maintained in any medium authorized by court rules

pursuant to MCR 1.109.

(D) Summoning Jurors for Court Attendance. The court clerk, the court administrator, the

sheriff, or the jury board, as designated by the chief judge, shall summon jurors for court

attendance at the time and in the manner directed by the chief judge. For a juror's first

required court appearance, service must be by written notice addressed to the juror at the

juror's residence as shown by the records of the clerk or jury board. The notice may be by

ordinary mail or by personal service. For later service, notice may be in the manner

directed by the court. The person giving notice to jurors shall keep a record of the notice

and make a return if directed by the court. The return is presumptive evidence of the fact

of service.

(E) Special Provision Pursuant to MCL 600.1324. If a city located in more than one

county is entirely within a single district of the district court, jurors shall be selected for

court attendance at that district from a list that includes the names and addresses of jurors

from the entire city, regardless of the county where the juror resides or the county where

the cause of action arose.

ULE 2.511 IMPANELING THE JURY

(A) Selection of Jurors.

(1) Persons who have not been discharged or excused as prospective jurors by the

court are subject to selection for the action or actions to be tried during their term of

service as provided by law.

(2) In an action that is to be tried before a jury, the names or corresponding numbers of

the prospective jurors shall be deposited in a container, and the prospective jurors must

be selected for examination by a random blind draw from the container.

(3) The court may provide for random selection of prospective jurors for examination

from less than all of the prospective jurors not discharged or excused.

(4) Prospective jurors may be selected by any other fair and impartial method directed

by the court or agreed to by the parties.

Chapter 2. Civil Procedure Page 158 Updated June 21, 2024

(B) Alternate Jurors. The court may direct that 7 or more jurors be impaneled to sit. After

the instructions to the jury have been given and the action is ready to be submitted, unless

the parties have stipulated that all the jurors may deliberate, the names of the jurors must

be placed in a container and names drawn to reduce the number of jurors to 6, who shall

constitute the jury. The court may retain the alternate jurors during deliberations. If the

court does so, it shall instruct the alternate jurors not to discuss the case with any other

person until the jury completes its deliberations and is discharged. If an alternate juror

replaces a juror after the jury retires to consider its verdict, the court shall instruct the jury

to begin its deliberations anew.

attorneys for the parties to do so. If the court examines the prospective jurors, it must

permit the attorneys for the parties to

(1) ask further questions that the court considers proper, or

(2) submit further questions that the court may ask if it considers them proper.

(D) Discharge of Unqualified Juror. When the court finds that a person in attendance at

court as a juror is not qualified to serve as a juror, the court shall discharge him or her from

further attendance and service as a juror.

(E) Challenges for Cause. The parties may challenge jurors for cause, and the court shall

rule on each challenge. A juror challenged for cause may be directed to answer questions

pertinent to the inquiry. It is grounds for a challenge for cause that the person:

(1) is not qualified to be a juror;

(2) is biased for or against a party or attorney;

(3) shows a state of mind that will prevent the person from rendering a just verdict, or

has formed a positive opinion on the facts of the case or on what the outcome should

be;

(4) has opinions or conscientious scruples that would improperly influence the

person's verdict;

(5) has been subpoenaed as a witness in the action;

(6) has already sat on a trial of the same issue;

(7) has served as a grand or petit juror in a criminal case based on the same

transaction;

(8) is related within the ninth degree (civil law) of consanguinity or affinity to one of

the parties or attorneys;

(9) is the guardian, conservator, ward, landlord, tenant, employer, employee, partner,

or client of a party or attorney;

(10) is or has been a party adverse to the challenging party or attorney in a civil action,

or has complained of or has been accused by that party in a criminal prosecution;

Chapter 2. Civil Procedure Page 159 Updated June 21, 2024

(11) has a financial interest other than that of a taxpayer in the outcome of the action;

(12) is interested in a question like the issue to be tried.

Exemption from jury service is the privilege of the person exempt, not a ground for

challenge.

(F) Peremptory Challenges.

(1) A juror peremptorily challenged is excused without cause.

(2) Each party may peremptorily challenge three jurors. Two or more parties on the

same side are considered a single party for purposes of peremptory challenges.

However, when multiple parties having adverse interests are aligned on the same side,

three peremptory challenges are allowed to each party represented by a different

attorney, and the court may allow the opposite side a total number of peremptory

challenges not exceeding the total number of peremptory challenges allowed to the

multiple parties.

(3) Peremptory challenges must be exercised in the following manner:

(a) First the plaintiff and then the defendant may exercise one or more peremptory

challenges until each party successively waives further peremptory challenges or

all the challenges have been exercised, at which point jury selection is complete.

(b) A “pass” is not counted as a challenge but is a waiver of further challenge to

the panel as constituted at that time.

remaining challenges, that party may continue to exercise their remaining

peremptory challenges until such challenges are exhausted.

(G) Discrimination in the Selection Process.

(1) No person shall be subjected to discrimination during voir dire on the basis of race,

color, religion, national origin, or sex.

(2) Discrimination during voir dire on the basis of race, color, religion, national origin,

or sex for the purpose of achieving what the court believes to be a balanced,

proportionate, or representative jury in terms of these characteristics shall not

constitute an excuse or justification for a violation of this subsection.

(H) Replacement of Challenged Jurors. After the jurors have been seated in the jurors' box

and a challenge for cause is sustained or a peremptory challenge or challenges exercised,

another juror or other jurors must be selected and examined. Such jurors are subject to

challenge as are previously seated jurors.

(I) Oath of Jurors; Instruction regarding prohibited actions.

(1) The jury must be sworn by the clerk substantially as follows:

Chapter 2. Civil Procedure Page 160 Updated June 21, 2024

“Each of you do solemnly swear (or affirm) that, in this action now before the court,

you will justly decide the questions submitted to you, that, unless you are discharged

by the court from further deliberation, you will render a true verdict, and that you will

render your verdict only on the evidence introduced and in accordance with the

instructions of the court, so help you God.”

(2)

The court shall instruct the jurors that until their jury service is concluded, they

shall not

(a)discuss the case with others, including other jurors, except as otherwise

authorized by the court;

(b)read or listen to any news reports about the case;

(c)use a computer, cellular phone, or other electronic device with communication

capabilities while in attendance at trial or during deliberation. These devices may

be used during breaks or recesses but may not be used to obtain or disclose

information prohibited in subsection (d) below;

(d)use a computer, cellular phone, or other electronic device with communication

capabilities, or any other method, to obtain or disclose information about the case

when they are not in court. As used in this subsection, information about the case

includes, but is not limited to, the following:

(i) information about a party, witness, attorney, or court officer;

(ii)news accounts of the case;

(iii)information collected through juror research on any topics raised or

testimony offered by any witness;

(iv)information collected through juror research on any other topic the juror

might think would be helpful in deciding the case.

ULE 2.512 INSTRUCTIONS TO JURY

(A)Request for Instructions.

(1)At a time the court reasonably directs, the parties must file written requests that the

court instruct the jury on the law as stated in the requests. In the absence of a direction

from the court, a party may file a written request for jury instructions at or before the

close of the evidence.

(2)In addition to requests for instructions submitted under subrule (A)(1), after the

close of the evidence, each party shall submit in writing to the court a statement of the

issues and may submit the party’s theory of the case regarding each issue. The

statement must be concise, be narrative in form, and set forth as issues only those

disputed propositions of fact that are supported by the evidence. The theory may

include those claims supported by the evidence or admitted.

(3)A copy of the requested instructions must be served on the adverse parties in

accordance with MCR 2.107.

Chapter 2. Civil Procedure Page 161 Updated June 21, 2024

(4)The court shall inform the attorneys of its proposed action on the requests before

their arguments to the jury.

(5)The court need not give the statements of issues or theories of the case in the form

submitted if the court presents to the jury the material substance of the issues and

theories of each party.

(B)Instructing the Jury.

(1)At any time during the trial, the court may, with or without request, instruct the jury

on a point of law if the instruction will materially aid the jury in understanding the

proceedings and arriving at a just verdict.

(2)Before or after arguments or at both times, as the court elects, the court shall

instruct the jury on the applicable law, the issues presented by the case, and, if a party

requests as provided in subrule (A)(2), that party’s theory of the case.

(C)Objections. A party may assign as error the giving of or the failure to give an

instruction only if the party objects on the record before the jury retires to consider the

verdict (or, in the case of instructions given after deliberations have begun, before the jury

resumes deliberations), stating specifically the matter to which the party objects and the

grounds for the objection. Opportunity must be given to make the objection out of the

hearing of the jury.

(D)Model Civil Jury Instructions and Model Criminal Jury Instructions.

(1)The Committee on Model Civil Jury Instructions and the Committee on Model

Criminal Jury Instructions appointed by the Supreme Court have the authority to adopt

model jury instructions and to amend or repeal those instructions approved by the

predecessor committee. Before adopting, amending, or repealing an instruction, each

committee shall publish notice of the committee’s intent, together with the text of the

instruction to be adopted, or the amendment to be made, or a reference to the

instruction to be repealed, in the manner provided in MCR 1.201. The notice shall

specify the time and manner for commenting on the proposal. If the committee finds it

necessary to take immediate action, the committee may adopt a new instruction or

revision while the public comment period is pending. The committee shall thereafter

publish notice of its final action on the proposed change, including, if appropriate, the

effective date of the adoption, amendment, or repeal. A model jury instruction does

not have the force and effect of a court rule.

(2)Pertinent portions of the instructions approved by the Committee on Model Civil

Jury Instructions or the Committee on Model Criminal Jury Instructions or a

predecessor committee must be given in each action in which jury instructions are

given if

(a)they are applicable,

(b)they accurately state the applicable law, and

(c)they are requested by a party.

Chapter 2. Civil Procedure Page 162 Updated June 21, 2024

(3)Whenever a committee recommends that no instruction be given on a particular

matter, the court shall not give an instruction unless it specifically finds for reasons

stated on the record that

(a)the instruction is necessary to state the applicable law accurately, and

(b)the matter is not adequately covered by other pertinent model jury instructions.

(4)This subrule does not limit the power of the court to give additional instructions on

applicable law not covered by the model instructions. Additional instructions, when

given, must be patterned as nearly as practicable after the style of the model

instructions and must be concise, understandable, conversational, unslanted, and

nonargumentative.

ULE 2.513 CONDUCT OF JURY TRIAL

(A)Preliminary Instructions. After the jury is sworn and before evidence is taken, the court

shall orally provide the jury with pretrial instructions reasonably likely to assist in its

consideration of the case. Such instructions, at a minimum, shall communicate the duties

of the jury, trial procedure, and the law applicable to the case as are reasonably necessary

to enable the jury to understand the proceedings and the evidence. The jury also shall be

orally instructed about the elements of all civil claims or all charged offenses, as well as

the legal presumptions and burdens of proof. The court shall also provide each juror with a

written copy of such instructions. MCR 2.512(D)(2) does not apply to such preliminary

instructions.

(B) Court’s Responsibility. The trial court must control the proceedings during trial, limit

the evidence and arguments to relevant and proper matters, and take appropriate steps to

ensure that the jurors will not be exposed to information or influences that might affect

their ability to render an impartial verdict on the evidence presented in court. The court

may not communicate with the jury or any juror pertaining to the case without notifying

the parties and permitting them to be present. The court must ensure that all

communications pertaining to the case between the court and the jury or any juror are

made a part of the record.

(C)Opening Statements. Unless the parties and the court agree otherwise, the plaintiff or

the prosecutor, before presenting evidence, must make a full and fair statement of the case

and the facts the plaintiff or the prosecutor intends to prove. Immediately thereafter, or

immediately before presenting evidence, the defendant may make a similar statement. The

court may impose reasonable time limits on the opening statements.

(D)Interim Commentary. Each party may, in the court’s discretion, present interim

commentary at appropriate junctures of the trial.

(E)Reference Documents. The court may authorize or require counsel in civil and criminal

cases to provide the jurors with a reference document or notebook, the contents of which

should include, but which is not limited to, a list of witnesses, relevant statutory

provisions, and, in cases where the interpretation of a document is at issue, copies of the

Chapter 2. Civil Procedure Page 163 Updated June 21, 2024

relevant document. The court and the parties may supplement the reference document

during trial with copies of the preliminary jury instructions, admitted exhibits, and other

admissible information to assist jurors in their deliberations.

(F)Deposition Summaries. Where it appears likely that the contents of a deposition will be

read to the jury, the court should encourage the parties to prepare concise, written

summaries of depositions for reading at trial in lieu of the full deposition. Where a

summary is prepared, the opposing party shall have the opportunity to object to its

contents. Copies of the summaries should be provided to the jurors before they are read.

(G)Scheduling Expert Testimony. In a civil action, the court may, in its discretion, craft a

procedure for the presentation of all expert testimony to assist the jurors in performing

their duties. Such procedures may include, but are not limited to:

(1)Scheduling the presentation of the parties’ expert witnesses sequentially; or

(2)allowing the opposing experts to be present during the other’s testimony and to aid

counsel in formulating questions to be asked of the testifying expert on cross-

examination.

(H)Note Taking by Jurors. The court may permit the jurors to take notes regarding the

evidence presented in court. If the court permits note taking, it must instruct the jurors that

they need not take notes, and they should not permit note taking to interfere with their

attentiveness. If the court allows jurors to take notes, jurors must be allowed to refer to

their notes during deliberations, but the court must instruct the jurors to keep their notes

confidential except as to other jurors during deliberations. The court shall ensure that all

juror notes are collected and destroyed when the trial is concluded.

(I)Juror Questions. The court may permit the jurors to ask questions of witnesses. If the

court permits jurors to ask questions, it must employ a procedure that ensures that such

questions are addressed to the witnesses by the court itself, that inappropriate questions

are not asked, and that the parties have an opportunity outside the hearing of the jury to

object to the questions. The court shall inform the jurors of the procedures to be followed

for submitting questions to witnesses.

(J)Jury View. On motion of either party, on its own initiative, or at the request of the jury,

the court may order a jury view of property or of a place where a material event occurred.

The parties are entitled to be present at the jury view, provided, however, that in a criminal

case, the court may preclude a defendant from attending a jury view in the interests of

safety and security. During the view, no person, other than an officer designated by the

court, may speak to the jury concerning the subject connected with the trial. Any such

communication must be recorded in some fashion.

(K)Juror Discussion. In a civil case, after informing the jurors that they are not to decide

the case until they have heard all the evidence, instructions of law, and arguments of

counsel, the court may instruct the jurors that they are permitted to discuss the evidence

among themselves in the jury room during trial recesses. The jurors should be instructed

Chapter 2. Civil Procedure Page 164 Updated June 21, 2024

that such discussions may only take place when all jurors are present and that such

discussions must be clearly understood as tentative pending final presentation of all

evidence, instructions, and argument.

(L)Closing Arguments. After the close of all the evidence, the parties may make closing

arguments. The plaintiff or the prosecutor is entitled to make the first closing argument. If

the defendant makes an argument, the plaintiff or the prosecutor may offer a rebuttal

limited to the issues raised in the defendant’s argument. The court may impose reasonable

time limits on the closing arguments.

(M)Summing up the Evidence. After the close of the evidence and arguments of counsel,

the court may fairly and impartially sum up the evidence if it also instructs the jury that it

is to determine for itself the weight of the evidence and the credit to be given to the

witnesses and that jurors are not bound by the court’s summation. The court shall not

comment on the credibility of witnesses or state a conclusion on the ultimate issue of fact

before the jury.

(N)Final Instructions to the Jury.

(1)Before closing arguments, the court must give the parties a reasonable opportunity

to submit written requests for jury instructions. Each party must serve a copy of the

written requests on all other parties. The court must inform the parties of its proposed

action on the requests before their closing arguments. After closing arguments are

made or waived, the court must orally instruct the jury as required and appropriate, but

at the discretion of the court, and on notice to the parties, the court may orally instruct

the jury before the parties make closing arguments. After jury deliberations begin, the

court may give additional instructions that are appropriate.

(2)Solicit Questions about Final Instructions. As part of the final jury instructions, the

court shall advise the jury that it may submit in a sealed envelope given to the bailiff

any written questions about the jury instructions that arise during deliberations. After

orally delivering the final instructions, the court shall invite the jurors to ask any

questions in order to clarify the instructions before they retire to deliberate.

If questions arise, the court and the parties shall convene, in the courtroom or by other

agreed-upon means. The question shall be read into the record, and the attorneys shall

offer comments on an appropriate response. The court may, in its discretion, provide

the jury with a specific response to the jury’s question, but the court shall respond to

all questions asked, even if the response consists of a directive for the jury to continue

its deliberations.

(3)Copies of Final Instructions. The court shall provide a written copy of the final jury

instructions to take into the jury room for deliberation. Upon request by any juror, the

court may provide additional copies as necessary. The court, in its discretion, also may

provide the jury with a copy of electronically recorded instructions.

(4)Clarifying or Amplifying Final Instructions. When it appears that a deliberating

jury has reached an impasse, or is otherwise in need of assistance, the court may invite

Chapter 2. Civil Procedure Page 165 Updated June 21, 2024

the jurors to list the issues that divide or confuse them in the event that the judge can

be of assistance in clarifying or amplifying the final instructions.

(O)Materials in the Jury Room. The court shall permit the jurors, on retiring to deliberate,

to take into the jury room their notes and final instructions. The court may permit the

jurors to take into the jury room the reference document, if one has been prepared, as well

as any exhibits and writings admitted into evidence.

(P)Provide Testimony or Evidence. If, after beginning deliberation, the jury requests a

review of certain testimony or evidence that has not been allowed into the jury room under

subrule (O), the court must exercise its discretion to ensure fairness and to refuse

unreasonable requests, but it may not refuse a reasonable request. The court may make a

video or audio recording of witness testimony, or prepare an immediate transcript of such

testimony, and such tape or transcript, or other testimony or evidence, may be made

available to the jury for its consideration. The court may order the jury to deliberate

further without the requested review, as long as the possibility of having the testimony or

evidence reviewed at a later time is not foreclosed.

ULE 2.514 RENDERING VERDICT

(A)Majority Verdict; Stipulations Regarding Number of Jurors and Verdict. The parties

may stipulate in writing or on the record that

(1)the jury will consist of any number less than 6,

(2)a verdict or a finding of a stated majority of the jurors will be taken as the verdict or

finding of the jury, or

(3)if more than 6 jurors were impaneled, all the jurors may deliberate.

Except as provided in MCR 5.740(C), in the absence of such stipulation, a verdict in a

civil action tried by 6 jurors will be received when 5 jurors agree.

(B)Return; Poll.

(1)The jury must return its verdict in open court.

(2)A party may require a poll to be taken by the court asking each juror if it is his or

her verdict.

(3)If the number of jurors agreeing is less than required, the jury must be sent back for

further deliberation; otherwise, the verdict is complete, and the court shall discharge

the jury.

(C)Discharge From Action; New Jury. The court may discharge a jury from the action:

(1)because of an accident or calamity requiring it;

(2)by consent of all the parties;

(3)whenever an adjournment or mistrial is declared;

Chapter 2. Civil Procedure Page 166 Updated June 21, 2024

(4)whenever the jurors have deliberated and it appears that they cannot agree.

The court may order another jury to be drawn, and the same proceedings may be had

before the new jury as might have been had before the jury that was discharged.

(D)Responsibility of Officers.

(1)All court officers, including trial attorneys, must attend during the trial of an action

until the verdict of the jury is announced.

(2)A trial attorney may, on request, be released by the court from further attendance,

or the attorney may designate an associate or other attorney to act for him or her

during the deliberations of the jury.

ULE 2.515 SPECIAL VERDICTS

(A)Use of Special Verdicts; Form. The court may require the jury to return a special

verdict in the form of a written finding on each issue of fact, rather than a general verdict.

If a special verdict is required, the court shall, in advance of argument and in the absence

of the jury, advise the attorneys of this fact and, on the record or in writing, settle the form

of the verdict. The court may submit to the jury:

(1)written questions that may be answered categorically and briefly;

(2)written forms of the several special findings that might properly be made under the

pleadings and evidence; or

(3)the issues by another method, and require the written findings it deems most

appropriate.

The court shall give to the jury the necessary explanation and instruction concerning

the matter submitted to enable the jury to make its findings on each issue.

(B)Judgment. After a special verdict is returned, the court shall enter judgment in

accordance with the jury's findings.

(C)Failure to Submit Question; Waiver; Findings by Court. If the court omits from the

special verdict form an issue of fact raised by the pleadings or the evidence, a party waives

the right to a trial by jury of the issue omitted unless the party demands its submission to

the jury before it retires for deliberations. The court may make a finding with respect to an

issue omitted without a demand. If the court fails to do so, it is deemed to have made a

finding in accord with the judgment on the special verdict.

ULE 2.516 MOTION FOR DIRECTED VERDICT

A party may move for a directed verdict at the close of the evidence offered by an

opponent. The motion must state specific grounds in support of the motion. If the motion is not

granted, the moving party may offer evidence without having reserved the right to do so, as if the

motion had not been made. A motion for a directed verdict that is not granted is not a waiver of

trial by jury, even though all parties to the action have moved for directed verdicts.

Chapter 2. Civil Procedure Page 167 Updated June 21, 2024

RULE 2.517 FINDINGS BY COURT

(A) Requirements.

(1) In actions tried on the facts without a jury or with an advisory jury, the court shall

find the facts specially, state separately its conclusions of law, and direct entry of the

appropriate judgment.

(2) Brief, definite, and pertinent findings and conclusions on the contested matters are

sufficient, without over elaboration of detail or particularization of facts.

(3) The court may state the findings and conclusions on the record or include them in a

written opinion.

(4) Findings of fact and conclusions of law are unnecessary in decisions on motions

unless findings are required by a particular rule. See, e.g., MCR 2.504(B).

(5) The clerk shall notify the attorneys for the parties of the findings of the court.

(6) Requests for findings are not necessary for purposes of review.

(7) No exception need be taken to a finding or decision.

(B) Amendment. On motion of a party made within 21 days after entry of judgment, the

court may amend its findings or make additional findings, and may amend the judgment

accordingly. The motion may be made with a motion for new trial pursuant to MCR 2.611.

When findings of fact are made in an action tried by the court without a jury, the question

of the sufficiency of the evidence to support the findings may thereafter be raised whether

the party raising the question has objected to the findings or has moved to amend them or

for judgment.

ULE 2.518 RECEIPT AND RETURN OR DISPOSAL OF EXHIBITS

(A) Receipt of Exhibits. Except as otherwise required by statute or court rule, materials

that are intended to be used as evidence at or during a trial shall not be filed with the clerk

of the court, but shall be submitted to the judge for introduction into evidence as exhibits.

Exhibits introduced into evidence at or during court proceedings shall be received and

maintained as provided by Michigan Supreme Court trial court records management

standards. As defined in MCR 1.109, exhibits received and accepted into evidence under

this rule are not court records.

(B) Return or Disposal of Exhibits. At the conclusion of a trial or hearing, the court shall

direct the parties to retrieve the exhibits submitted by them except that any weapons and

drugs shall be returned to the confiscating agency for proper disposition. If the exhibits are

not retrieved by the parties as directed within 56 days after conclusion of the trial or

hearing, the court may properly dispose of the exhibits without notice to the parties.

1.109(D) or an exhibit submitted pursuant to this rule after a hearing or trial and the

Chapter 2. Civil Procedure Page 168 Updated June 21, 2024

material is confidential as provided by law, court rule, or court order pursuant to MCR

8.119(I), the court must continue to maintain the material in a confidential manner.

SUBCHAPTER 2.600 JUDGMENTS AND ORDERS; POSTJUDGMENT PROCEEDINGS

RULE 2.601 JUDGMENTS

(A) Relief Available. Except as provided in subrule (B), every final judgment may grant

the relief to which the party in whose favor it is rendered is entitled, even if the party has

not demanded that relief in his or her pleadings.

(B) Default Judgment. A judgment by default may not be different in kind from, nor

exceed in amount, the relief demanded in the pleading, unless notice has been given

pursuant to MCR 2.603(B)(1).

ULE 2.602 ENTRY OF JUDGMENTS AND ORDERS

(A) Signing; Statement; Date of Entry.

(1) Except as provided in this rule and in MCR 2.603, all judgments and orders must

be in writing, signed by the court and dated with the date they are signed.

(2) The date of signing an order or judgment is the date of entry.

(3) Each judgment must state, immediately preceding the judge's signature, whether it

resolves the last pending claim and closes the case. Such a statement must also appear

on any other order that disposes of the last pending claim and closes the case.

(4) Where electronic filing is implemented, judgments and orders must be issued

under the seal of the court.

(B) Procedure of Entry of Judgments and Orders. An order or judgment shall be entered

by one of the following methods:

(1) The court may sign the judgment or order at the time it grants the relief provided

by the judgment or order.

(2) The court shall sign the judgment or order when its form is approved by all the

parties and if, in the court's determination, it comports with the court's decision.

(3) Within 7 days after the granting of the judgment or order, or later if the court

allows, a party may serve a copy of the proposed judgment or order on the other

parties, with a notice to them that it will be submitted to the court for signing if no

written objections to its accuracy or completeness are filed with the court clerk within

7 days after service of the notice. The party must file with the court clerk the notice

and proof of service along with the proposed judgment or order.

(a) If no written objections are filed within 7 days of the date of service of the

notice, the judge shall sign the judgment or order if, in the court's determination, it

comports with the court's decision. If the proposed judgment or order does not

Chapter 2. Civil Procedure Page 169 Updated June 21, 2024

comport with the decision, the court shall direct the clerk to notify the parties to

appear before the court on a specified date for settlement of the matter.

(b) Objections regarding the accuracy or completeness of the judgment or order

must state with specificity the inaccuracy or omission.

MCR 2.107, together with a notice of hearing and an alternative proposed

judgment or order.

(d) The court must schedule the hearing upon filing of the first objection, and the

party filing the objection must serve the notice of hearing under subrule (B)(3)(c).

Other parties to the action may file objections with the court through the end of the

7-day period. The court must schedule a hearing for all objections within 14 days

after the first objection is filed or as soon as is practical afterward.

(4) A party may prepare a proposed judgment or order and notice it for settlement

before the court. Pursuant to MCR 2.119(G)(3)(b), a motion fee may not be charged.

under the following conditions:

(1) A consent order for conditional dismissal shall be signed and approved by all

parties and shall clearly state the terms for reinstatement of the case and entry of

judgment.

(2) If the breaching party defaults on the terms of the settlement agreement as

provided for in the conditional dismissal order, the non-defaulting party may seek

entry of an order for reinstatement of the case and entry of judgment.

(a) To obtain an order for reinstatement of the case and entry of judgment, the non-

defaulting party shall file with the court an affidavit stating that the breaching

party defaulted on the terms of the settlement agreement.

(b) The non-defaulting party shall serve a copy of an affidavit of non-compliance

on the breaching party at its current address listed in the court records and file

proof of service with the court.

without notice or further process, the court shall enter the proposed judgment upon

determining the conditions for entry of judgment in the conditional dismissal order

are satisfied.

(d) If the order for conditional dismissal does not provide for immediate entry of

judgment, the affidavit shall be accompanied by a notice to the breaching party

that an order for reinstatement and for entry of judgment is being submitted to the

court for entry if no written objections to its accuracy or completeness are filed

with the court clerk within 14 days after service of the notice. Unless an objection

is filed within 14 days after service of the notice, an order for reinstatement of the

case and entry of judgment shall be signed by the court and entered.

Chapter 2. Civil Procedure Page 170 Updated June 21, 2024

(i) An objection must be verified and state with specificity the reasons that an

order for reinstatement of the case and entry of judgment should not enter.

(ii) If an objection is filed, the court shall set a hearing and serve notice of that

hearing to all parties.

(iii) This 14-day notice provision may be waived in cases filed pursuant to

MCR 4.201 if such waiver is acknowledged in writing.

(3) For the purposes of any statute of limitation, an action conditionally dismissed

under this rule is deemed to have been initiated on the date the original complaint was

properly filed.

(4) All parties to a conditional dismissal bear the affirmative duty to inform the court

with jurisdiction over that case of any change of address until the terms of the

settlement agreement have been satisfied.

(D) Placement in Case File. The signed judgment or order must be placed in the case file.

(E) Service.

(1) The party securing the signing of the judgment or order shall serve a copy, within 7

days after it has been signed, on all other parties, and file proof of service with the

court clerk.

(2) If a judgment for reimbursement to the state for the value of game or protected

animals is entered pursuant to MCL 324.40119 or for the value of fish is entered

pursuant to MCL 324.48740, the clerk shall provide a copy of the judgment to the

Department of Natural Resources. The judgment may be enforced as a civil judgment.

ULE 2.603 DEFAULT AND DEFAULT JUDGMENT

(A) Entry of Default; Notice; Effect.

(1) If a party against whom a judgment for affirmative relief is sought has failed to

plead or otherwise defend as provided by these rules, the clerk must enter the default

of that party if that fact is:

(a) known to the clerk of the court, or

(b) verified in the manner prescribed by MCR 1.109(D)(3) and filed with the court

in a request for default.

(2) Notice that the default has been entered must be sent to all parties who have

appeared and to the defaulted party. If the defaulted party has not appeared, the notice

to the defaulted party may be served by personal service, by ordinary first-class mail at

his or her last known address or the place of service, or as otherwise directed by the

court.

The notice must be sent by the party who sought entry of the default. Proof of service

and a copy of the notice must be filed with the court.

Chapter 2. Civil Procedure Page 171 Updated June 21, 2024

(3) After the default of a party has been entered, that party may not proceed with the

action until the default has been set aside by the court in accordance with subrule (D)

or MCR 2.612.

(B) Default Judgment.

(1) Notice of Request for Default Judgment.

(a) A party requesting a default judgment must give notice of the request to the

defaulted party, if

(i) the party against whom the default judgment is sought has appeared in the

action;

(ii) the request for entry of a default judgment seeks relief different in kind

from, or greater in amount than, that stated in the pleadings; or

(iii) the pleadings do not state a specific amount demanded.

(b) The notice required by this subrule must be served at least 7 days before entry

of the requested default judgment.

provided by MCR 2.107. If the defaulted party has not appeared, the notice may be

served by personal service, by ordinary first-class mail at the defaulted party's last

known address or the place of service, or as otherwise directed by the court.

(d) If the default is entered for failure to appear for a scheduled trial, notice under

this subrule is not required.

(2) Default Judgment Entered by Clerk. On written request of the plaintiff verified

under MCR 1.109(D)(3) as to the amount due, the clerk may sign and enter a default

judgment for that amount and costs against the defendant, if

(a) the plaintiff's claim against a defendant is for a sum certain or for a sum that

can by computation be made certain;

(b) the default was entered because the defendant failed to appear;

(d) the damages amount requested is not greater than the amount stated in the

complaint.

(3) Default Judgment Entered by Court. In all other cases, the party entitled to a

default judgment must file a motion that asks the court to enter the default judgment.

(a) A default judgment may not be entered against a minor or an incompetent

person unless the person is represented in the action by a conservator, guardian ad

litem, or other representative.

(b) If, in order for the court to enter a default judgment or to carry it into effect, it is

necessary to

(i) take an account,

Chapter 2. Civil Procedure Page 172 Updated June 21, 2024

(ii) determine the amount of damages,

(iii) establish the truth of an allegation by evidence, or

(iv) investigate any other matter, the court may conduct hearings or order

references it deems necessary and proper, and shall accord a right of trial by

jury to the parties to the extent required by the constitution.

(4) Notice of Entry of Default Judgment. The party who sought entry of the default

judgment must promptly serve all parties with the default judgment. The default

judgment shall be mailed to the defendant's last known address or the address of the

place of service. Proof of service must be filed with the court.

judgment is entered in actions in which the defendant has failed to appear.

(D) Setting Aside Default or Default Judgment.

(1) A motion to set aside a default or a default judgment, except when grounded on

lack of jurisdiction over the defendant, shall be granted only if good cause is shown

and a statement of facts showing a meritorious defense, verified in the manner

prescribed by MCR 1.109(D)(3), is filed.

(2) Except as provided in MCR 2.612, if personal service was made on the party

against whom the default was taken, the default, and default judgment if one has been

entered, may be set aside only if the motion is filed

(a) before entry of a default judgment, or

(b) if a default judgment has been entered, within 21 days after the default

judgment was entered.

(3) In addition, the court may set aside a default and a default judgment in accordance

with MCR 2.612.

(4) An order setting aside the default or default judgment must be conditioned on the

defaulted party paying the taxable costs incurred by the other party in reliance on the

default or default judgment, except as prescribed in MCR 2.625(D). The order may

also impose other conditions the court deems proper, including a reasonable attorney

fee.

(E) Application to Parties Other Than Plaintiff. The provisions of this rule apply whether

the party entitled to the default judgment is a plaintiff or a party who pleaded a cross-claim

or counterclaim. In all cases a default judgment is subject to the limitations of MCR

2.601(B).

ULE 2.604 JUDGMENT IN ACTIONS INVOLVING MULTIPLE CLAIMS OR MULTIPLE PARTIES

(A) Except as provided in subrule (B), an order or other form of decision adjudicating

fewer than all the claims, or the rights and liabilities of fewer than all the parties, does not

terminate the action as to any of the claims or parties, and the order is subject to revision

Chapter 2. Civil Procedure Page 173 Updated June 21, 2024

before entry of final judgment adjudicating all the claims and the rights and liabilities of

all the parties. Such an order or other form of decision is not appealable as of right before

entry of final judgment. A party may file an application for leave to appeal from such an

order.

(B) In receivership and similar actions, the court may direct that an order entered before

adjudication of all of the claims and rights and liabilities of all the parties constitutes a

final order on an express determination that there is no just reason for delay.

ULE 2.605 DECLARATORY JUDGMENTS

(A) Power to Enter Declaratory Judgment.

(1) In a case of actual controversy within its jurisdiction, a Michigan court of record

may declare the rights and other legal relations of an interested party seeking a

declaratory judgment, whether or not other relief is or could be sought or granted.

(2) For the purpose of this rule, an action is considered within the jurisdiction of a

court if the court would have jurisdiction of an action on the same claim or claims in

which the plaintiff sought relief other than a declaratory judgment.

(B) Procedure. The procedure for obtaining declaratory relief is in accordance with these

rules, and the right to trial by jury may be demanded under the circumstances and in the

manner provided in the constitution, statutes, and court rules of the State of Michigan.

a judgment for declaratory relief in an appropriate case.

(D) Hearing. The court may order a speedy hearing of an action for declaratory relief and

may advance it on the calendar.

(E) Effect; Review. Declaratory judgments have the force and effect of, and are

reviewable as, final judgments.

(F) Other Relief. Further necessary or proper relief based on a declaratory judgment may

be granted, after reasonable notice and hearing, against a party whose rights have been

determined by the declaratory judgment.

ULE 2.610 MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT

(A) Motion.

(1) Within 21 days after entry of judgment, a party may move to have the verdict and

judgment set aside, and to have judgment entered in the moving party's favor. The

motion may be joined with a motion for a new trial, or a new trial may be requested in

the alternative.

Chapter 2. Civil Procedure Page 174 Updated June 21, 2024

(2) If a verdict was not returned, a party may move for judgment within 21 days after

the jury is discharged.

(3) A motion to set aside or otherwise nullify a verdict or a motion for a new trial is

deemed to include a motion for judgment notwithstanding the verdict as an alternative.

(B) Ruling.

(1) If a verdict was returned, the court may allow the judgment to stand or may reopen

the judgment and either order a new trial or direct the entry of judgment as requested

in the motion.

(2) If a verdict was not returned, the court may direct the entry of judgment as

requested in the motion or order a new trial.

(3) In ruling on a motion under this rule, the court must give a concise statement of the

reasons for the ruling, either in a signed order or opinion filed in the action, or on the

record.

(1) If the motion for judgment notwithstanding the verdict under subrule (A) is

granted, the court shall also conditionally rule on any motion for a new trial,

determining whether it should be granted if the judgment is vacated or reversed, and

shall specify the grounds for granting or denying the motion for a new trial.

(2) A conditional ruling under this subrule has the following effects:

(a) If the motion for a new trial is conditionally granted, that ruling does not affect

the finality of the judgment.

(b) If the motion for a new trial is conditionally granted and the judgment is

reversed on appeal, the new trial proceeds unless the appellate court orders

otherwise.

assert error in that denial. If the judgment is reversed on appeal, subsequent

proceedings are in accordance with the order of the appellate court.

(D) Motion for New Trial After Ruling. The party whose verdict has been set aside on a

motion for judgment notwithstanding the verdict may serve and file a motion for a new

trial pursuant to MCR 2.611 within 14 days after entry of judgment. A party who fails to

move for a new trial as provided in this subrule has waived the right to move for a new

trial.

(E) Appeal After Denial of Motion.

(1) If the motion for judgment notwithstanding the verdict is denied, the party who

prevailed on that motion may, as appellee, assert grounds entitling that party to a new

trial if the appellate court concludes that the trial court erred in denying the motion for

judgment notwithstanding the verdict.

Chapter 2. Civil Procedure Page 175 Updated June 21, 2024

(2) If the appellate court reverses the judgment, nothing in this rule precludes it from

determining that the appellee is entitled to a new trial, or from directing the trial court

to determine whether a new trial should be granted.

ULE 2.611 NEW TRIALS; AMENDMENT OF JUDGMENTS

(A) Grounds.

(1) A new trial may be granted to all or some of the parties, on all or some of the

issues, whenever their substantial rights are materially affected, for any of the

following reasons:

(a) Irregularity in the proceedings of the court, jury, or prevailing party, or an order

of the court or abuse of discretion which denied the moving party a fair trial.

(b) Misconduct of the jury or of the prevailing party.

or prejudice.

(d) A verdict clearly or grossly inadequate or excessive.

(e) A verdict or decision against the great weight of the evidence or contrary to

law.

(f) Material evidence, newly discovered, which could not with reasonable

diligence have been discovered and produced at trial.

(g) Error of law occurring in the proceedings, or mistake of fact by the court.

(h) A ground listed in MCR 2.612 warranting a new trial.

(2) On a motion for a new trial in an action tried without a jury, the court may

(a) set aside the judgment if one has been entered,

(b) take additional testimony,

(d) make new findings and conclusions and direct the entry of a new judgment.

(B) Time for Motion. A motion for a new trial made under this rule or a motion to alter or

amend a judgment must be filed and served within 21 days after entry of the judgment.

initiative may order a new trial for a reason for which it might have granted a new trial on

motion of a party. The order must specify the grounds on which it is based.

(D) Affidavits.

(1) If the facts stated in the motion for a new trial or to amend the judgment do not

appear on the record of the action, the motion must be supported by affidavit, which

must be filed and served with the motion.

Chapter 2. Civil Procedure Page 176 Updated June 21, 2024

(2) The opposing party has 21 days after service within which to file and serve

opposing affidavits. The period may be extended by the parties by written stipulation

for 21 additional days, or may be extended or shortened by the court for good cause

shown.

(3) The court may permit reply affidavits and may call and examine witnesses.

(E) Remittitur and Additur.

(1) If the court finds that the only error in the trial is the inadequacy or excessiveness

of the verdict, it may deny a motion for new trial on condition that within 14 days the

nonmoving party consent in writing to the entry of judgment in an amount found by

the court to be the lowest (if the verdict was inadequate) or highest (if the verdict was

excessive) amount the evidence will support.

(2) If the moving party appeals, the agreement in no way prejudices the nonmoving

party's argument on appeal that the original verdict was correct. If the nonmoving

party prevails, the original verdict may be reinstated by the appellate court.

(F) Ruling on Motion. In ruling on a motion for a new trial or a motion to amend the

judgment, the court shall give a concise statement of the reasons for the ruling, either in an

order or opinion filed in the action or on the record.

(G) Notice of Decision. The clerk must notify the parties of the decision on the motion for

a new trial, unless the decision is made on the record while the parties are present.

ULE 2.612 RELIEF FROM JUDGMENT OR ORDER

(A) Clerical Mistakes.

(1) Clerical mistakes in judgments, orders, or other parts of the record and errors

arising from oversight or omission may be corrected by the court at any time on its

own initiative or on motion of a party and after notice, if the court orders it.

(2) If a claim of appeal is filed or an appellate court grants leave to appeal, the trial

court may correct errors as provided in MCR 7.208(A) and (C).

(B) Defendant Not Personally Notified. A defendant over whom personal jurisdiction was

necessary and acquired, but who did not in fact have knowledge of the pendency of the

action, may enter an appearance within 1 year after final judgment, and if the defendant

shows reason justifying relief from the judgment and innocent third persons will not be

prejudiced, the court may relieve the defendant from the judgment, order, or proceedings

for which personal jurisdiction was necessary, on payment of costs or on conditions the

court deems just.

Chapter 2. Civil Procedure Page 177 Updated June 21, 2024

(1) On motion and on just terms, the court may relieve a party or the legal

representative of a party from a final judgment, order, or proceeding on the following

grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect.

(b) Newly discovered evidence which by due diligence could not have been

discovered in time to move for a new trial under MCR 2.611(B).

adverse party.

(d) The judgment is void.

(e) The judgment has been satisfied, released, or discharged; a prior judgment on

which it is based has been reversed or otherwise vacated; or it is no longer

equitable that the judgment should have prospective application.

(f) Any other reason justifying relief from the operation of the judgment.

(2) The motion must be made within a reasonable time, and, for the grounds stated in

subrules (C)(1)(a), (b), and (c), within one year after the judgment, order, or

proceeding was entered or taken. Except as provided in MCR 2.614(A)(1), a motion

under this subrule does not affect the finality of a judgment or suspend its operation.

(3) This subrule does not limit the power of a court to entertain an independent action

to relieve a party from a judgment, order, or proceeding; to grant relief to a defendant

not actually personally notified as provided in subrule (B); or to set aside a judgment

for fraud on the court.

(4) The procedure for obtaining relief from a judgment shall be by motion as

prescribed in these rules or by an independent action. Relief may not be sought or

obtained by the writs of coram vobis, audita querela, bills of review, or bills in the

nature of a bill of review.

ULE 2.613 LIMITATIONS ON CORRECTIONS OF ERROR

(A) Harmless Error. An error in the admission or the exclusion of evidence, an error in a

ruling or order, or an error or defect in anything done or omitted by the court or by the

parties is not ground for granting a new trial, for setting aside a verdict, or for vacating,

modifying, or otherwise disturbing a judgment or order, unless refusal to take this action

appears to the court inconsistent with substantial justice.

(B) Correction of Error by Other Judges. A judgment or order may be set aside or vacated,

and a proceeding under a judgment or order may be stayed, only by the judge who entered

the judgment or order, unless that judge is absent or unable to act. If the judge who entered

the judgment or order is absent or unable to act, an order vacating or setting aside the

judgment or order or staying proceedings under the judgment or order may be entered by a

judge otherwise empowered to rule in the matter.

Chapter 2. Civil Procedure Page 178 Updated June 21, 2024

aside unless clearly erroneous. In the application of this principle, regard shall be given to

the special opportunity of the trial court to judge the credibility of the witnesses who

appeared before it.

ULE 2.614 STAY OF PROCEEDINGS TO ENFORCE JUDGMENT

(A) Automatic Stay; Exceptions: Injunctions, Receiverships, and Family Litigation.

(1) Except as provided in this rule, execution may not issue on a judgment and

proceedings may not be taken for its enforcement until 21 days after a final judgment

(as defined in MCR 7.202[6]) is entered in the case. If a motion for new trial, a motion

for rehearing or reconsideration, or a motion for other relief from judgment is filed and

served within 21 days after entry of the judgment or within further time the trial court

has allowed for good cause during that 21-day period, execution may not issue on the

judgment and proceedings may not be taken for its enforcement until the expiration of

21 days after the entry of the order deciding the motion, unless otherwise ordered by

the court on motion for good cause. Nothing in this rule prohibits the court from

enjoining the transfer or disposition of property during the 21-day period.

(2) The following orders may be enforced immediately after entry unless the court

orders otherwise on motion for good cause:

(a) A temporary restraining order.

(b) A preliminary injunction.

(d) An interlocutory order in a receivership action.

(e) In a domestic relations action, an order before judgment concerning the

custody, control, and management of property; for temporary alimony; or for

support or custody of minor children and expenses.

(3) Subrule (C) governs the suspending, modifying, restoring, or granting of an

injunction during the pendency of an appeal.

(B) Stay on Motion for Relief From Judgment. In its discretion and on proper conditions

for the security of the adverse party, the court may stay the execution of, or proceedings to

enforce, a judgment pending the disposition of a motion for relief from a judgment or

order under MCR 2.612.

judgment granting, dissolving, or denying an injunction, the court may suspend, modify,

restore, or grant an injunction during the pendency of the appeal on terms as to bond or

otherwise that are proper for the security of the adverse party's rights.

(D) Stay on Appeal. Stay on appeal is governed by MCR 7.108, 7.209, and 7.305(I). If a

party appeals a trial court’s denial of the party’s claim of governmental immunity, the

Chapter 2. Civil Procedure Page 179 Updated June 21, 2024

party’s appeal operates as an automatic stay of any and all proceedings in the case until the

issue of the party’s status is finally decided.

(E) Stay in Favor of Governmental Party. In an action or proceeding in which the state, an

authorized state officer, a corporate body in charge of a state institution, or a municipal

corporation, is a party, bond may not be required of that party as a prerequisite to taking an

appeal or making an order staying proceedings.

(F) Power of Appellate Court Not Limited. This rule does not limit the power of the Court

of Appeals or the Supreme Court to

(1) stay proceedings during the pendency of an appeal before them;

(2) suspend, modify, restore, or grant an injunction during the pendency of the appeal;

(3) enter an order appropriate to preserve the status quo or effectiveness of the

judgment to be entered.

(G) Stay of Judgment on Multiple Claims. When a court has ordered a final judgment on

some, but not all, of the claims presented in the action under the conditions stated in MCR

2.604(B), the court may

(1) stay enforcement of the judgment until the entry of a later judgment or judgments,

and

(2) prescribe conditions necessary to secure the benefit of the judgment to the party in

whose favor it was entered.

ULE 2.615 ENFORCEMENT OF TRIBAL JUDGMENTS

(A) The judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts

of a tribal court of a federally recognized Indian tribe are recognized, and have the same

effect and are subject to the same procedures, defenses, and proceedings as judgments,

decrees, orders, warrants, subpoenas, records, and other judicial acts of any court of record

in this state, subject to the provisions of this rule.

(B) The recognition described in subrule (A) applies only if the tribe or tribal court

(1) enacts an ordinance, court rule, or other binding measure that obligates the tribal

court to enforce the judgments, decrees, orders, warrants, subpoenas, records, and

judicial acts of the courts of this state, and

(2) transmits the ordinance, court rule or other measure to the State Court

Administrative Office. The State Court Administrative Office shall make available to

state courts the material received pursuant to paragraph (B)(1).

court of a federally recognized Indian tribe that has taken the actions described in subrule

Chapter 2. Civil Procedure Page 180 Updated June 21, 2024

(B) is presumed to be valid. To overcome that presumption, an objecting party must

demonstrate that

(1) the tribal court lacked personal or subject-matter jurisdiction, or

(2) the judgment, decree, order, warrant, subpoena, record, or other judicial act of the

tribal court

(a) was obtained by fraud, duress, or coercion,

(b) was obtained without fair notice or a fair hearing,

(d) is not final under the laws and procedures of the tribal court.

(D) This rule does not apply to judgments or orders that federal law requires be given full

faith and credit.

ULE 2.620 SATISFACTION OF JUDGMENT

A judgment may be shown satisfied of record in whole or in part by:

(1) filing with the clerk a satisfaction signed and acknowledged by the party or parties

in whose favor the judgment was rendered, or their attorneys of record;

(2) payment to the clerk of the judgment, interest, and costs, if it is a money judgment

only; or

(3) filing a motion for entry of an order that the judgment has been satisfied.

The court shall hear proofs to determine whether the order should be entered.

The clerk must, in each instance, indicate in the court records that the judgment is satisfied

in whole or in part.

ULE 2.621 PROCEEDINGS SUPPLEMENTARY TO JUDGMENT

(A) Relief Under These Rules. When a party to a civil action obtains a money judgment,

that party may, by motion in that action or by a separate civil action:

(1) obtain the relief formerly obtainable by a creditor's bill;

(2) obtain relief supplementary to judgment under MCL 600.6101-600.6143 and

(3) obtain other relief in aid of execution authorized by statute or court rule.

(B) Pleading.

(1) If the motion or complaint seeks to reach an equitable interest of a debtor, it must

be verified, and

(a) state the amount due the creditor on the judgment, over and above all just

claims of the debtor by way of setoff or otherwise, and

Chapter 2. Civil Procedure Page 181 Updated June 21, 2024

(b) show that the debtor has equitable interests exceeding $100 in value.

(2) The judgment creditor may obtain relief under MCL 600.6110, and discovery

under subchapter 2.300 of these rules.

MCL 600.6119 must be served under MCR 2.105. The subpoena must specify the amount

claimed by the judgment creditor. The court shall endorse its approval of the issuance of

the subpoena on the original subpoena, which must be filed in the action. The subrule does

not apply to subpoenas for ordinary witnesses.

(D) Order Directing Delivery of Property or Money.

(1) When a court orders the payment of money or delivery of personal property to an

officer who has possession of the writ of execution, the order may be entered on notice

the court deems just, or without notice.

(2) If a receiver has been appointed, or a receivership has been extended to the

supplementary proceeding, the order may direct the payment of money or delivery of

property to the receiver.

(E) Receivers. When necessary to protect the rights of a judgment creditor, the court may,

under MCR 2.622, appoint a receiver in a proceeding under subrule (A)(2), pending the

determination of the proceeding.

(F) Violation of Injunction. The court may punish for contempt a person who violates the

restraining provision of an order or subpoena or, if the person is not the judgment debtor,

may enter judgment against the person in the amount of the unpaid portion of the

judgment and costs allowed by law or these rules or in the amount of the value of the

property transferred, whichever is less.

(G) New Proceeding. If there has been a prior supplementary proceeding with respect to

the same judgment against the party, whether the judgment debtor or another person,

further proceedings may be commenced against that party only by leave of court. Leave

may be granted on ex parte motion of the judgment creditor, but only on a finding by the

court, based on affidavit of the judgment creditor or another person having personal

knowledge of the facts, other than the attorney of the judgment creditor. The affidavit

must state that

(1) there is reason to believe that the party against whom the proceeding is sought to

be commenced has property or income the creditor is entitled to reach, or, if a third

party, is indebted to the judgment debtor;

(2) the existence of the property, income, or indebtedness was not known to the

judgment creditor during the pendency of a prior supplementary proceeding; and

(3) the additional supplementary proceeding is sought in good faith to discover assets

and not to harass the judgment debtor or third party.

Chapter 2. Civil Procedure Page 182 Updated June 21, 2024

(H) Appeal; Procedure; Bonds. A final order entered in a supplementary proceeding may

be appealed in the usual manner. The appeal is governed by the provisions of chapter 7 of

these rules except as modified by this subrule.

(1) The appellant must give a bond to the effect that he or she will pay all costs and

damages that may be awarded against him or her on the appeal. If the appeal is by the

judgment creditor, the amount of the bond may not exceed $200, and subrules (H)(2)-

(4) do not apply. If the appeal is by a party other than the judgment creditor, subrules

(H)(2)-(4) apply.

(2) If the order appealed from is for the payment of money or the delivery of property,

the bond of the appellant must be in an amount at least double the amount of the

money or property ordered to be paid or delivered. The bond must be on the condition

that if the order appealed from is affirmed in whole or in part the appellant will

(a) pay the amount directed to be paid or deliver the property in as good condition

as it is at the time of the appeal, and

(b) pay all damages and costs that may be awarded against the appellant.

(3) If the order appealed from directs the assignment or delivery of documents by the

appellant, the documents must be delivered to the clerk of the court in which the

proceeding is pending or placed in the hands of an officer or receiver, as the judge who

entered the order directs, to await the appeal, subject to the order of the appellate

courts.

(4) If the order appealed from directs the sale of real estate of the appellant or delivery

of possession by the appellant, the appeal bond must also provide that during the

possession of the property by the appellant, or any person holding under the appellant,

he or she will not commit or suffer any waste of the property, and that if the order is

affirmed he or she will pay the value of the use of the property from the time of appeal

until the delivery of possession.

ULE 2.622 RECEIVERS

(A) Appointment of Receiver. Upon the motion of a party or on its own initiative, and for

good cause shown, the court may appoint a receiver as provided by law. A receiver

appointed under this section is a fiduciary for the benefit of all persons appearing in the

action or proceeding. For purposes of this rule, “receivership estate” means the entity,

person, or property subject to the receivership.

(B) Selection of Receiver. If the court determines there is good cause to appoint a receiver,

the court shall select the receiver in accordance with this subrule. Every receiver selected

by the court must have sufficient competence, qualifications, and experience to administer

the receivership estate.

(1) Stipulated Receiver or No Objection Raised. The moving party may request, or the

parties may stipulate to, the selection of a receiver. The moving party shall describe

how the nominated receiver meets the requirement in subsection (B) that a receiver

selected by the court have sufficient competence, qualifications, and experience to

Chapter 2. Civil Procedure Page 183 Updated June 21, 2024

administer the receivership estate, considering the factors listed in subsection (B)(5).

If the nonmoving party does not file an objection to the moving party’s nominated

receiver within 14 days after the petition or motion is served, or if the parties stipulate

to the selection of a receiver, the court shall appoint the receiver nominated by the

party or parties, unless the court finds that a different receiver should be appointed.

(2) Receiver Appointed Sua Sponte. If the court appoints a receiver on its own

initiative, any party may file objection to the selected receiver and submit an

alternative nominee for appointment as receiver within 14 days after the order

appointing the receiver is served. The objecting party shall describe how the

alternative nominee meets the requirement in subsection (B) that a receiver selected by

the court have sufficient competence, qualifications, and experience to administer the

receivership estate, considering the factors listed in subsection (B)(5).

(3) Reduction in Time to Object. The court, for good cause shown, may in its

discretion, with or without motion or notice, order the period for objection to the

selected receiver reduced.

(4) Objections. The party filing an objection must serve it on all parties as required by

MCR 2.107, together with a notice of hearing.

(5) If a party objects under subsection (B)(2) or the court makes an initial

determination that a different receiver should be appointed than the receiver

nominated by a party under subsection (B)(1), the court shall state its rationale for

selecting a particular receiver after considering the following factors:

(a) experience in the operation and/or liquidation of the type of assets to be

administered;

(b) relevant business, legal and receivership knowledge, if any;

(d) any objections to any receiver considered for appointment;

(e) whether the receiver considered for appointment is disqualified under subrule

(B)(6); and

(f) any other factor the court deems appropriate.

(6) Except as otherwise provided by law or by subrule (B)(7), a person or entity may

not serve as a receiver or in any other professional capacity representing or assisting

the receiver, if such person or entity:

(a) is a creditor or a holder of an equity security of the receivership estate:

(b) is or was an investment banker for any outstanding security of the receivership

estate;

investment banker for a security of the receivership estate, or an attorney for such

an investment banker, in connection with the offer, sale, or issuance of a security

of the receivership estate;

Chapter 2. Civil Procedure Page 184 Updated June 21, 2024

(d) is or was, within two years before the date of the appointment of a receiver, a

director, an officer, or an employee of the receivership estate or of an investment

banker specified in subrule (b) or (c) of this section, unless the court finds the

appointment is in the best interest of the receivership estate and that there is no

actual conflict of interest by reason of the employment;

(e) has an interest materially adverse to the interest of any class of creditors or

equity security holders by reason of any direct or indirect relationship to,

connection with, or interest in the receivership estate or an investment banker

specified in subrule (b) or (c) of this section, or for any other reason;

(f) has or represents an interest adverse to the receivership estate or stands in any

relation to the subject of the action or proceeding that would tend to interfere with

the impartial discharge of duties as an officer of the court.

(g) has, at any time within five years before the date of the appointment of a

receiver, represented or been employed by the receivership estate or any secured

creditor of the receivership estate as an attorney, accountant, appraiser, or in any

other professional capacity and the court finds an actual conflict of interest by

reason of the representation or employment;

(h) is an “insider” as defined by MCL 566.31(i);

(i) represents or is employed by a creditor of the receivership estate and, on

objection of an interested party, the court finds an actual conflict of interest by

reason of the representation or employment; or

(j) has a relationship to the action or proceeding that will interfere with the

impartial discharge of the receiver’s duties.

(7) Any person who has represented or has been employed by the receivership estate is

eligible to serve for a specified limited purpose, if the court determines such

employment or appointment is in the best interest of the receivership estate and if such

professional does not represent or hold an interest materially adverse to the

receivership estate.

the following:

(1) bonding amounts and requirements as provided in subrule (G);

(2) identification of real and personal property of the receivership estate;

(3) procedures and standards related to the reasonable compensation of the receiver as

provided in subrule (F);

(4) reports required to be produced and filed by the receiver, including the final report

and accounting;

(5) a description of the duties, authority and powers of the receiver;

(6) a listing of property to be surrendered to the receiver; and

(7) any other provision the court deems appropriate.

Chapter 2. Civil Procedure Page 185 Updated June 21, 2024

(D) Duties.

(1) Within 7 days after entry of the order of appointment, the receiver shall file an

acceptance of receivership with the court. The acceptance shall be served on all parties

to the action.

(2) Unless otherwise ordered, within 28 days after the filing of the acceptance of

appointment, the receiver shall provide notice of entry of the order of appointment to

any person or entity having a recorded interest in all or any part of the receivership

estate.

(3) The receiver shall file with the court an inventory of the property of the

receivership estate within 35 days after entry of the order of appointment, unless an

inventory has already been filed.

(4) The receiver shall account for all receipts, disbursements and distributions of

money and property of the receivership estate.

(5) If there are sufficient funds to make a distribution to a class of creditors, the

receiver may request that each creditor in the class of all creditors file a written proof

of claim with the court. The receiver may contest the allowance of any claim.

(6) The receiver shall furnish information concerning the receivership estate and its

administration as reasonably requested by any party to the action or proceeding.

(7) The receiver shall file with the court a final written report and final accounting of

the administration of the receivership estate.

(E) Powers.

(1) Except as otherwise provided by law or by the order of appointment, a receiver has

general power to sue for and collect all debts, demands, and rents of the receivership

estate, and to compromise or settle claims.

(2) A receiver may liquidate the personal property of the receivership estate into

money. By separate order of the court, a receiver may sell real property of the

receivership estate.

(3) A receiver may pay the ordinary expenses of the receivership but may not

distribute the funds in the receivership estate to a party to the action without an order

of the court.

(4) A receiver may only be discharged on order of the court.

(F)Compensation and Expenses of Receiver.

(1)A receiver shall be entitled to reasonable compensation for services rendered to the

receivership estate.

(2)The order appointing a receiver shall specify:

(a)the source and method of compensation of the receiver;

Chapter 2. Civil Procedure Page 186 Updated June 21, 2024

(b)that interim compensation may be paid to the receiver after notice to all parties

to the action or proceeding and opportunity to object as provided in subsection (5);

(c)that all compensation of the receiver is subject to final review and approval of

the court.

(3)All approved fees and expenses incurred by a receiver, including fees and expenses

for persons or entities retained by the receiver, shall be paid or reimbursed as provided

in the order appointing the receiver.

(4)The receiver shall file with the court an application for payment of fees and the

original notice of the request. The notice shall provide that fees and expenses will be

deemed approved if no written objection is filed with the court within 7 days after

service of the notice. The receiver shall serve the notice and a copy of the application

on all parties to the action or proceedings, and file a proof of service with the court.

(5)The application by a receiver, for interim or final payment of fees and expenses,

shall include:

(a)A description in reasonable detail of the services rendered, time expended, and

expenses incurred;

(b)The amount of compensation and expenses requested;

(c)The amount of any compensation and expenses previously paid to the receiver;

(d)The amount of any compensation and expenses received by the receiver from or

to be paid by any source other than the receivership estate;

(e)A description in reasonable detail of any agreement or understanding for a

division or sharing of compensation between the person rendering the services and

any other person except as permitted in subpart (6).

If written objections are filed or if, in the court’s determination, the application for

compensation requires a hearing, the court shall schedule a hearing and notify all

parties of the scheduled hearing.

(6)A receiver or person performing services for a receiver shall not, in any form or

manner, share or agree to share compensation for services rendered to the receivership

estate with any person other than a firm member, partner, employer, or regular

associate of the person rendering the services except as authorized by order of the

court.

(G) Bond.

In setting an appropriate bond for the receiver, the court may consider factors including

but not limited to:

(1)The value of the receivership estate, if known;

(2)The amount of cash or cash equivalents expected to be received into the

receivership estate;

Chapter 2. Civil Procedure Page 187 Updated June 21, 2024

(3)The amount of assets in the receivership estate on deposit in insured financial

institutions or invested in U.S. Treasury obligations;

(4)Whether the assets in the receivership estate cannot be sold without further order of

the court;

(5)If the receiver is an entity, whether the receiver has sufficient assets or acceptable

errors and omissions insurance to cover any potential losses or liabilities of the

receivership estate;

(6)The extent to which any secured creditor is undersecured;

(7)Whether the receivership estate is a single parcel of real estate involving few trade

creditors; and

(8)Whether the parties have agreed to a nominal bond.

(H)Intervention. An interested person or entity may move to intervene. Any motion to

intervene shall comply with MCR 2.209.

(I)Removal of Receiver. After notice and hearing, the court may remove any receiver for

good cause shown.

ULE 2.625 TAXATION OF COSTS

(A) Right to Costs.

(1) In General. Costs will be allowed to the prevailing party in an action, unless

prohibited by statute or by these rules or unless the court directs otherwise, for reasons

stated in writing and filed in the action.

(2) Frivolous Claims and Defenses. In an action filed on or after October 1, 1986, if

the court finds on motion of a party that an action or defense was frivolous, costs shall

be awarded as provided by MCL 600.2591.

(B) Rules for Determining Prevailing Party.

(1) Actions With Several Judgments. If separate judgments are entered under MCR

2.116 or 2.505(A) and the plaintiff prevails in one judgment in an amount and under

circumstances which would entitle the plaintiff to costs, he or she is deemed the

prevailing party. Costs common to more than one judgment may be allowed only

once.

(2) Actions With Several Issues or Counts. In an action involving several issues or

counts that state different causes of action or different defenses, the party prevailing on

each issue or count may be allowed costs for that issue or count. If there is a single

cause of action alleged, the party who prevails on the entire record is deemed the

prevailing party.

(3) Actions With Several Defendants. If there are several defendants in one action, and

judgment for or dismissal of one or more of them is entered, those defendants are

Chapter 2. Civil Procedure Page 188 Updated June 21, 2024

deemed prevailing parties, even though the plaintiff ultimately prevails over the

remaining defendants.

(4) Costs on Review in Circuit Court. An appellant in the circuit court who improves

his or her position on appeal is deemed the prevailing party.

which the plaintiff recovers less than $100 (unless the recovery is reduced below $100 by

a counterclaim), the plaintiff may recover costs no greater than the amount of damages.

(D) Costs When Default or Default Judgment Set Aside. The following provisions apply

to an order setting aside a default or a default judgment:

(1) If personal jurisdiction was acquired over the defendant, the order must be

conditioned on the defendant's paying or securing payment to the party seeking

affirmative relief the taxable costs incurred in procuring the default or the default

judgment and acting in reliance on it;

(2) If jurisdiction was acquired by publication, the order may be conditioned on the

defendant's paying or securing payment to the party seeking affirmative relief all or a

part of the costs as the court may direct;

(3) If jurisdiction was in fact not acquired, costs may not be imposed.

(E) Costs in Garnishment Proceedings Brought Pursuant to 3.101(M). Costs in

garnishment proceedings to resolve the dispute between a plaintiff and a garnishee

regarding the garnishee’s liability are allowed as in civil actions. Costs may be awarded to

the garnishee defendant as follows:

(1) The court may award the garnishee defendant as costs against the plaintiff

reasonable attorney fees and other necessary expenses the garnishee defendant

incurred in filing the disclosure, if the issue of the garnishee defendant's liability to the

principal defendant is not brought to trial.

(2) The court may award the garnishee defendant, against the plaintiff, the total costs

of the garnishee defendant's defense, including all necessary expenses and reasonable

attorney fees, if the issue of the garnishee defendant's liability to the principal

defendant is tried and

(a) the garnishee defendant is held liable in a sum no greater than that admitted in

disclosure, or

(b) the plaintiff fails to recover judgment against the principal defendant.

In either (a) or (b), the garnishee defendant may withhold from the amount due the

principal defendant the sum awarded for costs, and is chargeable only for the balance.

(F) Procedure for Taxing Costs at the Time of Judgment.

(1) Costs may be taxed by the court on signing the judgment, or may be taxed by the

clerk as provided in this subrule.

Chapter 2. Civil Procedure Page 189 Updated June 21, 2024

(2)When costs are to be taxed by the clerk, the party entitled to costs must present to

the clerk, within 28 days after the judgment is signed, or within 28 days after entry of

an order denying a motion for new trial, a motion to set aside the judgment, a motion

for rehearing or reconsideration, or a motion for other postjudgment relief except a

motion under MCR 2.612(C),

(a) a bill of costs conforming to subrule (G),

(b) a copy of the bill of costs for each other party, and

represented by attorneys.

In addition, the party presenting the bill of costs shall immediately serve a copy of the bill

and any accompanying affidavits on the other parties. Failure to present a bill of costs

within the time prescribed constitutes a waiver of the right to costs.

(3) Within 14 days after service of the bill of costs, another party may file objections to

it, accompanied by affidavits if appropriate. After the time for filing objections, the

clerk must promptly examine the bill and any objections or affidavits submitted and

allow only those items that appear to be correct, striking all charges for services that in

the clerk's judgment were not necessary. The clerk shall notify the parties in the

manner provided in MCR 2.107.

(4) The action of the clerk is reviewable by the court on motion of any affected party

filed within 7 days from the date that notice of the taxing of costs was sent, but on

review only those affidavits or objections that were presented to the clerk may be

considered by the court.

(G) Bill of Costs; Supporting Affidavits.

(1) Each item claimed in the bill of costs, except fees of officers for services rendered,

must be specified particularly.

(2) The bill of costs must be verified and must contain a statement that

(a) each item of cost or disbursement claimed is correct and has been necessarily

incurred in the action, and

(b) the services for which fees have been charged were actually performed.

(3) If witness fees are claimed, an affidavit in support of the bill of costs must state the

distance traveled and the days actually attended. If fees are claimed for a party as a

witness, the affidavit must state that the party actually testified as a witness on the days

listed.

(H) Taxation of Fees on Settlement. Unless otherwise specified a settlement is deemed to

include the payment of any costs that might have been taxable.

(I) Special Costs or Damages.

Chapter 2. Civil Procedure Page 190 Updated June 21, 2024

(1) In an action in which the plaintiff's claim is reduced by a counterclaim, or another

fact appears that would entitle either party to costs, to multiple costs, or to special

damages for delay or otherwise, the court shall, on the application of either party, have

that fact entered in the records of the court. A taxing officer may receive no evidence

of the matter other than a certified copy of the court records or the certificate of the

judge who entered the judgment.

(2) Whenever multiple costs are awarded to a party, they belong to the party. Officers,

witnesses, jurors, or other persons claiming fees for services rendered in the action are

entitled only to the amount prescribed by law.

(3) A judgment for multiple damages under a statute entitles the prevailing party to

single costs only, except as otherwise specially provided by statute or by these rules.

(J) Costs in Headlee Amendment Suits. A plaintiff who prevails in an action brought

pursuant to Const 1963, art 9, § 32 shall receive from the defendant the costs incurred by

the plaintiff in maintaining the action as authorized by MCL 600.308a(1) and (6). Costs

include a reasonable attorney fee.

(K) Procedure for Taxing Costs and Fees After Judgment.

(1) A judgment creditor considered a prevailing party to the action under subrule (B)

may recover from the judgment debtor(s) the taxable costs and fees expended after a

judgment is entered, including all taxable filing fees, service fees, certification fees,

and any other costs, fees, and disbursements associated with postjudgment actions as

allowed by MCL 600.2405.

(2) Until the judgment is satisfied, the judgment debtor may serve on the judgment

creditor a request to review postjudgment taxable costs and fees.

(a) Within 28 days of receipt from a judgment debtor of a request to review

postjudgment taxable costs and fees, the judgment creditor shall file with the court

a memorandum of postjudgment taxable costs and fees and serve the same upon

the judgment debtor. A memorandum of postjudgment taxable costs and fees shall

include an itemized list of postjudgment taxable costs and fees. The memorandum

must be verified by oath under MCR 1.109(D)(3).

(b) Within 28 days after receiving the memorandum of postjudgment taxable costs

and fees from the judgment creditor, the judgment debtor may file a motion to

review postjudgment taxable costs and fees. Upon receipt of a timely motion, the

court shall review the memorandum filed by the judgment creditor and issue an

order allowing or disallowing the postjudgment costs and fees. The review may be

conducted at a hearing at the court’s discretion. If the court disallows the

postjudgment costs and fees or otherwise amends them in favor of the judgment

debtor, the court may order the judgment creditor to deduct from the judgment

balance the amount of the motion fee paid by the judgment debtor under this rule.

within 28 days after receipt of an order from the court disallowing the same.

Chapter 2. Civil Procedure Page 191 Updated June 21, 2024

(d) Any error in adding costs or fees to the judgment balance by the judgment

creditor or its attorney is not actionable unless there is an affirmative finding by

the court that the costs and fees were added in bad faith.

ULE 2.626 ATTORNEY FEES

An award of attorney fees may include an award for the time and labor of any legal

assistant who contributed nonclerical, legal support under the supervision of an attorney, provided

the legal assistant meets the criteria set forth in Article 1, § 6 of the Bylaws of the State Bar of

Michigan.

ULE 2.630 DISABILITY OF JUDGE

If, after a verdict is returned or findings of fact and conclusions of law are filed, the judge

before whom an action has been tried is unable to perform the duties prescribed by these rules

because of death, illness, or other disability, another judge regularly sitting in or assigned to the

court in which the action was tried may perform those duties. However, if the substitute judge is

not satisfied that he or she can do so, the substitute judge may grant a new trial.

Chapter 3. Special Proceedings and Actions Page 192 Updated June 21, 2024

MICHIGAN COURT RULES OF 1985

Chapter 3. Special Proceedings and Actions

Updated June 21, 2024

SUBCHAPTER 3.000 GENERAL PROVISIONS

RULE 3.001 APPLICABILITY AND SCOPE

The rules in this chapter apply in circuit court and in other courts as provided by law or by

these rules. Except as otherwise provided in this chapter and law, proceedings under this chapter

are governed by the Michigan Court Rules.

ULE 3.002 INDIAN CHILDREN

For purposes of applying the Indian Child Welfare Act, 25 USC 1901 et seq., and the

Michigan Indian Family Preservation Act, MCL 712B.1 et seq., to proceedings under the Juvenile

Code, the Adoption Code, and the Estates and Protected Individuals Code, the following

definitions taken from MCL 712B.3 and MCL 712B.7 shall apply.

(1) “Active efforts” means actions to provide remedial services and rehabilitative

programs designed to prevent the breakup of the Indian family and to reunify the child

with the Indian family. Active efforts require more than a referral to a service without

actively engaging the Indian child and family. Active efforts include reasonable efforts as

required by title IV-E of the social security act, 42 USC 670 to 679c, and also include

doing or addressing all of the following:

(a) Engaging the Indian child, child’s parents, tribe, extended family members, and

individual Indian caregivers through the utilization of culturally appropriate services

and in collaboration with the parent or child’s Indian tribes and Indian social services

agencies.

(b) Identifying appropriate services and helping the parents to overcome barriers to

compliance with those services.

members for placement.

(d) Requesting representatives designated by the Indian child’s tribe with substantial

knowledge of the prevailing social and cultural standards and child rearing practice

within the tribal community to evaluate the circumstances of the Indian child’s family

and to assist in developing a case plan that uses the resources of the Indian tribe and

Indian community, including traditional and customary support, actions, and services,

to address those circumstances.

(e) Completing a comprehensive assessment of the situation of the Indian child’s

family, including a determination of the likelihood of protecting the Indian child’s

health, safety, and welfare effectively in the Indian child’s home.

Chapter 3. Special Proceedings and Actions Page 193 Updated June 21, 2024

(f) Identifying, notifying, and inviting representatives of the Indian child’s tribe to

participate in all aspects of the Indian child custody proceeding at the earliest possible

point in the proceeding and actively soliciting the tribe’s advice throughout the

proceeding.

(g) Notifying and consulting with extended family members of the Indian child,

including extended family members who were identified by the Indian child’s tribe or

parents, to identify and to provide family structure and support for the Indian child, to

assure cultural connections, and to serve as placement resources for the Indian child.

(h) Making arrangements to provide natural and family interaction in the most natural

setting that can ensure the Indian child’s safety, as appropriate to the goals of the

Indian child’s permanency plan, including, when requested by the tribe, arrangements

for transportation and other assistance to enable family members to participate in that

interaction.

(i) Offering and employing all available family preservation strategies and requesting

the involvement of the Indian child’s tribe to identify those strategies and to ensure

that those strategies are culturally appropriate to the Indian child’s tribe.

(j) Identifying community resources offering housing, financial, and transportation

assistance and in-home support services, in-home intensive treatment services,

community support services, and specialized services for members of the Indian

child’s family with special needs, and providing information about those resources to

the Indian child’s family, and actively assisting the Indian child’s family or offering

active assistance in accessing those resources.

(k) Monitoring client progress and client participation in services.

(l) Providing a consideration of alternative ways of addressing the needs of the Indian

child’s family, if services do not exist or if existing services are not available to the

family.

(2)“Child custody proceeding” shall mean and include

(a) “foster-care placement,” which shall mean any action removing an Indian child

from his or her parent or Indian custodian for temporary placement in a foster home or

institution or the home of a guardian or conservator where the parent or Indian

custodian cannot have the child returned upon demand, but where parental rights have

not been terminated,

(b) “termination of parental rights,” which shall mean any action resulting in the

termination of the parent-child relationship,

child in a foster home or institution after the termination of parental rights, but before

or in lieu of adoptive placement, and

(d) “adoptive placement,” which shall mean the permanent placement of an Indian

child for adoption, including any action resulting in a final decree of adoption.

Chapter 3. Special Proceedings and Actions Page 194 Updated June 21, 2024

Such term or terms shall not include a placement based upon an act that, if committed

by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of

custody to one of the parents.

(3) “Court” means the family division of circuit court or the probate court.

(4) “Culturally appropriate services” means services that enhance an Indian child’s and

family’s relationship to, identification, and connection with the Indian child’s tribe.

Culturally appropriate services should provide the opportunity to practice the teachings,

beliefs, customs, and ceremonies of the Indian child’s tribe so those may be incorporated

into the Indian child’s daily life, as well as services that address the issues that have

brought the child and family to the attention of the department that are consistent with the

tribe’s beliefs about child rearing, child development, and family wellness. Culturally

appropriate services may involve tribal representatives, extended family members, tribal

elders, spiritual and cultural advisors, tribal social services, individual Indian caregivers,

medicine men or women, and natural healers. If the Indian child’s tribe establishes a

different definition of culturally appropriate services, the court shall follow the tribe’s

definition.

(5) “Department” means the department of health and human services or any successor

department or agency.

(6)“Exclusive jurisdiction” shall mean that an Indian tribe has jurisdiction exclusive as to

any state over any child custody proceeding as defined above involving an Indian child

who resides or is domiciled within the reservation of such tribe, except where such

jurisdiction is otherwise vested in the state by existing federal law. Where an Indian child

is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, regardless of the

residence or domicile or subsequent change in his or her residence or domicile.

(7)“Extended family member” shall be as defined by the law or custom of the Indian

child’s tribe or, in the absence of such law or custom, shall be a person who has reached

the age of 18 years and who is the Indian child’s grandparent, aunt or uncle, brother or

sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or

stepparent and includes the term “relative” as that term is defined in MCL 712A.13a(1)(j).

(8)“Foster home or institution” means a child caring institution as that term is defined in

section 1 of 1973 PA 116, MCL 722.111.

(9) “Guardian” means a person who has qualified as a guardian of a minor under a

parental or spousal nomination or a court order issued under section 19a or 19c of chapter

XIIA, section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386,

MCL 700.5204 and 700.5205, or sections 600 to 644 of the mental health code, 1974 PA

258, MCL 330.1600 to 330.1644. Guardian may also include a person appointed by a

tribal court under tribal code or custom. Guardian does not include a guardian ad litem.

Chapter 3. Special Proceedings and Actions Page 195 Updated June 21, 2024

(10)“Guardian ad litem” means an individual whom the court appoints to assist the court

in determining the child’s best interests. A guardian ad litem does not need to be an

attorney.

(11)“Indian” means any member of any Indian tribe, band, nation, or other organized

group or community of Indians recognized as eligible for the services provided to Indians

by the secretary because of their status as Indians, including any Alaska native village as

defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602.

(12)“Indian child” means any unmarried person who is under age 18 and is either

(a) a member of an Indian tribe, or

(b)is eligible for membership in an Indian tribe as determined by that Indian tribe.

(13)“Indian child’s tribe” means

(a)the Indian tribe in which an Indian child is a member or eligible for membership, or

(b)in the case of an Indian child who is a member of or eligible for membership in

more than one tribe, the Indian tribe with which the Indian child has the most

significant contacts.

(14)“Indian child welfare act” means the Indian child welfare act of 1978, 25 USC 1901 to

1963.

(15)“Indian custodian” means any Indian person who has custody of an Indian child under

tribal law or custom or under state law, or to whom temporary physical care, custody, and

control have been transferred by the child’s parent.

(16)“Indian organization” means any group, association, partnership, corporation, or other

legal entity owned or controlled by Indians, or a majority of whose members are Indians.

(17)“Indian tribe” means any Indian tribe, band, nation, or other organized group or

community of Indians recognized as eligible for the services provided to Indians by the

Secretary because of their status as Indians, including any Alaska Native village as

defined in section 43 USC 1602(c).

(18)“Lawyer-guardian ad litem” means an attorney appointed under MCL 712B.21 to

represent the child with the powers and duties as set forth in MCL 712A.17d. The

provisions of MCL 712A.17d also apply to a lawyer-guardian ad litem appointed for the

purposes of MIFPA under each of the following:

(a) MCL 700.5213 and 700.5219,

(b)MCL 722.24, and

Chapter 3. Special Proceedings and Actions Page 196 Updated June 21, 2024

(19)“Official tribal representative” means an individual who is designated by the Indian

child’s tribe to represent the tribe in a court overseeing a child custody proceeding. An

official tribal representative does not need to be an attorney.

(20)“Parent” means any biological parent or parents of an Indian child or any Indian

person who has lawfully adopted an Indian child, including adoptions under tribal law or

custom. It does not include the putative father if paternity has not been acknowledged or

established.

(21)“Reservation” means Indian country as defined in section 18 USC 1151 and any lands

not covered under such section, for which title is either held by the United States in trust

for the benefit of any Indian tribe or individual or held by any Indian tribe or individual

subject to a restriction by the United States against alienation.

(22)“Secretary” means the Secretary of the Interior.

(23)“Tribal court” means a court with jurisdiction over child custody proceedings and that

is either a Court of Indian Offenses, a court established and operated under the code or

custom of an Indian tribe, or any other administrative body of a tribe that is vested with

authority over child custody proceedings.

(24)“Ward of tribal court” means a child over whom an Indian tribe exercises authority by

official action in tribal court or by the governing body of the tribe.

SUBCHAPTER 3.100 DEBTOR-CREDITOR

RULE 3.101 GARNISHMENT AFTER JUDGMENT

(A) Definitions. In this rule,

(1) “plaintiff” refers to any judgment creditor,

(2) “defendant” refers to any judgment debtor,

(3) “garnishee” refers to the garnishee defendant,

(4) “periodic payments” includes but is not limited to, wages, salary, commissions,

bonuses, and other income paid to the defendant during the period of the writ; land

contract payments; rent; and other periodic debt or contract payments. Interest

payments and other payments listed in MCL 600.4012(14)(a)-(d) are not periodic

payments.

(B) Postjudgment Garnishments.

(1) Periodic garnishments are garnishments of periodic payments, as provided in this

rule.

Chapter 3. Special Proceedings and Actions Page 197 Updated June 21, 2024

(a) Unless otherwise ordered by the court, a writ of periodic garnishment served on

a garnishee who is obligated to make periodic payments to the defendant is

effective until the first to occur of the following events:

(i) the amount withheld pursuant to the writ equals the amount of the unpaid

judgment, interest, and costs stated in the verified statement in support of the

writ; however, if the plaintiff has sent a statement to the garnishee in

accordance with MCL 600.4012(5)(a), the balance on which may include

additional interest and costs, the periodic garnishment is effective until the

balance on the most recent statement is withheld or

(ii) the plaintiff files and serves on the defendant and the garnishee a notice

that the amount withheld exceeds the remaining unpaid judgment, interest, and

costs, or that the judgment has otherwise been satisfied.

(b) The plaintiff may not obtain the issuance of a second writ of garnishment on a

garnishee who is obligated to make periodic payments to the defendant while a

prior writ served on that garnishee remains in effect relating to the same judgment.

make periodic payments to the defendant while another order that has priority

under MCL 600.4012(2) is in effect, or if a writ or order with higher priority is

served on the garnishee while another writ is in effect, the garnishee is not

obligated to withhold payments pursuant to the lower priority writ until the higher

priority writ ceases to be effective under subrule (B)(1)(a). However, in the case of

garnishment of earnings, the garnishee shall withhold pursuant to the lower

priority writ to the extent that the amount being withheld pursuant to the higher

priority order is less than the maximum that could be withheld by law pursuant to

the lower priority writ (see, e.g., 15 USC 1673). Upon the expiration of the higher

priority writ, the lower priority one becomes effective until it ceases to be effective

under subrule (B)(1)(a). The garnishee shall notify the plaintiff of receipt of any

higher priority writ or order and provide the information required by subrule

(H)(2)(c).

(2) Nonperiodic garnishments are garnishments of property or obligations other than

periodic payments.

garnishment proceedings. The verified request and writ forms and the garnishment release

form approved by the State Court Administrative Office must be used. Where e-Filing is

implemented, when a request and writ form is filed with a court, the instructions and blank

proof of service must not be filed. The disclosure filed in garnishment proceedings must

be substantially in the form approved by the State Court Administrative Office.

(D) Request for and Issuance of Writ. The clerk of the court that entered the judgment

shall review the request. The clerk shall issue a writ of garnishment if the writ appears to

be correct, complies with these rules and the Michigan statutes, and if the plaintiff, or

someone on the plaintiff's behalf, makes and files a statement verified in the manner

provided in MCR 1.109(D)(3) stating:

Chapter 3. Special Proceedings and Actions Page 198 Updated June 21, 2024

(1) that a judgment has been entered against the defendant and remains unsatisfied;

(2) the amount of the judgment; the total amount of the postjudgment interest accrued

to date; the total amount of the postjudgment costs accrued to date, which may include

the costs associated with filing the current writ of garnishment; the total amount of the

postjudgment payments made to date, and the amount of the unsatisfied judgment now

due (including interest and costs), which may include the costs associated with filing

the current writ of garnishment;

(3) that the person signing the verified statement knows or has good reason to believe

that

(a) a named person has control of property belonging to the defendant,

(b) a named person is indebted to the defendant, or

(4) whether the garnishee is to make all payments directly to the plaintiff or the

plaintiff's attorney or to send the funds to the court.

(E) Writ of Garnishment.

(1) The writ of garnishment and the verified request for issuance of the writ must be

included on the same form. The writ must include information that will permit the

garnishee to identify the defendant, such as the defendant's address, social security

number, employee identification number, federal tax identification number, employer

number, or account number, if known.

(2) Upon issuance of the writ, it shall be served upon the garnishee as provided in

subrule (F)(1). The writ shall include the date on which it was issued and the last day

by which it must be served to be valid, which is 182 days after it was issued.

(3) The writ shall direct the garnishee to:

(a) serve a copy of the writ on the defendant as provided in subrule (F)(2);

(b) within 14 days after the service of the writ, file with the court clerk a verified

disclosure indicating the garnishee's liability (as specified in subrule [G][1]) to the

defendant and mail or deliver a copy to the plaintiff and the defendant;

statute or court rule;

(d) pay no obligation to the defendant, unless allowed by statute or court rule; and

(e) in accordance with subrule (J), either make all payments directly to the plaintiff

or the plaintiff’s attorney or send the funds to the court, as specified by the plaintiff

in the request under subrule (D)(4).

(4) The writ shall direct the defendant to refrain from disposing of

(a) any negotiable instrument representing a debt of the garnishee (except the

earnings of the defendant), or

Chapter 3. Special Proceedings and Actions Page 199 Updated June 21, 2024

(b) any negotiable instrument of title representing property in which the defendant

claims an interest held in the possession or control of the garnishee.

(5) The writ shall inform the defendant that unless the defendant files objections

within 14 days after the service of the writ on the defendant or as otherwise provided

under MCL 600.4012,

(a) without further notice the property or debt held under the garnishment may be

applied to the satisfaction of the plaintiff's judgment, and

(b) periodic payments due to the defendant may be withheld and paid according to

subrule (3)(e) until the judgment is satisfied.

(6) The writ shall direct the plaintiff to serve the garnishee as provided in subrule

(F)(1), and to file a proof of service.

(F) Service of Writ.

(1) The plaintiff shall serve the writ of garnishment, a copy of the writ for the

defendant, the disclosure form, and any applicable fees, on the garnishee within 182

days after the date the writ was issued in the manner provided for the service of a

summons and complaint in MCR 2.105, except that service upon the state treasurer

may be made in the manner provided under subrule (3).

(2) The garnishee shall within 7 days after being served with the writ deliver a copy of

the writ to the defendant or mail a copy to the defendant at the defendant's last known

address by first class mail.

(3) Unless service is subject to electronic filing under MCR 1.109(G), service upon the

state treasurer or any designated employee may be completed electronically in a

manner provided under guidelines established by the state treasurer. Guidelines

established under this subsection shall be published on the department of treasury’s

website and shall identify, at a minimum, each acceptable method of electronic

service, the requirements necessary to complete service, and the address or location

for each acceptable method of service. For purposes of this subsection:

(i) Electronic service authorized under the guidelines shall include magnetic

media, e-mail, and any other method permitted at the discretion of the state

treasurer.

(ii) Service in the manner provided under this subsection shall be treated as

completed as of the date and time submitted by the plaintiff, except that any

submission made on a Saturday, Sunday, or legal holiday shall be deemed to be

served on the next business day.

(G) Liability of Garnishee.

(1) Subject to the provisions of the garnishment statute and any setoff permitted by

law or these rules, the garnishee is liable for

(a) all tangible or intangible property belonging to the defendant in the garnishee's

possession or control when the writ is served on the garnishee, unless the property

Chapter 3. Special Proceedings and Actions Page 200 Updated June 21, 2024

is represented by a negotiable document of title held by a bona fide purchaser for

value other than the defendant;

(b) all negotiable documents of title and all goods represented by negotiable

documents of title belonging to the defendant if the documents of title are in the

garnishee's possession when the writ is served on the garnishee;

possession or control when the writ is served on the garnishee;

(d) all debts, whether or not due, owing by the garnishee to the defendant when the

writ is served on the garnishee, except for debts evidenced by negotiable

instruments or representing the earnings of the defendant;

(e) all debts owing by the garnishee evidenced by negotiable instruments held or

owned by the defendant when the writ of garnishment is served on the defendant,

as long as the instruments are brought before the court before their negotiation to a

bona fide purchaser for value;

(f) the portion of the defendant's earnings that are not protected from garnishment

by law (see, e.g., 15 USC 1673) as provided in subrule (B);

(g) all judgments in favor of the defendant against the garnishee in force when the

writ is served on the garnishee;

(h) all tangible or intangible property of the defendant that, when the writ is served

on the garnishee, the garnishee holds by conveyance, transfer, or title that is void

as to creditors of the defendant, whether or not the defendant could maintain an

action against the garnishee to recover the property; and

(i) the value of all tangible or intangible property of the defendant that, before the

writ is served on the garnishee, the garnishee received or held by conveyance,

transfer, or title that was void as to creditors of the defendant, but that the

garnishee no longer held at the time the writ was served, whether or not the

defendant could maintain an action against the garnishee for the value of the

property.

(2) The garnishee is liable for no more than the amount of the unpaid judgment,

interest, and costs as stated in the verified statement requesting the writ of garnishment

unless a statement is sent to the garnishee in accordance with MCL 600.4012(5)(a), in

which case the garnishee is liable for the amount of the remaining judgment balance as

provided in the most recent statement. Property or debts exceeding that amount may

be delivered or paid to the defendant notwithstanding the garnishment.

(H) Disclosure. The garnishee shall file with the court and deliver to the plaintiff and

defendant, a verified disclosure within 14 days after being served with the writ.

(1) Nonperiodic Garnishments.

(a) If indebted to the defendant, the garnishee shall file a disclosure revealing the

garnishee's liability to the defendant as specified in subrule (G)(1) and claiming

Chapter 3. Special Proceedings and Actions Page 201 Updated June 21, 2024

any setoff that the garnishee would have against the defendant, except for claims

for unliquidated damages for wrongs or injuries.

(b) If not indebted to the defendant, the garnishee shall file a disclosure so

indicating.

(c)If the garnishee is indebted to the defendant, but claims that withholding is

exempt under MCR 3.101(I)(6), the garnishee shall indicate on the disclosure the

specific exemption. If the garnishee is indebted, but claims that withholding is

exempt for some reason other than those set forth in MCR 3.101(I)(6), the

garnishee shall indicate on the disclosure the basis for its claim of exemption and

cite the legal authority for the exemption.

(2) Periodic Garnishments.

(a) If not obligated to make periodic payments to the defendant, the disclosure

shall so indicate, and the garnishment shall be considered to have expired.

(b) If obligated to make periodic payments to the defendant, the disclosure shall

indicate the nature and frequency of the garnishee's obligation. The information

must be disclosed even if money is not owing at the time of the service of the writ.

garnishee shall specify the court that issued the writ or order, the file number of the

case in which it was issued, the date it was issued, and the date it was served.

(I) Withholding. This subrule applies only if the garnishee is indebted to or obligated

to make periodic payments to the defendant.

(1) Except as otherwise provided in this subrule, the writ shall be effective as to

obligations owed and property held by the garnishee as of the time the writ is

served on the garnishee.

(2) In the case of periodic earnings, withholding shall commence according to the

following provisions:

(a) For garnishees with weekly, biweekly, or semimonthly pay periods,

withholding shall commence with the first full pay period after the writ was

served.

(b) For garnishees with monthly pay periods, if the writ is served on the

garnishee within the first 14 days of the pay period, withholding shall

commence on the date the writ is served. If the writ is served on the garnishee

on or after the 15th day of the pay period, withholding shall commence the first

full pay period after the writ was served.

(3) In the case of periodic earnings, withholding shall cease when the periodic

garnishment becomes no longer effective under subrule (B)(1).

(4) At the time that a periodic payment is withheld, the garnishee shall provide the

following information to the plaintiff and defendant:

(a) the name of the parties;

(b) the case number;

Chapter 3. Special Proceedings and Actions Page 202 Updated June 21, 2024

(d) the balance due on the writ.

The information shall also be provided to the court if funds are sent to the court.

(5) If funds have not been withheld because a higher priority writ or order was in

effect, and the higher priority writ ceases to be effective before the lower priority writ

ceases to be effective, the garnishee shall begin withholding pursuant to the lower

priority writ as of the date that the higher priority writ ceases to be effective.

(6) A bank or other financial institution, as garnishee, shall not withhold exempt funds

of the debtor from an account into which only exempt funds are directly deposited and

where such funds are clearly identifiable upon deposit as exempt Social Security

benefits, Supplemental Security Income benefits, Railroad Retirement benefits, Black

Lung benefits, or Veterans Assistance benefits.

(J) Payment.

(1) After 28 days from the date of the service of the writ on the garnishee, the

garnishee shall transmit all withheld funds to the plaintiff, plaintiff’s attorney, or the

court as directed by the court pursuant to subrule (E)(3)(e) unless notified that

objections have been filed.

(2) For periodic garnishments, all future payments shall be paid as they become due as

directed by the court pursuant to subrule (E)(3)(e) until the garnishment ceases to be

effective under subrule (B)(1).

(3) Upon receipt of proceeds from the writ, the court shall forward such proceeds to

the plaintiff.

(4) Payment to the plaintiff may not exceed the amount of the unpaid judgment,

interest, and costs stated in the verified statement requesting the writ of garnishment;

however, if the plaintiff has sent a statement to the garnishee in accordance with MCL

600.4012(5)(a), the balance on which may include additional interest and costs, the

garnishee shall pay to the plaintiff the amount provided in the most recent statement.

(5) In the case of earnings, the garnishee shall maintain a record of all payment

calculations and shall make such information available for review by the plaintiff, the

defendant, or the court, upon request.

(6) For periodic garnishments, within 14 days after the writ ceases to be effective

under subrule (B)(1) or after the garnishee is no longer obligated to make periodic

payments, the garnishee shall file with the court and mail or deliver to the plaintiff and

the defendant, a final statement of the total amount paid on the writ. If the garnishee is

the defendant's employer, the statement is to be filed within 14 days after the writ

cease to be effective, regardless of changes in employment status during the time that

the writ was in effect. The statement shall include the following information:

(a) the names of the parties and the court in which the case is pending;

(b) the case number;

Chapter 3. Special Proceedings and Actions Page 203 Updated June 21, 2024

(d) the total amount withheld.

(7) If the disclosure states that the garnishee holds property other than money

belonging to the defendant, the plaintiff must proceed by motion (with notice to the

defendant and the garnishee) to seek an appropriate order regarding application of the

property to satisfaction of the judgment. If there are no pending objections to the

garnishment, and the plaintiff has not filed such a motion within 56 days after the

filing of the disclosure, the garnishment is dissolved and the garnishee may release the

property to the defendant.

(K) Objections.

(1) Objections shall be filed with the court within 14 days of the date of service of the

writ on the defendant or within 14 days of the date of the most recent statement sent to

the defendant pursuant to MCL 600.4012(5)(a). Objections may be filed after the time

provided in this subrule but do not suspend payment pursuant to subrule (J) unless

ordered by the court. Objections may only be based on defects in or the invalidity of

the garnishment proceeding itself or the balance provided on the statement sent

pursuant to MCL 600.4012(5)(a), and may not be used to challenge the validity of the

judgment previously entered.

(2) Objections shall be based on one or more of the following:

(a) the funds or property are exempt from garnishment by law;

(b) garnishment is precluded by the pendency of bankruptcy proceedings;

(d) garnishment is precluded because the maximum amount permitted by law is

being withheld pursuant to a higher priority garnishment or order;

(e) the judgment has been paid;

(f) the garnishment was not properly issued or is otherwise invalid;

(g) the balance on the statement sent pursuant to MCL 600.4012(5)(a) is incorrect.

(3) Within 7 days of the filing of objections, notice of the date of hearing on the

objections shall be sent to the plaintiff, the defendant, and the garnishee. The hearing

date shall be within 21 days of the date the objections are filed. In district court, notice

shall be sent by the court. In circuit and probate court, notice shall be sent by the

objecting party.

(4) The court shall notify the plaintiff, the defendant, and the garnishee of the court's

decision.

(L) Steps After Disclosure; Third Parties; Interpleader; Discovery.

(1) Within 14 days after service of the disclosure, the plaintiff may serve the garnishee

with written interrogatories or notice the deposition of the garnishee. The answers to

the interrogatories or the deposition testimony becomes part of the disclosure.

Chapter 3. Special Proceedings and Actions Page 204 Updated June 21, 2024

(2) If the garnishee's disclosure declares that a named person other than the defendant

and the plaintiff claims all or part of the disclosed indebtedness or property, the court

may order that the claimant be added as a defendant in the garnishment action under

MCR 2.207. The garnishee may proceed under MCR 3.603 as in interpleader actions,

and other claimants may move to intervene under MCR 2.209.

(3) The discovery rules apply to garnishment proceedings.

(4) The filing of a disclosure, the filing of answers to interrogatories, or the personal

appearance by or on behalf of the garnishee at a deposition does not waive the

garnishee's right to question the court's jurisdiction, the validity of the proceeding, or

the plaintiff's right to judgment.

(M) Determination of Garnishee’s Liability.

(1) If there is a dispute regarding the garnishee's liability or if another person claims an

interest in the garnishee's property or obligation, the issue shall be tried in the same

manner as other civil actions.

(2) The verified statement acts as the plaintiff's complaint against the garnishee, and

the disclosure serves as the answer. The facts stated in the disclosure must be accepted

as true unless the plaintiff has served interrogatories or noticed a deposition within the

time allowed by subrule (L)(1) or another party has filed a pleading or motion denying

the accuracy of the disclosure. Except as the facts stated in the verified statement are

admitted by the disclosure, they are denied. Admissions have the effect of admissions

in responsive pleadings. The defendant and other claimants added under subrule (L)(2)

may plead their claims and defenses as in other civil actions. The garnishee's liability

to the plaintiff shall be tried on the issues thus framed.

(3) Even if the amount of the garnishee's liability is disputed, the plaintiff may move

for judgment against the garnishee to the extent of the admissions in the disclosure.

The general motion practice rules govern notice (including notice to the garnishee and

the defendant) and hearing on the motion.

(4) The issues between the plaintiff and the garnishee will be tried by the court unless

a party files a demand for a jury trial within 7 days after the filing of the disclosure,

answers to interrogatories, or deposition transcript, whichever is filed last. The

defendant or a third party waives any right to a jury trial unless a demand for a jury is

filed with the pleading stating the claim.

(5) On the trial of the garnishee's liability, the plaintiff may offer the record of the

garnishment proceeding and other evidence. The garnishee may offer evidence not

controverting the disclosure, or in the discretion of the court, may show error or

mistakes in the disclosure.

(6) If the court determines that the garnishee is indebted to the defendant, but the time

for payment has not arrived, a judgment may not be entered until after the time of

maturity stated in the verdict or finding.

(N) Orders for Installment Payments.

Chapter 3. Special Proceedings and Actions Page 205 Updated June 21, 2024

(1) An order for installment payments under MCL 600.6201 et seq. suspends the

effectiveness of a writ of garnishment of periodic payments for work and labor

performed by the defendant from the time the order is served on the garnishee. An

order for installment payments does not suspend the effectiveness of a writ of

garnishment of nonperiodic payments or of an income tax refund or credit.

(2) If an order terminating the installment payment order is entered and served on the

garnishee, the writ again becomes effective and retains its priority and remains in force

as if the installment payment order had never been entered.

(O) Judgment and Execution.

(1) Judgment may be entered against the garnishee for the payment of money or the

delivery of specific property as the facts warrant. A money judgment against the

garnishee may not be entered in an amount greater than the amount of the unpaid

judgment, interest, and costs as stated in the verified statement requesting the writ of

garnishment. Judgment for specific property may be enforced only to the extent

necessary to satisfy the judgment against the defendant.

(2) The judgment against the garnishee discharges the garnishee from all demands by

the defendant for the money paid or property delivered in satisfaction of the judgment.

If the garnishee is sued by the defendant for anything done under the provisions of

these garnishment rules, the garnishee may introduce as evidence the judgment and the

satisfaction.

(3) If the garnishee is chargeable for specific property that the garnishee holds for or is

bound to deliver to the defendant, judgment may be entered and execution issued

against the interest of the defendant in the property for no more than is necessary to

satisfy the judgment against the defendant. The garnishee must deliver the property to

the officer serving the execution, who shall sell, apply, and account as in other

executions.

(4) If the garnishee is found to be under contract for the delivery of specific property to

the defendant, judgment may be entered and execution issued against the interest of

the defendant in the property for no more than is necessary to satisfy the judgment

against the defendant. The garnishee must deliver the property to the officer serving

the execution according to the terms of the contract. The officer shall sell, apply, and

account as in ordinary execution.

(5) If the garnishee is chargeable for specific property and refuses to expose it so that

execution may be levied on it, the court may order the garnishee to show cause why

general execution should not issue against the garnishee. Unless sufficient cause is

shown to the contrary, the court may order that an execution be issued against the

garnishee in an amount not to exceed twice the value of the specifically chargeable

property.

(6) The court may issue execution against the defendant for the full amount due the

plaintiff on the judgment against the defendant. Execution against the garnishee may

not be ordered by separate writ, but must always be ordered by endorsement on or by

Chapter 3. Special Proceedings and Actions Page 206 Updated June 21, 2024

incorporation within the writ of execution against the defendant. The court may order

additional execution to satisfy the plaintiff's judgment as justice requires.

(7) Satisfaction of all or part of the judgment against the garnishee constitutes

satisfaction of a judgment to the same extent against the defendant.

(P) Appeals. A judgment or order in a garnishment proceeding may be set aside or

appealed in the same manner and with the same effect as judgments or orders in other civil

actions.

(Q) Receivership.

(1) If on disclosure or trial of a garnishee's liability, it appears that when the writ was

served the garnishee possessed,

(a) a written promise for the payment of money or the delivery of property

belonging to the defendant, or

(b) personal property belonging to the defendant, the court may order the garnishee

to deliver it to a person appointed as receiver.

(2) The receiver must

(a) collect the written promise for payment of money or for the delivery of

property and apply the proceeds on any judgment in favor of the plaintiff against

the garnishee and pay any surplus to the garnishee, and

(b) dispose of the property in an amount greater than any encumbrance on it can be

obtained, and after paying the amount of the encumbrance, apply the balance to the

plaintiff's judgment against the garnishee and pay any surplus to the garnishee.

(3) If the garnishee refuses to comply with the delivery order, the garnishee is liable

for the amount of the written promise for the payment of money, the value of the

promise for the delivery of property, or the value of the defendant’s interest in the

encumbered personal property. The facts of the refusal and the valuation must be

included in the receiver's report to the court.

(4) The receiver shall report all actions pertaining to the promise or property to the

court. The report must include a description and valuation of any property, with the

valuation to be ascertained by appraisal on oath or in a manner the court may direct.

(R) Costs and Fees.

(1) Costs and fees are as provided by law or these rules.

(2) Within 28 days after receipt of the disclosure filed pursuant to subrule (H) by a

garnishee of a periodic garnishment disclosing that it does not employ the defendant

and is not otherwise liable for periodic payments, or from a garnishee of a nonperiodic

garnishment disclosing that it does not hold property subject to garnishment and the

defendant is not indebted to the garnishee, the plaintiff shall deduct any costs

associated with that garnishment that may have been added to the judgment balance

pursuant to MCR 2.625(K), unless the court otherwise directs.

Chapter 3. Special Proceedings and Actions Page 207 Updated June 21, 2024

(S) Failure to Disclose or to Do Other Acts; Default; Contempt.

(1) For garnishments filed under MCR 3.101(B)(2) (nonperiodic):

(a) If the garnishee fails to disclose or do a required act within the time limit

imposed, a default may be taken as in other civil actions. A default judgment

against a garnishee may not exceed the amount of the garnishee's liability as

provided in subrule (G)(2).

(b) If the garnishee fails to comply with the court order, the garnishee may be

adjudged in contempt of court.

(2) For garnishments filed under MCR 3.101(B)(1) (periodic):

MCL 600.4012 (6)-(10) governs default, default judgments, and motions to set aside

default judgments for periodic garnishments.

(3) The court may impose costs on a garnishee whose default or contempt results in

expense to other parties. Costs imposed shall include reasonable attorney fees and

shall not be less than $100.

(4) This rule shall not apply to nonperiodic garnishments filed for an income tax

refund or credit.

(T) Judicial Discretion. On motion the court may by order extend the time for:

(1) the garnishee’s disclosure;

(2) the plaintiff’s filing of written interrogatories;

(3) the plaintiff’s filing of a demand for oral examination of the garnishee;

(4) the garnishee’s answer to written interrogatories;

(5) the garnishee’s appearance for oral examination; and

(6) the demand for jury trial.

The order must be filed with the court and served on the other parties.

ULE 3.102 GARNISHMENT BEFORE JUDGMENT

(A) Availability of Prejudgment Garnishment.

(1) After commencing an action on a contract, the plaintiff may obtain a prejudgment

writ of garnishment under the circumstances and by the procedures provided in this

rule.

(2) Except as provided in subrule (A)(3), a prejudgment garnishment may not be used

(a) unless the defendant is subject to the jurisdiction of the court under chapter 7 of

the Revised Judicature Act, MCL 600.701 et seq.;

(b) to garnish a defendant's earnings; or

unit of the state.

Chapter 3. Special Proceedings and Actions Page 208 Updated June 21, 2024

(3) This rule also applies to a prejudgment garnishment in an action brought to enforce

a foreign judgment. However, the following provisions apply:

(a) The defendant need not be subject to the court's jurisdiction;

(b) The request for garnishment must show that

(i) the defendant is indebted to the plaintiff on a foreign judgment in a stated

amount in excess of all setoffs;

(ii) the defendant is not subject to the jurisdiction of the state, or that after

diligent effort the plaintiff cannot serve the defendant with process; and

(iii) the person making the request knows or has good reason to believe that a

named person

(A) has control of property belonging to the defendant, or

(B) is indebted to the defendant.

(B) Request for Garnishment. After commencing an action, the plaintiff may seek a writ

of garnishment by filing an ex parte motion supported by a verified statement setting forth

specific facts showing that:

(1) the defendant is indebted to the plaintiff on a contract in a stated amount in excess

of all setoffs;

(2) the defendant is subject to the jurisdiction of the state;

(3) after diligent effort the plaintiff cannot serve the defendant with process; and

(4) the person signing the statement knows or has good reason to believe that a named

person

(a) has control of property belonging to the defendant, or

(b) is indebted to the defendant.

On a finding that the writ is available under this rule and that the verified statement

states a sufficient basis for issuance of the writ, the judge to whom the action is

assigned may issue the writ.

the verified statement, and must:

(1) direct the garnishee to:

(a) file with the court clerk within 14 days after the service of the writ on him or

her a verified disclosure indicating his or her liability (as specified in subrule [E])

to the defendant;

(b) deliver no tangible or intangible property to the defendant, unless allowed by

statute or court rule;

Chapter 3. Special Proceedings and Actions Page 209 Updated June 21, 2024

(d) promptly provide the defendant with a copy of the writ and verified statement

by personal delivery or by first class mail directed to the defendant's last known

address;

(2) direct the defendant to refrain from disposing of any negotiable instrument

representing a debt of the garnishee or of any negotiable instrument of title

representing property in which he or she claims an interest held in the possession or

control of the garnishee;

(3) inform the defendant that unless the defendant files objections within 14 days after

service of the writ on the defendant, or appears and submits to the jurisdiction of the

court, an order may enter requiring the garnishee to deliver the garnished property or

pay the obligation to be applied to the satisfaction of the plaintiff's claim; and

(4) command the process server to serve the writ and to file a proof of service.

(D) Service of Writ. MCR 3.101(F) applies to prejudgment garnishment.

(E) Liability of Garnishee. MCR 3.101(G) applies to prejudgment garnishment except that

the earnings of the defendant may not be garnished before judgment.

(F) Disclosure. The garnishee shall file and serve a disclosure as provided in MCR

3.101(H).

(G) Payment or Deposit Into Court. MCR 3.101(I) and (J) apply to prejudgment

garnishment, except that payment may not be made to the plaintiff until after entry of

judgment, as provided in subrule (I).

(H) Objection; Dissolution of Prejudgment Garnishment. Objections to and dissolution of

a prejudgment garnishment are governed by MCR 3.101(K) and MCR 3.103(H).

(I) Proceedings After Judgment.

(1) If the garnishment remains in effect until entry of judgment in favor of the plaintiff

against the defendant, the garnished property or obligation may be applied to the

satisfaction of the judgment in the manner provided in MCR 3.101(I), (J), (M), and

(O).

(2) MCR 3.101(P) and (Q) and MCR 3.103(I)(2) apply to prejudgment garnishment.

(J) Costs and Fees; Default; Contempt; Judicial Discretion. MCR 3.101(R), (S), and (T)

apply to prejudgment garnishment.

ULE 3.103 ATTACHMENT

(A) Availability of Writ. After commencing an action, the plaintiff may obtain a writ of

attachment under the circumstances and by the procedures provided in this rule. Except in

an action brought on a foreign judgment, attachment may not be used unless the defendant

Chapter 3. Special Proceedings and Actions Page 210 Updated June 21, 2024

is subject to the jurisdiction of the court under chapter 7 of the Revised Judicature Act.

MCL 600.701 et seq.

(B) Motion for Writ.

(1) The plaintiff may seek a writ of attachment by filing an ex parte motion supported

by an affidavit setting forth specific facts showing that

(a) at the time of the execution of the affidavit the defendant is indebted to the

plaintiff in a stated amount on a contract in excess of all setoffs,

(b) the defendant is subject to the judicial jurisdiction of the state, and

In an action brought on a tort claim or a foreign judgment, subrules (B)(2) and (3),

respectively, apply.

(2) In a tort action the following provisions apply:

(a) Instead of the allegations required by subrule (B)(1)(a), the affidavit in support

of the motion must describe the injury claimed and state that the affiant in good

faith believes that the defendant is liable to the plaintiff in a stated amount. The

other requirements of subrule (B)(1) apply.

(b) If the writ is issued the court shall specify the amount or value of property to be

attached.

(3) In an action brought on a foreign judgment, instead of the allegations required by

subrule (B)(1), the affidavit in support of the motion must show that

(a) the defendant is indebted to the plaintiff on a foreign judgment in a stated

amount in excess of all setoffs,

(b) the defendant is not subject to the jurisdiction of the state or that after diligent

effort the plaintiff cannot serve the defendant with process.

(1) On a finding that the writ is available under this rule and that the affidavit states a

sufficient basis for issuance of the writ, the judge to whom the action is assigned may

issue the writ.

(2) The judge's order shall specify what further steps, if any, must be taken by the

plaintiff to notify the defendant of the action and the attachment.

(D) Contents of Writ. The writ of attachment must command the sheriff or other officer to

whom it is directed

(1) to attach so much of the defendant's real and personal property not exempt from

execution as is necessary to satisfy the plaintiff's demand and costs, and

(2) to keep the property in a secure place to satisfy any judgment that may be

recovered by the plaintiff in the action until further order of the court.

Chapter 3. Special Proceedings and Actions Page 211 Updated June 21, 2024

(E) Execution of Writ; Subsequent Attachments.

(1) The sheriff or other officer to whom a writ of attachment is directed shall execute

the writ by seizing and holding so much of the defendant's property not exempt from

execution, wherever found within the county, as is necessary to satisfy the plaintiff's

demand and costs. If insufficient property is seized, then the officer shall seize other

property of the defendant not exempt from execution, wherever found within

Michigan, as is necessary when added to that already seized, to satisfy the plaintiff's

demand and costs. The property seized must be inventoried by the officer and

appraised by two disinterested residents of the county in which the property was

seized. After being sworn under oath to make a true appraisal, the appraisers shall

make and sign an appraisal. The inventory and appraisal must be filed and a copy

served on the parties under MCR 2.107.

(2) In subsequent attachments of the same property while in the hands of the officer,

the original inventory and appraisal satisfy the requirement of subrule (E)(1).

(F) Attachment of Realty; Stock.

(1) The officer may seize an interest in real estate by depositing a certified copy of the

writ of attachment, including a description of the land affected, with the register of

deeds for the county in which the land is located. It is not necessary that the officer

enter on the land or be within view of it.

(2) Shares of stock or the interest of a stockholder in a domestic corporation must be

seized in the manner provided for the seizure of that property on execution.

(G) Animals or Perishable Property; Sale; Distribution of Proceeds.

(1) When any of the property attached consists of animals or perishable property, the

court may order the property sold and the money from the sale brought into court, to

await the order of the court.

(2) After the order for a sale is entered, the officer having the property shall advertise

and sell it in the manner that personal property of like character is required to be

advertised and sold on execution. The officer shall deposit the proceeds with the clerk

of the court in which the action is pending.

(3) If the plaintiff recovers judgment, the court may order the money paid to the

plaintiff. If the judgment is entered against the plaintiff or the suit is dismissed or the

attachment is dissolved, the court shall order the money paid to the defendant or other

person entitled to it.

(H) Dissolution of Attachment.

(1) Except in an action brought on a foreign judgment, if the defendant submits to the

jurisdiction of the court, the court shall dissolve the attachment.

(2) A person who owns, possesses, or has an interest in attached property may move at

any time to dissolve the attachment. The defendant may move to dissolve the

attachment without submitting to the jurisdiction of the court.

Chapter 3. Special Proceedings and Actions Page 212 Updated June 21, 2024

(a) When a motion for dissolution of attachment is filed, the court shall enter an

order setting a time and place for hearing the motion, and may issue subpoenas to

compel witnesses to attend.

(b) The plaintiff must be served with notice under MCR 2.107 at least 3 days

before the hearing unless the court's order prescribes a different notice

requirement.

the court decides that the defendant was not subject to the jurisdiction of the state

or that the property was not subject to or was exempt from attachment, it shall

dissolve the attachment and restore the property to the defendant, and the

attachment may be dissolved for any other sufficient reason. The court may order

the losing party to pay the costs of the dissolution proceeding.

(3) If the action is dismissed or judgment is entered for the defendant, the attachment

is dissolved.

(I) Satisfaction of Judgment.

(1) If the attachment remains in effect until the entry of judgment against the

defendant, the attached property may be applied to the satisfaction of the judgment,

including interest and costs, in the same manner as in the case of an execution.

(2) If the court does not acquire personal jurisdiction over the defendant, either by

service or by the defendant's appearance, a judgment against the defendant is not

binding beyond the value of the attached property.

ULE 3.104 INSTALLMENT PAYMENT ORDERS

(A) Motion for Installment Payment Order. A party against whom a money judgment has

been entered may move for entry of an order permitting the judgment to be paid in

installments in accordance with MCL 600.6201 et seq. A copy of the motion must be

served on the plaintiff.

(B) Consideration of Motion. The motion will be granted without further hearing unless

the plaintiff files, and serves on the defendant, written objections within 14 days after the

service date of the defendant's motion. If objections are filed, the clerk must promptly

present the motion and objections to the court. The court will decide the motion based on

the documents filed or notify the parties that a hearing will be required. Unless the court

schedules the hearing, the moving party is responsible for noticing the motion for hearing.

pursuant to the order for installment payments, the plaintiff may file and serve on the

defendant a motion to set aside the order for installment payments. Unless a hearing is

requested within 14 days after service of the motion, the order to set aside the order for

installment payments will be entered.

Chapter 3. Special Proceedings and Actions Page 213 Updated June 21, 2024

(D) Request After Failure to Comply with Previous Order. If the defendant moves for an

order for installment payments within 91 days after a previous installment order has been

set aside, unless good cause is shown the court shall assess costs against the defendant as a

condition of entry of the new order.

ULE 3.105 CLAIM AND DELIVERY

(A) Nature of Action; Replevin. Claim and delivery is a civil action to recover

(1) possession of goods or chattels which have been unlawfully taken or unlawfully

detained, and

(2) damages sustained by the unlawful taking or unlawful detention.

A statutory reference to the action of replevin is to be construed as a reference to the

action of claim and delivery.

(B) Rules Applicable. A claim and delivery action is governed by the rules applicable to

other civil actions, except as provided in MCL 600.2920, and this rule.

must:

(1) specifically describe the property claimed;

(2) state the value of the property claimed (which will be used only to set the amount

of bond and not as an admission of value);

(3) state if the property claimed is an independent piece of property or a portion of

divisible property of uniform kind, quality, and value; and

(4) specifically describe the nature of the claim and the basis for the judgment

requested.

If the action is based on a security agreement, a claim for the debt may be joined as a

separate count in the complaint. If the plaintiff, while the action is pending, receives

interim payments equal to the amount originally claimed, the action must be

dismissed.

(D) Answer. An answer to a claim and delivery complaint may concede the claim for

possession and yet contest any other claim.

(E) Possession Pending Final Judgment.

(1) Motion for Possession Pending Final Judgment. After the complaint is filed, the

plaintiff may file a verified motion requesting possession pending final judgment. The

motion must

(a) describe the property to be seized, and

Chapter 3. Special Proceedings and Actions Page 214 Updated June 21, 2024

(b) state sufficient facts to show that the property described will be damaged,

destroyed, concealed, disposed of, or used so as to substantially impair its value,

before final judgment unless the property is taken into custody by court order.

(2) Court Order Pending Hearing. After a motion for possession pending final

judgment is filed, the court, if good cause is shown, must order the defendant to

(a) refrain from damaging, destroying, concealing, disposing of, or using so as to

substantially impair its value, the property until further order of the court; and

(b) appear before the court at a specified time to answer the motion.

(3) Hearing on Motion for Possession Pending Final Judgment.

(a) At least 7 days before a hearing on a motion filed under this subrule, the

defendant must be served with

(i) a copy of the motion; and

(ii) an order entered under subrule (E)(2).

(b) At the hearing, each party may present proofs. To obtain possession before

judgment, the plaintiff must establish

(i) that the plaintiff’s right to possession is probably valid; and

(ii) that the property will be damaged, destroyed, concealed, disposed of, or

used so as to substantially impair its value, before trial.

(i) grant an adjournment of this hearing on the basis that a defendant has not

yet answered the complaint or the motion filed under this subrule; or

(ii) allow a hearing on this motion if the hearing date has been adjourned more

than 56 days with the assent of the plaintiff, unless the plaintiff files a new

motion which includes recitations of any payments made by the defendant

after the original motion was filed.

(4) Order for Custody Pending Final Judgment. After proofs have been taken on the

plaintiff's motion for possession pending final judgment, the court may order whatever

relief the evidence requires. This includes:

(a) denying the motion;

(b) leaving the defendant in possession of the property and restraining the

defendant from damaging, destroying, concealing, or disposing of the property.

The court may condition the defendant's continued possession by requiring the

defendant to

(i) furnish a penalty bond, payable to the plaintiff, of not less than $100 and at

least twice the value of the property stated in the complaint; and

(ii) agree that he or she will surrender the property to the person adjudged

entitled to possession and will pay any money that may be recovered against

him or her in the action;

Chapter 3. Special Proceedings and Actions Page 215 Updated June 21, 2024

either hold it or deliver it to the plaintiff. The court may condition the plaintiff's

possession by requiring the plaintiff to

(i) furnish a penalty bond payable to the defendant, and to the sheriff or court

officer, of not less than $100 and at least twice the value of the property stated

in the complaint; and

(ii) agree that he or she will surrender the property to the person adjudged

entitled to possession, diligently prosecute the suit to final judgment, and pay

any money that may be recovered against him or her in the action.

A bond required in a claim and delivery action must be approved by and filed with

the court within the time the order provides.

(F) Seizure. A copy of an order issued under subrule (E)(4)(c) must be delivered to the

sheriff or court officer, who must

(1) seize the property described in the order;

(2) serve a copy of the order on the defendant, under MCR 2.107; and

(3) file a return with the court showing seizure and service.

(G) Custody; Delivery. After seizing the property, the sheriff or court officer shall keep it

in a secure place and deliver it in accordance with the court order. The sheriff or court

officer is entitled to receive the lawful fees for seizing the property and the necessary

expenses for seizing and keeping it.

(H) Judgment.

(1) The judgment must determine

(a) the party entitled to possession of the property,

(b) the value of the property,

(d) any damages to be awarded.

(2) If the property is not in the possession of the party who is entitled to possession, a

judgment must order the property to be immediately delivered to that party.

(3) If the action is tried on the merits, the value of the property and the damages are

determined by the trier of fact.

(4) If the defendant has been deprived of the property by a prejudgment order and the

main action is dismissed, the defendant may apply to the court for default judgment

under MCR 2.603.

(5) If the plaintiff takes a default judgment, the value of the property and the damages

are determined under MCR 2.603. A defendant who appeared at a show-cause

proceeding is deemed to have filed an appearance.

Chapter 3. Special Proceedings and Actions Page 216 Updated June 21, 2024

(6) The party adjudged entitled to possession of the property described may elect to

take judgment for the value of the property instead of possession. The judgment value

may not exceed the unpaid debt, if any, secured by such property.

(7) The liability of a surety on a bond given under this rule may be determined on

motion under MCR 3.604.

(I) Costs. Costs may be taxed in the discretion of the court. Costs may include the cost of a

bond required by the court, and the costs of seizing and keeping the property.

(J) Execution.

(1) The execution issued on a judgment in a claim and delivery action must command

the sheriff or court officer

(a) to levy the prevailing party's damages and costs on the property of the opposite

party, as in other executions against property; and

(b) if the property described in the judgment is found in the possession of the

defendant, to seize the property described in the judgment and deliver it to the

prevailing party; or, if the property is not found in the possession of the defendant,

to levy the value of it. The value may not exceed the total of the unpaid debt, costs,

and damages.

(2) Execution may not issue on a judgment in a claim and delivery action if more than

28 days have passed from the signing of the judgment, unless

(a) the plaintiff files a motion for execution which must include, if money has been

paid on the judgment, the amount paid and the conditions under which it was

accepted; and

(b) a hearing is held after the defendant has been given notice and an opportunity

to appear.

ULE 3.106 PROCEDURES REGARDING ORDERS FOR THE SEIZURE OF PROPERTY AND ORDERS OF

VICTION

(A) Scope of Rule. This rule applies to orders for the seizure of property and orders of

eviction.

(B) Persons Who May Seize Property or Conduct Evictions. The persons who may seize

property or conduct evictions are those persons named in MCR 2.103(B), and they are

subject to the provisions of this rule unless a provision or a statute specifies otherwise.

(1) A court may provide that property shall be seized and evictions conducted only by

(a) court officers and bailiffs serving that court;

(b) sheriffs and deputy sheriffs;

party; and

Chapter 3. Special Proceedings and Actions Page 217 Updated June 21, 2024

(d) police officers of an incorporated city or village in an action in which the city

or village is a party.

(2) Each court must post, in a public place at the court, a list of those persons who are

serving as court officers or bailiffs. The court must provide the State Court

Administrative Office with a copy of the list and a copy of each court officer’s bond

required under subsection (D)(1), and must notify the State Court Administrative

Office of any changes.

not to exceed 2 years.

(1) The appointment shall be made by the chief judge. Two or more chief judges may

jointly appoint court officers for their respective courts.

(2) The appointing court must specify the nature of the court officer's employment

relationship at the time of appointment.

(3) The appointing court must maintain a copy of each court officer's application, as

required by the State Court Administrative Office.

(4) The State Court Administrative Office shall develop a procedure for the

appointment and supervision of court officers, including a model application form.

Considerations shall include, but are not limited to, an applicant's character,

experience, and references.

(D) Conditions of Service as a Court Officer or Bailiff. Court officers and bailiffs must

(1) post a surety bond pursuant to MCR 8.204;

(2) provide the names and addresses of all financial institutions in which they deposit

funds obtained under this rule, and the respective account numbers; and

(3) provide the names and addresses of those persons who regularly provide services

to them in the seizure of property or evictions.

(E) Forms. The State Court Administrative Office shall publish forms approved for use

with regard to the procedures described in this rule.

(F) Procedures Generally.

(1) All persons specified in MCR 2.103(B) must carry and display identification

authorized by the court or the agency that they serve.

(2) A copy of the order for seizure of property or eviction shall be served on the

defendant or the defendant's agent, or left or posted on the premises in a conspicuous

place. If property is seized from any other location, a copy of the order shall be mailed

to the defendant's last known address.

(G) Procedures Regarding Orders for Seizure of Property.

Chapter 3. Special Proceedings and Actions Page 218 Updated June 21, 2024

(1) Orders for seizure of property shall be issued pursuant to statute and endorsed upon

receipt.

(2) No funds may be collected pursuant to an order for seizure of property prior to

service under subrule (F)(2).

(3) An inventory and receipt shall be prepared upon seizure of property or payment of

funds.

(a) The original shall be filed with the court within 7 days of the seizure or

payment.

(b) A copy shall be

(i) provided to the parties or their respective attorneys or agents and posted on

the premises in a conspicuous place; if the property is seized from any other

location, a copy shall be mailed to the nonprevailing party's last known

address, and

(ii) retained by the person who seized the property.

(4) Property seized shall be disposed of according to law.

(5) Within 21 days, and as directed by the court, any money that is received shall be

paid to the court or deposited in a trust account for payment to the prevailing party or

that party's attorney.

(6) Costs allowed by statute shall be paid according to law.

(a) Copies of all bills and receipts for service shall be retained for one year by the

person serving the order.

(b) Statutory collection fees shall be paid in proportion to the amount received.

(7) Within 14 days after the expiration of the order or satisfaction of judgment,

whichever is first, the following shall be filed with the court and a copy provided to the

prevailing party or that party's attorney:

(a) a report summarizing collection activities, including an accounting of all

money or property collected,

(b) a report that collection activities will continue pursuant to statute, if applicable,

(H) Procedures Regarding Orders of Eviction. Copies of all bills and receipts for services

shall be retained by the person serving the order for one year.

ULE 3.110 STOCKHOLDERS' LIABILITY PROCEEDINGS

(A) Scope of Rule. This rule applies to actions brought under MCL 600.2909.

Chapter 3. Special Proceedings and Actions Page 219 Updated June 21, 2024

(B) When Action May Be Brought. An action against stockholders in which it is claimed

that they are individually liable for debts of a corporation may not be brought until:

(1) a judgment has been recovered against the corporation for the indebtedness;

(2) an execution on the judgment has been issued to the county in which the

corporation has its principal office or carries on its business; and

(3) the execution has been returned unsatisfied in whole or in part.

plaintiff may apply to the court that entered the judgment to order a list of stockholders.

The court shall enter an order to be served on the secretary or other proper officer of the

corporation, requiring the officer, within the time provided in the order, to file a statement

under oath listing the names and addresses of all persons who appear by the corporation

books to have been, or who the officer has reason to believe were, stockholders when the

debt accrued, and the amount of stock held by each of them.

(D) Commencement of Action; Complaint. An action against the stockholders to impose

personal liability on them for the debt of the corporation may be commenced and carried

on as other civil actions under these rules. The complaint must, among other things, state:

(1) that the plaintiff has obtained a judgment against the corporation and the amount;

(2) that execution has been issued and returned unsatisfied in whole or in part, and the

amount remaining unpaid;

(3) that the persons named as defendants are the persons listed in the statement filed by

the officer of the corporation under subrule (C);

(4) the amount of stock held by each defendant, or that the plaintiff could not, with

reasonable diligence, ascertain the amounts;

(5) the consideration received by the corporation for the debt on which judgment was

rendered;

(6) a request for judgment against the stockholders in favor of the plaintiff for the

amount alleged to be due from the corporation.

(E) Judgment Against Corporation As Evidence. At the trial the judgment against the

corporation and the amount remaining unpaid are prima facie evidence of the amount due

to the plaintiff but are not evidence that the debt on which the judgment was rendered is

one for which the defendants are personally liable.

(F) Entry of Judgment Against Defendant. If a defendant admits the facts set forth in the

complaint or defaults by failing to answer, or if the issues are determined against the

defendant, judgment may be entered against him or her for the amount of the judgment

against the corporation remaining unpaid, on proof that the debt is one for which that

defendant is personally liable as a stockholder.

Chapter 3. Special Proceedings and Actions Page 220 Updated June 21, 2024

(G) Order of Apportionment; Execution. After judgment has been entered against all or

some of the defendants, the court may apportion among these defendants the sum for

which they have been adjudged liable pro rata according to the stock held by each. If any

defendant fails to pay the amount apportioned against that defendant within 21 days,

execution may issue as in other civil actions.

(H) Reapportionment. If execution is returned unsatisfied in whole or in part against any

of the defendants as to whom apportionment has been made, the court has the power and

the duty on application by the plaintiff to reapportion the sum remaining uncollected on

the basis of subrule (G) among the remaining defendants adjudged liable. Execution may

issue for the collection of these amounts.

(I) Contribution Among Stockholders. A stockholder who has been compelled to pay

more than his or her pro rata share of the debts of the corporation, according to the amount

of stock held, is entitled to contribution from other stockholders who are also liable for the

debt and who have not paid their portions.

SUBCHAPTER 3.200 DOMESTIC RELATIONS ACTIONS

RULE 3.201 APPLICABILITY OF RULES

(A) Subchapter 3.200 applies to

(1) actions for divorce, separate maintenance, the annulment of marriage, the

affirmation of marriage, paternity, support under MCL 552.451 et seq. or MCL 722.1

et seq., the custody of minors or parenting time under MCL 722.21 et seq. or MCL

722.1101 et seq.,

(2) an expedited proceeding to determine paternity or child support under MCL

722.1491 et seq., or to register a foreign judgment or order under MCL 552.2101 et

seq. or MCL 722.1101 et seq., and to

(3) proceedings that are ancillary or subsequent to the actions listed in subrules (A)(1)

and (A)(2) and that relate to

(a) the custody of minors,

(b) parenting time with minors, or

(B) As used in this subchapter with regard to child support, the terms “minor” or “child”

may include children who have reached the age of majority, in the circumstances where

the legislature has so provided.

relations actions is governed by other applicable provisions of the Michigan Court Rules,

except the number of interrogatories set forth in MCR 2.309(A)(2) shall be thirty-five.

Chapter 3. Special Proceedings and Actions Page 221 Updated June 21, 2024

(D) When used in this subchapter, unless the context otherwise indicates:

(1) “Case” means an action commenced in the family division of the circuit court by

filing one of the following case initiating documents:

(a) an original complaint;

(b) transfer of an action from another court or tribunal;

(d) a petition under MCR 3.222(C);

(e) a consent judgment under MCR 3.223;

(f) a complaint and notice under MCR 3.230; or

(g) a request for entry of a consent agreement and a consent judgment or order

under MCR 3.230.

(2) “File” means the repository for collection of the pleadings and other documents

and materials related to a case. A file may include more than one case involving a

family.

(3) “Jurisdiction” means the authority of the court to hear cases and make decisions

and enter orders on cases.

(4) “Case initiating document” includes a statement, letter, or other document

filed in lieu of a complaint to open a case and request relief under the Summary

Support and Paternity Act, MCL 722.1491 et seq., or to register a foreign

judgment or order under the Uniform Interstate Family Support Act, MCL

552.2101 et seq. or the Uniform Child Custody Jurisdiction Enforcement Act,

MCL 722.1101 et seq.

RULE 3.202 CAPACITY TO SUE

(A) Minors and Incompetent Persons. Except as provided in subrule (B), minors and

incompetent persons may sue and be sued as provided in MCR 2.201.

(B) Emancipated Minors. An emancipated minor may sue and be sued in the minor's own

name, as provided in MCL 722.4e(1)(b).

ULE 3.203 SERVICE OF NOTICE AND COURT DOCUMENTS IN DOMESTIC RELATIONS CASES

(A) Manner of Service. Unless otherwise required by court rule or statute, the summons

and complaint must be served pursuant to MCR 2.105. In cases in which the court retains

jurisdiction

(1) notice must be provided as set forth in the statute requiring the notice. Unless

otherwise required by court rule or statute, service by mail shall be to a party's last

known mailing address, and

Chapter 3. Special Proceedings and Actions Page 222 Updated June 21, 2024

(2) court documents and notice for which the statute or court rule does not specify the

manner of service must be served as provided in MCR 2.107, except that service by

mail shall be to a party's last known mailing address.

(3) Alternative Electronic Service.

A party or an attorney may file an agreement with the friend of the court to

authorize the friend of the court to serve notices and court papers on the party or

attorney in accordance with MCR 2.107(C)(4).

(B) Place of Service; After Entry of Judgment or Order. When a domestic relations

judgment or order requires the parties to inform the friend of the court office of any

changes in their mailing address, a party's last known mailing address means the most

recent address

(1) that the party provided in writing to the friend of the court office, or

(2) set forth in the most recent judgment or order entered in the case, or

(3) the address established by the friend of the court office pursuant to subrule (D).

has been filed and served on a party, but before entry of a judgment or order that requires

the parties to inform the friend of the court of any changes in their mailing address, the last

known mailing address is the most recent address

(1) set forth in the pleadings, or

(2) that a party provides in writing to the friend of the court office.

(D) Administrative Change of Address. The friend of the court office may change a party's

address administratively pursuant to the policy established by the state court administrator

for that purpose when:

(1) a party’s address changes in another friend of the court office pursuant to these

rules, or

(2) notices and court documents are returned to the friend of the court office as

undeliverable or the friend of the court determines that a federal automated database

has determined that mail is not deliverable to the party’s listed address.

(E) Service on Nonparties. Notice to a nonparty must be provided as set forth in the statute

requiring the notice. Absent statutory direction, the notice may be provided by regular

mail. Absent statutory direction, court documents initiating an action against nonparties to

enforce a notice must be served in the same manner as a summons and complaint pursuant

to MCR 2.105.

(F) Confidential Addresses. When a court order makes a party's address confidential, the

party shall provide an alternative address for service of notice and court documents.

Chapter 3. Special Proceedings and Actions Page 223 Updated June 21, 2024

(G) Notice to Friend of the Court. Except where electronic filing is implemented, if a child

of the parties or a child born during the marriage is under the age of 18, or if a party is

pregnant, or if child support or spousal support is requested, the parties must provide the

friend of the court with a copy of all pleadings and other documents filed in the action.

The copy must be marked “friend of the court” and submitted to the court clerk at the time

of filing. The court clerk must send the copy to the friend of the court. Where electronic

filing is implemented, the court and the friend of the court shall determine the manner in

which the court will make pleadings and other documents filed in the action available to

the friend of the court. The court and friend of the court shall not require the parties to

provide paper copies of electronically filed pleadings.

(H) Notice to Prosecuting Attorney. In an action for divorce or separate maintenance in

which a child of the parties or a child born during the marriage is under the age of 18, or if

a party is pregnant, the plaintiff must serve a copy of the summons and complaint on the

prosecuting attorney when required by law.

(I) Notice to Attorneys.

(1) Copies of notices required to be given to the parties also must be sent to the

attorneys of record.

(2) The notice requirement of this subrule remains in effect until 21 days after

judgment is entered or until postjudgment matters are concluded, whichever is later.

(J) Service of Informational Pamphlet. If a child of the parties or a child born during the

marriage is under the age of 18, or if a party is pregnant, or if child support or spousal

support is requested, the plaintiff must serve with the complaint a copy of the friend of the

court informational pamphlet required by MCL 552.505(1)(c). The proof of service must

state that service of the informational pamphlet has been made.

ULE 3.204 PROCEEDINGS AFFECTING CHILDREN

(A) Unless the court orders otherwise for good cause, if a circuit court action involving

child support, custody, or parenting time is pending, or if the circuit court has continuing

jurisdiction over such matters because of a prior action:

(1) A new action concerning support, custody or parenting time of the same child must

be filed as a motion in the earlier action if the relief sought would have been available

in the original cause of action. If the relief sought was not available in the original

action, the new action must be filed as a new complaint.

(2) A new action for the support, custody, or parenting time of a different child of the

same parents must be filed in the same county as the prior action if the circuit court for

that county has jurisdiction over the new action and the new case must be assigned to

the same judge to whom the previous action was assigned.

(3) Whenever possible, all actions involving the custody, parenting time, and

support of children of the same parents shall be administered together. Unless the

court finds that good cause exists not to do so, when the court enters a final order

Chapter 3. Special Proceedings and Actions Page 224 Updated June 21, 2024

in a new action involving a new child of those parents, the order shall consolidate

the provisions for custody, parenting time, and support for both that child and any

children named in previous actions over which the court has jurisdiction involving

the same parents. The order must reference the other cases and state that it

supersedes the custody, parenting time, and support provisions of the orders

entered previously in those cases. In the new action, the court may modify custody,

parenting time, and support provisions in preexisting orders involving another

child or children of the same parents, provided that the modification is supported

by evidence presented in the new case and both parents have had an opportunity to

be heard concerning the proposed modifications.

(B) When more than one circuit court action involving support, custody, or parenting time

of a child is pending, or more than one circuit court has continuing jurisdiction over those

matters because of prior actions, a complaint for the support, custody, or parenting time of

a different child of the same parents must be filed in whichever circuit court has

jurisdiction to decide the new action. If more than one of the previously involved circuit

courts would have jurisdiction to decide the new action, or if the action might be filed in

more than one county within a circuit:

(1) The new action must be filed in the same county as a prior action involving the

parents’ separate maintenance, divorce, or annulment.

(2) If no prior action involves separate maintenance, divorce, or annulment, the new

action must be filed:

(a) in the county of the circuit court that has issued a judgment affecting the

majority of the parents’ children in common, or

(b) if no circuit court for a county has issued a judgment affecting a majority of the

parents’ children in common, then in the county of the circuit court that has issued

the most recent judgment affecting a child of the same parents.

support provisions of multiple orders administratively when:

(1) the cases involve different children of the same parents but all other parties are the

same, or

(2) more than one action involves the same child and parents.

The order must reference the other cases and state that it supersedes the custody,

parenting time, and support provisions of the orders in those cases.

(D) In a case involving a dispute regarding the custody of a minor child, the court may, on

motion of a party or on its own initiative, for good cause shown, appoint a guardian ad

litem to represent the child and assess the costs and reasonable fees against the parties

involved in full or in part.

Chapter 3. Special Proceedings and Actions Page 225 Updated June 21, 2024

RULE 3.205 PRIOR AND SUBSEQUENT ORDERS AND JUDGMENTS AFFECTING MINORS

(A) Jurisdiction. If an order or judgment has provided for continuing jurisdiction of a

minor and proceedings are commenced in another Michigan court having separate

jurisdictional grounds for an action affecting that minor, a waiver or transfer of

jurisdiction is not required for the full and valid exercise of jurisdiction by the subsequent

court.

(B) Notice to Prior Court, Friend of the Court, Juvenile Officer, and Prosecuting Attorney.

(1) As used in this rule, “appropriate official” means the friend of the court, juvenile

officer, or prosecuting attorney, depending on the nature of the prior or subsequent

court action and the court involved.

(2) If a minor is known to be subject to the prior continuing jurisdiction of a Michigan

court, the plaintiff or other initiating party must send notice of proceedings in the

subsequent court to

(a) the clerk or register of the prior court, and

(b) the appropriate official of the prior court.

(3) The notice must be sent at least 21 days before the date set for hearing. If the fact of

continuing jurisdiction is not then known, notice must be sent immediately when it

becomes known.

(4) The notice requirement of this subrule is not jurisdictional and does not preclude

the subsequent court from entering interim orders before the expiration of the 21-day

period, if required by the best interests of the minor.

(1) Each provision of a prior order remains in effect until the provision is superseded,

changed, or terminated by a subsequent order.

(2) A subsequent court must give due consideration to prior continuing orders of other

courts, and may not enter orders contrary to or inconsistent with such orders, except as

provided by law.

(D) Duties of Officials of Prior and Subsequent Courts.

(1) Upon receipt of the notice required by subrule (B), the appropriate official of the

prior court

(a) must provide the subsequent court with copies of all relevant orders then in

effect and copies of relevant records and reports, and

(b) may appear in person at proceedings in the subsequent court, as the welfare of

the minor and the interests of justice require.

(2) Upon request of the prior court, the appropriate official of the subsequent court

Chapter 3. Special Proceedings and Actions Page 226 Updated June 21, 2024

(a) must notify the appropriate official of the prior court of all proceedings in the

subsequent court, and

(b) must send copies of all orders entered in the subsequent court to the attention of

the clerk or register and the appropriate official of the prior court.

(3) If a circuit court awards custody of a minor pursuant to MCL 722.26b, the clerk of

the circuit court must send a copy of the judgment or order of disposition to the

probate court that has prior or continuing jurisdiction of the minor as a result of the

guardianship proceedings, regardless whether there is a request.

(4) Upon receipt of an order from the subsequent court, the appropriate official of the

prior court must take the steps necessary to implement the order in the prior court.

ULE 3.206 INITIATING A CASE

(A) Information in Case Initiating Document.

(1) The form, captioning, signing, and verifying of documents are prescribed in MCR

1.109(D) and (E).

(2) Except for matters considered confidential by statute or court rule, in all domestic

relations actions, the complaint or other case initiating document must state

(a) the allegations required by applicable statutes;

(b) the residence information required by statute; and

children of the parties and all minor children born during the marriage, and for

complaints for divorce, the ages of all children born of the marriage.

(3) When any pending or resolved family division or tribal court case exists that

involves family members of the person(s) named in the case initiation document filed

under subrule (2), the filing party must complete and file a case inventory listing those

cases, if known. The case inventory is confidential, not subject to service

requirements, and is available only to the party that filed it, the filing party’s attorney,

the court, and the friend of the court. The case inventory must be on a form approved

by the State Court Administrative Office. This does not apply to outgoing requests to

other states and incoming registration actions filed under the Revised Uniform

Reciprocal Enforcement of Support Act, MCL 780.151 et seq. and the Uniform

Interstate Family Support Act, MCL 552.2101 et seq.

(4) In an action for divorce, separate maintenance, annulment of marriage, or

affirmation of marriage, regardless of the contentions of the parties with respect to the

existence or validity of the marriage, the complaint also must state

(a) the names of the parties before the marriage;

(b) whether there are minor children of the parties or minor children born during

the marriage;

Chapter 3. Special Proceedings and Actions Page 227 Updated June 21, 2024

(d) the factual grounds for the action, except that in an action for divorce or

separate maintenance the grounds must be stated in the statutory language, without

further particulars; and

(e) whether there is property to be divided.

(5) A party who requests spousal support in an action for divorce, separate

maintenance, annulment, affirmation of marriage, or spousal support, must allege facts

sufficient to show a need for such support and that the other party is able to pay.

(6) A party who requests an order for personal protection or for the protection of

property, including but not limited to restraining orders and injunctions against

domestic violence, must allege facts sufficient to support the relief requested.

(B) In a case in which the custody or parenting time of a minor is to be determined or

modified, the filing party shall file a Uniform Child Custody Jurisdiction Enforcement Act

Affidavit, on a form approved by the State Court Administrative Office, as required by

MCL 722.1209(1).

(1) Verified Statement. In an action involving a minor, or if child support or spousal

support is requested, the party seeking relief must provide to the friend of the court a

verified statement containing, at a minimum, personal identifying, financial, and

health care coverage information of the parties and minor children. A copy of the

Verified Statement must be served on the other party. The Verified Statement must be

completed on a form approved by the State Court Administrative Office.

(2) Verified Financial Information Form. Unless waived in writing by the parties, or

unless a settlement agreement or consent judgment of divorce or other final order

disposing of the case has been signed by both parties at the time of filing, and except

as set forth below, each party must serve a Verified Financial Information Form (as

provided by SCAO) within 28 days following the date of service of defendant’s initial

responsive pleading. If a party is self-represented and his or her address is not

disclosed due to domestic violence, the parties’ Verified Financial Information forms

will be exchanged at the first scheduled matter involving the parties or in another

manner as specified by the court or stipulated to by the parties. A party who is a victim

of domestic violence, sexual assault or stalking by another party to the case, may omit

any information which might lead to the location of where the victim lives or works, or

where a minor child may be found. Failing to provide this Verified Financial

Information form may be addressed by the court or by motion consistent with MCR

2.313. The Verified Financial Information form does not preclude other discovery. A

proof of service must be filed when Verified Financial Information forms are served.

(3) The information in the Verified Statement and Verified Financial Information

forms is confidential, and is not to be released other than to the court, the parties, or the

attorneys for the parties, except on court order. For good cause, the addresses of a

party and minors may be omitted from the copy of the Verified Statement and Verified

Chapter 3. Special Proceedings and Actions Page 228 Updated June 21, 2024

Financial Information forms that are served on the other party. If a party excludes his

or her address for good cause, that party shall either:

(a) submit to electronic filing and electronic service under MCR 1.109(G), or

(b) provide an alternative address where mail can be received.

(4) If any of the information required to be in the Verified Statement or Verified

Financial Information forms is omitted, the party seeking relief must explain the

reasons for the omission in those forms, or in a separate statement, verified under

MCR 1.109(D)(3)(b) to be filed with the court by the due date of the form.

(5) A party who has served a Verified Financial Information form must supplement or

correct its disclosure as ordered by the court or otherwise in a timely manner if the

party learns that in some material respect the Verified Financial Information form is

incomplete or incorrect, and if the additional or corrective information has not

otherwise been made known to the other parties during the action or in writing.

(6) When the action is to establish paternity or child support and the pleadings are

generated from Michigan’s automated child support enforcement system, the party is

not required to comply with subrule (C)(1), (C)(2), or MCR 3.211(F)(2). However, the

party may comply with subrule (C)(1), (C)(2), or MCR 3.211(F)(2) to provide the

other party an opportunity to supply any omissions or correct any inaccuracies.

(D) Attorney Fees and Expenses.

(1) A party may, at any time, request that the court order the other party to pay all or

part of the attorney fees and expenses related to the action or a specific proceeding,

including a post-judgment proceeding.

(2) A party who requests attorney fees and expenses must allege facts sufficient to

show that

(a) the party is unable to bear the expense of the action, including the expense of

engaging in discovery appropriate for the matter, and that the other party is able to

pay, or

(b) the attorney fees and expenses were incurred because the other party refused to

comply with a previous court order, despite having the ability to comply, or

engaged in discovery practices in violation of these rules.

ULE 3.207 EX PARTE, TEMPORARY, AND PROTECTIVE ORDERS

(A) Scope of Relief. The court may issue ex parte and temporary orders with regard to any

matter within its jurisdiction, and may issue protective orders against domestic violence as

provided in subchapter 3.700.

(B) Ex Parte Orders.

(1) Pending the entry of a temporary order, the court may enter an ex parte order if the

court is satisfied by specific facts set forth in an affidavit or verified pleading that

Chapter 3. Special Proceedings and Actions Page 229 Updated June 21, 2024

irreparable injury, loss, or damage will result from the delay required to effect notice,

or that notice itself will precipitate adverse action before an order can be issued.

(2) The moving party must arrange for the service of true copies of the ex parte order

on the friend of the court and the other party.

(3) An ex parte order is effective upon entry and enforceable upon service.

(4) An ex parte order remains in effect until modified or superseded by a temporary or

final order.

(5) An ex parte order providing for child support, custody, or visitation pursuant to

MCL 722.27a, must include the following notice:

“Notice:

“1. You may file a written objection to this order or a motion to modify or rescind

this order. You must file the written objection or motion with the clerk of the court

within 14 days after you were served with this order. You must serve a true copy of

the objection or motion on the friend of the court and the party who obtained the

order.

“2. If you file a written objection, the friend of the court must try to resolve the

dispute. If the friend of the court cannot resolve the dispute and if you wish to

bring the matter before the court without the assistance of counsel, the friend of the

court must provide you with form pleadings and written instructions and must

schedule a hearing with the court.

“3. The ex parte order will automatically become a temporary order if you do not

file a written objection or motion to modify or rescind the ex parte order and a

request for a hearing. Even if an objection is filed, the ex parte order will remain in

effect and must be obeyed unless changed by a later court order.”

(6) In all other cases, the ex parte order must state that it will automatically become a

temporary order if the other party does not file a written objection or motion to modify

or rescind the ex parte order and a request for a hearing. The written objection or

motion and the request for a hearing must be filed with the clerk of the court, and a

true copy provided to the friend of the court and the other party, within 14 days after

the order is served.

(a) If there is a timely objection or motion and a request for a hearing, the hearing

must be held within 21 days after the objection or motion and request are filed.

(b) A change that occurs after the hearing may be made retroactive to the date the

ex parte order was entered.

(7) The provisions of MCR 3.310 apply to temporary restraining orders in domestic

relations cases.

Chapter 3. Special Proceedings and Actions Page 230 Updated June 21, 2024

(1) A request for a temporary order may be made at any time during the pendency of

the case by filing a verified motion that sets forth facts sufficient to support the relief

requested.

(2) A temporary order may not be issued without a hearing, unless the parties agree

otherwise or fail to file a written objection or motion as provided in subrules (B)(5)

and (6).

(3) A temporary order may be modified at any time during the pendency of the case,

following a hearing and upon a showing of good cause.

(4) A temporary order must state its effective date and whether its provisions may be

modified retroactively by a subsequent order.

(5) A temporary order remains in effect until modified or until the entry of the final

judgment or order.

(6) A temporary order not yet satisfied is vacated by the entry of the final judgment or

order, unless specifically continued or preserved. This does not apply to support

arrearages that have been assigned to the state, which are preserved unless specifically

waived or reduced by the final judgment or order.

ULE 3.208 FRIEND OF THE COURT

(A) General. The friend of the court has the powers and duties prescribed by statute,

including those duties in the Friend of the Court Act, MCL 552.501 et seq., and the

Support and Parenting Time Enforcement Act, MCL 552.601 et seq.

(B) Enforcement. The friend of the court is responsible for initiating proceedings to

enforce an order or judgment for support, parenting time, or custody. The procedures in

this subrule govern contempt proceedings under the Support and Parenting Time

Enforcement Act. MCR 3.606 governs contempt proceedings under MCL 600.1701.

(1) If a party has failed to comply with an order or judgment, the friend of the court

may move for an order to show cause why the party should not be held in contempt.

Alternatively, in nonpayment of support cases and as allowed by the court, the friend

of the court may schedule a hearing before a judge or referee for the party to show

cause why the party should not be held in contempt.

(2) The order to show cause or the notice of the show cause hearing must be served

personally, by ordinary mail at the party’s last known address, or in another manner

permitted by MCR 3.203.

(3) The notice of the show cause hearing shall comply with requirements for the form

of a subpoena under MCR 2.506(D).

(a) For the purpose of this subrule, an authorized signature is one that comports

with MCR 1.109(E).

(b) A notice under this subrule must state the amount past due and the source of

information regarding the past due amount and act or failure to act that constitutes

a violation of the court order. The state court administrator shall develop and

Chapter 3. Special Proceedings and Actions Page 231 Updated June 21, 2024

approve a show cause hearing and notice form for statewide use. The show cause

hearing and notice form may be combined in a single document.

written direction of the person who executed the notice.

(4) The show cause hearing may be held no sooner than seven days after the order or

notice is served on the party. If service is by ordinary mail, the hearing may be held no

sooner than nine days after the order or notice is mailed.

(5) The court may hold the show cause hearing without the friend of the court unless a

party presents evidence that requires the court to receive further information from the

friend of the court’s records before making a decision. If the party fails to appear at the

show cause hearing, the court may issue an order for arrest.

(6) The relief available under this rule is in addition to any other relief available by

statute.

(7) The friend of the court may petition for an order of arrest at any time, if immediate

action is necessary.

(1) Except as otherwise provided in this subrule, all payments shall be allocated and

distributed as required by the guidelines established by the office of child support for

that purpose.

(2) If the court determines that following the guidelines established by the office of

child support would produce an unjust result in a particular case, the court may order

that payments be made in a different manner. The order must include specific findings

of fact that set forth the basis for the court's decision, and must direct the payer to

designate with each payment the name of the payer and the payee, the case number,

the amount, and the date of the order that allows the special payment.

(3) If a payer with multiple cases makes a payment directly to the friend of the court

rather than through income withholding, the payment shall be allocated among all the

cases unless the payer requests a different allocation in writing at the time of payment

and provides the following information about each case for which payment is

intended:

(a) the name of the payer,

(b) the name of the payee,

(d) the amount designated for that case.

(D) Exceptions to Friend of the Court Enforcement.

The friend of the court may inactivate its case and is not required to perform activities

under the Friend of the Court Act, MCL 552.501 et seq., and the Support and Parenting

Time Enforcement Act, MCL 552.601 et seq., when the case is no longer eligible for

Chapter 3. Special Proceedings and Actions Page 232 Updated June 21, 2024

federal funding because a party fails or refuses to take action to allow the friend of the

court's activities to receive federal funding or because the federal child support case is

closed pursuant to Title IV, Part D of the Social Security Act, 42 USC 651 et seq.

ULE 3.209 SUSPENSION OF ENFORCEMENT AND DISMISSAL

(A) Suspension of Enforcement.

(1) Because of a reconciliation or for any other reason, a party may file a motion to

suspend the automatic enforcement of a support obligation by the friend of the court.

Such a motion may be filed before or after the entry of a judgment.

(2) A support obligation cannot be suspended except by court order.

(B) Dismissal. Unless the order of dismissal specifies otherwise, dismissal of an action

under MCR 2.502 or MCR 2.504 cancels past-due child support, except for that owed to

the State of Michigan.

ULE 3.210 HEARINGS AND TRIALS

(A) In General.

(1) Proofs or testimony may not be taken in an action for divorce or separate

maintenance until the expiration of the time prescribed by the applicable statute,

except as otherwise provided by this rule.

(2) In cases of unusual hardship or compelling necessity, the court may, upon motion

and proper showing, take testimony and render judgment at any time 60 days after

commencing a case regardless of any stay.

(3) Testimony may be taken conditionally at any time for the purpose of perpetuating

it.

(4) Testimony must be taken in person, except as provided in MCR 2.408(B) or when

the court may otherwise allow testimony to be taken by telephone in extraordinary

circumstances, or by videoconferencing technology under MCR 2.407 and MCR

2.408.

(B) Default Cases.

(1) This subrule applies to the entry of a default and a default judgment in all cases

governed by this subchapter.

(2) Entry of Default.

(a) A party may request the entry of a default of another party for failure to plead

or otherwise defend by asserting facts setting forth proof of service and failure to

plead or otherwise defend in a written request verified under MCR 1.109(D)(3).

On filing of the request, the clerk must enter a default of the party.

Chapter 3. Special Proceedings and Actions Page 233 Updated June 21, 2024

(b) The party who requested entry of the default must provide prompt notice, as

provided by MCR 3.203, to the defaulted party and all other parties and persons

entitled to notice that the default has been entered, and file a proof of service.

entered, that party may not proceed with the action until the default has been set

aside by the court under subrule (B)(3).

(d) The court may permit a party in default to participate in discovery as provided

in Subchapter 2.300, file motions, and participate in court proceedings, referee

hearings, mediations, arbitrations, and other alternative dispute resolution

proceedings. The court may impose conditions or limitations on the defaulted

party's participation.

(e) A party in default must be served with the notice of default and a copy of every

document later filed in the case as provided by MCR 3.203, and the person serving

the notice or other document must file a proof of service with the court.

(3) Setting Aside Default Before Entry of Default Judgment.

A motion to set aside a default, except when grounded on lack of jurisdiction over the

defendant or subject matter, shall be granted only upon verified motion of the

defaulted party showing good cause.

(4) Notice of Hearing and Motion for Entry of Default Judgment.

(a) A party moving for default judgment must schedule a hearing and serve the

motion, notice of hearing, and a copy of the proposed judgment upon the defaulted

party at least 14 days before the hearing on entry of the default judgment, and

promptly file a proof of service when:

(i) the action involves entry of a judgment of divorce, separate maintenance, or

annulment under subrule (B)(5)(a);

(ii) the proposed judgment involves a request for relief that is different from

the relief requested in the complaint; or

(iii) the moving party does not have sufficient facts to complete the judgment

or order without a judicial determination of the relief to which the party is

entitled.

(b) If the action does not require a hearing under subrule (B)(4)(a) and if the relief

can be determined based on information available to the moving party that is stated

in or attached to the motion or complaint, the moving party for default judgment

may either:

(i) schedule a hearing and serve the motion, notice of hearing, and a copy of

the proposed judgment upon the defaulted party at least 14 days before the

hearing on entry of the default judgment, and promptly file a proof of service,

(ii) serve a verified motion for default judgment supporting the relief requested

and a copy of the proposed judgment upon the defaulted party, along with a

Chapter 3. Special Proceedings and Actions Page 234 Updated June 21, 2024

notice that it will be submitted to the court for signing if no written objections

are filed with the court clerk within 14 days. If no written objections are filed

within 14 days after filing, the moving party shall submit the judgment or order

to the court for entry. If objections are filed, the moving party shall notice the

entry of default judgment for hearing.

or, as permitted by the court, in any manner reasonably calculated to give the

defaulted party actual notice of the proceedings and an opportunity to be heard.

(d) If the default is entered for failure to appear for a scheduled trial or hearing,

notice under this subrule is not required.

(5) Entry of Default Judgment.

(a) A judgment of divorce, separate maintenance, or annulment may not be entered

as a matter of course on the default of a party because of failure to appear at the

hearing or by consent, and the case must be heard in open court on proofs taken,

except as otherwise provided by statute or court rule.

(b) Proofs for a default judgment may not be taken unless the proposed judgment

has been given to the court. Nonmilitary affidavits required by law must be filed

before a default judgment is entered in cases in which the defendant has failed to

appear. A default judgment may not be entered against a minor or an incompetent

person unless the person is represented in the action by a conservator or other

representative, except as otherwise provided by law.

court that the terms of the proposed judgment are in accordance with law. The

court may consider relevant and material affidavits, testimony, documents,

exhibits, or other evidence.

(d) In cases involving minor children, the court may take testimony and receive or

consider relevant and material affidavits, testimony, documents, exhibits, or other

evidence, as necessary, to make findings concerning the award of custody,

parenting time, and support of the children.

(e) If the court does not approve the proposed judgment, the party who prepared it

must, within 14 days, submit a modified judgment under MCR 2.602(B)(3), in

conformity with the court’s ruling, or as otherwise directed by the court.

(f) Upon entry of a default judgment and as provided by MCR 3.203, the moving

party must serve a copy of the judgment as entered by the court on the defaulted

party within 7 days after it has been entered, and promptly file a proof of service.

(6) Setting Aside Default Judgment.

(a) A motion to set aside a default judgment, except when grounded on lack of

jurisdiction over the defendant, lack of subject matter jurisdiction, failure to serve

the notice of default as required by subrule (B)(2)(b), or failure to serve the

proposed default judgment and notice of hearing for the entry of the judgment

Chapter 3. Special Proceedings and Actions Page 235 Updated June 21, 2024

under subrule (B)(4), shall be granted only if the motion is filed within 21 days

after the default judgment was entered and if good cause is shown.

(b) In addition, the court may set aside a default judgment or modify the terms of

the judgment in accordance with statute or MCR 2.612.

(7) Costs. An order setting aside the default or default judgment must be conditioned

on the defaulted party paying the taxable costs incurred by the other party in reliance

on the default or default judgment, except as prescribed in MCR 2.625(D). The order

may also impose other conditions, including imposition of a reasonable attorney fee.

(1) When the custody of a minor is contested, a hearing on the matter must be held

within 56 days

(a) after the court orders, or

(b) after the filing of notice that a custody hearing is requested, unless both parties

agree to mediation under MCL 552.513 and mediation is unsuccessful, in which

event the hearing must be held within 56 days after the final mediation session.

(2) If a custody action is assigned to a probate judge pursuant to MCL 722.26b, a

hearing on the matter must be held by the probate judge within 56 days after the case is

assigned.

(3) The court must enter a decision within 28 days after the hearing.

(4) The notice required by this subrule may be filed as a separate document, or may be

included in another paper filed in the action if the notice is mentioned in the caption.

(5) The court may interview the child privately to determine if the child is of sufficient

age to express a preference regarding custody, and, if so, the reasonable preference of

the child. The court shall focus the interview on these determinations, and the

information received shall be applied only to the reasonable preference factor.

(6) If a report has been submitted by the friend of the court, the court must give the

parties an opportunity to review the report and to file objections before a decision is

entered.

(7) The court may extend for good cause the time within which a hearing must be held

and a decision rendered under this subrule.

(8) In deciding whether an evidentiary hearing is necessary with regard to a

postjudgment motion to change custody, the court must determine, by requiring an

offer of proof or otherwise, whether there are contested factual issues that must be

resolved in order for the court to make an informed decision on the motion.

(D) The court must make findings of fact as provided in MCR 2.517, except that

(1) findings of fact and conclusions of law are required on contested postjudgment

motions to modify a final judgment or order, and

Chapter 3. Special Proceedings and Actions Page 236 Updated June 21, 2024

(2) the court may distribute pension, retirement, and other deferred compensation

rights with a qualified domestic relations order, without first making a finding with

regard to the value of those rights.

(E) Consent Judgment.

(1) At a hearing that involves entry of a judgment of divorce, separate maintenance, or

annulment under subrule (B)(5)(a), or at any time for all other actions, any party may

present to the court for entry a judgment approved as to form and content and signed

by all parties and their attorneys of record.

(2) If the court determines that the proposed consent judgment is not in accordance

with law, the parties shall submit a modified consent judgment in conformity with the

court’s ruling within 14 days, or as otherwise directed by the court.

(3) Upon entry of a consent judgment and as provided by MCR 3.203, the moving

party must serve a copy of the judgment as entered by the court on all other parties

within 7 days after it has been entered and promptly file a proof of service.

ULE 3.211 JUDGMENTS AND ORDERS

(A) Each separate subject in a judgment or order must be set forth in a separate paragraph

that is prefaced by an appropriate heading.

(B) A judgment of divorce, separate maintenance, or annulment must include

(1) the insurance provisions required by MCL 552.101;

(2) a determination of the rights of the parties in pension, annuity, and retirement

benefits, as required by MCL 552.101(3);

(3) a determination of the property rights of the parties; and

(4) a provision reserving or denying spousal support, if spousal support is not granted;

a judgment silent with regard to spousal support reserves it.

(1) the domicile or residence of the minor may not be moved from Michigan without

the approval of the judge who awarded custody or the judge's successor,

(2) the person awarded custody must promptly notify the friend of the court in writing

when the minor is moved to another address, and

(3) a parent whose custody or parenting time of a child is governed by the order shall

not change the legal residence of the child except in compliance with section 11 of the

Child Custody Act, MCL 722.31.

(D) Uniform Support Orders

(1) Any provisions regarding child support or spousal support must be prepared on the

latest version of the Uniform Support Order approved by the state court administrative

Chapter 3. Special Proceedings and Actions Page 237 Updated June 21, 2024

office. This order must accompany any judgment or order affecting child support or

spousal support, and both documents must be signed by the judge. If only child

support or spousal support is ordered, then only the Uniform Support Order must be

submitted to the court for entry. The Uniform Support Order shall govern if the terms

of the judgment or order conflict with the Uniform Support Order.

(2) No judgment or order concerning a minor or a spouse shall be entered unless

either:

(a) the final judgment or order incorporates by reference a Uniform Support Order,

(b) the final judgment or order states that no Uniform Support Order is required

because support is reserved or spousal support is not ordered.

(E) Unless otherwise ordered, all support arrearages owing to the state are preserved upon

entry of a final order or judgment. Upon a showing of good cause and notice to the friend

of the court, the prosecuting attorney, and other interested parties, the court may waive or

reduce such arrearages.

(F) Entry of Judgment or Order

(1) Within 21 days after the court renders an opinion or the settlement agreement is

placed on the record, the moving party must submit a judgment, order, or a motion to

settle the judgment or order, unless the court has granted an extension.

(2) The party submitting the first temporary order awarding child custody, parenting

time, or support and the party submitting any final proposed judgment awarding child

custody, parenting time, or support must:

(a) serve the friend of the court office and, unless the court orders otherwise, all

other parties, with a completed copy of the latest version of the state court

administrative office's Domestic Relations Judgment Information form, and

(b) file a proof of service with the court certifying that the Domestic Relations

Judgment Information form has been provided to the friend of the court office and,

unless the court orders otherwise, to all other parties.

(3) If the court modifies the proposed judgment or order before signing it, the party

submitting the judgment or order must, within 7 days, submit a new Domestic

Relations Judgment Information form to the friend of the court if any of the

information previously submitted changes as a result of the modification.

(4) Before it signs a judgment or order awarding child support or spousal support, the

court must determine that:

(a) the party submitting the judgment or order has certified that the Domestic

Relations Judgment Information form in subrule (F)(2) has been submitted to the

friend of the court, and

Chapter 3. Special Proceedings and Actions Page 238 Updated June 21, 2024

(b) pursuant to subrule (D)(2) any judgment or order concerning a minor or a

spouse is accompanied by a Uniform Support Order or explains why a Uniform

Support Order is unnecessary.

(5) Except as otherwise provided in MCR 3.206(C), the Domestic Relations Judgment

Information form must be submitted to the friend of the court in addition to the

verified statement that is required by MCR 3.206(C).

(G) Friend of the Court Review. The court may require that the judgment or order be

submitted to the friend of the court for review to determine that it contains the provisions

required by subrules (C), (D), (E), and (F).

(H) Service of Judgment or Order.

(1) When a judgment or order is obtained for temporary or permanent spousal support,

child support, or separate maintenance, the prevailing party must immediately deliver

one copy to the court clerk. The court clerk must file it with the friend of the court.

(2) The party securing entry of a judgment or order that provides for child support or

spousal support must serve a copy on the party ordered to pay the support, as provided

in MCR 2.602(E)(1), even if that party is in default.

(3) The record of divorce and annulment required by MCL 333.2864 must be filed at

the time of the filing of the judgment.

ULE 3.212 POSTJUDGMENT TRANSFER OF DOMESTIC RELATIONS CASES

(A) Motion.

(1) A party, court-ordered custodian, or friend of the court may move for the

postjudgment transfer of a domestic relations action in accordance with this rule, or

the court may transfer such an action on its own motion. A transfer includes a change

of venue and a transfer of all friend of the court responsibilities. The court may enter a

consent order transferring a postjudgment domestic relations action, provided the

conditions under subrule (B) are met.

(2) The postjudgment transfer of an action initiated pursuant to MCL 780.151 et seq.,

is controlled by MCR 3.214.

(B) Conditions.

(1) A motion filed by a party or court-ordered custodian may be granted only if all of

the following conditions are met:

(a) the transfer of the action is requested on the basis of the residence and

convenience of the parties, or other good cause consistent with the best interests of

the child;

(b) neither party nor the court-ordered custodian has resided in the county of

current jurisdiction for at least 6 months prior to the filing of the motion;

Chapter 3. Special Proceedings and Actions Page 239 Updated June 21, 2024

which the transfer is requested for at least 6 months prior to the filing of the

motion; and

(d) the county to which the transfer is requested is not contiguous to the county of

current jurisdiction.

(2) When the court or the friend of the court initiates a transfer, the conditions stated in

subrule (B)(1) do not apply.

aware of a more recent final judgment involving the same parties issued in a different

county, the friend of the court must initiate a transfer of the older case to the county in

which the new judgment was entered if neither of the parents, any of their children who

are affected by the judgment in the older case, nor another party resides in the county in

which the older case was filed.

(D) Order for Transfer; Case Records.

(1) The transferring court must enter all necessary orders pertaining to the certification

and postjudgment transfer of the action to the receiving court.

(a) The court may not enter an order transferring until all pending matters in the

case have been resolved.

(b) The court must order the party who moved for the transfer to pay the applicable

statutory filing fee directly to the receiving court unless fees have been waived in

accordance with MCR 2.002.

of transfer unless the court orders otherwise.

(d) The court may also order one or both of the parties or the court ordered

custodian to pay past-due fees and costs under subrule (D)(4). Until all filing fees

and court-ordered past-due fees and costs are paid, no further action in the case

shall occur in the transferring court unless the moving party first demonstrates

good cause and that substantial harm will occur absent the transferring court’s

immediate consideration.

(e) If the court or the friend of the court initiates the transfer, the statutory filing fee

is waived.

(2) Except as otherwise ordered under subrule (D)(4), the transferring court must serve

the order on the parties and send a copy to the receiving court. The clerk of the court

and the friend of the court each must prepare the court’s case records and the friend of

the court’s case records for transfer in accordance with the orders entered under

subrule (1) and the Michigan Trial Court Records Management Standards and send

them to the receiving court by a secure method.

(3) The receiving court shall temporarily suspend payment of the filing fee and open a

case pending payment of the filing fee as ordered by the transferring court. The

Chapter 3. Special Proceedings and Actions Page 240 Updated June 21, 2024

receiving court must notify the party of the new case number in the receiving court, the

amount due, and the due date.

(4) The court may order that any past-due fees and costs be paid to the transferring

friend of the court office at the time of transfer. If the court orders payment of past-due

fees and costs, the order must state that the court will not send the order to the

receiving court under subrule (1) and the records will not be transferred under subrule

(2) until the past-due fees and costs are paid. If the past-due fees and costs are not paid

within 28 days of entry, the transfer order becomes void.

(E) Payment of Filing Fee After Transfer. The party that moved for transfer must pay to

the receiving court within 28 days of the due date provided under subrule (D)(3) the

applicable filing fee as ordered by the transferring court. No further action in the case shall

occur in the receiving court until the filing fee is paid unless the moving party first

demonstrates good cause and that substantial harm will occur absent the receiving court’s

immediate consideration. If the fee is not paid to the receiving court within 28 days of the

due date, the receiving court must order the case transferred back to the transferring court.

(F) Upon completion of the transfer, the transferee friend of the court must review the case

and determine whether the case contains orders specific to the transferring court or county.

The friend of the court must take such action as is necessary, which may include obtaining

ex parte orders to transfer court- or county-specific actions to the transferee court.

ULE 3.213 POSTJUDGMENT MOTIONS AND ENFORCEMENT

Postjudgment motions in domestic relations actions are governed by MCR 2.119.

ULE 3.214 ACTIONS UNDER UNIFORM ACTS

(A) Governing Rules. Actions under the Revised Uniform Reciprocal Enforcement of

Support Act (RURESA), MCL 780.151 et seq., the Uniform Interstate Family Support Act

(UIFSA), MCL 552.2101 et seq., and the Uniform Child-Custody Jurisdiction and

Enforcement Act (UCCJEA), MCL 722.1101 et seq., are governed by the rules applicable

to other civil actions, except as otherwise provided by those acts and this rule.

(B) RURESA Actions.

(1) Definition. As used in this subrule, “support order” is defined by MCL

780.153b(8).

(2) Transfer; Initiating and Responding RURESA Cases.

(a) If a Michigan court initiates a RURESA action and there exists in another

Michigan court a prior valid support order, the initiating court must transfer to that

other court any RURESA order entered in a responding state. The initiating court

must inform the responding court of the transfer.

(b) If a court in another state initiates a RURESA action and there exists in

Michigan a prior valid support order, the responsive proceeding should be

Chapter 3. Special Proceedings and Actions Page 241 Updated June 21, 2024

commenced in the court that issued the prior valid support order. If the responsive

proceeding is commenced erroneously in any other Michigan court and a

RURESA order enters, that court, upon learning of the error, must transfer the

RURESA order to the court that issued the prior valid support order. The

transferring court must inform the initiating court of the transfer.

support order all pertinent records. The clerk of the court and the friend of the

court office must prepare the court and friend of the court records for transfer in

accordance with the transfer order and the Michigan Trial Court Records

Management Standards. The records must be sent to the court that issued the prior

valid support order by a secure method within one business day of the date of the

transfer order.

(d) The friend of the court office that issued the prior valid support order must

receive and disburse immediately all payments made by the obligor or sent by a

responding state.

and copies of orders required to be sent by the tribunal under MCL 552.2101 et seq.

(D) Registration of Child Custody Determinations Under UCCJEA. The procedure for

registration and enforcement of a child custody determination by the court of another state

is as provided in MCL 722.1304. There is no fee for the registration of such a

determination.

ULE 3.215 DOMESTIC RELATIONS REFEREES

(A) Qualifications of Referees. A referee appointed pursuant to MCL 552.507(1) must be

a member in good standing of the State Bar of Michigan. A non-attorney friend of the

court who was serving as a referee when this rule took effect on May 1, 1993, may

continue to serve.

(B) Referrals to the Referee.

(1) The chief judge may, by administrative order, direct that specified types of

domestic relations motions be heard initially by a referee.

(2) To the extent allowed by law, the judge to whom a domestic relations action is

assigned may refer other motions in that action to a referee

(a) on written stipulation of the parties,

(b) on a party's motion, or

(3) In domestic relations matters, the judge to whom an action is assigned, or the chief

judge by administrative order, may authorize referees to conduct settlement

conferences and, subject to judicial review, scheduling conferences.

Chapter 3. Special Proceedings and Actions Page 242 Updated June 21, 2024

(1) Within 14 days after receiving a motion referred under subrule (B)(1) or (B)(2), the

referee must arrange for service of a notice scheduling a referee hearing on the

attorneys for the parties, or on the parties if they are not represented by counsel. The

notice of hearing must clearly state that the matter will be heard by a referee

(2) The referee may adjourn a hearing for good cause without preparing a

recommendation for an order, except that if the adjournment is subject to any terms or

conditions, the referee may only prepare a recommendation for an adjournment order

to be signed by a judge.

(D) Conduct of Referee Hearings.

(1) The Michigan Rules of Evidence apply to referee hearings.

(2) A referee must provide the parties with notice of the right to request a judicial

hearing by giving

(a) oral notice during the hearing, and

(b) written notice in the recommendation for an order.

(3) Testimony must be taken in person, except that a referee may allow testimony to be

taken by telephone for good cause, or under MCR 2.407.

(4) An electronic or stenographic record must be kept of all hearings.

(a) The parties must be allowed to make contemporaneous copies of the record if

the referee's recording equipment can make multiple copies simultaneously and if

the parties supply the recording media. A recording made under this rule may be

used solely to assist the parties during the proceeding recorded or, at the discretion

of the trial judge, in any judicial hearing following an objection to the referee's

recommended order; it may not be used publicly.

(b) If ordered by the court, or if stipulated by the parties, the referee must provide a

transcript, verified by oath, of each hearing held. The cost of preparing a transcript

must be apportioned equally between the parties, unless otherwise ordered by the

court.

evidence from the record of the referee hearing must provide notice to the court

and each other party. If a stenographic transcript is necessary, except as provided

in subrule (4)(b), the party offering the evidence must pay for the transcript.

(d) If the court on its own motion uses the record of the referee hearing to limit the

judicial hearing under subrule (F), the court must make the record available to the

parties and must allow the parties to file supplemental objections within 7 days of

the date the record is provided to the parties. Following the judicial hearing, the

court may assess the costs of preparing a transcript of the referee hearing to one or

more of the parties. This subrule does not apply when a party requests the court to

limit the judicial hearing under subrule (F) or when the court orders a transcript to

resolve a dispute concerning what occurred at the referee hearing.

Chapter 3. Special Proceedings and Actions Page 243 Updated June 21, 2024

(E) Posthearing Procedures.

(1) Within 21 days after a hearing, the referee must either make a statement of findings

on the record or submit a written, signed report containing a summary of testimony

and a statement of findings. In either event, the referee must make a recommendation

for an order and arrange for it to be submitted to the court and the attorneys for the

parties, or the parties if they are not represented by counsel. A proof of service must be

filed with the court.

(a) The referee must find facts specially and state separately the law the referee

applied. Brief, definite, and pertinent findings and conclusions on the contested

matters are sufficient, without overelaboration of detail or particularization of

facts.

(b) The referee's recommended order must include:

(i) a signature line for the court to indicate its approval of the referee's

recommended order;

(ii) notice that if the recommended order is approved by the court and no

written objection is filed with the court clerk within 21 days after the

recommended order is served, the recommended order will become the final

order;

(iii) notice advising the parties of any interim effect the recommended order

may have; and

(iv) prominent notice of all available methods for obtaining a judicial hearing.

must be served within 7 days of approval, or within 3 days of approval if the

recommended order is given interim effect, and a proof of service must be filed

with the court. If the recommendation is approved by the court and no written

objection is filed with the court clerk within 21 days after service, the

recommended order will become a final order.

(2) If the hearing concerns income withholding, the referee must arrange for a

recommended order to be submitted to the court forthwith. If the recommended order

is approved by the court, it must be given immediate effect pursuant to MCL

552.607(4).

(3) The recommended order may be prepared using any of the following methods:

(a) the referee may draft a recommended order;

(b) the referee may approve a proposed recommended order prepared by a party

and submitted to the referee at the conclusion of the referee hearing;

recommended order and have it approved by all the parties and the referee; or

(d) within 7 days after the conclusion of the referee hearing, a party may serve a

copy of a proposed recommended order on all other parties with a notice to them

that it will be submitted to the referee for approval if no written objections to its

Chapter 3. Special Proceedings and Actions Page 244 Updated June 21, 2024

accuracy or completeness are filed with the court clerk within 7 days after service

of the notice. The party must file with the court clerk the original of the proposed

recommended order and proof of its service on the other parties.

(i) If no written objections are filed within 7 days, the clerk shall submit the

proposed recommended order to the referee for approval. If the referee does

not approve the proposed recommended order, the referee may notify the

parties to appear on a specified date for settlement of the matter.

(ii) To object to the accuracy or completeness of a proposed recommended

order, the party must within 7 days after service of the proposed order, file

written objections with the court clerk that state with specificity the inaccuracy

or omission in the proposed recommended order, and serve the objections on

all parties as required by MCR 2.107, together with a notice of hearing and an

alternative proposed recommended order. Upon conclusion of the hearing, the

referee shall sign the appropriate recommended order.

(4) A party may obtain a judicial hearing on any matter that has been the subject of a

referee hearing and that resulted in a statement of findings and a recommended order

by filing a written objection and notice of hearing within 21 days after the referee's

recommendation for an order is served on the attorneys for the parties, or the parties if

they are not represented by counsel. The objection must include a clear and concise

statement of the specific findings or application of law to which an objection is made.

Objections regarding the accuracy or completeness of the recommendation must state

with specificity the inaccuracy or omission.

(5) The party who requests a judicial hearing must serve the objection and notice of

hearing on the opposing party or counsel in the manner provided in MCR 2.119(C).

(6) A circuit court may, by local administrative order, establish additional methods for

obtaining a judicial hearing.

(7) The court may hear a party's objection to the referee's recommendation for an order

on the same day as the referee hearing, provided that the notice scheduling the referee

hearing advises the parties that a same-day judicial hearing will be available and the

parties have the option of refusing a same-day hearing if they have not yet decided

whether they will object to the referee's recommendation for an order.

(8) The parties may waive their right to object to the referee's recommendation for an

order by consenting in writing to the immediate entry of the recommended order.

(F) Judicial Hearings.

(1) The judicial hearing must be held within 21 days after the written objection is filed,

unless the time is extended by the court for good cause.

(2) To the extent allowed by law, the court may conduct the judicial hearing by review

of the record of the referee hearing, but the court must allow the parties to present live

evidence at the judicial hearing. The court may, in its discretion:

(a) prohibit a party from presenting evidence on findings of fact to which no

objection was filed;

Chapter 3. Special Proceedings and Actions Page 245 Updated June 21, 2024

(b) determine that the referee's finding was conclusive as to a fact to which no

objection was filed;

unless there is an adequate showing that the evidence was not available at the

referee hearing;

(d) impose any other reasonable restrictions and conditions to conserve the

resources of the parties and the court.

(3) If the court determines that an objection is frivolous or has been interposed for the

purpose of delay, the court may assess reasonable costs and attorney fees.

(G) Interim Effect for Referee's Recommendation for an Order.

(1) Except as limited by subrules (G)(2) and (G)(3), the court may, by an

administrative order or by an order in the case, provide that the referee's recommended

order will take effect on an interim basis pending a judicial hearing. The court must

provide notice that the referee's recommended order will be an interim order by

including that notice under a separate heading in the referee's recommended order, or

by an order adopting the referee's recommended order as an interim order.

(2) The court may not give interim effect to a referee's recommendation for any of the

following orders:

(a) An order for incarceration;

(b) An order for forfeiture of any property;

(3) The court may not, by administrative order, give interim effect to a referee's

recommendation for the following types of orders:

(a) An order under subrule (G)(2);

(b) An order that changes a child's custody;

(d) An order that would render subsequent judicial consideration of the matter

moot.

ULE 3.216 DOMESTIC RELATIONS MEDIATION

(A) Scope and Applicability of Rule, Definitions.

(1) All domestic relations cases, as defined in MCL 552.502(m), and actions for

divorce and separate maintenance that involve the distribution of property are subject

to mediation under this rule, unless otherwise provided by statute or court rule.

(2) Domestic relations mediation is a nonbinding process in which a neutral third party

facilitates communication between parties to promote settlement. If the parties so

request, and the mediator agrees to do so, the mediator may provide a written

recommendation for settlement of any issues that remain unresolved at the conclusion

Chapter 3. Special Proceedings and Actions Page 246 Updated June 21, 2024

of a mediation proceeding. This procedure, known as evaluative mediation, is

governed by subrule (I).

(3) This rule does not restrict the Friend of the Court from enforcing custody,

parenting time, and support orders.

(4) The court may order, on stipulation of the parties, the use of other settlement

procedures.

(B) Mediation Plan. Each trial court that submits domestic relations cases to mediation

under this rule shall include in its alternative dispute resolution plan adopted under MCR

2.410(B) provisions governing selection of domestic relations mediators, and for

providing parties with information about mediation in the family division as soon as

reasonably practical.

(1) On written stipulation of the parties, on written motion of a party, or on the court's

initiative, the court may submit to mediation by written order any contested issue in a

domestic relations case, including postjudgment matters.

(2) The court may not submit contested issues to evaluative mediation unless all

parties so request.

(3) Unless a court first conducts a hearing to determine whether mediation is

appropriate, the court shall not submit a contested issue in a domestic relations action,

including postjudgment proceedings, if the parties are subject to a personal protection

order or are involved in a child abuse and neglect proceeding. The court may order

mediation without a hearing if a protected party requests mediation.

(D) Objections to Referral to Mediation.

(1) To object to mediation, a party must file a written motion to remove the case from

mediation and a notice of hearing of the motion, and serve a copy on the attorneys of

record within 14 days after receiving notice of the order assigning the action to

mediation. The motion must be set for hearing within 14 days after it is filed, unless

the hearing is adjourned by agreement of counsel or unless the court orders otherwise.

(2) A timely motion must be heard before the case is mediated.

(3) Cases may be exempt from mediation on the basis of the following:

(a) child abuse or neglect;

(b) domestic abuse, unless attorneys for both parties will be present at the

mediation session;

unless attorneys for both parties will be present at the mediation session;

(d) reason to believe that one or both parties' health or safety would be endangered

by mediation; or

Chapter 3. Special Proceedings and Actions Page 247 Updated June 21, 2024

(e) for other good cause shown.

(E) Selection of Mediator.

(1) Domestic relations mediation will be conducted by a mediator selected as provided

in this subrule.

(2) The parties may stipulate to the selection of a mediator. A mediator selected by

agreement of the parties need not meet the qualifications set forth in subrule (G). The

court must appoint a mediator stipulated to by the parties, provided the mediator is

willing to serve within a period that would not interfere with the court's scheduling of

the case for trial.

(3) If the parties have not stipulated to a mediator:

(a) the parties must indicate whether they prefer a mediator who is willing to

conduct evaluative mediation. Failure to indicate a preference will be treated as not

requesting evaluative mediation.

(b) the ADR clerk will assign a mediator from the list of qualified mediators

maintained under subrule (F). The assignment shall be made on a rotational basis,

except that if the parties have requested evaluative mediation, only a mediator who

is willing to provide an evaluation may be assigned.

(4) The court shall not appoint, recommend, direct, or otherwise influence a party’s or

attorney’s selection of a mediator except as provided pursuant to this rule. The court

may recommend or advise parties on the selection of a mediator only upon request of

all parties by stipulation in writing or orally on the record.

(5) The rule for disqualification of a mediator is the same as that provided in MCR

2.003 for the disqualification of a judge. The mediator must promptly disclose any

potential basis for disqualification.

(F) List of Mediators.

(1) Application. To appear on a roster, an applicant, which may be an individual or

organization, may apply to the ADR clerk to be placed on the court's list of mediators.

Application forms shall be available in the office of the ADR clerk.

(a) The form shall include a certification that

(i) the applicant meets the requirements for service under the court's selection

plan;

(ii) the applicant will not discriminate against parties or attorneys on the basis

of race, ethnic origin, gender, or other protected personal characteristic; and

(iii) the applicant will comply with the court's ADR plan, orders of the court

regarding cases submitted to mediation, and the standards of conduct adopted

by the State Court Administrator under subrule (K).

Chapter 3. Special Proceedings and Actions Page 248 Updated June 21, 2024

(b) The applicant shall indicate on the form whether the applicant is willing to

offer evaluative mediation, and the applicant's rate for providing mediation

services.

and racial/ethnic background; however, this section shall not be made available to

the public.

(2) Review of Applications. The court's ADR plan shall provide for a person or

committee to review applications annually, or more frequently if appropriate, and

compile a list of qualified mediators.

(a) Applicants meeting the qualifications specified in this rule shall be placed on

the list of approved mediators. Approved mediators shall be placed on the list for a

fixed period of time, not to exceed seven years, and must reapply at the end of that

time in the manner directed by the court.

(b) Selections shall be made without regard to race, ethnic origin, or gender.

Residency or principal place of business may not be a qualification.

optional section identifying the applicant's gender and racial/ethnic background,

shall be available to the public in the office of the ADR clerk.

(d) An applicant may attach a résumé or biographical information to the

application.

(e) An applicant Community Dispute Resolution Program center must select only

mediators who meet the qualifications of this rule or training requirements

established by the State Court Administrator to mediate cases ordered by the court.

(3) Rejection; Reconsideration. Applicants who are not placed on the list shall be

notified of that decision. Within 21 days of notification of the decision to reject an

application, the applicant may seek reconsideration of the ADR clerk's decision by the

presiding judge of the family division. The court does not need to provide a hearing.

Documents considered in the initial review process shall be retained for at least the

period during which the applicant can seek reconsideration of the original decision.

(4) Removal from List. The ADR clerk may remove from the list mediators who have

demonstrated incompetence, bias, made themselves consistently unavailable to serve

as a mediator, or for other just cause. Within 21 days of notification of the decision to

remove a mediator from the list, the mediator may seek reconsideration of the ADR

clerk's decision by the presiding judge of the family division. The court does not need

to provide a hearing.

(G) Qualification of Mediators.

(1) To be eligible to serve as a domestic relations mediator under this rule, an applicant

must meet the following minimum qualifications:

(a) The applicant must

Chapter 3. Special Proceedings and Actions Page 249 Updated June 21, 2024

(i) be a licensed attorney, a licensed or limited licensed psychologist, a

licensed professional counselor, or a licensed marriage and family therapist;

(ii) have a master’s degree in counseling, social work, or marriage and family

therapy;

(iii) have a graduate degree in a behavioral science; or

(iv) have 5 years experience in family counseling.

(b) The applicant must have completed a training program approved by the State

Court Administrator providing the generally accepted components of domestic

relations mediation skills.

must observe two domestic relations mediation proceedings conducted by an

approved mediator, and conduct one domestic relations mediation to conclusion

under the supervision and observation of an approved mediator.

(2) An applicant who has specialized experience or training, but does not meet the

specific requirements of subrule (G)(1), may apply to the ADR clerk for special

approval. The ADR clerk shall make the determination on the basis of criteria

provided by the State Court Administrator.

(3) Approved mediators are required to obtain 8 hours of advanced mediation training

during each 2-year period. Failure to submit documentation establishing compliance is

grounds for removal from the list under subrule(F)(4).

(4) Additional qualifications may not be imposed upon mediators.

(H) Mediation Procedure.

(1) The mediator must schedule a mediation session within a reasonable time at a

location accessible by the parties.

(2) The mediator must make reasonable inquiry as to whether either party has a history

of a coercive or violent relationship with the other party. Throughout the mediation

process, the mediator must make reasonable efforts to screen for the presence of

coercion or violence that would make mediation physically or emotionally unsafe for

any participant or that would impede achieving a voluntary and safe resolution of

issues. A reasonable inquiry includes the use of the domestic violence screening

protocol for mediators provided by the state court administrative office as directed by

the supreme court.

(3) A mediator may require that no later than 3 business days before the mediation

session, each party submit to the mediator, and serve on the opposing party, a

mediation summary that provides the following information, where relevant:

(a) the facts and circumstances of the case;

(b) the issues in dispute;

information is appropriate and reasonably ascertainable;

Chapter 3. Special Proceedings and Actions Page 250 Updated June 21, 2024

(d) the income and expenses of the parties;

(e) a proposed settlement; and

(f) such documentary evidence as may be available to substantiate information

contained in the summary.

Failure to submit these materials to the mediator within the designated time may

subject the offending party to sanctions imposed by the court.

(4) The parties must attend the mediation session in person unless excused by the

mediator.

(5) Except for legal counsel, the parties may not bring other persons to the mediation

session, whether expert or lay witnesses, unless permission is first obtained from the

mediator, after notice to opposing counsel. If the mediator believes it would be helpful

to the settlement of the case, the mediator may request information or assistance from

third persons at the time of the mediation session.

(6) The mediator shall discuss with the parties and counsel, if any, the facts and issues

involved. The mediation will continue until a settlement is reached, the mediator

determines that a settlement is not likely to be reached, the end of the first mediation

session, or until a time agreed to by the parties.

(7) Within 7 days of the completion of mediation, the mediator shall so advise the

court, stating only the date of completion of the process, who participated in the

mediation, whether settlement was reached, and whether further ADR proceedings are

contemplated. If an evaluation will be made under subrule (I), the mediator may delay

reporting to the court until completion of the evaluation process.

(8) If a settlement is reached as a result of the mediation, to be binding, the terms of

that settlement must be reduced to a signed writing by the parties or acknowledged by

the parties on an audio or video recording. After a settlement has been reached, the

parties shall take steps necessary to enter judgment as in the case of other settlements.

(9) Confidentiality in the mediation process is governed by MCR 2.412.

(I) Evaluative Mediation.

(1) This subrule applies if the parties requested evaluative mediation, or if they do so

at the conclusion of mediation and the mediator is willing to provide an evaluation.

(2) If a settlement is not reached during mediation, the mediator, within a reasonable

period after the conclusion of mediation shall prepare a written report to the parties

setting forth the mediator's proposed recommendation for settlement purposes only.

The mediator's recommendation shall be submitted to the parties of record only and

may not be submitted or made available to the court.

(3) If both parties accept the mediator's recommendation in full, the attorneys shall

proceed to have a judgment entered in conformity with the recommendation.

Chapter 3. Special Proceedings and Actions Page 251 Updated June 21, 2024

(4) If the mediator's recommendation is not accepted in full by both parties and the

parties are unable to reach an agreement as to the remaining contested issues, mediator

shall report to the court under subrule (H)(6), and the case shall proceed toward trial.

(5) A court may not impose sanctions against either party for rejecting the mediator's

recommendation. The court may not inquire and neither the parties nor the mediator

may inform the court of the identity of the party or parties who rejected the mediator's

recommendation.

(6) The mediator's report and recommendation may not be read by the court and may

not be admitted into evidence or relied upon by the court as evidence of any of the

information contained in it without the consent of both parties. The court shall not

request the parties' consent to read the mediator's recommendation.

(J) Fees.

(1) A mediator is entitled to reasonable compensation based on an hourly rate

commensurate with the mediator's experience and usual charges for services

performed.

(2) Before mediation, the parties shall agree in writing that each shall pay one-half of

the mediator's fee no later than:

(a) 42 days after the mediation process is concluded or the service of the mediator's

report and recommendation under subrule (I)(2), or

(b) the entry of judgment, or

other allocation of fees is appropriate, given the economic circumstances of the

parties, the court may order that one of the parties pay more than one-half of the

fee.

(3) If acceptable to the mediator, the court may order an arrangement for the payment

of the mediator's fee other than that provided in subrule (J)(2).

(4) The mediator's fee is deemed a cost of the action, and the court may make an

appropriate judgment under MCL 552.13(1) to enforce the payment of the fee.

(5) In the event either party objects to the total fee of the mediator, the matter may be

scheduled before the trial judge for determination of the reasonableness of the fee.

(K) Standards of Conduct. The State Court Administrator shall develop and approve

standards of conduct for domestic relations mediators designed to promote honesty,

integrity, and impartiality in providing court-connected dispute resolution services. These

standards shall be made a part of all training and educational requirements for court-

connected programs, shall be provided to all mediators involved in court-connected

programs, and shall be available to the public.

Chapter 3. Special Proceedings and Actions Page 252 Updated June 21, 2024

RULE 3.217 ACTIONS UNDER THE PATERNITY ACT

(A) Governing Law. Procedure in actions under the Paternity Act, MCL 722.711 et seq. is

governed by the rules applicable to other civil actions except as otherwise provided by this

rule and the act.

(B) Blood or Tissue Typing Tests. A petition for blood or tissue typing tests under MCL

722.716 must be filed at or before the pretrial conference or, if a pretrial conference is not

held, within the time specified by the court. Failure to timely petition waives the right to

such tests, unless the court, in the interest of justice, permits a petition at a later time.

(1) The summons issued under MCL 722.714 must include a form advising the alleged

father of the right to an attorney as described in subrule (C)(2), and the procedure for

requesting the appointment of an attorney. The form must be served with the summons

and the complaint, and the proof of service must so indicate.

(2) If the alleged father appears in court following the issuance of a summons under

MCL 722.714, the court must personally advise him that he is entitled to the assistance

of an attorney, and that the court will appoint an attorney at public expense, at his

request, if he is financially unable to retain an attorney of his choice.

(3) If the alleged father indicates that he wants to proceed without an attorney, the

record must affirmatively show that he was given the advice required by subrule

(C)(2) and that he waived the right to counsel.

(4) If the alleged father does not appear in court following the issuance of a summons

under MCL 722.714, subrule (C)(3) does not apply.

(D) Visitation Rights of Noncustodial Parent.

(1) On the petition of either party, the court may provide in the order of filiation for

such reasonable visitation by the noncustodial parent as the court deems justified and

in the best interests of the child.

(2) Absent a petition from either party, the right of reasonable visitation is reserved.

ULE 3.218 FRIEND OF THE COURT RECORDS; ACCESS

(A) General. Friend of the court records are not subject to a subpoena issued under these

Michigan Court Rules. Unless another rule specifically provides for the protection or

release of friend of the court records, this rule governs. When used in this subrule, unless

the context indicates otherwise,

(1) “records” means any case-specific information the friend of the court office

maintains in any media;

(2) “access” means inspection of records, obtaining copies of records upon receipt of

payment for costs of reproduction, and oral transmission by staff of information

contained in friend of the court records;

Chapter 3. Special Proceedings and Actions Page 253 Updated June 21, 2024

(3) “confidential information” means

(a) staff notes;

(b) any confidential information from the Department of Health and Human

Services child protective services unit or information included in any reports to

protective services from a friend of the court office;

confidentiality of mediation records as defined in MCR 2.412;

(d) communications from minors;

(e) friend of the court grievances filed by the opposing party and the responses;

(f) any information when a court order prohibits its release;

(g) except as provided in MCR 3.219, any information for which a privilege could

be claimed, or that was provided by a governmental agency subject to the express

written condition that it remain confidential; and

(h) all information classified as confidential by the laws and regulations of title IV,

part D of the Social Security Act, 42 USC 651 et seq.

(4) Reference to an agency, office, officer, or capacity includes an employee or

contractor working within that agency or office, or an employee or caseworker acting

on behalf of that office or working in the capacity referred to.

(5) “Governmental agency” means any entity exercising constitutional, legislative,

executive, or judicial authority, when providing benefits or services.

(B) A friend of the court office must provide access to nonconfidential records to the

following:

(1) A party; third-party custodian; guardian or conservator; guardian ad litem or

counsel for a minor; lawyer-guardian ad litem; an attorney of record; and the personal

representative of the estate of a party.

The friend of the court may honor a request from a person identified in this paragraph

to release information to a governmental agency providing services to that individual,

or before which an application for services is pending.

(2) An officer in the Judge Advocate General’s office in any branch of the United

States military, if the request is made on behalf of a service member on active duty

otherwise identified in this subrule.

provide access to all nonconfidential and confidential records to the following:

(1) Other agencies and individuals as necessary for the friend of the court to

implement the state’s plan under Title IV, Part D of the Social Security Act, 42 USC

651 et seq. or as required by the court, state law, or regulation that is consistent with

this state’s IV-D plan.

Chapter 3. Special Proceedings and Actions Page 254 Updated June 21, 2024

(2) The Department of Health and Human Services, as necessary to report suspected

abuse or neglect or to allow the Department of Health and Human Services to

investigate or provide services to a party or child in the case.

(3) Other agencies that provide services under Title IV, part D of the Social Security

Act, 42 USC 651 et seq.

(4) Auditors from state and federal agencies, as required to perform their audit

functions with respect to a friend of the court matter.

(5) Corrections, parole, or probation officers, when, in the opinion of the friend of the

court, access would assist the office in enforcing a provision of a custody, parenting

time, or support order.

(6) Michigan law enforcement personnel who are conducting a civil or criminal

investigation related directly to a friend of the court matter, and to federal law

enforcement officers pursuant to a federal subpoena in a criminal or civil

investigation.

(D) A citizen advisory committee established under the Friend of the Court Act, MCL

552.501 et seq.

(1) shall be given access to a grievance filed with the friend of the court, and to

information related to the case, other than confidential information.

(2) may be given access to confidential information related to a grievance if the court

so orders, upon demonstration by the committee that the information is necessary to

the performance of its duties and that the release will not impair the rights of a party or

the well-being of a child involved in the case.

When a citizen advisory committee requests information that may be confidential, the

friend of the court shall notify the parties of the request and that they have 14 days

from the date the notice was mailed to file a written response with the court.

If the court grants access to the information, it may impose such terms and conditions

as it determines are appropriate to protect the rights of a party of the well-being of a

child.

(E) A friend of the court office may refuse to provide access to a record in the friend of

the court file if the friend of the court did not create or author the record. On those

occasions, the requestor may request access from the person or entity that created the

record.

(F) Any person who is denied access to friend of the court records or confidential

information may file a motion for an order of access with the judge assigned to the case or,

if none, the chief judge.

(G) A court, by administrative order adopted pursuant to MCR 8.112(B), may make

reasonable regulations necessary to protect friend of the court records and to prevent

excessive and unreasonable interference with the discharge of friend of the court

functions.

Chapter 3. Special Proceedings and Actions Page 255 Updated June 21, 2024

RULE 3.219 DISSEMINATION OF A PROFESSIONAL REPORT

If there is a dispute involving custody, visitation, or change of domicile, and the court uses

a community resource to assist its determination, the court must assure that copies of the written

findings and recommendations of the resource are provided to the friend of the court and to the

attorneys of record for the parties, or the parties if they are not represented by counsel. The

attorneys for the parties, or the parties if they are not represented by counsel, may file objections

to the report before a decision is made.

ULE 3.221 HEARINGS ON SUPPORT AND PARENTING TIME ENFORCEMENT ACT BENCH

ARRANTS

(A) Definitions.

(1) Unless the context indicates otherwise, the term “bond” means the performance

bond required by MCL 552.631.

(2) The term “cash” means money or the equivalent of money, such as a money order,

cashier's check, or negotiable check or a payment by debit or credit card, which

equivalent is accepted as cash by the agency accepting the payment.

(3) Unless the context indicates otherwise, the term “person,” when used in this rule,

means a party who has been arrested on a bench warrant issued pursuant to MCL

552.631.

(B) Hearing on the Merits. The court shall hold a hearing in connection with the matter in

which the warrant was issued within 21 days of the date of arrest. Except as provided in

this rule, a person who does not post a bond, within 48 hours of arrest excluding weekends

and holidays, shall be brought before the court that issued the warrant for further

proceedings on the matter in which the warrant was issued. The hearing may be adjourned

when necessary to give notice of the proceedings to another party or to receive additional

evidence. In the event the hearing is adjourned, the court shall set terms of release under

subrule (F). Failure to hold a hearing within 21 days will not deprive the court of

jurisdiction to proceed.

heard as provided in subrule (B), must without unnecessary delay be brought before a

judge, or referee for a review of the bond.

(D) Place of Bond Review Hearing. Except as otherwise provided in this subrule, a bond

review hearing under subrule (E) must be held in the circuit court specified in the warrant.

If a person is arrested in a circuit other than the one specified in the warrant, the arresting

agency must make arrangements to assure that the person is promptly transported to the

court specified in the warrant for a hearing in accordance with the provisions of this rule.

If prompt transportation cannot be arranged, the bond review hearing must be held in the

jurisdiction in which the individual is being held.

Chapter 3. Special Proceedings and Actions Page 256 Updated June 21, 2024

(E) Conduct of Bond Review Hearing. At the bond review hearing, the person must be

advised of the purpose of the hearing on the merits and a determination must be made of

what form of prehearing release is appropriate. A verbatim record must be made of the

bond review hearing. Pending the hearing required under subrule (B), the person must be

released on conditions under subrule (F).

(F) Conditional Release. The person must be released on condition that the person will

appear for a hearing under subrule (B) and any other conditions that are appropriate to

ensure that the person will appear as required for a hearing under subrule (B), including

requiring the person to:

(1) make reports to a court agency as required by the court or the agency;

(2) comply with restrictions on personal associations, place of residence, place of

employment, or travel;

(3) surrender driver's license or passport;

(4) comply with a specified curfew;

(5) continue or seek employment or participate in a work program;

(6) continue or begin an educational program;

(7) remain in the custody of a responsible member of the community who agrees to

monitor the person and report any violation of any release condition to the court;

(8) post a bond as described in subrule (G).

In the event the person cannot satisfy a condition of release, the arresting agency must

make arrangements with the authorities in the county of the court specified in the warrant

to have the person promptly transported to that county for a hearing in accordance with the

provisions of this rule.

(G) Performance Bond Modification. If it is determined for reasons stated on the record

that the person's appearance cannot otherwise be assured, the person, in addition to any

conditions described in subrule (F), may be required to post a bond at the person's option,

executed:

(1) by the person, or by another who is not a licensed surety, and secured by a cash

deposit for the full bond amount, or

(2) by a surety approved by the court.

(H) Decision; Statement of Reasons.

(1) In deciding what terms and conditions to impose under subrule (F), relevant

information, including the following shall be considered:

(a) the person's record for reporting information to the friend of the court and

complying with court orders;

(b) the person's record of appearance or nonappearance at court proceedings;

Chapter 3. Special Proceedings and Actions Page 257 Updated June 21, 2024

(d) the amount of support owed;

(e) the person's employment status and history and financial history insofar as

these factors relate to the ability to post bond;

(f) the availability of responsible members of the community who would vouch for

or monitor the person;

(g) facts indicating the person's ties to the community, including family ties and

relationships, and length of residence; and

(h) any other facts bearing on the risk of nonappearance.

(2) The reasons for requiring a bond under subrule (F), must be stated on the record. A

finding on each of the enumerated factors is not necessary.

(3) Nothing in this rule may be construed to sanction the determination of prehearing

release on the basis of race, religion, gender, economic status, or other impermissible

criteria.

(I) Review; Modification of Release Decision.

(1) Review. A party seeking review of a release decision may file a motion in the court

having appellate jurisdiction over the decision maker. If the decision was made by a

referee, a party is entitled to a new hearing. Otherwise, the reviewing court may not

stay, vacate, modify, or reverse the release decision except on finding an abuse of

discretion.

(2) Emergency Release. If a person is ordered released from custody as a result of a

court order or law requiring the release of prisoners to relieve jail conditions, the court

ordering the release shall impose conditions of release in accordance with this rule to

ensure the appearance of the individual as required. If such conditions of release are

imposed, the court must inform the person of the conditions on the record or by

furnishing to the person or the person's lawyer a copy of the release order setting forth

the conditions.

(J) Termination of Release Order.

(1) After a bond is set pursuant to subrule (G), if the person appears for the hearing in

subrule (B) the court must vacate the release order, discharge a third party who has

posted the bond, and return the cash posted in the full amount of a bond. At the court's

discretion, an arrested person who has deposited money with the court may be

required to forfeit all or a portion of the amount to pay support, fines, fees, costs, and

sanctions.

(2) If the person fails to comply with any conditions of release, the court that issued

the original bench warrant may issue a new bench warrant for the person's arrest and

enter an order revoking the release order and declaring the bond, if any, forfeited.

Chapter 3. Special Proceedings and Actions Page 258 Updated June 21, 2024

(a) The court must mail notice of any revocation order immediately to the person

at the person's last known address and, if forfeiture of bond has been ordered, to

anyone who posted bond.

(b) If the person does not appear and surrender to the court within 28 days after the

revocation date or does not within the period satisfy the court that there was

compliance with the conditions of release or that compliance was impossible

through no fault of the person, the court may continue the revocation order and

enter judgment forfeiting the bond against the individual and anyone who posted

bond for the entire amount of the bond and costs of the court proceedings and costs

associated with the arrest.

(K) Plan for Remote Bond Review Hearings. In each county, the court with trial

jurisdiction over friend of the court cases must adopt and file with the State Court

Administrator a plan for conducting bond review hearings on bench warrants issued as a

result of a show cause hearing when the person is arrested in another county and cannot be

transported immediately. The plan shall provide for the use of available technology for a

person's appearance and the transmission and presentation of evidence in hearings under

this rule.

ULE 3.222 UNIFORM COLLABORATIVE LAW ACT PROCESS AND AGREEMENTS

(A) Scope and Applicability of Rules. This rule and MCL 691.1331 et seq., the Uniform

Collaborative Law Act, govern collaborative law practice in domestic relations cases.

(1) Definitions. For purposes of this rule:

(a) “Collaborative matter” means a dispute, transaction, claim, problem, or issue

for resolution, including a dispute, claim, or issue in a proceeding, that is described

in a collaborative law participation agreement and arises under the family or

domestic relations law of this state.

(b) “Collaborative law participation agreement” means an agreement by persons to

participate in a collaborative law process.

collaborative matter without intervention by a court in which persons sign a

collaborative law participation agreement and are represented by collaborative

lawyers.

(d) “Party A” is the equivalent of a plaintiff and means the party responsible for

filing and service requirements.

(e) “Party B” is the equivalent of a defendant and means the non-filing party.

(B) Commencing an Action Involving Parties in a Collaborative Law Process.

(1) Where the parties have entered into a collaborative law participation agreement

and do not already have a pending domestic relations case, the parties shall proceed

under subrule (C).

Chapter 3. Special Proceedings and Actions Page 259 Updated June 21, 2024

(2) Where a party has filed a domestic relations case with the court under MCR 2.102

and the parties subsequently sign a collaborative law participation agreement, the

parties shall file notice of the signed agreement and a motion to stay proceedings on a

form approved by the State Court Administrative Office.

(a) The court shall either stay the proceedings without a hearing or schedule a

hearing on the notice within 28 days after the motion is filed. An initial order

granting a stay shall be effective for 364 days from the date of filing of the motion.

Upon stipulation of the parties, the court may extend the stay period.

(b) The court may require the parties and collaborative lawyers to file a status

report on the collaborative law process. The status report shall be on a form

approved by the State Court Administrative Office and shall include only

information on whether the process is ongoing, concluded, or terminated. It shall

not include a report, assessment, evaluation, recommendation, finding, or other

communication regarding the matter.

process concludes or terminates. The notice shall be on a form approved by the

State Court Administrative Office.

(i) The stay of the proceeding is lifted when the notice is filed. If the parties

reached an agreement, they shall proceed under MCR 3.222(D).

(ii) If the parties have not filed notice before the stay expires, the court shall

provide notice of intent to dismiss the case for lack of progress as prescribed

by subrule (E). Before dismissing the proceeding, the court shall provide

parties an opportunity to be heard.

collaborative law participation agreement is signed, if the parties are not already under the

court’s jurisdiction, the parties may commence an action to submit to the court’s

jurisdiction.

(1) When the parties have concluded a collaborative law process and are requesting

entry of a final judgment or final order, the parties shall file a petition to submit to

court jurisdiction and request for entry of a final judgment or final order on a form

approved by the State Court Administrative Office.

(a) The petition shall be brought “In the Matter of” the names of Party A and Party

B and the subject matter of the collaborative law agreement using the case type

codes under MCR 8.117. The petition shall:

(i) contain, at a minimum, the grounds for jurisdiction, the statutory grounds to

enter the judgment or order, and a request to enter the judgment or order;

(ii) comply with the provisions of MCR 2.113 and MCR 3.206(A) and (B);

(iii) be signed by both parties;

(iv) be accompanied by the proposed final judgment or proposed final order,

that complies with MCR 3.211 and is signed by both parties;

Chapter 3. Special Proceedings and Actions Page 260 Updated June 21, 2024

(v) be accompanied by a verified statement if required by MCR 3.206(C) and

judgment information form if required by MCR 3.211(F); and

(vi) under MCL 691.1345, be accompanied by domestic violence screening

forms. The domestic violence screening form shall be limited to reporting

personal protection actions, domestic violence criminal actions, and child

protective actions involving the parties and shall be on a form approved by the

State Court Administrative Office. Each party must complete a separate form.

The petition may also contain a request to waive the six-month statutory waiting

period under MCL 552.9f.

(b) On the filing of the petition and request for entry of final judgment or final

order and payment of the filing fees, the court clerk shall assign a case number and

judge. The requirement to issue a summons under MCR 2.102(A) is not

applicable. Unless requested by the parties on filing of a motion, the court clerk

shall not schedule the matter until the conclusion of the statutory waiting period.

The petition under this subrule serves as a complaint and answer and as an

appearance of both attorneys, and starts the statutory waiting period(s) under MCL

552.9f.

(2) To commence an action at any time before the conclusion of the collaborative law

process, the parties shall file a petition for court jurisdiction and declaration of intent

to file a proposed final judgment or proposed final order on a form approved by the

State Court Administrative Office.

(a) The petition shall be brought “In the Matter of” the names of Party A and Party

B and shall state the type of action corresponding to the assigned case type code

under MCR 8.117. The petition shall:

(i) contain, at a minimum, the grounds for jurisdiction, the statutory grounds to

enter the judgment or order, and a request to enter the judgment or order;

(ii) comply with the provisions of MCR 2.113 and MCR 3.206(A) and (B);

(iii) be signed by both parties;

(iv) be accompanied by a verified statement if required by MCR 3.206(C), and

(v) under MCL 691.1345, be accompanied by domestic violence screening

forms. The domestic violence screening form shall be limited to reporting

personal protection actions, domestic violence criminal actions, and child

protective actions involving the parties and shall be on a form approved by the

State Court Administrative Office. Each party must complete a separate form.

The petition may also contain a request to waive the six-month statutory waiting

period under MCL 552.9f.

(b) On the filing of the petition and payment of the filing fees, the court clerk shall

assign a case number and judge. The requirement to issue a summons under MCR

2.102(A) is not applicable. Unless requested by the parties on filing of a motion,

the court clerk shall not schedule the matter for a pretrial or settlement conference.

The petition under this subrule serves as a complaint and answer and as an

Chapter 3. Special Proceedings and Actions Page 261 Updated June 21, 2024

appearance of both attorneys and starts the statutory waiting period(s) under MCL

552.9f.

court to issue, in addition to a final judgment or final order, any other order

approving an agreement resulting from the process.

(d) Unless the collaborative law process has concluded, the parties shall file a

status report with the court within 182 days of the filing date of the petition and

again at 364 days. The status report shall be on a form approved by the State Court

Administrative Office and shall include only information on whether the process is

ongoing or concluded. It may not include a report, assessment, evaluation,

recommendation, finding, or other communication regarding the matter.

(e) At the conclusion of the collaborative law process, the parties shall file a

proposed final judgment or proposed final order that complies with MCR 3.211

and a judgment information form if required by MCR 3.211(F).

(D) Entry of Final Judgment or Final Order.

(1) At its discretion, the court may conduct a hearing before entering the final

judgment or final order.

(2) The final judgment or final order shall be served in accordance with MCR

2.602(E).

(3) Nothing in this rule precludes the court from waiving the six-month statutory

waiting period in accordance with MCL 552.9f.

(E) Dismissal.

(1) Lack of Progress. The clerk shall provide notice of intent to dismiss the case for

lack of progress if:

(a) the parties have not filed a notice that a collaborative law process has

concluded or terminated before the expiration of a stay under subrule (B)(2)(c), or

(b) the parties have not filed a proposed final judgment or proposed final order

within 28 days after the statutory waiting period has expired.

(2) Notice of Intent to Dismiss. A notice of intent to dismiss the case for lack of

progress shall be given in the manner provided in MCR 2.501(C) for notice of trial.

The notice shall state that the case will be dismissed no sooner than 28 days after the

date of the notice unless the parties do one of the following:

(a) file a proposed final judgment or proposed final order under this rule,

(b) file a complaint under MCR 2.101, or

(3) Other Dismissal. A party may dismiss a collaborative law matter commenced

under this rule at any time under MCR 2.504.

Chapter 3. Special Proceedings and Actions Page 262 Updated June 21, 2024

(F) Terminating the Collaborative Law Process. If a party files a complaint under MCL

691.1335(4)(b)(i), the clerk shall proceed on the complaint in accordance with MCR

2.102(A). The court shall dismiss the petition filed under subrule (C)(1) or (C)(2).

Pursuant to MCL 691.1339, the attorneys in the collaborative law agreement are

disqualified from representing either party in the new action.

ULE 3.223 SUMMARY PROCEEDING FOR ENTRY OF CONSENT JUDGMENT OR ORDER

(A) Scope and Applicability of Rules. This rule governs practice and procedure for

entering a consent judgment or consent order as an original action.

(B) Definitions. For purposes of this rule:

(1) “Party A” is the equivalent of a plaintiff and means the party responsible for filing

and service requirements.

(2) “Party B” is the equivalent of a defendant and means the non-filing party.

(1) The parties shall file a petition to submit to court jurisdiction and request for entry

of a proposed consent judgment or proposed consent order on a form approved by the

State Court Administrative Office.

(a) The petition shall be brought “In the Matter of” the names of Party A and Party

B and the subject matter of the proposed consent judgment or proposed consent

order using the case type codes under MCR 8.117. The petition shall:

(i) contain, at a minimum, the grounds for jurisdiction, the statutory grounds to

enter the judgment or order, and a request to enter the judgment or order;

(ii) comply with the provisions of MCR 2.113 and MCR 3.206(A) and (B);

(iii) be signed by both parties;

(iv) be accompanied by the proposed consent judgment or consent order, that

complies with MCR 3.211 and is signed by both parties;

(v) be accompanied by a verified statement if required by MCR 3.206(C) and a

judgment information form if required by MCR 3.211(F); and

(vi) under MCL 691.1345, be accompanied by domestic violence screening

forms. The domestic violence screening form shall be limited to reporting

personal protection actions, domestic violence criminal actions, and child

protective actions involving the parties and shall be on a form approved by the

State Court Administrative Office. Each party must complete a separate form.

(b) The petition may contain a request to waive the six-month statutory waiting

period under MCL 552.9f.

(2) The petition filed under subrule (1)(a) serves as a complaint and answer unless a

party files an objection under subrule (5). It also serves as an appearance of the

attorney who signs the petition.

Chapter 3. Special Proceedings and Actions Page 263 Updated June 21, 2024

(3) On the filing of the petition and request for entry of consent judgment or consent

order and payment of the filing fees, the court clerk shall:

(a) assign a case number and judge, and shall issue a notice of the filing on a form

approved by the State Court Administrative Office to be served by Party A as

provided in MCR 2.103 and 2.105. The court clerk shall not issue a summons

under MCR 2.102(A), and

(b) schedule a hearing date on the proposed consent judgment or consent order but

shall not schedule the matter for any pretrial proceedings unless requested by the

parties on filing of a motion. The hearing date may not be scheduled sooner than

60 days after the date of the notice of filing. Nothing in this rule precludes the

court from waiving the six-month statutory waiting period in accordance with

MCL 552.9f.

(4) The notice of the filing must be issued “In the name of the people of the State of

Michigan,” under the seal of the court that issued it. It must be directed to both parties

and include:

(a) the name and address of the court,

(b) the names of the parties,

(d) the names, addresses, and bar numbers of any attorneys representing the

parties,

(e) the date on which the notice of filing was issued,

(f) the date on which the proposed consent judgment or order will be heard by the

court,

(g) a statement that if either party objects to this summary proceeding at any time

before entry of the proposed consent judgment or consent order, the case will be

dismissed, and

(h) a statement that the hearing on the proposed consent judgment or consent order

will be held under MCR 3.210 at the conclusion of any applicable statutory

waiting period.

(5) If either party objects to this summary proceeding any time before entry of the

proposed consent judgment or proposed consent order, the court shall dismiss the case.

(6) At any time after the filing of the proposed consent judgment or proposed consent

order, the parties may file stipulations and motions and the court may enter temporary

orders.

(D) Entry of Final Consent Judgment or Consent Order. The court shall conduct a hearing

on the proposed consent judgment or proposed consent order in accordance with MCR

3.210. Except when a consent judgment is derived through MCR 3.222, both petitioners

shall be present for this hearing. The final consent judgment or final consent order shall be

served in accordance with MCR 2.602(D).

Chapter 3. Special Proceedings and Actions Page 264 Updated June 21, 2024

(E) Dismissal. A party may dismiss a matter commenced under this rule at any time under

MCR 2.504 or as provided under subrule (C)(5).

ULE 3.224 FRIEND OF THE COURT ALTERNATIVE DISPUTE RESOLUTION

(A) Friend of the Court Alternative Dispute Resolution Plan. The chief judge of each

circuit court shall submit a friend of the court alternative dispute resolution (ADR) plan to

the State Court Administrative Office (SCAO) for approval as a local administrative

order. The plan shall:

(1) Require the use of the domestic violence screening protocol provided by the SCAO

to identify domestic violence, the existence of a protection order as defined in MCL

552.513 between the parties or other protective order, child abuse or neglect, and other

safety concerns. The plan shall provide a method to address those concerns.

(2) State the circumstances under which the friend of the court may exclude a case

from friend of the court ADR under subrule (D)(2).

(3) Designate the matters each friend of the court ADR process will address, subject to

subrule (C)(1).

(4) Designate which friend of the court ADR processes are used in prejudgment or

postjudgment friend of the court domestic relations cases.

(5) Designate the manner in which the friend of the court will conduct each process.

(6) Specify how cases are referred to friend of the court ADR.

(7) Address how the court complies with the training, qualifications, and

confidentiality provisions for friend of the court ADR processes established by the

SCAO pursuant to subrule (J).

(8) Provide that attorneys of record will be allowed to attend, and participate in, all

friend of the court ADR processes, or elect not to attend upon mutual agreement with

opposing counsel and their client.

(9) Set forth any additional procedures, standards, training, qualifications, and

confidentiality requirements of any other friend of the court ADR process the court

uses other than those processes set forth in this rule.

(10) Provide that participants in a friend of the court ADR process may not record the

proceeding.

(B) Definitions. When used in this rule, unless the context indicates otherwise:

(1) “Domestic violence” means the presence of coercion or violence that would make

friend of the court ADR physically or emotionally unsafe for any participant, or that

would impede the achievement of a voluntary and safe resolution of issues.

(2) “Friend of the court ADR” means a process established under MCL 552.513 by

which the parties are assisted to voluntarily agree to resolve a dispute concerning child

custody, parenting time, or support that arises from a domestic relations matter. Friend

of the court ADR includes friend of the court mediation, and may include facilitative

Chapter 3. Special Proceedings and Actions Page 265 Updated June 21, 2024

and information-gathering conferences, joint meetings, and other friend of the court

alternative dispute resolution services.

(3) “Friend of the court facilitative and information-gathering conference” is a process

in which a facilitator assists the parties in reaching an agreement. If the parties fail to

reach an agreement, the facilitator may prepare a report and/or recommended order.

(4) “Friend of the court domestic relations mediation” means a process in which a

neutral third party facilitates confidential communication between parties to explore

solutions to settle custody and parenting time or support issues for friend of the court

cases. Friend of the court domestic relations mediation is not governed by MCR 3.216,

which relates to domestic relations mediation conducted without participation or

supervision of the friend of the court.

(5) “Joint meeting” means a process in which a person discusses proposed solutions

with the parties to a custody or parenting time complaint or an objection to a friend of

the court support recommendation.

(6) “Protected party” means a person who has a personal protection order or other

protective order against another party to the case or a person who, due to the presence

of coercion or violence in a relationship with another party to the case, could be

physically or emotionally unsafe.

(1) On written stipulation of the parties, on written motion of a party, or on the court’s

initiative, the court may order any contested custody, parenting time, or support issue

in a domestic relations case, including postjudgment matters to the friend of the court

mediation by written order.

(2) The court may, by an order or through its friend of the court ADR plan, provide

that the parties are to meet with a person conducting ADR other than friend of the

court domestic relations mediation concerning custody, parenting time, and support

issues, unless otherwise provided by statute or court rule.

(D) Cases Exempt from Friend of the Court ADR.

(1) Parties who are, or have been, subject to a personal protection order or other

protective order or who are involved in a past or present child abuse and neglect

proceeding may not be referred to friend of the court ADR without a hearing to

determine whether friend of the court ADR is appropriate. The court may order ADR

if a protected party requests it without holding a hearing.

(2) The friend of the court may exempt cases from ADR by the friend of the court on

the basis of the following:

(a) child abuse or neglect;

(b) domestic abuse, unless the protected party submits a written consent and the

friend of the court takes additional precautions to ensure the safety of the protected

party and court staff;

Chapter 3. Special Proceedings and Actions Page 266 Updated June 21, 2024

attorneys for both parties will be present at the ADR session;

(d) reason to believe that one or both parties’ health or safety would be endangered

by ADR; or

(e) for other good cause shown.

(3) The friend of the court shall notify the court when a friend of the court case has

been exempted from friend of the court ADR.

(4) If the friend of the court exempts a case from ADR, a party may file a motion and

schedule a hearing to request the court to order friend of the court ADR.

(E) Objections to Friend of the Court ADR.

(1) A party may object to ADR under this rule. An objection must be based on one or

more of the factors in subrule (D)(2), and must allege facts in support of the objection.

(2) Objection to Mediation:

(a) To object to friend of the court domestic relations mediation, a party must file a

written motion to remove the case from friend of the court mediation and a notice

of hearing of the motion, and serve a copy on all parties or their attorneys of record

within 14 days after receiving notice of the order. The motion must be set for

hearing within 14 days after it is filed, unless the hearing is adjourned by

agreement of counsel or the court orders otherwise.

(b) A timely motion must be heard before the case is mediated.

(3) Objection to Friend of the Court Facilitative Information-Gathering Conference:

(a) To object to a friend of the court facilitative and information gathering

conference, a party must include the objection within the pleading or postjudgment

motion initiating the action, a responsive pleading or answer, or file the objection

within 14 days of the date that the notice is sent to the party. All objections must be

filed with the court.

(b) The objecting party must schedule the hearing, and serve a copy of the

objection and notice of hearing on all parties and/or attorneys of record.

information-gathering conference unless the court orders a conference after motion

and hearing or the objecting party withdraws the objection.

(4) Objection to Joint Meetings:

(a) To object to a joint meeting, the party must file a written objection with the

friend of the court and provide a copy to all parties and their attorneys of record

before the time scheduled for the joint meeting.

(b) If a party files an objection, the friend of the court shall not hold a joint meeting

unless the court orders a joint meeting following a hearing on motion of a party or

the objecting party withdraws the objection.

Chapter 3. Special Proceedings and Actions Page 267 Updated June 21, 2024

(F) Friend of the Court Facilitative and Information-Gathering Conference Procedure.

(1) A friend of the court facilitative and information-gathering conference shall use the

following procedure:

(a) The conference may not begin until the friend of the court case has been

screened for domestic violence using a screening protocol provided by the State

Court Administrative Office as directed by the Supreme Court.

(b) If domestic violence is identified or suspected, the conference may not proceed

unless the protected party submits a written consent and the friend of the court

takes additional precautions to ensure the safety of court staff and the protected

party. Throughout the facilitative and information-gathering conference process,

the facilitator must make reasonable efforts to screen domestic violence that would

make the conference physically or emotionally unsafe for any participant or that

would impede achieving a voluntary and safe resolution of issues.

their attorneys, if applicable, of the following:

(i) the purpose of the conference and how the facilitator will conduct the

conference and submit an order or recommendation to the court under

(F)(2)(a);

(ii) how information gathered during the conference will be used;

(iii) that statements made during the conference are not confidential and can be

used in other court proceedings, and shall not be recorded; and

(iv) that the parties are expected to provide information as required by MCL

552.603 to the friend of the court and the consequences of not doing so.

(2) If the parties resolve all contested issues, the facilitator shall submit a report to the

court as provided in subrule (I) and may provide a proposed order to the court setting

forth the parties’ agreements.

(a) If the parties do not resolve all contested issues at the conference or the parties

agree to resolve all or some contested issues but do not sign the proposed order, the

facilitator shall submit a report as provided in subrule (I) and may do one of the

following:

(i) Prepare and forward a recommended order to the court within seven days

from the date of the conference. The court may enter the recommended order if

it approves the order and must serve it on all parties and attorneys of record

within seven days after the date the court enters the order. Accompanying the

order must be a notice that a party may object to the order by filing a written

objection to the court within 21 days after the date of service, and by

scheduling a hearing on the objection. If there is a timely objection, the hearing

must be held within 21 days after the objection is filed. If a party objects, the

order remains in effect pending a hearing on a party’s objection unless the

court orders otherwise.

Chapter 3. Special Proceedings and Actions Page 268 Updated June 21, 2024

(ii) Prepare and serve a recommended order on the parties within seven days

from the date of the conference along with a notice that the recommended

order will be presented to the court for entry unless a party objects by filing a

written objection within 21 days after the date of service, and by scheduling a

hearing on the objection. If neither party files a timely objection, the court may

enter the order if it approves.

(iii) Submit a recommendation to the court for further action the court might

take to help the parties resolve the remaining contested issues in the case, or

alert the court there are contested issues that might require the court’s

immediate attention.

(b) A party may consent to entry of a recommended order by signing a copy of the

order at the time of the conference or after receiving the recommended order. A

party who consents to entry of the order waives the right to object to the order and

must file a motion to set the order aside once it enters.

subrule (A)(1), (F)(1)(a), and (H)(1)(a), communications made during a friend of

the court facilitative and information-gathering conference are not confidential and

may be used in court proceedings.

(G) Friend of the Court Domestic Relations Mediation Procedure.

(1) Domestic relations mediation will be conducted by a mediator selected by the

friend of the court.

(a) The mediation may not begin until the friend of the court case has been

screened for domestic violence using a screening protocol provided by the State

Court Administrative Office as directed by the Supreme Court.

(b) If domestic violence is identified or suspected, the mediation process may not

continue unless the protected party submits a written consent and the friend of the

court takes additional precautions to ensure the safety of the protected party and

court staff. Throughout the mediation process, the mediator must make reasonable

efforts to screen for the presence of coercion or violence that would make

mediation physically or emotionally unsafe for any participant or that would

impede achieving a voluntary and safe resolution of issues.

attorneys, if applicable, of the following:

(i) the purpose of mediation;

(ii) how the mediator will conduct mediation;

(iii) except as provided for in MCR 2.412(D)(8), statements made during the

mediation process are confidential and cannot be used in court proceedings.

(d) If the parties reach an agreement, the mediator shall submit a proposed order

and a report pursuant to subrule (I) within seven days.

Chapter 3. Special Proceedings and Actions Page 269 Updated June 21, 2024

(e) If the parties do not reach an agreement within seven days of the completion of

mediation, the mediator shall so advise the court stating only the date of

completion of the process, who participated in the mediation, whether settlement

was reached, and whether additional friend of the court ADR proceedings are

contemplated.

(2) With the exceptions provided for in MCR 2.412(D), communications during friend

of the court domestic relations mediation process are confidential and cannot be used

in court proceedings and cannot be recorded.

(H) Joint Meeting Procedure.

(1) Joint meetings shall be conducted as provided in this subrule:

(a) The joint meeting may not begin until the friend of the court case has been

screened for domestic violence using a screening protocol provided by the State

Court Administrative Office as directed by the Supreme Court.

(b) If domestic violence is identified or suspected, the meeting may not proceed

unless the protected party submits a written consent and the friend of the court

takes additional precautions to ensure the safety of the protected party and court

staff. Throughout the joint meeting, the person conducting the joint meeting must

make reasonable efforts to screen for the presence of coercion or violence that

would make the joint meeting physically or emotionally unsafe for any participant

or that would impede achieving a voluntary and safe resolution of issues.

the following:

(i) advise the parties that statements made during the joint meeting are not

confidential and can be used in other court proceedings;

(ii) advise the parties that the purpose of the meeting is for the parties to reach

an accommodation and how the person will conduct the meeting;

(iii) advise the parties that the person may recommend an order to the court to

resolve the dispute; and

(iv) explain to the parties the information provided for in subrules (H)(1)(d)-

(e).

(d) At the conclusion of a joint meeting, the person conducting the meeting shall

submit a report within seven days pursuant to subrule (I) and may do one of the

following:

(i) If the parties reach an accommodation, record the accommodation in

writing and provide a copy to the parties and attorneys of record. If the

accommodation modifies an order, the person must submit a proposed order to

the court. If the court approves the order, the court shall enter it; or

(ii) Submit an order to the court stating the person’s recommendation for

resolving the dispute. The parties may consent by signing the recommended

Chapter 3. Special Proceedings and Actions Page 270 Updated June 21, 2024

order and waiving the objection period in accordance with (H)(1)(e)(iii). If the

court approves the order, the court shall enter it.

(e) If the person conducting the joint meeting submits a recommended order within

seven days to the court, the friend of the court must serve the parties and attorneys

of record a copy of the order and a notice that provides the following information:

(i) that the court may enter the recommended order resolving the dispute unless

a party objects to the order within 21 days after the notice is sent;

(ii) when and where a written objection must be submitted;

(iii) that a party may waive the 21-day objection period by returning a signed

copy of the recommended order; and

(iv) if a party files a written objection within the 21-day limit, the friend of the

court office shall set a court hearing before a judge or referee to resolve the

dispute. If a party fails to file a written objection within the 21-day limit, the

office shall submit the proposed order to the court for entry if the court

approves it.

(2) Except for communications made during domestic violence screening,

communications made during a joint meeting are not confidential and may be used in

other court proceedings and cannot be recorded.

(I) The SCAO shall develop forms for reports and orders that the friend of the court shall

use in the ADR processes under this court rule.

(1) A report form for a proposed consent order shall contain sufficient information to

allow the court to make an independent determination that the proposed order is in the

child’s best interest.

(2) When the parties do not resolve some or all of the issues in a facilitative and

information-gathering conference or when the friend of the court submits a proposed

order following a joint meeting, the report shall contain the parties’ agreed-upon and

disputed facts and issues.

(3) A report under this subrule is not a friend of the court report entitled to

consideration under MRE 1101(b)(9). In any contested hearing, the court may use the

report to:

(a) decide the contested matter to the extent the parties do not dispute the issues or

facts in the report or to the extent that the contested issues and facts are not

material to the court’s decision; or

(b) if the parties dispute any issues or facts in the report, the court must make an

independent determination based on evidence and testimony presented at the

hearing or a subsequent hearing.

(4) The court may, on its own motion, order the friend of the court to conduct an

investigation and provide a report under MCL 552.505(1)(G).

(J) Qualification of ADR Providers.

Chapter 3. Special Proceedings and Actions Page 271 Updated June 21, 2024

(1) The SCAO shall establish training and qualification requirements for persons

conducting each type of ADR under this court rule.

(2) The SCAO shall also provide a process for waiving training and qualification

requirements when:

(a) the trial court demonstrates a person who meets the requirements is not

reasonably available and the court’s proposed candidate has suitable qualifications

equivalent to those established by the SCAO; or

(b) the person will complete the requirements within a reasonable time determined

by the SCAO.

ULE 3.229 FILING CONFIDENTIAL MATERIALS

(A) If a party or interested party files any of the following items with the court, the party

shall identify the document as a confidential document and the items shall be served on

the other parties in the case and maintained in a nonpublic file in accordance with subrule

(B):

(1) verified statements and disclosure forms under MCR 3.206(C);

(2) child protective services reports;

(3) psychological evaluations;

(4) custody evaluations;

(5) medical, mental health, and academic records of a minor;

(6) any part of a confidential file under MCR 3.903(A)(3);

(7) any item designated as confidential or nonpublic by statute or court rule; and

(8) any other document which, in the court’s discretion, should not be part of the

public record.

(B) Any item filed and identified under subrule (A) is nonpublic and must be maintained

separately from the legal file. The filer waives any claim of confidentiality to any item

filed under subrule (A) that is not identified by the filer as confidential. The nonpublic file

must be made available for any appellate review.

ULE 3.230 ACTIONS UNDER THE SUMMARY SUPPORT AND PATERNITY ACT

(A) Scope and Applicability of Rules; Definitions.

(1) Procedure in actions under the Summary Support and Paternity Act, MCL

722.1491 et seq., is governed by the rules applicable to other domestic relations

actions, except as otherwise provided in this rule and the act.

(2) Definitions. For purposes of this rule

(a) “IV-D agency” means the agency in a county that provides support and

paternity establishment services under MCL 722.1501.

Chapter 3. Special Proceedings and Actions Page 272 Updated June 21, 2024

(b) “Plaintiff” means

(i) The child’s mother, father, or alleged father on whose behalf the IV-D

agency files the action, or

(ii) The Michigan Department of Health and Human Services when the IV-D

agency files an action on behalf of a child.

paternity or paternity and support under MCL 722.1491 et seq.

(d) “Expedited support action” means an action commenced to establish a parent’s

support obligation under MCL 722.1499.

(B) Commencing an Action.

(1) A IV-D agency commences an expedited paternity or expedited support action by

filing one of the following with the court:

(a) A complaint and notice, or

(b) A request to enter a consent agreement, and a consent judgment or order signed

by the parties.

(2) Upon filing an action, the court clerk shall assign a case number and judge. The

court clerk shall not issue a summons under MCR 2.102.

(3) A complaint, notice, and request for entry of a consent agreement used to initiate

an action or set child support must be completed on forms approved by the State Court

Administrative Office.

(4) Complaint. A complaint filed in an expedited action shall:

(a) comply with MCR 1.109, MCR 2.113, and MCR 3.206(A),

(b) be verified and signed by the mother or alleged father, or signed “on

information and belief” by the IV-D agency,

(d) state the relief being requested, and either

(i) comply with MCL 722.1495 and other applicable laws and rules if filed in

an expedited paternity action, or

(ii) comply with MCL 722.1499 and other applicable laws and rules if filed in

an expedited support action.

(5) Notice. A notice to initiate an expedited paternity or expedited support action shall

be titled “In the name of the people of the state of Michigan,” and shall be signed by

the IV-D agency. The notice must be directed to the defendant and:

(a) comply with MCR 1.109(D);

(b) include the name, address, and phone number of the IV-D agency filing the

action;

Chapter 3. Special Proceedings and Actions Page 273 Updated June 21, 2024

the court within 21 days after being served, and if the defendant fails to file a

written response pursuant to statute or take other action within 21 days, an order or

a judgment may be entered granting the relief requested in the complaint without

further notice or hearing; and

(d) include an expiration date, which does not exceed 126 days after the date the

action is filed.

(6) Request to Enter Consent Agreement. A request for entry of a consent judgment or

order to initiate an expedited paternity or expedited support action shall:

(a) comply with MCR 1.109(D)(1),

(b) contain the grounds for jurisdiction, the statutory grounds to enter the judgment

or order, and a request for entry of the judgment or order without further notice;

and

(7) The requirement to submit a verified statement or disclosure form required under

MCR 3.206(C) does not apply to an expedited paternity or expedited support action,

unless otherwise directed by the court.

(1) A complaint and notice filed under subrule (B)(1)(a) must be served on the

parties by the IV-D agency in accordance with MCR 2.105, or in the alternative,

may be served by mail in accordance with MCL 722.1495(4).

(2) Pursuant to MCL 722.1501(4)(c), a request to enter a consent judgment or

order filed under subrule (B)(1)(b) is considered served at the time of filing, and a

party’s signature on the request to enter a consent agreement, judgment, or order

acknowledges service.

(3) After a party has been served under subrule (C)(1) or (2), other court papers,

orders, and notices shall be served in accordance with MCR 3.203.

(D) Dismissal as to Defendant Not Served.

(1) Upon expiration of the notice under subrule (B)(5)(d), the action is deemed

dismissed without prejudice if the defendant has not been served with notice of the

action unless the defendant has responded.

(2) A court shall set aside a dismissal of an action under this subrule without

hearing upon showing by the IV-D agency within 28 days of the expiration of the

notice that the defendant did in fact receive timely notice or had submitted to the

court’s jurisdiction before the dismissal.

(E) Setting Child Support.

(1) At the time that a complaint is filed, or any time after establishing paternity or a

duty to support a child, the IV-D agency may provide notice setting a proposed

Chapter 3. Special Proceedings and Actions Page 274 Updated June 21, 2024

support amount. The proposed support obligation shall be calculated by application of

the Michigan Child Support Formula or a properly documented deviation from the

amount calculated using the formula. The notice or an accompanying calculation

results report must state the amounts calculated for support, the proposed effective

date, and the facts and assumptions upon which the calculation is based.

(2) A notice and calculation report setting a child support amount shall be filed with

the court and provided to the parties. The notice shall contain statements notifying the

parties of all of the following:

(a) that objections and responses to the notice must be filed within 21 days from:

(i) the date of service, if the notice setting child support is served at the same

time as the complaint and notice; or

(ii) the date of mailing or service, if the notice is served under MCR 3.203.

(b) a party may object to the proposed child support amount based on either a

mistake in the facts or assumptions used to calculate support, or on an error in the

calculation by filing an answer requesting a hearing on the proposed obligation;

amounts for entry without further notice or hearing;

(d) if an objection is filed, a hearing will be scheduled, unless the IV-D agency

recalculates the amount and sends a new notice.

(3) If the IV-D agency receives information from a party after filing a notice setting a

child support amount and before a support order is submitted for entry, the agency

may recalculate support and issue a new notice and calculation report under this

subrule proposing a corrected child support amount.

(F) Response.

(1) Within 21 days after being served with a notice under subrule (B) or a notice under

subrule (E), a party must file a response with the court or take another action permitted

by law or these rules. The party must serve copies of the response on the IV-D agency

and the other party in accordance with MCR 3.203.

(2) The IV-D agency shall immediately forward to the court any response it receives

from a party who has not filed the response with the court.

(3) A request to enter a consent agreement, or a consent judgment or order filed under

subrule (B)(1)(b) does not require a response. A party may file an additional response

or motion regarding issues not resolved by the agreement, consent judgment or order,

or the other party filing an additional response.

(4) Within 14 days after the time permitted for responses under subrule (F)(1), if a

party has filed a response, or pursuant to any matter left unresolved, the IV-D agency

shall take one or more of the following actions:

(a) schedule genetic testing, if a party in an expedited paternity action requests

genetic testing;

Chapter 3. Special Proceedings and Actions Page 275 Updated June 21, 2024

(b) schedule a hearing on any matters or relief proposed in a complaint or notice

that are contested, and the IV-D agency may submit a proposed order or judgment

that incorporates any proposed relief that was not contested; or

a party agrees to or that was not contested.

(G) Failure to Respond.

(1) Subrule MCR 3.210(B) does not apply to proceedings under this rule.

(2) If neither party in an action to establish paternity brought against an alleged father

requests genetic tests and the defendant does not otherwise defend within 21 days after

receiving notice, the IV-D agency may request entry of a judgment establishing

defendant as the child’s legal father by submitting a proposed judgment for entry.

(3) In an action to establish paternity brought by an alleged father against the child’s

mother, if the mother does not admit the alleged father’s paternity, the court shall not

determine paternity unless based on genetic test results.

(4) When a defendant does not respond or otherwise defend, the IV-D agency shall

submit a proposed order that establishes the duty to support the child.

(5) If neither party files an objection to a notice setting a support amount within 21

days, the IV-D agency shall submit a support order in the recommended amounts to

the court.

(6) Nonmilitary affidavits required by law must be filed before a judgment is entered

in cases in which the defendant has failed to respond or appear.

(7) A judgment may not be entered against a minor or an incompetent person who has

failed to respond or appear unless the person is assisted in the action by a conservator

or other representative, except as otherwise provided by law.

(H) Judgments and Orders.

(1) The court may consider the complaints and other documents filed with the court,

relevant and material affidavits, or other evidence when entering an order in an

expedited paternity or support action.

(2) Entering Orders. The court may enter a proposed judgment or order submitted by

the IV-D agency without hearing if the court is satisfied of all of the following:

(a) that the parties were given proper notice and opportunity to file a response,

(b) the statutory and rule requirements were met, and

(3) The IV-D agency seeking entry of a proposed judgment or order must schedule a

hearing and serve the motion, notice of hearing, and a copy of the proposed judgment

or orders upon the parties at least 14 days before the hearing, and promptly file a proof

of service when:

Chapter 3. Special Proceedings and Actions Page 276 Updated June 21, 2024

(a) the proposed judgment involves a request for relief that is different from the

relief requested in the complaint; or

(b) the IV-D agency does not have sufficient facts to complete the judgment or

order without a judicial determination of the relief to which the party is entitled.

(4) If the court determines that a proposed judgment or order is not in accordance with

the law or that the court needs additional information to decide the matter, the court

may direct the IV-D agency or the parties to do any of the following within 14 days:

(a) submit a modified proposed judgment or order in conformity with the court’s

ruling;

(b) file additional affidavits or other documents and notices, or

statutory requirements.

(5) A party may waive a statutory waiting period or further notice prior to entry of a

consent judgment or order.

(6) If paternity of a child has not been established and a party or IV-D agency requests

genetic testing, the court may order the parties and child to submit to genetic testing

without a hearing.

(7) Upon entry of a judgment or order and as provided by MCR 3.203, the IV-D

agency must serve a copy as entered by the court on all parties within 7 days after

entry, and promptly file a proof of service.

SUBCHAPTER 3.300 EXTRAORDINARY WRITS

RULE 3.301 EXTRAORDINARY WRITS IN GENERAL

(A) Applicability and Scope of Rules.

(1) A civil action or appropriate motion in a pending action may be brought to obtain

(a) superintending control,

(b) habeas corpus,

(d) quo warranto.

Unless a particular rule or statute specifically provides otherwise, an original action

may not be commenced in the Supreme Court or the Court of Appeals if the circuit

court would have jurisdiction of an action seeking that relief.

(2) These special rules govern the procedure for seeking the writs or relief formerly

obtained by the writs, whether the right to relief is created by statute or common law.

If the right to relief is created by statute, the limitations on relief in the statute apply, as

well as the limitations on relief in these rules.

Chapter 3. Special Proceedings and Actions Page 277 Updated June 21, 2024

(3) The general rules of procedure apply except as otherwise provided in this

subchapter.

(B) Joinder of Claims. More than one kind of writ may be sought in an action either as an

independent claim or as an alternative claim. Subject to MCR 2.203, other claims may be

joined in an action for a writ or writs.

However, if a writ, order, or order to show cause is issued before service of process, then

service of the writ, order, or order to show cause in the manner prescribed in MCR 2.105,

accompanied by a copy of the complaint, makes service of other process unnecessary.

(D) Assignment for Trial. Actions brought under these special rules may be given

precedence under MCR 2.501(B).

(E) Records. The action taken on applications for writs or orders to show cause must be

noted in court records in the same manner as actions taken in other civil actions.

(F) No Automatic Stay. The automatic stay provisions of MCR 2.614(A) do not apply to

judgments in actions brought under this subchapter.

(G) Procedure Where Relief Is Sought in Supreme Court or Court of Appeals.

(1) MCR 7.306 applies to original proceedings brought in the Supreme Court to obtain

relief under this subchapter.

(2) MCR 7.206 applies to original proceedings brought in the Court of Appeals to

obtain relief under this subchapter.

ULE 3.302 SUPERINTENDING CONTROL

(A) Scope. A superintending control order enforces the superintending control power of a

court over lower courts or tribunals.

(B) Policy Concerning Use. If another adequate remedy is available to the party seeking

the order, a complaint for superintending control may not be filed. See subrule (D)(2) and

MCR 7.306(A).

prohibition and the writ of mandamus when directed to a lower court or tribunal.

(D) Jurisdiction.

(1) The Supreme Court, the Court of Appeals, and the circuit court have jurisdiction to

issue superintending control orders to lower courts or tribunals.

Chapter 3. Special Proceedings and Actions Page 278 Updated June 21, 2024

(2) When an appeal in the Supreme Court, the Court of Appeals, or the circuit court is

available, that method of review must be used. If superintending control is sought and

an appeal is available, the complaint for superintending control must be dismissed.

(E) Procedure for Superintending Control in Circuit Court.

(1) Complaint. A person seeking superintending control in the circuit court must file a

complaint with the court. Only the plaintiff's name may appear in the title of the action

(for example, In re Smith). The plaintiff must serve a copy of the complaint on the

court or tribunal over which superintending control is sought. If the superintending

control action arises out of a particular action, a copy of the complaint must also be

served on each other party to the proceeding in that court or tribunal.

(2) Answer. Anyone served under subrule (E)(1) may file an answer within 21 days

after the complaint is served.

(3) Issuance of Order; Dismissal.

(a) After the filing of a complaint and answer or, if no answer is filed, after

expiration of the time for filing an answer, the court may

(i) issue an order to show cause why the order requested should not be issued,

(ii) issue the order requested, or

(iii) dismiss the complaint.

(b) If a need for immediate action is shown, the court may enter an order before an

answer is filed.

documents be filed.

(d) An order to show cause must specify the date for hearing the complaint.

ULE 3.303 HABEAS CORPUS TO INQUIRE INTO CAUSE OF DETENTION

(A) Jurisdiction and Venue; Persons Detained on Criminal Charges.

(1) An action for habeas corpus to inquire into the cause of detention of a person may

be brought in any court of record except the probate court.

(2) The action must be brought in the county in which the prisoner is detained. If it is

shown that there is no judge in that county empowered and available to issue the writ

or that the judicial circuit for that county has refused to issue the writ, the action may

be brought in the Court of Appeals.

(3) A prisoner detained in a county jail for a criminal charge, who has not been

sentenced to detention by a court of competent jurisdiction, may be removed from

detention by a writ of habeas corpus to inquire into the cause of detention only if the

writ is issued by the court in which the prisoner would next appear if the criminal

process against the prisoner continued, or by the judicial circuit for the county in

Chapter 3. Special Proceedings and Actions Page 279 Updated June 21, 2024

which the prisoner is detained. This subrule does not limit the power of the Court of

Appeals or Supreme Court to issue the writ.

(B) Who May Bring. An action for habeas corpus may be brought by the prisoner or by

another person on the prisoner's behalf.

(1) that the person on whose behalf the writ is applied for (the prisoner) is restrained of

his or her liberty;

(2) the name, if known, or the description of the prisoner;

(3) the name, if known, or the description of the officer or person by whom the

prisoner is restrained;

(4) the place of restraint, if known;

(5) that the action for habeas corpus by or on behalf of the prisoner is not prohibited;

(6) the cause or pretense of the restraint, according to the plaintiff's best knowledge

and belief; and

(7) why the restraint is illegal.

(D) Issuance of the Writ or Order to Show Cause.

(1) On the filing of the complaint, the court may issue

(a) a writ of habeas corpus directed to the person having custody of the prisoner, or

that person's superior, ordering him or her to bring the prisoner before the court

forthwith; or

(b) an order to show cause why the writ should not be issued, unless it appears that

the prisoner is not entitled to relief.

(2) On the showing required by MCL 600.4337, the court may issue a warrant in lieu

of habeas corpus.

(3) Duplicate original writs may be issued.

(E) Certification of Record. When proceedings in another court or agency are pertinent to

a determination of the issue raised in a habeas corpus action, the court may order the

transcript of the record and proceedings certified to the court within a specified time. The

order must identify the records to be certified with sufficient specificity to allow them to

be located.

(F) Issuance Without Application or Before Filing.

(1) A judge of a court of record, except the probate court, may issue a writ of habeas

corpus or order to show cause if

(a) the judge learns that a person within the judge's jurisdiction is illegally

restrained, or

Chapter 3. Special Proceedings and Actions Page 280 Updated June 21, 2024

(b) an application is presented to the judge before or after normal court hours.

(2) If the prisoner is being held on criminal charges, the writ or order may only be

issued by a judge of a court authorized to issue a writ of habeas corpus under subrule

(A)(3).

(3) If a complaint is presented to a judge under the provisions of subrule (F)(1)(b), it

need not be filed with the court before the issuance of a writ of habeas corpus. The

complaint must subsequently be filed with the court whether or not the writ is granted.

(G) Endorsement of Allowance of Writ. Every writ issued must be endorsed with a

certificate of its allowance and the date of the allowance. The endorsement must be signed

by the judge issuing the writ, or, if the writ is issued by a panel of more than 1 judge, by a

judge of the court.

(H) Form of Writ. A writ of habeas corpus must be substantially in the form approved by

the state court administrator.

(I) Service of Writ.

(1) Person to be Served. The writ or order to show cause must be served on the

defendant in the manner prescribed in MCR 2.105. If the defendant cannot be found,

or if the defendant does not have the prisoner in custody, the writ or order to show

cause may be served on anyone having the prisoner in custody or that person's

superior, in the manner and with the same effect as if that person had been made a

defendant in the action.

(2) Tender of Fees. If the Attorney General or a prosecuting attorney brings the action,

or if a judge issues the writ on his or her own initiative, there is no fee. In other

actions, to make the service of a writ of habeas corpus effective, the person making

service must give the fee provided by law or this rule to the person having custody of

the prisoner or to that person's superior.

(a) If the prisoner is in the custody of a sheriff, coroner, constable, or marshal, the

fee is that allowed by law to a sheriff for bringing up a prisoner.

(b) If the prisoner is in the custody of another person, the fee is that, if any, allowed

by the court issuing the writ, not exceeding the fee allowed by law to a sheriff for

similar services.

(J) Sufficiency of Writ. The writ or order to show cause may not be disobeyed because of

a defect in form. The writ or order to show cause is sufficient if the prisoner is designated

by name, if known, or by a description sufficient to permit identification. The writ or order

may designate the person to whom it is directed as the person having custody of the

prisoner. Anyone served with the writ or order is deemed the person to whom it is directed

and is considered a defendant in the action.

(K) Time for Answer and Hearing.

Chapter 3. Special Proceedings and Actions Page 281 Updated June 21, 2024

(1) If the writ is to be answered and the hearing held on a specified day and hour, the

answer must be made and the prisoner produced at the time and place specified in the

writ.

(2) If an order to show cause is issued, it must be answered as provided in subrule (N),

and the hearing must be held at the time and place specified in the order.

(L) Notice of Hearing Before Discharge.

(1) When the answer states that the prisoner is in custody on process under which

another person has an interest in continuing the custody, an order of discharge may not

be issued unless the interested person or that person's attorney has had at least 4 days'

notice of the time and place of the hearing.

(2) When the answer states that the prisoner is detained on a criminal charge, the

prisoner may not be discharged until sufficient notice of the time and place of the

hearing is given to the prosecuting attorney of the county within which the prisoner is

detained or, if there is no prosecuting attorney within the county, to the Attorney

General.

(M) Habeas Corpus to Obtain Custody of Child.

(1) A complaint seeking a writ of habeas corpus to inquire into a child's custody must

be presented to the judicial circuit for the county in which the child resides or is found.

(2) An order to show cause, not a writ of habeas corpus, must be issued initially if the

action is brought by a parent, foster parent, or other relative of the child, to obtain

custody of a child under the age of 16 years from a parent, foster parent, or other

relative of the child. The court may direct the friend of the court to investigate the

circumstances of the child's custody.

(N) Answer.

(1) Contents of Answer; Contempt. The defendant or person served must obey the writ

or order to show cause or show good cause for not doing so, and must answer the writ

or order to show cause within the time allowed. Failure to file an answer is contempt.

The answer must state plainly and unequivocally

(a) whether the defendant then has, or at any time has had, the prisoner under his or

her control and, if so, the reason; and

(b) if the prisoner has been transferred, to whom, when the transfer was made, and

the reason or authority for the transfer.

(2) Attachments. If the prisoner is detained because of a writ, warrant, or other written

authority, a copy must be attached to the answer, and the original must be produced at

the hearing. If an order under subrule (E) requires it, the answer must be accompanied

by the certified transcript of the record and proceedings.

(3) Verification. The answer must be signed by the person answering, and, except

when the person is a sworn public officer and answers in his or her official capacity, it

must be verified by oath.

Chapter 3. Special Proceedings and Actions Page 282 Updated June 21, 2024

(O) Answer May Be Controverted. In a reply or at a hearing, the plaintiff or the prisoner

may controvert the answer under oath, to show either that the restraint is unlawful or that

the prisoner is entitled to discharge.

(P) Prisoner; When Bailed. Because a habeas corpus action must be decided promptly

with no more than the brief delay provided by subrule (Q)(2), release of a prisoner on bail

will not normally be considered until after determination that legal cause exists for the

detention. Thereafter, if the prisoner is entitled to bail, the court issuing the writ or order

may set bail.

(Q) Hearing and Judgment.

(1) The court shall proceed promptly to hear the matter in a summary manner and

enter judgment.

(2) In response to the writ of habeas corpus or order to show cause, the defendant may

request adjournment of the hearing. Adjournment may be granted only for the brief

delay necessary to permit the defendant

(a) to prepare a written answer (unless waived by the plaintiff); or

(b) to present to the court or judge issuing the writ or order testimonial or

documentary evidence to establish the cause of detention at the time for answer.

(3) In the defendant's presence, the court shall inform the prisoner that he or she has

the right to an attorney and the right to remain silent.

(4) From the time the prisoner is produced in response to the writ or order until

judgment is entered, the judge who issued the writ or order has custody of the prisoner

and shall make certain that the prisoner's full constitutional rights are protected.

(5) The hearing on the return to a writ of habeas corpus or an order to show cause must

be recorded verbatim, unless a court reporter or recorder is not available. If the hearing

is conducted without a verbatim record being made, as soon as possible the judge shall

prepare and certify a narrative written report. The original report is part of the official

record in the action, and copies must be sent forthwith to the parties or their attorneys.

(6) If the prisoner is restrained because of mental disease, the court shall consider the

question of the prisoner's mental condition at the time of the hearing, rather than

merely the legality of the original detention.

ULE 3.304 HABEAS CORPUS TO BRING PRISONER TO TESTIFY OR FOR PROSECUTION

(A) Jurisdiction; When Available. A court of record may issue a writ of habeas corpus

directing that a prisoner in a jail or prison in Michigan be brought to testify

(1) on the court's own initiative; or

(2) on the ex parte motion of a party in an action before a court or an officer or body

authorized to examine witnesses.

Chapter 3. Special Proceedings and Actions Page 283 Updated June 21, 2024

A writ of habeas corpus may also be issued to bring a prisoner to court for prosecution.

Subrules (C)-(G) apply to such a writ.

(B) Contents of Motion. The motion must be verified by the party and must state

(1) the title and nature of the action in which the testimony of the prisoner is desired;

and

(2) that the testimony of the prisoner is relevant and necessary to the party in that

proceeding.

prisoner be placed in the custody of a designated officer for transportation to the place

where the hearing or trial is to be held, rather than requiring the custodian to bring the

prisoner to that place.

(D) Form of Writ. A writ of habeas corpus to produce a prisoner to testify or for

prosecution must be substantially in the form approved by the state court administrator.

(E) Answer and Hearing. If the prisoner is produced or delivered to the custody of a

designated officer as ordered, the person served with the writ need not answer the writ,

and a hearing on the writ is unnecessary.

(F) Remand. When a prisoner is brought on a writ of habeas corpus to testify or for

prosecution, the prisoner must be returned to the original custodian after testifying or

prosecution.

(G) Applicability of Other Rules. MCR 3.303(G), (I), (J), and (K)(1) apply to habeas

corpus to produce a prisoner to testify or for prosecution.

ULE 3.305 MANDAMUS

(A) Jurisdiction.

(1) An action for mandamus against a state officer may be brought in the Court of

Appeals or the Court of Claims.

(2) All other actions for mandamus must be brought in the circuit court unless a statute

or rule requires or allows the action to be brought in another court.

(B) Venue.

(1) The general venue statutes and rules apply to actions for mandamus unless a

specific statute or rule contains a special venue provision.

(2) In addition to any other county in which venue is proper, an action for mandamus

against a state officer may be brought in Ingham County.

Chapter 3. Special Proceedings and Actions Page 284 Updated June 21, 2024

immediate action, the court may issue an order to show cause. The motion may be made in

the complaint. The court shall indicate in the order when the defendant must answer the

order.

(D) Answer. If necessity for immediate action is not shown, and the action is not

dismissed, the defendant must answer the complaint as in an ordinary civil action.

(E) Exhibits. A party may attach to the pleadings, as exhibits, certified or authenticated

copies of record evidence on which the party relies.

(F) Hearings in Circuit Court. The court may hear the matter or may allow the issues to be

tried by a jury.

(G) Writ Contained in Judgment. If the judgment awards a writ of mandamus, the writ

may be contained in the judgment in the form of an order, and a separate writ need not be

issued or served.

ULE 3.306 QUO WARRANTO

(A) Jurisdiction.

(1) An action for quo warranto against a person who usurps, intrudes into, or

unlawfully holds or exercises a state office, or against a state officer who does or

suffers an act that by law works a forfeiture of the office, must be brought in the Court

of Appeals.

(2) All other actions for quo warranto must be brought in the circuit court.

(B) Parties.

(1) Actions by Attorney General. An action for quo warranto is to be brought by the

Attorney General when the action is against:

(a) a person specified in subrule (A)(1);

(b) a person who usurps, intrudes into, or wrongfully holds or exercises an office

in a public corporation created by this state's authority;

without being legally incorporated;

(d) a corporation that is in violation of a provision of the act or acts creating,

offering, or renewing the corporation;

(e) a corporation that has violated the provisions of a law under which the

corporation forfeits its charter by misuse;

(f) a corporation that has forfeited its privileges and franchises by nonuse;

Chapter 3. Special Proceedings and Actions Page 285 Updated June 21, 2024

(g) a corporation that has committed or omitted acts that amount to a surrender of

its corporate rights, privileges, and franchises, or has exercised a franchise or

privilege not conferred on it by law.

(2) Actions by Prosecutor or Citizen. Other actions for quo warranto may be brought

by the prosecuting attorney of the proper county, without leave of court, or by a citizen

of the county by special leave of the court.

(3) Application to Attorney General.

(a) A person may apply to the Attorney General to have the Attorney General

bring an action specified in subrule (B)(1). The Attorney General may require the

person to give security to indemnify the state against all costs and expenses of the

action. The person making the application, and any other person having the proper

interest, may be joined as parties plaintiff.

(b) If, on proper application and offer of security, the Attorney General refuses to

bring the action, the person may apply to the appropriate court for leave to bring

the action himself or herself.

for usurping an office, the complaint may name the person rightfully entitled to the office,

with an allegation of his or her right to it, and that person may be made a party.

(D) Venue. The general venue statutes and rules apply to actions for quo warranto, unless

a specific statute or rule contains a special venue provision applicable to an action for quo

warranto.

(E) Hearing. The court may hear the matter or may allow the issues to be tried by a jury.

ULE 3.310 INJUNCTIONS

(A) Preliminary Injunctions.

(1) Except as otherwise provided by statute or these rules, an injunction may not be

granted before a hearing on a motion for a preliminary injunction or on an order to

show cause why a preliminary injunction should not be issued.

(2) Before or after the commencement of the hearing on a motion for a preliminary

injunction, the court may order the trial of the action on the merits to be advanced and

consolidated with the hearing on the motion. Even when consolidation is not ordered,

evidence received at the hearing for a preliminary injunction that would be admissible

at the trial on the merits becomes part of the trial record and need not be repeated at the

trial. This provision may not be used to deny the parties any rights they may have to

trial by jury.

(3) A motion for a preliminary injunction must be filed and noticed for hearing in

compliance with the rules governing other motions unless the court orders otherwise

on a showing of good cause.

Chapter 3. Special Proceedings and Actions Page 286 Updated June 21, 2024

(4) At the hearing on an order to show cause why a preliminary injunction should not

issue, the party seeking injunctive relief has the burden of establishing that a

preliminary injunction should be issued, whether or not a temporary restraining order

has been issued.

(5) If a preliminary injunction is granted, the court shall promptly schedule a pretrial

conference. The trial of the action on the merits must be held within 6 months after the

injunction is granted, unless good cause is shown or the parties stipulate to a longer

period. The court shall issue its decision on the merits within 56 days after the trial is

completed.

(B) Temporary Restraining Orders.

(1) A temporary restraining order may be granted without written or oral notice to the

adverse party or the adverse party's attorney only if

(a) it clearly appears from specific facts shown by affidavit or by a verified

complaint that immediate and irreparable injury, loss, or damage will result to the

applicant from the delay required to effect notice or from the risk that notice will

itself precipitate adverse action before an order can be issued;

(b) the applicant's attorney certifies to the court in writing the efforts, if any, that

have been made to give the notice and the reasons supporting the claim that notice

should not be required; and

argument, or other representations made in support of the application.

(2) A temporary restraining order granted without notice must:

(a) be endorsed with the date and time of issuance;

(b) describe the injury and state why it is irreparable and why the order was

granted without notice;

possible time on the motion for a preliminary injunction or order to show cause

why a preliminary injunction should not be issued.

(3) Except in domestic relations actions, a temporary restraining order granted without

notice expires by its terms within such time after entry, not to exceed 14 days, as the

court sets unless within the time so fixed the order, for good cause shown, is extended

for a like period or unless the party against whom the order is directed consents that it

may be extended for a longer period. The reasons for the extension must be stated on

the record or in a document filed in the action.

(4) A temporary restraining order granted without notice must be filed forthwith in the

clerk's office and entered in the court records.

(5) A motion to dissolve a temporary restraining order granted without notice takes

precedence over all matters except older matters of the same character, and may be

heard on 24 hours' notice. For good cause shown, the court may order the motion

heard on shorter notice. The court may set the time for the hearing at the time the

Chapter 3. Special Proceedings and Actions Page 287 Updated June 21, 2024

restraining order is granted, without waiting for the filing of a motion to dissolve it,

and may order that the hearing on a motion to dissolve a restraining order granted

without notice be consolidated with the hearing on a motion for a preliminary

injunction or an order to show cause why a preliminary injunction should not be

issued. At a hearing on a motion to dissolve a restraining order granted without notice,

the burden of justifying continuation of the order is on the applicant for the restraining

order whether or not the hearing has been consolidated with a hearing on a motion for

a preliminary injunction or an order to show cause.

(1) must set forth the reasons for its issuance;

(2) must be specific in terms;

(3) must describe in reasonable detail, and not by reference to the complaint or other

document, the acts restrained; and

(4) is binding only on the parties to the action, their officers, agents, servants,

employees, and attorneys, and on those persons in active concert or participation with

them who receive actual notice of the order by personal service or otherwise.

(D) Security.

(1) Before granting a preliminary injunction or temporary restraining order, the court

may require the applicant to give security, in the amount the court deems proper, for

the payment of costs and damages that may be incurred or suffered by a party who is

found to have been wrongfully enjoined or restrained.

(2) Security is not required of the state or of a Michigan county or municipal

corporation or its officer or agency acting in an official capacity. As to other parties, if

security is not required the order must state the reason.

(3) If the party enjoined deems the security insufficient and has had no prior

opportunity to be heard, the party may object to the sufficiency of the surety in the

manner provided in MCR 3.604(E). The procedures provided in MCR 3.604(F) apply

to the objection.

(4) When a bond is required before the issuance of an injunction or temporary

restraining order, the bond must be filed with the clerk before the sealing and delivery

of the injunction or restraining order.

(E) Stay of Action. An injunction or temporary restraining order may not be granted in one

action to stay proceedings in another action pending in another court if the relief requested

could be sought in the other pending action.

(F) Denial of Application. When an application for a preliminary injunction or temporary

restraining order is denied, but an order is not signed, an endorsement of the denial must

be made on the complaint or affidavit, and the complaint or affidavit filed.

(G) Later Application After Denial of Injunction.

Chapter 3. Special Proceedings and Actions Page 288 Updated June 21, 2024

(1) If a circuit judge has denied an application for an injunction or temporary

restraining order, in whole or in part, or has granted it conditionally or on terms, later

application for the same purpose and in relation to the same matter may not be made to

another circuit judge.

(2) If an order is entered on an application in violation of subrule (G)(1), it is void and

must be revoked by the judge who entered it, on due proof of the facts. A person

making the later application contrary to this rule is subject to punishment for

contempt.

(H) Motion for Injunction in Pending Actions. An injunction may also be granted before

or in connection with final judgment on a motion filed after an action is commenced.

(I) Application to Special Actions. This rule applies to a special statutory action for an

injunction only to the extent that it does not conflict with special procedures prescribed by

the statute or the rules governing the special action.

SUBCHAPTER 3.400 PROCEEDINGS INVOLVING REAL PROPERTY

RULE 3.401 PARTITION

(A) Matters to be Determined by Court. On the hearing of an action or proceeding for

partition, the court shall determine

(1) whether the premises can be partitioned without great prejudice to the parties;

(2) the value of the use of the premises and of improvements made to the premises;

and

(3) other matters the court considers pertinent.

(B) Partition or Sale in Lieu of Partition. If the court determines that the premises can be

partitioned, MCR 3.402 governs further proceedings. If the court determines that the

premises cannot be partitioned without undue prejudice to the owners, it may order the

premises sold in lieu of partition under MCR 3.403.

judgment, mortgage, or otherwise, need not be made a party to the partition proceedings.

However, the plaintiff may join every creditor having a specific lien on the undivided

interest or estate of a party. If the creditors are made parties, the complaint must state the

nature of every lien or encumbrance.

ULE 3.402 PARTITION PROCEDURE

(A) Determination of Parties' Interests. In ordering partition the court shall determine the

rights and interests of the parties in the premises, and describe parts or shares that are to

remain undivided for owners whose interests are unknown or not ascertained.

Chapter 3. Special Proceedings and Actions Page 289 Updated June 21, 2024

(B) Appointment of Partition Commissioner.

(1) The court shall appoint a disinterested person as partition commissioner to make

the partition according to the court's determination of the rights and interests of the

parties. If the parties agree, three commissioners may be appointed who shall meet

together to perform their duties and act by majority vote.

(2) The partition commissioner must be sworn before an officer authorized to

administer oaths to honestly and impartially partition the property as directed by the

court. The oath must be filed with the clerk of the court.

(3) If the partition commissioner dies, resigns, or neglects to serve, the court may

appoint a replacement.

(1) The partition commissioner

(a) may apply to the court for instructions;

(b) must give notice of the meeting to consider the problems of the partition to the

parties so that they may be heard if they wish to be; and

(2) The partition commissioner shall divide the premises and allot the respective

shares according to the terms in the court's judgment or separate order, and shall

designate the several shares and portions by reference to a plat or survey prepared by a

land surveyor or engineer licensed by the state.

(3) The partition commissioner must report to the court, specifying the procedures

followed, describing the land divided and the shares allotted to each party, and listing

the commissioner's charges. The parties shall not be present during the preparation of

the report or during the deliberations of a panel of three commissioners. A copy of the

report must be sent to each party who has appeared in the action.

(D) Setting Aside, Modification, or Confirmation of Partition Commissioner's Report.

(1) The court may modify or set aside the report and may refer the action to either the

same or a newly appointed partition commissioner as often as necessary.

(2) On confirming the report, the court shall enter a judgment binding and conclusive

on:

(a) all parties named in the action who

(i) have an interest in the partitioned premises as owners in fee or tenants for

years,

(ii) are entitled to the reversion, remainder, or inheritance of the premises after

the termination of a particular estate in the premises,

(iii) are or will become entitled to a beneficial interest in the premises, or

Chapter 3. Special Proceedings and Actions Page 290 Updated June 21, 2024

(iv) have an interest in an undivided share of the premises as tenants for years,

for life, or in dower;

(b) the legal representatives of the parties listed in subrule (D)(2)(a);

was commenced and were given sufficient notice either by publication or

personally; and

(d) all other persons claiming from any of the above parties or persons.

(3) The judgment and partition do not affect persons who have claims as tenants in

dower or for life to the entire premises subject to the partition; nor do they preclude a

person, except those specified in subrule (D)(2), from claiming title to the premises in

question or from controverting the title or interest of the parties among whom the

partition was made.

(4) An authenticated copy of the report, the judgment confirming it, and any

incorporated surveys may be recorded with the register of deeds of the county in

which the land is located. Copies of subdivision plats already of record need not be

recorded.

(E) Expenses and Costs. The court may order that the expenses and costs, including

attorney fees, be paid by the parties in accordance with their respective rights and equities

in the premises. An order requiring a party to pay expenses and costs may be enforced in

the same manner as a judgment.

(F) Setting Off of Interests in Special Cases.

(1) The court may by order set off the interest that belonged to a deceased party,

without subdivision, to those claiming under that party when it is expedient to do so.

Those legally entitled under or through the deceased party must be mentioned by name

in the judgment.

(2) If the original parties in interest were fully known, but death, legal proceedings, or

other operation of law has caused uncertainty about the identity of the present parties

in interest, the interests originally owned by known parties but now owned by

unknown persons may be separated as provided in this rule, instead of being left

undivided. The division and judgment operate to convey the title to the persons

claiming under the known party, according to their legal rights.

(3) If an interest in the premises belongs to known or unknown parties who have not

appeared in the action, the court shall order partition of the ascertained interests of the

known parties who have appeared in the action. The residue of the premises remains

for the parties whose interests have not been ascertained, subject to future division.

ULE 3.403 SALE OF PREMISES AND DIVISION OF PROCEEDS AS SUBSTITUTE FOR PARTITION

(A) Order of Sale.

Chapter 3. Special Proceedings and Actions Page 291 Updated June 21, 2024

(1) If a party has a dower interest or life estate in all or a part of the premises at the

time of the order for sale, the court shall determine whether, under all the

circumstances and with regard for the interests of all the parties, that interest should be

excepted from the sale or be sold with the premises. If the court orders that the sale

include that party's interest, the sale conveys that interest.

(2) In the order of sale the court shall designate:

(a) which premises are to be sold;

(b) whether the premises are to be sold in separate parcels or together;

(d) the terms of credit to be allowed and the security to be required; and

(e) how much of the proceeds will be invested, as required by this rule, for the

benefit of unknown owners, infants, parties outside Michigan, and parties who

have dower interests or life estates.

(B) Specific Procedures and Requirements of Sale.

(1) The person appointed by the court to conduct the sale shall give notice of the sale,

including the terms. Notice must be given in the same manner as required by MCL

600.6052.

(2) Neither the person conducting the sale nor anyone acting in his or her behalf may

directly or indirectly purchase or be interested in the purchase of the premises sold.

The conservator of a minor or legally incapacitated individual may not purchase or be

interested in the purchase of lands that are the subject of the proceedings, except for

the benefit of the ward. Sales made contrary to this provision are voidable, except as

provided by MCL 700.5421.

(3) The part of the price for which credit is allowed must be secured at interest by a

mortgage of the premises sold, a note of the purchaser, and other security the court

prescribes.

(a) The person conducting the sale may take separate mortgages and other

securities in the name of the clerk of the court and the clerk's successors for the

shares of the purchase money the court directs to be invested, and in the name of a

known owner, 18 years of age or older, who desires to have his or her share so

invested.

(b) When the sale is confirmed, the person conducting the sale must deliver the

mortgages and other securities to the clerk of the court, or to the known owners

whose shares are invested.

(4) After completing the sale, the person conducting the sale shall file a report with the

court, stating

(a) the name of each purchaser,

(b) a description of the parcels of land sold to each purchaser, and

Chapter 3. Special Proceedings and Actions Page 292 Updated June 21, 2024

A copy of the report must be sent to each party who has appeared in the action.

(5) If the court confirms the sale, it shall enter an order authorizing and directing the

person conducting the sale to execute conveyances pursuant to the sale.

(6) Conveyances executed according to these rules shall be recorded in the county

where the land is located. These conveyances are a bar against

(a) all interested persons who were made parties to the proceedings;

(b) all unknown parties who were ordered to appear and answer by proper

publication or personal service of notice;

(d) all persons who have specific liens on an undivided share or interest in the

premises, if they were made parties to the proceedings.

(7) If the court confirms the sale, and the successful bidder fails to purchase under the

terms of the sale, the court may order that the premises be resold at that bidder's risk.

That bidder is liable to pay the amount of his or her bid minus the amount received on

resale.

costs and expenses of the proceeding, including the plaintiff's reasonable attorney fees as

determined by the court, from the proceeds of the sale and pay them to the plaintiff or the

plaintiff's attorney.

(D) Distribution of Proceeds of Sale.

(1) When premises that include a dower interest or life estate are sold, the owner of the

dower interest or life estate shall be compensated as provided in this subrule.

(a) Unless the owner consents to the alternative compensation provided in subrule

(D)(1)(b), the court shall order that the following amount be invested in interest-

bearing accounts insured by an agency of the United States government, with the

interest paid annually for life to the owner of the dower interest or life estate:

(i) in the case of a dower interest, one-third of the proceeds of the sale of the

premises or of the undivided share of the premises on which the claim of

dower existed, after deduction of the owner's share of the expenses of the

proceeding;

(ii) in the case of a life estate, the entire proceeds of the sale of the premises, or

undivided share of the premises in which the life estate existed, after deduction

of the proportion of the owner's share of the expenses of the proceeding.

If the owner of the dower interest or life estate is unknown, the court shall

order the protection of the person's rights in the same manner, as far as

possible, as if he or she were known and had appeared.

(b) If, before the person conducting the sale files the report of sale, the owner of

the dower interest or life estate consents, the court shall direct that the owner be

Chapter 3. Special Proceedings and Actions Page 293 Updated June 21, 2024

paid an amount that, on the principles of law applicable to annuities, is reasonable

compensation for the interest or estate. To be effective the consent must be by a

written instrument witnessed and acknowledged in the manner required to make a

deed eligible for recording.

(2) If there are encumbrances on the estate or interest in the premises of a party to the

proceeding, the person conducting the sale must pay to the clerk the portion of the

proceeds attributable to the sale of that estate or interest, after deducting the share of

the costs, charges, and expenses for which it is liable. The party who owned that estate

or interest may apply to the court for payment of his or her claim out of these proceeds.

The application must be accompanied by

(a) an affidavit stating the amount due on each encumbrance and the name and

address of the owner of each encumbrance, as far as known; and

(b) proof by affidavit that notice was served on each owner of an encumbrance, in

the manner prescribed in MCR 2.107.

The court shall hear the proofs, determine the rights of the parties, and direct who must

pay the costs of the trial.

After ascertaining the amount of existing encumbrances, the court shall order the

distribution of the money held by the clerk among the creditors having encumbrances,

according to their priority. When paying an encumbrance the clerk must procure

satisfaction of the encumbrance, acknowledged in the form required by law, and must

record the satisfaction of the encumbrance. The clerk may pay the expenses of these

services out of the portion of the money in court that belongs to the party by whom the

encumbrance was payable.

The proceedings under this subrule to ascertain and settle the amounts of

encumbrances do not affect other parties to the proceedings for partition and do not

delay the payment to a party whose estate in the premises is not subject to an

encumbrance or the investing of the money for the benefit of such a person.

(3) The proceeds of a sale, after deducting the costs, must be divided among the parties

whose rights and interests have been sold, in proportion to their respective rights in the

premises.

(a) The shares of the parties who are 18 years of age or older must be paid to them

or to their legal representatives (or brought into court for their use) by the person

conducting the sale.

(b) The court may direct that the share of a minor or a legally incapacitated

individual be paid to his or her conservator or be invested in interest-bearing

accounts insured by an agency of the United States government in the name and

for the benefit of the minor or legally incapacitated individual.

representative in the state or is not known or named in the proceedings, the court

shall direct that his or her share be invested in interest-bearing accounts insured by

the United States government for the party's benefit until claimed.

Chapter 3. Special Proceedings and Actions Page 294 Updated June 21, 2024

(4) The court may require that before receiving a share of the proceeds of a sale a party

give a note to secure refund of the share, with interest, if the party is later found not

entitled to it.

(5) When the court directs that security be given or investments be made, or the person

conducting the sale takes security on the sale of real estate, the bonds, notes, and

investments must be taken in the name of the clerk of the court and the clerk's

successors in office, unless provision is made to take them in the name of a known

owner.

The clerk must hold them and deliver them to his or her successor, and must receive

the interest and principal as they become due and apply or reinvest them, as the court

directs. The clerk shall annually give to the court a written, sworn account of the

money received and the disposition of it.

A security, bond, note, mortgage, or other evidence of the investment may not be

discharged, transferred, or impaired by an act of the clerk without the order of the

court. A person interested in an investment, with the leave of the court, may prosecute

it in the name of the existing clerk, and an action is not abated by the death, removal

from office, or resignation of the clerk to whom the instruments were executed or the

clerk's successors.

ULE 3.410 FORECLOSURE OF MORTGAGES AND LAND CONTRACTS

(A) Rules Applicable. Except as prescribed in this rule, the general rules of procedure

apply to actions to foreclose mortgages and land contracts.

(B) Pleading.

(1) A plaintiff seeking foreclosure or satisfaction of a mortgage on real estate or a land

contract must state in the complaint whether an action has ever been brought to

recover all or part of the debt secured by the mortgage or land contract and whether

part of the debt has been collected or paid.

(2) In a complaint for foreclosure or satisfaction of a mortgage or a land contract, it is

not necessary to set out in detail the rights and interests of the defendants who are

purchasers of, or who have liens on, the premises, subsequent to the recording of the

mortgage or land contract. It is sufficient for the plaintiff, after setting out his or her

own interest in the premises, to state generally that the defendants have or claim some

interest in the premises as subsequent purchasers, encumbrancers, or otherwise.

42 days' notice. Publication may not begin until the time set by the judgment for payment

has expired, and

(1) until 6 months after an action to foreclose a mortgage is begun;

(2) until 3 months after an action to foreclose a land contract is begun.

Chapter 3. Special Proceedings and Actions Page 295 Updated June 21, 2024

(D) Disposition of Surplus. When there is money remaining from a foreclosure sale after

paying the amount due the plaintiff, a party to the action may move for the disposition of

the surplus in accordance with the rights of the parties entitled to it.

(E) Administration of Mortgage Trusts in Equity.

(1) Proceedings of the kind described in MCL 600.3170 are governed by the

procedures prescribed by MCL 451.401-451.405, except as modified by this subrule.

(2) A bond, other obligation, or beneficial interest held by or for the benefit of the

mortgagor or the mortgagor's successor in estate, or subject to an agreement or option

by which the mortgagor or the mortgagor's successor in estate may acquire it or an

interest in it, may not be considered in determining a majority of such obligations or

beneficial interests, either as part of the majority or as part of the whole number of

which the majority is required.

ULE 3.411 CIVIL ACTION TO DETERMINE INTERESTS IN LAND

(A) This rule applies to actions to determine interests in land under MCL 600.2932. It

does not apply to summary proceedings to recover possession of premises under MCL

600.5701-600.5759.

(B) Complaint.

(1) The complaint must describe the land in question with reasonable certainty by

stating

(a) the section, township, and range of the premises;

(b) the number of the block and lot of the premises; or

be identified.

(2) The complaint must allege

(a) the interest the plaintiff claims in the premises;

(b) the interest the defendant claims in the premises; and

(1) Written evidence of title may not be introduced at trial unless it has been

sufficiently referred to in the pleadings in accordance with this rule.

(2) The plaintiff must attach to the complaint, and the defendant must attach to the

answer, a statement of the title on which the pleader relies, showing from whom the

title was obtained and the page and book where it appears of record.

Chapter 3. Special Proceedings and Actions Page 296 Updated June 21, 2024

(3) Within a reasonable time after demand for it, a party must furnish to the adverse

party a copy of an unrecorded conveyance on which he or she relies or give a

satisfactory reason for not doing so.

(4) References to title may be amended or made more specific in accordance with the

general rules regarding amendments and motions for more definite statement.

(D) Findings As to Rights in and Title to Premises.

(1) After evidence has been taken, the court shall make findings determining the

disputed rights in and title to the premises.

(2) If a party not in possession of the premises is found to have had a right to

possession at the time the action was commenced, but that right expired before the

trial, that party must prove the damages sustained because the premises were

wrongfully withheld, and the court shall enter judgment in the amount proved.

(E) Claim for Reasonable Value of Use of Premises.

(1) Within 28 days after the finding of title, the party found to have title to the

premises may file a claim against the party who withheld possession of the premises

for the reasonable value of the use of the premises during the period the premises were

withheld, beginning 6 years before the action was commenced.

(2) The court shall hear evidence and make findings, determining the value of the use

of the premises.

(a) The findings must be based on the value of the use of the premises in their

condition at the time the withholding party, or those through whom that party

claims, first went into possession. The use of the buildings or improvements put on

the land by the party who withheld possession may not be considered.

(b) The findings must be based on the general value of the use of the premises, not

on a peculiar value the use of the premises had to the party who withheld

possession or might have had to the party who had title.

(F) Claim for Value of Buildings Erected and Improvements Made on Premises.

(1) Within 28 days after the finding of title, a party may file a claim against the party

found to have title to the premises for the amount that the present value of the premises

has been increased by the erection of buildings or the making of improvements by the

party making the claim or those through whom he or she claims.

(2) The court shall hear evidence as to the value of the buildings erected and the

improvements made on the premises, and the value the premises would have if they

had not been improved or built upon. The court shall determine the amount the

premises would be worth at the time of the claim had the premises not been improved,

and the amount the value of the premises was increased at the time of the claim by the

buildings erected and improvements made.

(3) The party claiming the value of the improvements may not recover their value if

they were made in bad faith.

Chapter 3. Special Proceedings and Actions Page 297 Updated June 21, 2024

(G) Election by Party in Title.

(1) The person found to have title to the premises may elect to abandon them to the

party claiming the value of the improvements and to take a judgment against that party

for the value the premises would have had at the time of the trial if they had not been

improved. The election must be filed with the court within 28 days after the findings

on the claim for improvements. The judgment for the value of the premises is a lien

against the premises.

(2) If the person found to have title does not elect to abandon the premises under

subrule (G)(1), the judgment will provide that he or she recover the premises and pay

the value of the improvements to the clerk of the court within the time set in the

judgment.

(a) The person found to have title must pay the amount, plus accrued interest,

before taking possession of the premises under the judgment, if that person is not

already in possession.

(b) If the person found to have title fails to pay the amount of the judgment and the

accrued interest within the time set in the judgment, he or she is deemed to have

abandoned all claim of title to the premises to the parties in whose favor the

judgment for the value of the improvements runs.

(H) Judgment Binding Only on Parties to Action. Except for title acquired by adverse

possession, the judgment determining a claim to title, equitable title, right to possession,

or other interests in lands under this rule, determines only the rights and interests of the

known and unknown persons who are parties to the action, and of persons claiming

through those parties by title accruing after the commencement of the action.

(I) Possession Under Judgment Not to be Affected by Vacation of Judgment Alone. When

the judgment in an action under these rules determines that a party is entitled to possession

of the premises in dispute, that party's right to possession is not affected by vacation of the

judgment and the granting of a new trial, until a contrary judgment is rendered as a result

of the new trial.

ULE 3.412 CONSTRUCTION LIENS

In an action to enforce a lien under MCL 570.1101 et seq., or other similar law, if the

plaintiff has joined others holding liens or others have filed notice of intention to claim liens

against the same property, it is not necessary for the plaintiff to answer the counterclaim or cross-

claim of another lien claimant, nor for the other lien claimants to answer the plaintiff's complaint

or the cross-claim of another lien claimant, unless one of them disputes the validity or amount of

the lien sought to be enforced. If no issue has been raised between lien claimants as to the validity

or amount of a lien, the action is ready for hearing when at issue between the lien claimants and

the owners, part owners, or lessees of the property.

Chapter 3. Special Proceedings and Actions Page 298 Updated June 21, 2024

SUBCHAPTER 3.500 REPRESENTATIVE ACTIONS

RULE 3.501 CLASS ACTIONS

(A) Nature of Class Action.

(1) One or more members of a class may sue or be sued as representative parties on

behalf of all members in a class action only if:

(a) the class is so numerous that joinder of all members is impracticable;

(b) there are questions of law or fact common to the members of the class that

predominate over questions affecting only individual members;

defenses of the class;

(d) the representative parties will fairly and adequately assert and protect the

interests of the class; and

(e) the maintenance of the action as a class action will be superior to other

available methods of adjudication in promoting the convenient administration of

justice.

(2) In determining whether the maintenance of the action as a class action will be

superior to other available methods of adjudication in promoting the convenient

administration of justice, the court shall consider among other matters the following

factors:

(a) whether the prosecution of separate actions by or against individual members

of the class would create a risk of

(i) inconsistent or varying adjudications with respect to individual members of

the class that would confront the party opposing the class with incompatible

standards of conduct; or

(ii) adjudications with respect to individual members of the class that would as

a practical matter be dispositive of the interests of other members not parties to

the adjudications or substantially impair or impede their ability to protect their

interests;

(b) whether final equitable or declaratory relief might be appropriate with respect

to the class;

(d) whether in view of the complexity of the issues or the expense of litigation the

separate claims of individual class members are insufficient in amount to support

separate actions;

(e) whether it is probable that the amount which may be recovered by individual

class members will be large enough in relation to the expense and effort of

administering the action to justify a class action; and

Chapter 3. Special Proceedings and Actions Page 299 Updated June 21, 2024

(f) whether members of the class have a significant interest in controlling the

prosecution or defense of separate actions.

(3) Class members shall have the right to be excluded from the action in the manner

provided in this rule, subject to the authority of the court to order them made parties to

the action pursuant to other applicable court rules.

(4) Class members have the right to intervene in the action, subject to the authority of

the court to regulate the orderly course of the action.

(5) An action for a penalty or minimum amount of recovery without regard to actual

damages imposed or authorized by statute may not be maintained as a class action

unless the statute specifically authorizes its recovery in a class action.

(B) Procedure for Certification of Class Action.

(1) Motion.

(a) Within 91 days after the filing of a complaint that includes class action

allegations, the plaintiff must move for certification that the action may be

maintained as a class action.

(b) The time for filing the motion may be extended by order on stipulation of the

parties or on motion for cause shown.

(2) Effect of Failure to File Motion. If the plaintiff fails to file a certification motion

within the time allowed by subrule (B)(1), the defendant may file a notice of the

failure. On the filing of such a notice, the class action allegations are deemed stricken,

and the action continues by or against the named parties alone. The class action

allegations may be reinstated only if the plaintiff shows that the failure was due to

excusable neglect.

(3) Action by Court.

(a) Except on motion for good cause, the court shall not proceed with

consideration of the motion to certify until service of the summons and complaint

on all named defendants or until the expiration of any unserved summons under

MCR 2.102(D).

(b) The court may allow the action to be maintained as a class action, may deny the

motion, or may order that a ruling be postponed pending discovery or other

preliminary procedures.

class.

(d) When appropriate the court may order that

(i) the action be maintained as a class action limited to particular issues or

forms of relief, or

(ii) a proposed class be divided into separate classes with each treated as a

class for purposes of certifying, denying certification, or revoking a

certification.

Chapter 3. Special Proceedings and Actions Page 300 Updated June 21, 2024

(e) If certification is denied or revoked, the action shall continue by or against the

named parties alone.

(1) Notice Requirement. Notice shall be given as provided in this subrule to persons

who are included in a class action by certification or amendment of a prior

certification, and to persons who were included in a class action by a prior certification

but who are to be excluded from the class by amendment or revocation of the

certification.

(2) Proposals Regarding Notice. The plaintiff shall include in the motion for

certification a proposal regarding notice covering the matters that must be determined

by the court under subrule (C)(3). In lieu of such a proposal, the plaintiff may state

reasons why a determination of these matters cannot then be made and offer a proposal

as to when such a determination should be made. Such a proposal must also be

included in a motion to revoke or amend certification.

(3) Action by Court. As soon as practicable, the court shall determine how, when, by

whom, and to whom the notice shall be given; the content of the notice; and to whom

the response to the notice is to be sent. The court may postpone the notice

determination until after the parties have had an opportunity for discovery, which the

court may limit to matters relevant to the notice determination.

(4) Manner of Giving Notice.

(a) Reasonable notice of the action shall be given to the class in such manner as the

court directs.

(b) The court may require individual written notice to all members who can be

identified with reasonable effort. In lieu of or in addition to individual notice, the

court may require notice to be given through another method reasonably calculated

to reach the members of the class. Such methods may include using publication in

a newspaper or magazine; broadcasting on television or radio; posting; or

distribution through a trade or professional association, union, or public interest

group.

factors,

(i) the extent and nature of the class,

(ii) the relief requested,

(iii) the cost of notifying the members,

(iv) the resources of the plaintiff, and

(v) the possible prejudice to be suffered by members of the class or by others if

notice is not received.

(5) Content of Notice. The notice shall include:

Chapter 3. Special Proceedings and Actions Page 301 Updated June 21, 2024

(a) a general description of the action, including the relief sought, and the names

and addresses of the representative parties;

(b) a statement of the right of a member of the class to be excluded from the action

by submitting an election to be excluded, including the manner and time for

exercising the election;

(d) a general description of any counterclaim or notice of intent to assert a

counterclaim by or against members of the class, including the relief sought;

(e) a statement that the judgment, whether favorable or not, will bind all members

of the class who are not excluded from the action;

(f) a statement that any member of the class may intervene in the action;

(g) the address of counsel to whom inquiries may be directed; and

(h) other information the court deems appropriate.

(6) Cost of Notice.

(a) The plaintiff shall bear the expense of the notification required by subrule

(C)(1). The court may require the defendant to cooperate in the notice process, but

any additional costs incurred by the defendant in doing so shall be paid by the

plaintiff.

(b) Upon termination of the action, the court may allow as taxable costs the

expenses of notification incurred by the prevailing party.

different allocation of the cost of notice in a particular class of actions.

(7) Additional Notices. In addition to the notice required by subrule (C)(1), during the

course of the action the court may require that notice of any other matter be given in

such manner as the court directs to some or all of the members of the class.

(D) Judgment.

(1) The judgment shall describe the parties bound.

(2) A judgment entered before certification of a class binds only the named parties.

(3) A motion for judgment (including partial judgment) under MCR 2.116 may be

filed and decided before the decision on the question of class certification. A judgment

entered before certification in favor of a named party does not preclude that party from

representing the class in the action if that is otherwise appropriate.

(4) A complaint that does not include class action allegations may not be amended to

include such allegations after the granting of judgment or partial judgment under MCR

2.116.

(5) A judgment entered in an action certified as a class action binds all members of the

class who have not submitted an election to be excluded, except as otherwise directed

by the court.

Chapter 3. Special Proceedings and Actions Page 302 Updated June 21, 2024

(6) Residual Funds.

(a) “Residual Funds” are funds that remain after the payment of approved class

member claims, expenses, litigation costs, attorney’s fees, and other court-

approved disbursements made to implement the relief granted in the judgment

approving a proposed settlement of a class action.

(b) Nothing in this rule is intended to limit the parties to a class action from

proposing a settlement, or the court from entering a judgment approving a

settlement, that does not create Residual Funds.

this rule that may result in the existence of Residual Funds shall provide for the

disbursement of any such Residual Funds upon the stipulation of the parties and

subject to the approval of the court. In matters where the claims process has been

exhausted and Residual Funds remain, unless the judgment provides otherwise, the

Residual Funds shall be disbursed to the Michigan State Bar Foundation to support

activities and programs that promote access to the civil justice system for low

income residents of Michigan.

(E) Dismissal or Compromise. An action certified as a class action may not be dismissed

or compromised without the approval of the court, and notice of the proposed dismissal or

compromise shall be given to the class in such manner as the court directs.

(F) Statute of Limitations.

(1) The statute of limitations is tolled as to all persons within the class described in the

complaint on the commencement of an action asserting a class action.

(2) The statute of limitations resumes running against class members other than

representative parties and intervenors:

(a) on the filing of a notice of the plaintiff's failure to move for class certification

under subrule (B)(2);

(b) 28 days after notice has been made under subrule (C)(1) of the entry,

amendment, or revocation of an order of certification eliminating the person from

the class;

(d) on submission of an election to be excluded;

(e) on final disposition of the action.

(3) If the circumstance that brought about the resumption of the running of the statute

is superseded by a further order of the trial court, by reversal on appeal, or otherwise,

the statute of limitations shall be deemed to have been tolled continuously from the

commencement of the action.

(G) Discovery. Representative parties and intervenors are subject to discovery in the same

manner as parties in other civil actions. Other class members are subject to discovery in

Chapter 3. Special Proceedings and Actions Page 303 Updated June 21, 2024

the same manner as persons who are not parties, and may be required to submit to

discovery procedures applicable to parties to the extent ordered by the court.

(H) Counterclaims.

(1) Right to File Counterclaims. A party to a class action may file counterclaims as in

any other action, including counterclaims by or against a class or an individual class

member.

(2) Notice of Intent to File Counterclaims. The defendant may file notice of intent to

assert counterclaims against absent class members before notice of certification is

given under subrule (C)(1), identifying or describing the persons against whom

counterclaims may be filed and describing the nature of the counterclaims.

(3) Time to File. A counterclaim against a class member other than a representative

party must be filed and served within 56 days after the class member intervenes or

submits a claim for distribution of a share of any award recovered in the action,

whichever is earlier, or within such further time as the court allows.

(4) Notice to Class Members. If the notice of certification given under subrule (C)(1)

did not notify potential class members of the counterclaim, each class member against

whom a counterclaim is asserted shall be permitted to elect to be excluded from the

action. Notice of this right shall be served with the counterclaim.

(5) Control of Action. The court shall take such steps as are necessary to prevent the

pendency of counterclaims from making the action unmanageable as a class action.

Such steps include but are not limited to severing counterclaims for separate trial

under MCR 2.505(B) or ordering that consideration of the counterclaims be deferred

until after determination of the issue of the defendant's liability, at which time the

court may hear the counterclaims, remove them to a lower court, change venue,

dismiss them without prejudice, or take other appropriate action.

(I) Defendant Classes.

(1) An action that seeks to recover money from individual members of a defendant

class may not be maintained as a class action.

(2) A representative of a defendant class, other than a public body or a public officer,

may decline to defend the action in a representative capacity unless the court finds that

the convenient administration of justice otherwise requires.

ULE 3.502 SECONDARY ACTION BY SHAREHOLDERS

(A) Pleading. In an action brought by one or more shareholders in an incorporated or

unincorporated association because the association has refused or failed to enforce rights

which may properly be asserted by it, the complaint shall set forth under oath and with

particularity the efforts of the plaintiff to secure from the managing directors or trustees

the action the plaintiff desires and the reasons for the failure to obtain such action, or the

reasons for not making such an effort.

Chapter 3. Special Proceedings and Actions Page 304 Updated June 21, 2024

(B) Security. At any stage of an action under this subrule the court may require such

security and impose such terms as shall fairly and adequately protect the interests of the

class or association in whose behalf the action is brought or defended.

directs,

(1) of the right of absent persons to appear and present claims and defenses;

(2) of the pendency of the action;

(3) of a proposed settlement;

(4) of entry of judgment; or

(5) of any other proceedings in the action.

(D) Inadequate Representation. Whenever the representation appears to the court

inadequate to protect the interests of absent persons who may be bound by the judgment,

the court may at any time prior to judgment order an amendment of the pleadings to

eliminate references to representation of absent persons, and the court shall enter

judgment in such form as to affect only the parties to the action and those adequately

represented.

ULE 3.503 ACTION BY FIDUCIARY

(A) Court Order. When a proceeding is instituted by a fiduciary seeking instruction or

authorization with respect to fiduciary duties or the trust property, and it appears that it is

impracticable to bring all of the beneficiaries before the court, the court shall enter an

order:

(1) setting forth the form of and manner for giving notice of the proceedings to the

beneficiaries, and

(2) selecting representatives of the beneficiaries to act as representatives of the class.

(B) Notice. The contents of the notice shall fairly state the purpose of the proceedings and

shall specify the time and place of hearing. Where an applicable statute provides for

notice, the court may dispense with other notice.

SUBCHAPTER 3.600 MISCELLANEOUS PROCEEDINGS

RULE 3.601 PUBLIC NUISANCES

(A) Procedure to Abate Public Nuisance. Actions to abate public nuisances are governed

by the general rules of procedure and evidence applicable to nonjury actions, except as

provided by the statutes covering public nuisances and by this rule.

Chapter 3. Special Proceedings and Actions Page 305 Updated June 21, 2024

(B) Default; Hearing; Notice and Time. If a defendant fails to answer within the time

provided, his or her default may be taken. On answer of a defendant or entry of a

defendant's default, a party other than a defendant in default may notice the action for

hearing on 7 days' notice. Hearings in actions under this rule take precedence over actions

that are not entitled to priority by statute or rule and may be held at the time they are

noticed without further pretrial proceedings.

heard on the day of the hearing of the action.

(D) Entry of Order or Judgment; Preliminary Injunction.

(1) On the day noticed for hearing, the court shall hear and determine the disputed

issues and enter a proper order and judgment.

(2) If the hearing is adjourned at the defendant's request, and the court is satisfied by

affidavit or otherwise that the allegations in the complaint are true and that the plaintiff

is entitled to relief, an injunction as requested may be granted, to be binding until

further order.

(3) If service is not obtained on all of the defendants named in the complaint, the court

has jurisdiction to hear the action and enter a proper order of abatement and judgment

against those defendants who have been served. The order and judgment may not

adversely affect the interests of the defendants who have not been served.

(E) Temporary Restraining Order. If a preliminary injunction is requested in the complaint

and the court is satisfied by affidavit or otherwise that the material allegations are true, and

that the plaintiff is entitled to relief, it may issue a temporary restraining order in

accordance with MCR 3.310(B), restraining the defendant from conducting, maintaining,

and permitting the continuance of the nuisance and from removing or permitting the

removal of the liquor, furniture, fixtures, vehicles, or other things used in the maintenance

of the nuisance, until the final hearing and determination on the complaint or further order.

(F) Substitution for Complaining Party. The court may substitute the Attorney General or

prosecuting attorney for the complaining party and direct the substituted officer to

prosecute the action to judgment.

(G) Further Orders of Court. The court may enter other orders consistent with equity and

not inconsistent with the provisions of the statute and this rule.

ULE 3.602 ARBITRATION

(A) Applicability of Rule. Courts shall have all powers described in MCL 691.1681 et

seq., or reasonably related thereto, for arbitrations governed by that statute. The remainder

of this rule applies to all other forms of arbitration, in the absence of contradictory

provisions in the arbitration agreement or limitations imposed by statute, including MCL

691.1683(2).

Chapter 3. Special Proceedings and Actions Page 306 Updated June 21, 2024

(B) Proceedings Regarding Arbitration.

(1) A request for an order to compel or to stay arbitration or for another order under

this rule must be by motion, which shall be heard in the manner and on the notice

provided by these rules for motions. If there is not a pending action between the

parties, the party seeking the requested relief must first file a complaint as in other

civil actions.

(2) On motion of a party showing an agreement to arbitrate and the opposing party's

refusal to arbitrate, the court may order the parties to proceed with arbitration and to

take other steps necessary to carry out the arbitration agreement. If the opposing party

denies the existence of an agreement to arbitrate, the court shall summarily determine

the issues and may order arbitration or deny the motion.

(3) On motion, the court may stay an arbitration proceeding commenced or threatened

on a showing that there is no agreement to arbitrate. If there is a substantial and good-

faith dispute, the court shall summarily try the issue and may enter a stay or direct the

parties to proceed to arbitration.

(4) A motion to compel arbitration may not be denied on the ground that the claim

sought to be arbitrated lacks merit or is not filed in good faith, or because fault or

grounds for the claim have not been shown.

action or proceeding involving an issue subject to arbitration must be stayed if an order for

arbitration or motion for such an order has been made under this rule. If the issue subject

to arbitration is severable, the stay may be limited to that issue. If a motion for an order

compelling arbitration is made in the action or proceeding in which the issue is raised, an

order for arbitration must include a stay.

(D) Hearing; Time; Place; Adjournment.

(1) The arbitrator shall set the time and place for the hearing, and may adjourn it as

necessary.

(2) On a party's request for good cause, the arbitrator may postpone the hearing to a

time not later than the day set for rendering the award.

(E) Oath of Arbitrator and Witnesses.

(1) Before hearing testimony, the arbitrator must be sworn to hear and fairly consider

the matters submitted and to make a just award according to his or her best

understanding.

(2) The arbitrator has the power to administer oaths to the witnesses.

(F) Discovery and Subpoenas.

(1) The court may enforce a subpoena or discovery-related order for the attendance of

a witness in this state and for the production of records and other evidence issued by

an arbitrator in connection with an arbitration proceeding in another state on

Chapter 3. Special Proceedings and Actions Page 307 Updated June 21, 2024

conditions determined by the court so as to make the arbitration proceeding fair,

expeditious, and cost effective.

(2) A subpoena or discovery-related order issued by an arbitrator in another state shall

be served in the manner provided by law for service of subpoenas in a civil action in

this state and, on motion to the court by a party to the arbitration proceeding or the

arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a

civil action in this state.

(3) On a party's request, the arbitrator may permit the taking of a deposition, for use as

evidence, of a witness who cannot be subpoenaed or is unable to attend the hearing.

The arbitrator may designate the manner of and the terms for taking the deposition.

(G) Representation by Attorney. A party has the right to be represented by an attorney at a

proceeding or hearing under this rule. A waiver of the right before the proceeding or

hearing is ineffective.

(H) Award by Majority; Absence of Arbitrator. If the arbitration is by a panel of

arbitrators, the hearing shall be conducted by all of them, but a majority may decide any

question and render a final award unless the concurrence of all of the arbitrators is

expressly required by the agreement to submit to arbitration. If, during the course of the

hearing, an arbitrator ceases to act for any reason, the remaining arbitrator or arbitrators

may continue with the hearing and determine the controversy.

(I) Award; Confirmation by Court. A party may move for confirmation of an arbitration

award within one year after the award was rendered. The court may confirm the award,

unless it is vacated, corrected, or modified, or a decision is postponed, as provided in this

rule.

(J) Vacating Award.

(1) A request for an order to vacate an arbitration award under this rule must be made

by motion. If there is not a pending action between the parties, the party seeking the

requested relief must first file a complaint as in other civil actions. A complaint or

motion to vacate an arbitration award must be filed no later than 21 days after the date

of the arbitration award.

(2) On motion of a party, the court shall vacate an award if:

(a) the award was procured by corruption, fraud, or other undue means;

(b) there was evident partiality by an arbitrator appointed as a neutral, corruption

of an arbitrator, or misconduct prejudicing a party’s rights;

(d) the arbitrator refused to postpone the hearing on a showing of sufficient cause,

refused to hear evidence material to the controversy, or otherwise conducted the

hearing to prejudice substantially a party’s rights.

Chapter 3. Special Proceedings and Actions Page 308 Updated June 21, 2024

The fact that the relief could not or would not be granted by a court of law or equity is

not ground for vacating or refusing to confirm the award.

(3) A motion to vacate an award must be filed within 91 days after the date of the

award. However, if the motion is predicated on corruption, fraud, or other undue

means, it must be filed within 21 days after the grounds are known or should have

been known. A motion to vacate an award in a domestic relations case must be filed

within 21 days after the date of the award.

(4) In vacating the award, the court may order a rehearing before a new arbitrator

chosen as provided in the agreement, or, if there is no such provision, by the court. If

the award is vacated on grounds stated in subrule (J)(2)(c) or (d), the court may order a

rehearing before the arbitrator who made the award. The time within which the

agreement requires the award to be made is applicable to the rehearing and

commences from the date of the order.

(5) If the motion to vacate is denied and there is no motion to modify or correct the

award pending, the court shall confirm the award.

(K) Modification or Correction of Award.

(1)A request for an order to modify or correct an arbitration award under this rule must

be made by motion. If there is not a pending action between the parties, the party

seeking the requested relief must first file a complaint as in other civil actions. A

complaint to correct or modify an arbitration award must be filed no later than 21 days

after the date of the arbitration award.

(2) On motion made within 91 days after the date of the award, the court shall modify

or correct the award if:

(a) there is an evident miscalculation of figures or an evident mistake in the

description of a person, a thing, or property referred to in the award;

(b) the arbitrator has awarded on a matter not submitted to the arbitrator, and the

award may be corrected without affecting the merits of the decision on the issues

submitted; or

controversy.

(3) If the motion is granted, the court shall modify and correct the award to effect its

intent and shall confirm the award as modified and corrected. Otherwise, the court

shall confirm the award as made.

(4) A motion to modify or correct an award may be joined in the alternative with a

motion to vacate the award.

(L) Judgment. The court shall render judgment giving effect to the award as corrected,

confirmed, or modified. The judgment has the same force and effect, and may be enforced

in the same manner, as other judgments.

Chapter 3. Special Proceedings and Actions Page 309 Updated June 21, 2024

(M) Costs. The costs of the proceedings may be taxed as in civil actions, and, if provision

for the fees and expenses of the arbitrator has not been made in the award, the court may

allow compensation for the arbitrator’s services as it deems just. The arbitrator’s

compensation is a taxable cost in the action.

(N) Appeals. Appeals may be taken as from orders or judgments in other civil actions.

ULE 3.603 INTERPLEADER

(A) Availability.

(1) Persons having claims against the plaintiff may be joined as defendants and

required to interplead when their claims are such that the plaintiff is or may be

exposed to double or multiple liability. It is not a ground for objection to the joinder

that the claims of the several claimants or the titles on which their claims depend do

not have a common origin or are not identical, but are adverse to and independent of

one another, or that the plaintiff denies liability to any or all of the claimants in whole

or in part.

(2) A defendant exposed to liability as described in subrule (A)(1), may obtain

interpleader by counterclaim or cross-claim. A claimant not already before the court

may be joined as defendant, as provided in MCR 2.207 or MCR 2.209.

(3) If one or more actions concerning the subject matter of the interpleader action have

already been filed, the interpleader action must be filed in the court where the first

action was filed.

(B) Procedure.

(1) The court may order the property or the amount of money as to which the plaintiff

admits liability to be deposited with the court or otherwise preserved, or to be secured

by a bond in an amount sufficient to assure payment of the liability admitted.

(2) The court may thereafter enjoin the parties before it from commencing or

prosecuting another action regarding the subject matter of the interpleader action.

(3) On hearing, the court may order the plaintiff discharged from liability as to

property deposited or secured before determining the rights of the claimants.

limit the joinder of parties permitted by MCR 2.206.

(D) Disposition of Earlier Action. If another action concerning the subject matter of the

interpleader action has previously been filed, the court in which the earlier action was filed

may:

(1) transfer the action, entirely or in part, to the court in which the interpleader action

is pending,

(2) hold the action entirely or partially in abeyance, pending resolution of the

interpleader action,

Chapter 3. Special Proceedings and Actions Page 310 Updated June 21, 2024

(3) dismiss the action, entirely or in part, or

(4) upon a showing of good cause, proceed with the action, explaining on the record

the basis of the decision to proceed.

(E) Actual Costs. The court may award actual costs to an interpleader plaintiff. For the

purposes of this rule, actual costs are those costs taxable in any civil action, and a

reasonable attorney fee as determined by the trial court.

(1) The court may order that the plaintiff's actual costs of filing the interpleader

request, tendering the disputed property to the court, and participating in the case as a

disinterested stakeholder be paid from the disputed property or by another party.

(2) If the plaintiff incurs actual costs other than those described in subrule (1) due to

another party's unreasonable litigation posture, the court may order that the other party

pay those additional actual costs.

(3) An award made pursuant to this rule may not include reimbursement for the actual

costs of asserting the plaintiff's own claim to the disputed property, or of supporting or

opposing another party's claim.

ULE 3.604 BONDS

(A) Scope of Rule. This rule applies to bonds given under the Michigan Court Rules and

the Revised Judicature Act, unless a rule or statute clearly indicates that a different

procedure is to be followed.

(B) Submission to Jurisdiction of Court by Surety. A surety on a bond or undertaking

given under the Michigan Court Rules or the Revised Judicature Act submits to the

jurisdiction of the court and consents that further proceedings affecting the surety's

liability on the bond or undertaking may be conducted under this rule.

during the pendency of an action, in addition to the parties substituted under MCR 2.202,

each surety on a bond given by the deceased party shall be made a party to the action, on

notice to the surety in the manner prescribed in MCR 2.107.

(D) Affidavit of Surety; Notice of Bond.

(1) A surety on a bond, except for a surety company authorized to do business in

Michigan, must execute an affidavit that he or she has pecuniary responsibility and

attach the affidavit to the bond.

(2) In alleging pecuniary responsibility, a surety must affirm that he or she owns assets

not exempt from execution having a fair market value exceeding his or her liabilities

by at least twice the amount of the bond.

(3) A copy of a bond and the accompanying affidavit must be promptly served on the

party for whose benefit it is given in the manner prescribed in MCR 2.107. Proof of

service must be filed promptly with the court in which the bond has been filed.

Chapter 3. Special Proceedings and Actions Page 311 Updated June 21, 2024

(4) In an action alleging medical malpractice filed on or after October 1, 1986, notice

of the filing of security for costs or the affidavit in lieu of such security, required by

MCL 600.2912d, 600.2912e, shall be given as provided in MCR 2.109(B).

(E) Objections to Surety. A party for whose benefit a bond is given may, within 7 days

after receipt of a copy of the bond, serve on the officer taking the bond and the party

giving the bond a notice that the party objects to the sufficiency of the surety. Failure to do

so waives all objections to the surety.

(F) Hearing on Objections to Surety. Notice of objection to a surety must be filed as a

motion for hearing on objections to the bond.

(1) On demand of the objecting party, the surety must appear at the hearing of the

motion and be subject to examination as to the surety's pecuniary responsibility or the

validity of the execution of the bond.

(2) After the hearing, the court may approve or reject the bond as filed or require an

amended, substitute, or additional bond, as the circumstances warrant.

(3) In an appeal to the circuit court from a lower court or tribunal, an objection to the

surety is heard in the circuit court.

(G) Surety Company Bond. A surety company certified by the Commissioner of Insurance

as authorized to do business in Michigan may act as surety on a bond.

(H) Assignment or Delivery of Bond. If the condition of a bond is broken, or the

circumstances require, the court shall direct the delivery or assignment of the bond for

prosecution to the person for whose benefit it was given. Proceedings to enforce the bond

may be taken in the action pursuant to subrule (I).

(I) Judgment Against Surety.

(1) Judgment on Motion. In an action in which a bond or other security has been

posted, judgment may be entered directly against the surety or the security on motion

without the necessity of an independent action on a showing that the condition has

occurred giving rise to the liability on the bond or to the forfeiture of the security.

(2) Notice. Notice of the hearing on the motion for judgment must be given to the

surety or the owner of the security in the manner prescribed in MCR 2.107. The notice

may be mailed to the address stated in the bond or stated when the security was

furnished unless the surety or owner has given notice of a change of address.

(3) Restitution. If in later proceedings in the action, on appeal or otherwise, it is

determined that the surety is not liable or that the security should not have been

forfeited, the court may order restitution of money paid or security forfeited.

(J) Application to Another Judge After Supersedeas Refused.

Chapter 3. Special Proceedings and Actions Page 312 Updated June 21, 2024

(1) If a circuit judge has denied an application for supersedeas in whole or in part, or

has granted it conditionally or on terms, a later application for the same purpose and in

the same matter may not be made to another circuit judge if the first judge is available.

(2) If an order is entered contrary to the provisions of subrule (J)(1), it is void and must

be revoked by the judge who entered it, on proof of the facts. A person making a later

application contrary to this rule is subject to punishment for contempt.

(K) Cash or Securities Bond. The furnishing of a cash or securities bond under MCL

600.2631 is deemed compliance with these rules.

(L) Stay of Proceedings Without Bond. If a party required to give a bond under these rules

for supersedeas, appeal, or otherwise is unable to give the bond by reason of poverty, the

court may, on proof of the inability, limit or eliminate the requirement for surety on the

bond on appropriate conditions and for a reasonable time.

ULE 3.605 COLLECTION OF PENALTIES, FINES, FORFEITURES, AND FORFEITED RECOGNIZANCES

(A) Definition. The term “penalty,” as used in this rule, includes fines, forfeitures, and

forfeited recognizances, unless otherwise provided in this rule.

(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an

ordinance of a city or village must be brought in the name of the city or village. Other

actions to recover penalties must be brought in the name of the people of the State of

Michigan.

be rendered directly against the party and in favor of the other party on motion and

showing that the condition has occurred giving rise to the penalty. This subrule does not

apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal

recognizances under MCL 765.28.

(D) Remission of Penalty. An application for the remission of a penalty, including a bond

forfeiture, may be made to the judge who imposed the penalty or ordered the forfeiture.

The application may not be heard until reasonable notice has been given to the prosecuting

attorney (or municipal attorney) and he or she has had an opportunity to examine the

matter and prepare to resist the application. The application may not be granted without

payment of the costs and expenses incurred in the proceedings for the collection of the

penalty, unless waived by the court.

(E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. When

a fine is imposed by a court on a person, without an order for the immediate commitment

of the person until the fine is paid, the clerk of the court shall deliver a copy of the order

imposing the fine to the prosecuting attorney of the county in which the court is held, or

the municipal attorney in the case of a fine that is payable to a municipality. The

prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine.

Chapter 3. Special Proceedings and Actions Page 313 Updated June 21, 2024

RULE 3.606 CONTEMPTS OUTSIDE IMMEDIATE PRESENCE OF COURT

(A) Initiation of Proceeding. For a contempt committed outside the immediate view and

presence of the court, on a proper showing on ex parte motion supported by affidavits, the

court shall either

(1) order the accused person to show cause, at a reasonable time specified in the order,

why that person should not be punished for the alleged misconduct; or

(2) issue a bench warrant for the arrest of the person.

(B) Writ of Habeas Corpus. A writ of habeas corpus to bring up a prisoner to testify may

be used to bring before the court a person charged with misconduct under this rule. The

court may enter an appropriate order for the disposition of the person.

(1) The court may allow the giving of a bond in lieu of arrest, prescribing in the bench

warrant the penalty of the bond and the return day for the defendant.

(2) The defendant is discharged from arrest on executing and delivering to the

arresting officer a bond

(a) in the penalty endorsed on the bench warrant to the officer and the officer's

successors,

(b) with two sufficient sureties, and

and judgment of the court.

(3) Return of Bond. On returning a bench warrant, the officer executing it must return

the bond of the defendant, if one was taken. The bond must be filed with the bench

warrant.

(D) Assignment of Bond; Damages. The court may order assignment of the bond to an

aggrieved party who is authorized by the court to prosecute the bond under MCR

3.604(H). The measure of the damages to be assessed in an action on the bond is the extent

of the loss or injury sustained by the aggrieved party because of the misconduct for which

the order for arrest was issued, and that party's costs and expenses in securing the order.

The remainder of the penalty of the bond is paid into the treasury of the county in which

the bond was taken, to the credit of the general fund.

(E) Prosecution on Bond by Attorney General or Prosecutor. If the court does not order an

assignment as provided in (D), it shall order the breach prosecuted by the Attorney

General or by the prosecuting attorney for the county in which the bond was taken, under

MCR 3.604. The penalty recovered is to be paid into the treasury of the county in which

the bond was taken, to the credit of the general fund.

(F) The court shall not sentence a person to a term of incarceration for nonpayment unless

the court has complied with the provisions of MCR 6.425(D)(3). Proceedings to which the

Chapter 3. Special Proceedings and Actions Page 314 Updated June 21, 2024

Child Support and Parenting Time Enforcement Act, MCL 552.602 et seq., applies are

subject to the requirements of that act.

ULE 3.607 PROCEEDINGS TO RESTORE LOST RECORDS OR DOCUMENTS IN COURTS OF RECORD

(A) Application for Order. When a record or paper relating to an action or proceeding

pending or determined in a Michigan court of record is lost, a person having an interest in

its recovery may apply to the court having jurisdiction of the action or the record for an

order that a duplicate of the lost record or paper be prepared and filed in the court.

(B) Manner of Proceeding; Notice to Interested Parties. The party making the application

must show to the satisfaction of the court that the record or paper once existed and has

been lost, without the fault or connivance, directly or indirectly, of the applicant. On that

showing, the court shall direct the manner of proceeding to replace the lost item, and the

notice to be given to parties interested in the application.

issue subpoenas for and compel the attendance of witnesses, or may compel witnesses to

submit to examination on interrogatories and to establish facts relevant to the proceeding.

(D) Order; Effect of Duplicate. If the court is satisfied that the record or paper proposed as

a substitute for the lost one exhibits all the material facts of the original, the court shall

enter an order providing that the substitute record or paper be filed or recorded with the

officer who had custody of the original. During the continuance of the loss, the substituted

record or paper has the same effect in all respects and in all places as the original.

ULE 3.611 VOLUNTARY DISSOLUTION OF CORPORATIONS

(A) Scope; Rules Applicable. This rule governs actions to dissolve corporations brought

under MCL 600.3501. The general rules of procedure apply to these actions, except as

provided in this rule and in MCL 600.3501-600.3515.

(B) Contents of Complaint; Statements Attached. A complaint seeking voluntary

dissolution of a corporation must state why the plaintiff desires a dissolution of the

corporation, and there must be attached:

(1) an inventory of all the corporation's property;

(2) a statement of all encumbrances on the corporation's property;

(3) an account of the corporation's capital stock, specifying the names of the

stockholders, their addresses, if known, the number of shares belonging to each, the

amount paid in on the shares, and the amount still due on them;

(4) an account of all the corporation's creditors and the contracts entered into by the

corporation that may not have been fully satisfied and canceled, specifying:

(a) the address of each creditor and of every known person with whom the

contracts were made, if known, and if not known, that fact to be stated;

Chapter 3. Special Proceedings and Actions Page 315 Updated June 21, 2024

(b) the amount owing to each creditor;

(d) the basis of and consideration for each debt, demand, or obligation; and

(5) the affidavit of the plaintiff that the facts stated in the complaint, accounts,

inventories, and statements are complete and true, so far as the plaintiff knows or has

the means of knowing.

complaint, the court may order all persons interested in the corporation to show cause why

the corporation should not be dissolved, at a time and place to be specified in the order,

but at least 28 days after the date of the order. Notice of the contents of the order must be

served by mail on all creditors and stockholders at least 28 days before the hearing date,

and must be published once each week for 3 successive weeks in a newspaper designated

by the court.

(D) Hearing. At a hearing ordered under subrule (C), the court shall hear the allegations

and proofs of the parties and take testimony relating to the property, debts, credits,

engagements, and condition of the corporation. After the hearing, the court may dismiss

the action, order the corporation dissolved, appoint a receiver, schedule further

proceedings, or enter another appropriate order.

(E) Suits by Receiver. An action may be brought by the receiver in his or her own name

and may be continued by the receiver's successor or co-receiver. An action commenced by

or against the corporation before the filing of the complaint for dissolution is not abated by

the complaint or by the judgment of dissolution, but may be prosecuted or defended by the

receiver. The court in which an action is pending may on motion order substitution of

parties or enter another necessary order.

ULE 3.612 WINDING UP OF CORPORATION WHOSE TERM OR CHARTER HAS EXPIRED

(A) Scope; Rules Applicable. This rule applies to actions under MCL 450.1801 et seq. The

general rules of procedure apply to these actions, except as provided in this rule and in

MCL 450.1801 et seq.

(B) Contents of Complaint. The complaint must include:

(1) the nature of the plaintiff's interest in the corporation or its property, the date of

organization of the corporation, the title and the date of approval of the special act

under which the corporation is organized, if appropriate, and the term of corporate

existence;

(2) whether any of the corporation's stockholders are unknown to the plaintiff;

(3) that the complaint is filed on behalf of the plaintiff and all other persons interested

in the property of the corporation as stockholders, creditors, or otherwise who may

choose to join as parties plaintiff and share the expense of the action;

Chapter 3. Special Proceedings and Actions Page 316 Updated June 21, 2024

(4) an incorporation by reference of the statements required by subrule (C);

(5) other appropriate allegations; and

(6) a demand for appropriate relief, which may include that the affairs of the

corporation be wound up and its assets disposed of and distributed and that a receiver

of its property be appointed.

(1) a copy of the corporation's articles of incorporation, if they are on file with the

Department of Commerce, and, if the corporation is organized by special act, a copy of

the act;

(2) a statement of the corporation's assets, so far as known to the plaintiff;

(3) a statement of the amount of capital stock and of the amount paid in, as far as

known, from the last report of the corporation on file with the Department of

Commerce or, if none has been filed, from the articles of incorporation on file with the

Department of Commerce, or the special legislative act organizing the corporation;

(4) if the corporation's stock records are accessible to the plaintiff, a list of the

stockholders' names and addresses and the number of shares held by each, insofar as

shown in the records;

(5) a statement of all encumbrances on the corporation's property, and all claims

against the corporation, and the names and addresses of the encumbrancers and

claimants, so far as known to the plaintiff; and

(6) a statement of the corporation's debts, the names and addresses of the creditors, and

the nature of the consideration for each debt, so far as known to the plaintiff.

(D) Parties Defendant. The corporation must be made a defendant. All persons claiming

encumbrances on the property may be made defendants. It is not necessary to make a

stockholder or creditor of the corporation a defendant.

(E) Process and Order for Appearance; Publication.

(1) Process must be issued and served as in other civil actions or, on the filing of the

complaint, the court may order the appearance and answer of the corporation, its

stockholders, and creditors at least 28 days after the date of the order.

(2) The order for appearance must be published in the manner prescribed in MCR

2.106.

(3) When proof of the publication is filed and the time specified in the order for the

appearance of the corporation, stockholders, and creditors has expired, an order may

be entered taking the complaint as confessed by those who have not appeared.

(F) Appearance by Defendants.

(1) Within the time the order for appearance sets, the following persons may appear

and defend the suit as the corporation might have:

Chapter 3. Special Proceedings and Actions Page 317 Updated June 21, 2024

(a) a stockholder in the corporation while it existed and who still retains rights in

its property by owning stock;

(b) an assignee, purchaser, heir, devisee, or personal representative of a

stockholder; or

limitations.

(2) All persons so appearing must defend in the name of the corporation.

(3) If a person other than the corporation has been named as a defendant in the

complaint, that person must be served with process as in other civil actions.

(G) Subsequent Proceedings. So far as applicable, the procedures established in MCR

3.611 govern hearings and later proceedings in an action under this rule.

(H) Continuation of Proceeding for Benefit of Stockholder or Creditor. If the plaintiff fails

to establish that he or she is a stockholder or creditor of the corporation, the action may be

continued by another stockholder or creditor who has appeared in the action.

ULE 3.613 CHANGE OF NAME

(A) A petition to change a name must be made on a form approved by the State Court

Administrative Office.

(B) Published Notice; Contents. Unless otherwise provided in this rule, the court must

order publication of the notice of the proceeding to change a name in a newspaper in the

county where the action is pending.

If the court has waived fees under MCR 2.002, it

must pay the cost of any ordered publication, including any affidavit fee charged by

the publisher or the publisher’s agent for preparing the affidavit pursuant to MCR

2.106(G). Any case record reflecting court payment must be nonpublic.

A published

notice of a proceeding to change a name must include the name of the petitioner; the

current name of the subject of the petition; the proposed name; and the time, date, and

place of the hearing. Proof of service must be made as provided by MCR 2.106(G)(1).

good cause, the court must order that no publication of notice of the proceeding take place

and that the record of the proceeding be confidential. Good cause includes but is not

limited to evidence that publication or availability of a record of the proceeding could

place the petitioner or another individual in physical danger or increase the likelihood of

such danger, such as evidence that the petitioner or another individual has been the victim

of stalking, domestic violence, human trafficking, harassment, or an assaultive crime, or

evidence that publication or the availability of a record of the proceeding could place the

petitioner or another individual at risk of unlawful retaliation or discrimination.

(1) Evidence supporting good cause must include the petitioner’s or the endangered

individual’s sworn statement stating the reason supporting good cause, including but

not limited to fear of physical danger, if the record is published or otherwise available.

Chapter 3. Special Proceedings and Actions Page 318 Updated June 21, 2024

The court must not require proof of an arrest or prosecution to reach a finding of good

cause.

(2) The court must issue an ex parte order granting or denying a petition requesting

nonpublication and confidential record under this subrule.

(3) If a petition requesting nonpublication under this subrule is granted, the court must:

(a) issue a written order;

(b) notify the petitioner of its decision and the time, date, and place of the hearing

on the requested name change under subrule (A); and

noncustodial parent as provided in subrule (E), except that if the noncustodial

parent’s address or whereabouts is not known and cannot be ascertained after

diligent inquiry, notice to the noncustodial parent that is not directed solely to that

parent, such as by publication under subrule (E)(2)(a), must not include the current

or proposed name of the minor.

(4) If a petition requesting nonpublication under this subrule is denied, the court must

issue a written order that states the reasons for denying relief and advises the petitioner

of the right to

(a) request a hearing regarding the denial,

(b) file a notice of dismissal, or

of notice of hearing for name change form with the court within 14 days of entry of

the order denying the petition requesting nonpublication. If the petitioner submits

such form, in accordance with subrule (B) the court must set a time, date, and place

of a hearing and order publication.

(5) If the petitioner does not request a hearing under subrule (4)(a) within 14 days of

entry of the order, the order is final.

(6) If the petitioner does not request a hearing under subrule (4)(a) or file a notice of

dismissal under subrule (4)(b) within 14 days of entry of the order denying the petition

requesting nonpublication, the court may set a time, date, and place of a hearing on the

petition for a name change and order publication of notice as provided in subrule (B),

and if applicable, subrule (E).

(7) A hearing under subrule (4)(a) must be held on the record.

(8) The petitioner must attend the hearing under subrule (4)(a). If the petitioner fails to

attend the hearing, the court must adjourn and reschedule. If the petitioner fails to

attend the rescheduled hearing, the court may adjourn and reschedule, dismiss the

petition for name change, or notify the petitioner that it will publish notice of the name

change proceeding if the petitioner does not file a notice of dismissal within 14 days

from the date of the rescheduled hearing.

Chapter 3. Special Proceedings and Actions Page 319 Updated June 21, 2024

(9) Following the hearing under subrule (4)(a), the court must provide the reasons for

granting or denying a petition requesting nonpublication on the record and enter an

appropriate order.

(10) If a petition requesting nonpublication under this subrule is denied, and the

petitioner or the court proceed with setting a time, date, and place of a hearing on the

petition for a name change as provided in subrules (4)(c) or (6), the court must order

that the record is no longer confidential.

(D) Minor’s Signature. A petition for a change of name by a minor need not be signed in

the presence of a judge. However, the separate written consent that must be signed by a

minor 14 years of age or older shall be signed in the presence of the judge.

(E) Notice to Noncustodial Parent. Service on a noncustodial parent of a minor who is the

subject of a petition for change of name must be made in the following manner:

(1) Address Known. If the noncustodial parent’s address or whereabouts is known,

that parent must be served with a copy of the petition and a notice of hearing at least

14 days before the hearing in a manner prescribed by MCR 2.107(C).

(2) Address Unknown. If the noncustodial parent’s address or whereabouts is not

known and cannot be ascertained after diligent inquiry, that parent must be served with

a notice of hearing by one of the following methods:

(a) by publishing in a newspaper and filing a proof of service as provided by MCR

2.106(G)(1). Unless otherwise provided in this rule, the notice must be published

one time at least 14 days before the date of the hearing, must include the name of

the noncustodial parent and a statement that the result of the hearing may be to bar

or affect the noncustodial parent’s interest in the matter, and that publication must

be in the county where the court is located unless a different county is specified by

statute, court rule, or order of the court. A notice published under this subrule need

not set out the contents of the petition if it contains the information required under

subrule (B). A single publication may be used to notify the general public and the

noncustodial parent whose address cannot be ascertained if the notice contains the

noncustodial parent's name.

(b) upon the petitioner’s request, and in the court’s discretion, the court may order

service by any manner reasonably calculated to give the noncustodial parent actual

notice of the proceedings and an opportunity to be heard. The petitioner must

specify the proposed method of service and explain how it is reasonably

calculated. The request and order under this subrule must be made on a form

approved by the State Court Administrative Office. Proof of service must be made

as provided by MCR 2.104(A)(2) or (3).

(F) Consultation with Minor, Presumption. A child 7 years of age and under is presumed

not of sufficient age to be consulted concerning a preference on change of name.

(G) Confidential Records. In cases where the court orders that records are to be

confidential and that no publication is to take place, records are to be maintained in a

Chapter 3. Special Proceedings and Actions Page 320 Updated June 21, 2024

sealed envelope marked confidential and placed in a private file. Except as otherwise

ordered by the court, only the original petitioner may gain access to confidential files, and

no information relating to a confidential record, including whether the record exists, shall

be accessible to the general public.

ULE 3.614 HEALTH THREATS TO OTHERS

(A) Public Health Code, Application. Except as modified by this rule, proceedings relating

to carriers of contagious diseases who pose threats to the health of others under part 52 of

the public health code are governed by the rules generally applicable to civil proceedings.

(B) Service of Documents. The moving party is responsible for service when service is

required.

disease are the petitioner and the respondent.

(D) Commitment Review Panel.

(1) Appointment. On receipt of a petition for treatment of infectious disease which

requests that the individual be committed to an appropriate facility, the Court shall

forthwith appoint a Commitment Review Panel from a list of physicians prepared by

the Department of Public health.

(2) Respondent's Choice of Physician. On motion of the respondent requesting that a

specific physician be appointed to the Commitment Review Panel, the Court shall

appoint the physician so requested, unless the physician refuses. If the individual is

unable to pay such physician, the court shall pay such physician a reasonable fee

comparable with fees paid to other court appointed experts. On appointment of the

requested physician, the Court shall discharge one of the initially appointed

physicians.

(3) The Commitment Review Panel shall make written recommendations to the Court

prior to the date of hearing on the petition. The recommendations shall be substantially

in a form approved by the State Court Administrator.

(E) Commitment to Facility.

(1) Renewal of Order of Commitment. A motion for continuing commitment shall be

filed at least 14 days prior to the expiration of the order of commitment. The motion

shall be made by the director of the commitment facility or the director's designee. The

court shall conduct a hearing on the motion prior to the expiration of the existing order

of commitment. Notice shall be given as on the initial petition and to the local

department of public health. The court shall reconvene the respondent's Commitment

Review Panel. At the hearing, the petitioner must show good cause for continued

commitment in the facility. No order of commitment shall exceed 6 months in length.

(2) Reevaluation at Request of Respondent. Once within any six-month period or more

often by leave of the court, an individual committed to a facility for treatment of an

Chapter 3. Special Proceedings and Actions Page 321 Updated June 21, 2024

infectious disease may file in the court a petition for a new Commitment Review Panel

recommendation on whether the patient's commitment should be terminated. Within

14 days after receipt of the report of the reconvened Commitment Review Panel, the

court shall review the panel's report and enter an order. The court may modify,

continue or terminate its order of commitment without a hearing.

ULE 3.615 PARENTAL RIGHTS RESTORATION ACT PROCEEDINGS

(A) Applicable Rules. A proceeding by a minor to obtain a waiver of parental consent for

an abortion shall be governed by the rules applicable to civil proceedings except as

modified by this rule.

(B) Confidentiality, Use of Initials, Private File, Reopening.

(1) The court shall assure the confidentiality of the file, the assistance given the minor

by court personnel, and the proceedings.

(2) If requested by the minor, the title of the proceeding shall be by initials or some

other means of assuring confidentiality. At the time the petition is filed, the minor

shall file a Confidential Information Sheet listing the minor's name, date of birth,

permanent residence, title to be used in the proceeding and the method by which the

minor may be reached during the pendency of the proceeding. The Confidential

Information Sheet and all other documents containing identifying information shall be

sealed in an envelope marked confidential on which the case number has been written

and placed in a private file. Confidential information shall not be entered into a

computer file.

(3) The court shall maintain only one file of all papers for each case. The file shall be

inspected only by the judge, specifically authorized court personnel, the minor, her

attorney, her next friend, the guardian ad litem, and any other person authorized by the

minor. After the proceedings are completed, the file may be opened only by order of

the court for good cause shown and only for a purpose specified in the order of the

court.

(4) The file of a completed case shall not be destroyed until two years after the minor

has reached the age of majority. The court shall not microfilm or otherwise copy the

file.

(1) If a minor seeking a waiver of parental consent makes first contact with the court

by personal visit to the court, the court shall provide a written notice of rights and

forms for a petition for waiver of parental consent, a confidential information sheet,

and a request for appointment of an attorney, each substantially in the form approved

by the state court administrator.

(2) If a minor seeking a waiver of parental consent makes first contact with the court

by telephone, the court shall tell the minor that she can receive a notice of rights and

forms for a petition, a confidential information sheet, and a request for appointment of

Chapter 3. Special Proceedings and Actions Page 322 Updated June 21, 2024

an attorney by coming to the court or that the court will mail such forms to the minor.

If the minor requests that the court mail the forms, the court shall mail the forms

within 24 hours of the telephone contact to an address specified by the minor.

(3) Any person on personal visit to the court shall be given, on request, a copy of the

notice of rights or any other form.

(D) Assistance with Preparation of Petition. On request of the minor or next friend, the

court shall provide the minor with assistance in preparing and filing of a petition,

confidential information sheet and request for appointment of an attorney, each

substantially in the form approved by the state court administrator.

(E) Next Friend. If the minor proceeds through a next friend, the petitioner shall certify

that the next friend is not disqualified by statute and that the next friend is an adult. The

next friend may act on behalf of the minor without prior appointment of the court and is

not responsible for the costs of the action.

(F) Attorney, Request, Appointment, Duties.

(1) At the request of the minor or next friend before or after filing the petition, the

court shall immediately appoint an attorney to represent the minor. The request shall

be in writing in substantially the form approved by the state court administrator.

Except for good cause stated on the record, the court shall appoint an attorney selected

by the minor if the minor has secured the attorney's agreement to represent her or the

attorney has previously indicated to the court a willingness to be appointed.

(2) If it deems necessary, the court may appoint an attorney to represent the minor at

any time.

(3) The minor shall contact the court appointed attorney within 24 hours of such

appointment. The court shall advise the minor of this requirement.

(4) If an attorney is appointed to represent a minor prior to filing a petition, the

attorney shall consult with the minor within 48 hours of appointment.

(G) Guardian Ad Litem, Appointment, Duties.

(1) Request of Minor. The court shall immediately appoint a guardian ad litem to

represent the minor at the request of the minor or next friend before or after filing the

petition.

(2) Appointment on Court's Motion.

(a) At any time if it deems necessary, the court may appoint a guardian ad litem to

assist the court.

(b) The guardian ad litem may obtain information by contacting the minor and

other persons with the consent of the minor, provided the confidentiality of the

proceedings is not violated.

(H) Filing Petition, Setting Hearing, Notice of Hearing.

Chapter 3. Special Proceedings and Actions Page 323 Updated June 21, 2024

(1) The petition shall be filed in person by the minor, attorney or next friend.

(2) The court shall set a time and place for a hearing and notify the filer at the time the

petition is filed. The court shall give notice of the hearing only to the minor, the

minor's attorney, next friend and guardian ad litem. Notice of hearing may be oral or

written and may be given at any time prior to the hearing. The hearing may be

scheduled to commence immediately if the minor and her attorney, if any, are ready to

proceed.

(3) Insofar as practical, at the minor's request the hearing shall be scheduled at a time

and place that will not interfere with the minor's school attendance.

(I) Venue, Transfer. Venue is in the county of the minor's residence or where the minor is

found at the time of the filing of the petition. Transfer of venue properly laid shall not be

made without consent of the minor.

(J) Hearing.

(1) Burden and Standard of Proof. The petitioner has the burden of proof by

preponderance of the evidence and must establish the statutory criteria at a hearing.

(2) Closed Hearing. The hearing shall be closed to the public. The court shall limit

attendance at the hearing to the minor, the minor's attorney, the next friend, the

guardian ad litem, persons who are called to testify by the minor or with the minor's

consent, necessary court personnel and one support person who would not be

disqualified as a next friend by MCL 722.902(d).

(3) All relevant and material evidence may be received.

(4) The hearing may be conducted informally in the chambers of a judge.

(5) The hearing shall commence and be concluded within 72 hours, excluding Sundays

and holidays, of the filing of the petition, unless the minor consents to an adjournment.

The order of the court shall be issued within 48 hours, excluding Sundays and

holidays, of the conclusion of the hearing.

(K) Order.

(1) Order Granting Waiver, Duration, Effect. If the petition is granted, the court

immediately shall provide the minor with two certified copies of the order granting

waiver of parental consent. The order shall be valid for 90 days from the date of entry.

Nothing in the order shall require or permit an abortion that is otherwise prohibited by

law.

(2) Order Denying Waiver, Notice of Appeal, Appointment of Counsel, Preparation of

Transcript. If the order denies relief, the court shall endorse the time and date on the

order. The order shall be served on the minor's attorney or, if none, the minor along

with

(a) a unified appellate document substantially in the form approved by the state

court administrator which may be used as notice of appeal, claim of appeal,

request for appointment of an attorney and order of transcript, and

Chapter 3. Special Proceedings and Actions Page 324 Updated June 21, 2024

(b) a notice that, if the minor desires to appeal, the minor must file the notice of

appeal with the court within 24 hours.

(3) Appeal.

(a) Upon receipt of a timely notice of appeal, the court must appoint counsel and

order that the transcript be prepared immediately and two copies filed within 72

hours. If the minor was represented by counsel in the court proceedings, the court

must reappoint the same attorney unless there is good cause for a different

appointment. As soon as the transcript is filed, the court shall forward the file to

the Court of Appeals.

(b) Time for filing notice.

(1) If the order was entered at the conclusion of the hearing or at any other time

when the minor's attorney or, if none, the minor was in attendance at court, the

minor must file the notice of appeal within 24 hours of the date and time

stamped on the order, or

(2) If the order was entered at any other time, the minor must file the notice of

appeal within 24 hours of the time when the order was received by the minor's

attorney or, if none, the minor.

a filing period, the document will be filed on a timely basis if filed during the

morning of the next day when the court is open for business.

(d) Perfection of Appeal. The minor's attorney must perfect the appeal by filing in

the Court of Appeals a claim of appeal and a copy of the order denying waiver.

The appeal must be perfected within 72 hours, excluding Sundays and holidays, of

the filing of the notice of appeal.

(e) Brief. The minor's attorney shall file at the time of perfecting appeal five copies

of the brief on appeal. The brief need not contain citations to the transcript.

(f) Oral Argument. There will be no oral argument, unless ordered by the Court of

Appeals.

ULE 3.616 PROCEEDING TO DETERMINE CONTINUATION OF VOLUNTARY FOSTER CARE

ERVICES.

(A) Scope of Rule. This rule governs review of all voluntary foster care agreements made

pursuant to article II of the Young Adult Voluntary Foster Care Act, MCL 400.645

through MCL 400.663.

(B) Jurisdiction. Upon the filing of a petition under this rule, the family division of the

circuit court has jurisdiction to review an agreement for the voluntary extension of foster

care services after age 18.

Chapter 3. Special Proceedings and Actions Page 325 Updated June 21, 2024

using the appropriate case classification code as referenced in MCR 8.117. The file shall

be closed following the issuance of the court’s determination under subrule (F).

(D) Form. The petition and the judicial determination shall be prepared on forms approved

by the state court administrator.

(E) Ex Parte Petition; Filing, Contents, Service. Within 150 days after the signing of a

voluntary foster care agreement, the Department of Health and Human Services shall file

with the family division of the circuit court, in the county where the youth resides, an ex

parte petition requesting the court’s determination that continuing in voluntary foster care

is in the youth’s best interests.

(1) Contents of Petition. The petition shall contain

(a) the youth’s name, date of birth, race, gender, and current address;

(b) the name, date of birth, and residence address of the youth’s parents or legal

custodian (if parental rights have not been terminated);

(d) a statement that the youth has been notified of the right to request a hearing

regarding continuing in foster care;

(e) a showing that jurisdiction of a court over the youth’s child protective

proceeding has been terminated, including the name of the court and the date

jurisdiction was terminated; and

(f) any other information the Department of Health and Human Services, parent or

legal custodian, youth, or foster parent wants the court to consider.

(2) Supporting Documents. The petition shall be accompanied by a written report

prepared pursuant to MCL 400.655 and a copy of the signed voluntary foster care

agreement.

(3) Service. The Department of Health and Human Services shall serve the petition on

(a) the youth; and

(b) the foster parent or parents, if any.

(F) Judicial Determination. The court shall review the petition, report, and voluntary

foster care agreement filed pursuant to subrule (E), and then make a determination

whether continuing in voluntary foster care is in the best interests of the youth.

(1) Written Order; Time. The court shall issue an order that includes its determination

and individualized findings that support its determination. The findings shall be based

on the Department of Health and Human Services’ written report and other

information filed with the court. The order must be signed and dated within 21 days of

the filing of the petition.

(2) Service. The court shall serve the order on

Chapter 3. Special Proceedings and Actions Page 326 Updated June 21, 2024

(a) the Department of Health and Human Services;

(b) the youth; and

(G) Confidential File. The Department of Health and Human Services and the youth are

entitled to access to the records contained in the file, but otherwise, the file is confidential.

ULE 3.617 DELAYED REGISTRATION OF BIRTH

The entire record for delayed registration of birth is confidential. Except as otherwise

ordered by the court, only the legal parent or parents and the child may gain access to the

confidential file, and no information relating to a confidential record, including whether the

record exists, shall be accessible to the general public.

ULE 3.618 EMANCIPATION OF MINOR

(A) Interested Persons. The persons interested in a petition for emancipation of a minor

are

(1) the minor,

(2) parents of the minor,

(3) the affiant on an affidavit supporting emancipation, and

(4) any guardian or conservator.

(B) Summons.

(1) A summons in an emancipation proceeding must be served on an interested person

at least 14 days before the date of hearing unless the interested person has waived his

or her right to service.

(2) The summons must direct the person to whom it is addressed to appear at a time

and place specified by the court and must identify the nature of hearing.

(1) Except as provided in subrule (C)(2), a summons and petition for emancipation

must be served by personal service.

(2) If service of the summons and petition cannot be made under subrule (C)(1)

because the whereabouts of an interested person could not be ascertained after diligent

inquiry, the petitioner must file proof of the efforts made to locate the interested

person in a statement verified under MCR 1.109(D)(3). If the court finds, on reviewing

the statement, that a reasonable attempt was made, the court may issue an ex parte

order directing another manner of service reasonably calculated to give notice of the

proceedings, including notice by publication under subrule (3).

Chapter 3. Special Proceedings and Actions Page 327 Updated June 21, 2024

(3) Service by Publication.

(a) Requirements. A notice of hearing or other notice required to be made by

publication must be published in a newspaper as defined by MCR 2.106(F) at least

one time 21 days before the date of hearing. Publication shall be in the county in

which the court is located.

(b) Contents of Notice. The published notice must include the name of the

individual to whom the notice is given, a statement describing the nature of the

hearing, and a statement that the hearing may affect the individual’s interest in the

matter. If an interested person has once been served by publication, notice is only

required on an interested person whose address is known or becomes known

during the proceedings.

whom the notice is given at his or her last known address. If the last known address

of the individual cannot be ascertained after diligent inquiry, mailing a copy of the

notice is not required.

(d) Proof of service under this subrule shall be made according to MCR 2.106(G).

(D) Time of Service.

(1) A summons shall be personally served at least 14 days before hearing on a petition

of emancipation, except as allowed under subrule (C)(2).

(2) If the summons is served by registered mail, it must be sent at least 21 days before

hearing if the interested person to be served resides in Michigan, or at least 28 days

before hearing if the interested person to be served resides outside of Michigan.

(E) Other Service. The clerk of the court shall serve an order issued by the court. If notice

of the petition and hearing was given to an interested person by publication, a copy of an

order issued by the court need not be served on that interested person.

(F) Proof of Service

(1) Summons and Petition. Proof of service of the summons and petition must be made

in the manner provided in MCR 2.104(A).

(2) Other Documents. Proof of service of other documents permitted or required to be

served under this rule must be made in the manner provided in MCR 2.107(D).

(G) Order. To fulfill requirements of the Social Security Administration, the court must

provide the minor with a copy of the order of emancipation that includes the minor's full

social security number, if the minor has one. The court shall not include the minor's social

security number on the order maintained in the court's file.

(1) The minor must show his or her social security card to the judge at the hearing and

the judge shall enter the number on the minor's copy of the order. If the minor does not

bring his or her social security card to the hearing or does not have a social security

card, the minor can present his or her social security card to the clerk of the court at a

Chapter 3. Special Proceedings and Actions Page 328 Updated June 21, 2024

later date, and after verifying the identity of the minor, the clerk of the court shall enter

the social security number on a copy of the order to be given to the minor.

(2) The order must be entered on a form approved by the State Court Administrative

Office, consisting of two parts. The first part is placed in the case file and shall not

contain the minor's social security number. The second part shall contain the minor's

social security number and a statement that the order is a certified copy of the order on

file with the court except that the social security number appears only on the minor's

copy of the order. The minor's copy of the order shall be signed by the clerk of the

court. There is no fee for the certified copy.

(H) A minor’s birth certificate filed with the court as requir3ed by MCL 722.4a must be

maintained confidentially.

SUBCHAPTER 3.700 PERSONAL PROTECTION AND EXTREME RISK PROTECTION

ROCEEDINGS

RULE 3.701 APPLICABILITY OF RULES; FORMS

(A) Scope. Except as provided by this subchapter and the provisions of MCL 600.2950,

MCL 600.2950a, and MCL 691.1801 to MCL 691.1821, actions for personal protection

for relief against domestic violence or stalking and actions for extreme risk protection are

governed by the Michigan Court Rules. Procedure related to personal protection orders

against adults is governed by MCR 3.702 to MCR 3.709, and procedure related to extreme

risk protection is governed by MCR 3.715 to MCR 3.722. Procedure related to personal

protection orders against minors is governed by subchapter 3.900, except as provided in

MCR 3.981.

(B) Forms. The state court administrator shall approve forms for use in personal protection

act proceedings and for use in extreme risk protection act proceedings. The forms shall be

made available for public distribution by the clerk of the circuit court.

ULE 3.702 DEFINITIONS

When used in this subchapter, unless the context otherwise indicates:

(1) “personal protection order” means a protection order as described under MCL

600.2950 and 600.2950a;

(2) “petition” refers to a pleading for commencing an independent action for personal

protection and is not considered a motion as defined in MCR 2.119;

(3) “petitioner” refers to the party seeking protection;

(4) “respondent” refers to the party to be restrained;

Chapter 3. Special Proceedings and Actions Page 329 Updated June 21, 2024

(5) “existing action” means an action in this court or any other court in which both the

petitioner and the respondent are parties; existing actions include, but are not limited to,

pending and completed domestic relations actions, criminal actions, other actions for

personal protection orders.

(6) “minor” means a person under the age of 18.

(7) “minor personal protection order” means a personal protection order issued by a court

against a minor and under jurisdiction granted by MCL 712A.2(h).

ULE 3.703 COMMENCING A PERSONAL PROTECTION ACTION

(A) Filing. A personal protection action is an independent action commenced by filing a

petition with a court. Where e-filing is implemented, a partially-completed personal

protection order must be prepared on a form approved by the State Court Administrative

Office and submitted at the same time as the petition. The petitioner, or an individual who

is assisting the petitioner under MCL 600.2950b(4), shall complete in the form only the

case caption and the known fields with identifying information, including protected

personal identifying information of the respondent; however, at a minimum the race, sex,

and date of birth or age of the respondent must be provided for LEIN entry. The personal

identifying information form required by MCR 1.109(D)(9)(b)(iii) shall not be filed under

this rule. There are no fees for filing a personal protection action, and no summons is

issued. A personal protection action may not be commenced by filing a motion in an

existing case or by joining a claim to an action.

(B) Petition in General. The petition must

(1) be in writing;

(2) state with particularity the facts on which it is based;

(3) state the relief sought and the conduct to be restrained;

(4) state whether an ex parte order is being sought;

(5) state whether a personal protection order action involving the same parties has

been commenced in another jurisdiction; and

(6) be signed by the party or attorney as provided in MCR 1.109(E). The petitioner

may omit his or her residence address from the documents filed with the court, but

must provide the court with a mailing address.

against a minor must list:

(1) the minor's name, address, and either age or date of birth; and

(2) if known or can be easily ascertained, the names and addresses of the minor's

parent or parents, guardian, or custodian.

(D) Other Pending Actions; Order, Judgments.

Chapter 3. Special Proceedings and Actions Page 330 Updated June 21, 2024

(1) The petition must specify whether there are any other pending actions in this or any

other court, or orders or judgments already entered by this or any other court affecting

the parties, including the name of the court and the case number, if known.

(a) If the petition is filed in the same court as a pending action or where an order or

judgment has already been entered by that court affecting the parties, it shall be

assigned to the same judge.

(b) If there are pending actions in another court or orders or judgments already

entered by another court affecting the parties, the court should contact the court

where the pending actions were filed or orders or judgments were entered, if

practicable, to determine any relevant information.

(2) If the prior action resulted in an order providing for continuing jurisdiction of a

minor, and the new action requests relief with regard to the minor, the court must

comply with MCR 3.205.

(E) Venue.

(1) If the respondent is an adult, the petitioner may file a personal protection action in

any county in Michigan regardless of residency.

(2) If the respondent is a minor, the petitioner may file a personal protection order in

either the petitioner's or respondent's county of residence. If the respondent does not

live in this state, venue for the action is proper in the petitioner's county of residence.

(F) Minor or Legally Incapacitated Individual as Petitioner.

(1) If the petitioner is a minor or a legally incapacitated individual, the petitioner shall

proceed through a next friend. The petitioner shall certify that the next friend is not

disqualified by statute and that the next friend is an adult.

(2) Unless the court determines appointment is necessary, the next friend may act on

behalf of the minor or legally incapacitated person without appointment. However, the

court shall appoint a next friend if the minor is less than 14 years of age. The next

friend is not responsible for the costs of the action.

(G) Request for Ex Parte Order. If the petition requests an ex parte order, the petition must

set forth specific facts showing that immediate and irreparable injury, loss, or damage will

result to the petitioner from the delay required to effect notice or from the risk that notice

will itself precipitate adverse action before an order can be issued.

ULE 3.704 DISMISSAL

Except as specified in MCR 3.705(A)(5) and (B), an action for a personal protection order

may only be dismissed upon motion by the petitioner prior to the issuance of an order. There is no

fee for such a motion.

Chapter 3. Special Proceedings and Actions Page 331 Updated June 21, 2024

RULE 3.705 ISSUANCE OF PERSONAL PROTECTION ORDERS

(A) Ex Parte Orders.

(1) The court must rule on a request for an ex parte order within one business day of

the filing date of the petition.

(2) If it clearly appears from specific facts shown by verified complaint, written

petition, or affidavit that the petitioner is entitled to the relief sought, an ex parte order

shall be granted if immediate and irreparable injury, loss, or damage will result from

the delay required to effectuate notice or that the notice will itself precipitate adverse

action before a personal protection order can be issued. In a proceeding under MCL

600.2950a, the court must state in writing the specific reasons for issuance of the

order. A permanent record or memorandum must be made of any nonwritten evidence,

argument or other representations made in support of issuance of an ex parte order.

(3) An ex parte order is valid for not less than 182 days, and must state its expiration

date.

(4) If an ex parte order is entered, the petitioner shall serve the petition and order as

provided in MCR 3.706(D). However, failure to make service does not affect the

order's validity or effectiveness.

(5) If the court refuses to grant an ex parte order, it shall state the reasons in writing

and shall advise the petitioner of the right to request a hearing as provided in subrule

(B). If the petitioner does not request a hearing within 21 days of entry of the order, the

order denying the petition is final. The court shall not be required to give such notice if

the court determines after interviewing the petitioner that the petitioner's claims are

sufficiently without merit that the action should be dismissed without a hearing.

(B) Hearings.

(1) The court shall schedule a hearing as soon as possible in the following instances,

unless it determines after interviewing the petitioner that the claims are sufficiently

without merit that the action should be dismissed without a hearing:

(a) the petition does not request an ex parte order; or

(b) the court refuses to enter an ex parte order and the petitioner subsequently

requests a hearing.

(2) The petitioner shall serve on the respondent notice of the hearing along with the

petition as provided in MCR 2.105(A). If the respondent is a minor, and the where-

abouts of the respondent's parent or parents, guardian, or custodian is known, the

petitioner shall also in the same manner serve notice of the hearing and the petition on

the respondent's parent or parents, guardian, or custodian. One day before the hearing

on a petition seeking a PPO under MCL 600.2950 or MCL 600.2950a(1) is deemed

sufficient notice. Two days before the hearing on a petition seeking a PPO under MCL

600.2950a(2) is deemed sufficient notice.

Chapter 3. Special Proceedings and Actions Page 332 Updated June 21, 2024

(3) The hearing shall be held on the record. In accordance with MCR 2.407, the court

may allow the use of videoconferencing technology by any participant as defined in

MCR 2.407(A)(1).

(4) The petitioner must attend the hearing. If the petitioner fails to attend the hearing,

the court may adjourn and reschedule the hearing or dismiss the petition.

(5) If the respondent fails to appear at a hearing on the petition and the court

determines the petitioner made diligent attempts to serve the respondent, whether the

respondent was served or not, the order may be entered without further notice to the

respondent if the court determines that the petitioner is entitled to relief.

(6) At the conclusion of the hearing the court must state the reasons for granting or

denying a personal protection order on the record and enter an appropriate order. In

addition, the court must state the reasons for denying a personal protection order in

writing, and, in a proceeding under MCL 600.2950a, the court must state in writing the

specific reasons for issuance of the order.

public on the Internet any information regarding the registration of, filing of a petition for,

or issuance of an order under this rule if such publication would be likely to publicly

reveal the identity or location of the party protected under the order.

ULE 3.706 ORDERS

(A) Form and Scope of Order. An order granting a personal protection order must include

the following:

(1) A statement that the personal protection order has been entered, listing the type or

types of conduct enjoined.

(2) A statement that the personal protection order is effective when signed by the

judge and is immediately enforceable anywhere in Michigan, and that, after service,

the personal protection order may be enforced by another state, an Indian tribe, or a

territory of the United States.

(3) A statement that violation of the personal protection order will subject the

individual restrained or enjoined to either of the following:

(a) If the respondent is 17 years of age or more, immediate arrest and, if the

respondent is found guilty of criminal contempt, imprisonment for not more than

93 days and may be fined not more than $500; or

(b) If the respondent is less than 17 years of age, immediate apprehension and, if

the respondent is found in contempt, the dispositional alternatives listed in MCL

712A.18.

(4) An expiration date stated clearly on the face of the order.

(5) A statement that the personal protection order is enforceable anywhere in

Michigan by any law enforcement agency, and that if the respondent violates the

personal protection order in another jurisdiction, the respondent is subject to the

Chapter 3. Special Proceedings and Actions Page 333 Updated June 21, 2024

enforcement procedures and penalties of the jurisdiction in which the violation

occurred.

(6) Identification of the law enforcement agency, designated by the court to enter the

personal protection order into the law enforcement information network.

(7) For ex parte orders, a statement that, within 14 days after being served with or

receiving actual notice of the order, the individual restrained or enjoined may file a

motion to modify or terminate the personal protection order and a request for a

hearing, and that motion forms and filing instructions are available from the clerk of

the court.

(B) Mutual Orders Prohibited. A personal protection order may not be made mutual.

(1) Contact With Court Having Prior Jurisdiction. The court issuing a personal

protection order must contact the court having jurisdiction over the parenting time or

custody matter as provided in MCR 3.205, and where practicable, the judge should

consult with that court, as contemplated in MCR 3.205(C)(2), regarding the impact

upon custody and parenting time rights before issuing the personal protection order.

(2) Conditions Modifying Custody and Parenting Time Provisions. If the respondent's

custody or parenting time rights will be adversely affected by the personal protection

order, the issuing court shall determine whether conditions should be specified in the

order which would accommodate the respondent's rights or whether the situation is

such that the safety of the petitioner and minor children would be compromised by

such conditions.

(3) Effect of Personal Protection Order. A personal protection order takes precedence

over any existing custody or parenting time order until the personal protection order

has expired, or the court having jurisdiction over the custody or parenting time order

modifies the custody or parenting time order to accommodate the conditions of the

personal protection order.

(a) If the respondent or petitioner wants the existing custody or parenting time

order modified, the respondent or petitioner must file a motion with the court

having jurisdiction of the custody or parenting time order and request a hearing.

The hearing must be held within 21 days after the motion is filed.

(b) Proceedings to modify custody and parenting time orders are subject to

subchapter 3.200.

(D) Service. The petitioner shall serve the order on the respondent as provided in MCR

2.105(A). If the respondent is a minor, and the whereabouts of the respondent's parent or

parents, guardian, or custodian is known, the petitioner shall also in the same manner

serve the order on the respondent's parent or parents, guardian, or custodian. On an

appropriate showing, the court may allow service in another manner as provided in MCR

2.105(J). Failure to serve the order does not affect its validity or effectiveness.

Chapter 3. Special Proceedings and Actions Page 334 Updated June 21, 2024

(E) Oral Notice. If oral notice of the order is made by a law enforcement officer as

described in MCL 600.2950(22) or 600.2950a(22), proof of the notification must be filed

with the court by the law enforcement officer.

ULE 3.707 MODIFICATION, TERMINATION, OR EXTENSION OF ORDER

(A) Modification or Termination.

(1) Time for Filing and Service.

(a) The petitioner may file a motion to modify or terminate the personal protection

order and request a hearing at any time after the personal protection order is issued.

(b) The respondent may file a motion to modify or terminate an ex parte personal

protection order or an ex parte order extending a personal protection order and

request a hearing within 14 days after being served with, or receiving actual notice

of, the order. Any motion otherwise to modify or terminate a personal protection

order by the respondent requires a showing of good cause.

the notice of hearing at least 7 days before the hearing date as provided in MCR

2.105(A)(2) at the mailing address or addresses provided to the court. On an

appropriate showing, the court may allow service in another manner as provided in

MCR 2.105(J). If the moving party is a respondent who is issued a license to carry

a concealed weapon and is required to carry a weapon as a condition of

employment, a police officer certified by the Michigan law enforcement training

council act of 1965, 1965 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy

sheriff or a member of the Michigan department of state police, a local corrections

officer, department of corrections employee, or a federal law enforcement officer

who carries a firearm during the normal course of employment, providing notice

one day before the hearing is deemed as sufficient notice to the petitioner.

(2) Hearing on the Motion. The court must schedule and hold a hearing on a motion to

modify or terminate a personal protection order within 14 days of the filing of the

motion, except that if the respondent is a person described in MCL 600.2950(2) or

600.2950a(5), the court shall schedule the hearing on the motion within 5 days after

the filing of the motion.

(3) Notice of Modification or Termination. If a personal protection order is modified

or terminated, the clerk must immediately notify the law enforcement agency specified

in the personal protection order of the change. A modified or terminated order must be

served as provided in MCR 2.107.

(B) Extension of Order.

(1) Time for Filing. The petitioner may file an ex parte motion to extend the

effectiveness of the order, without hearing, by requesting a new expiration date. The

motion must be filed with the court that issued the personal protection order no later

than 3 days before the order is to expire. The court must act on the motion within 3

days after it is filed. Failure to timely file a motion to extend the effectiveness of the

Chapter 3. Special Proceedings and Actions Page 335 Updated June 21, 2024

order does not preclude the petitioner from commencing a new personal protection

action regarding the same respondent, as provided in MCR 3.703.

(2) Notice of Extension. If the expiration date on a personal protection order is

extended, an amended order must be entered. The clerk must immediately notify the

law enforcement agency specified in the personal protection order of the change. The

order must be served on the respondent as provided in MCR 2.107.

minors or legally incapacitated individuals must proceed through a next friend, as

provided in MCR 3.703(F).

(D) Fees. There are no motion fees for modifying, terminating, or extending a personal

protection order.

ULE 3.708 CONTEMPT PROCEEDINGS FOR VIOLATION OF PERSONAL PROTECTION ORDERS

(A) In General.

(1) A personal protection order is enforceable under MCL 600.2950(23), (25),

600.2950a(23), (25), 764.15b, and 600.1701 et seq. For the purpose of this rule,

“personal protection order” includes a foreign protection order enforceable in

Michigan under MCL 600.29501.

(2) Proceedings to enforce a minor personal protection order where the respondent is

under 18 are governed by subchapter 3.900. Proceedings to enforce a personal

protection order issued against an adult, or to enforce a minor personal protection

order still in effect when the respondent is 18 or older, are governed by this rule.

(B) Motion to Show Cause.

(1) Filing. If the respondent violates the personal protection order, the petitioner may

file a motion, supported by appropriate affidavit, to have the respondent found in

contempt. There is no fee for such a motion. If the petitioner's motion and affidavit

establish a basis for a finding of contempt, the court shall either:

(a) order the respondent to appear at a specified time to answer the contempt

charge; or

(b) issue a bench warrant for the arrest of the respondent.

(2) Service. The petitioner shall serve the motion to show cause and the order on the

respondent by personal service at least 7 days before the show cause hearing.

(1) If the respondent is arrested for violation of a personal protection order as provided

in MCL 764.15b(1), the court in the county where the arrest is made shall proceed as

provided in MCL 764.15b(2)-(5), except as provided in this rule.

Chapter 3. Special Proceedings and Actions Page 336 Updated June 21, 2024

(2) A contempt proceeding brought in a court other than the one that issued the

personal protection order shall be entitled “In the Matter of Contempt of

[Respondent].” The clerk shall provide a copy of any documents pertaining to the

contempt proceeding to the court that issued the personal protection order.

(3) If it appears that a circuit judge will not be available within 24 hours after arrest,

the respondent shall be taken, within that time, before a district court, which shall set

bond and order the respondent to appear for arraignment before the family division of

the circuit court in that county.

(D) Appearance or Arraignment; Advice to Respondent. At the respondent's first

appearance before the circuit court, whether for arraignment under MCL 764.15b,

enforcement under MCL 600.2950, 600.2950a, or 600.1701, or otherwise, the court must:

(1) advise the respondent of the alleged violation,

(2) advise the respondent of the right to contest the charge at a contempt hearing,

(3) advise the respondent that he or she is entitled to a lawyer's assistance at the

hearing and, if the court determines it might sentence the respondent to jail, that the

court, or the local funding unit’s appointing authority if the local funding unit has

determined that it will provide representation to respondents alleged to have violated a

personal protection order, will appoint a lawyer at public expense if the individual

wants one and is financially unable to retain one,

(4) if requested and appropriate, appoint a lawyer or refer the matter to the appointing

authority,

(5) set a reasonable bond pending a hearing of the alleged violation,

(6) take a guilty plea as provided in subrule (E) or schedule a hearing as provided in

subrule (F).

As long as the respondent is either present in the courtroom or has waived the right to

be present, on motion of either party, the court may use telephonic, voice, or

videoconferencing technology to take testimony from an expert witness or, upon a

showing of good cause, any person at another location.

(E) Pleas of Guilty. The respondent may plead guilty to the violation. Before accepting a

guilty plea, the court, speaking directly to the respondent and receiving the respondent's

response, must

(1) advise the respondent that by pleading guilty the respondent is giving up the right

to a contested hearing and, if the respondent is proceeding without legal

representation, the right to a lawyer's assistance as set forth in subrule (D)(3),

(2) advise the respondent of the maximum possible jail sentence for the violation,

(3) ascertain that the plea is understandingly, voluntarily, and knowingly made, and

(4) establish factual support for a finding that the respondent is guilty of the alleged

violation.

Chapter 3. Special Proceedings and Actions Page 337 Updated June 21, 2024

(F) Scheduling or Postponing Hearing. Following the respondent's appearance or

arraignment, the court shall do the following:

(1) Set a date for the hearing at the earliest practicable time except as required under

MCL 764.15b.

(a) The hearing of a respondent being held in custody for an alleged violation of a

personal protection order must be held within 72 hours after the arrest, unless

extended by the court on the motion of the arrested individual or the prosecuting

attorney. The court must set a reasonable bond pending the hearing unless the

court determines that release will not reasonably ensure the safety of the

individuals named in the personal protection order.

(b) If a respondent is released on bond pending the hearing, the bond may include

any condition specified in MCR 6.106(D) necessary to reasonably ensure the

safety of the individuals named in the personal protection order, including

continued compliance with the personal protection order. The release order shall

also comply with MCL 765.6b.

separate criminal prosecution, upon motion of the prosecutor, the court may

postpone the hearing for the outcome of that prosecution.

(2) Notify the prosecuting attorney of a criminal contempt proceeding.

(3) Notify the petitioner and his or her attorney, if any, of the contempt proceeding and

direct the party to appear at the hearing and give evidence on the charge of contempt.

(G) Prosecution After Arrest. In a criminal contempt proceeding commenced under MCL

764.15b, the prosecuting attorney shall prosecute the proceeding unless the petitioner

retains his or her own attorney for the criminal contempt proceeding.

(H) The Violation Hearing.

(1) Jury. There is no right to a jury trial.

(2) Conduct of the Hearing. The respondent has the right to be present at the hearing,

to present evidence, and to examine and cross-examine witnesses. As long as the

respondent is either present in the courtroom or has waived the right to be present, on

motion of either party, and with the consent of the parties, the court may use

telephonic, voice, or videoconferencing technology to take testimony from an expert

witness or, upon a showing of good cause, any person at another location.

(3) Evidence; Burden of Proof. The rules of evidence apply to both criminal and civil

contempt proceedings. The petitioner or the prosecuting attorney has the burden of

proving the respondent's guilt of criminal contempt beyond a reasonable doubt and the

respondent's guilt of civil contempt by clear and convincing evidence.

(4) Judicial Findings. At the conclusion of the hearing, the court must find the facts

specially, state separately its conclusions of law, and direct entry of the appropriate

judgment. The court must state its findings and conclusions on the record or in a

written opinion made a part of the record.

Chapter 3. Special Proceedings and Actions Page 338 Updated June 21, 2024

(5) Sentencing.

(a) If the respondent pleads or is found guilty of criminal contempt, the court shall

impose a sentence of incarceration for no more than 93 days and may impose a

fine of not more than $500.00.

(b) If the respondent pleads or is found guilty of civil contempt, the court shall

impose a fine or imprisonment as specified in MCL 600.1715 and 600.1721.

In addition to such a sentence, the court may impose other conditions to the

personal protection order.

(I) Mechanics of Use. The use of videoconferencing technology under this rule must be in

accordance with the standards established by the State Court Administrative Office. All

proceedings at which videoconferencing technology is used must be recorded verbatim by

the court.

ULE 3.709 APPEALS

(A) Rules Applicable. Except as provided by this rule, appeals involving personal

protection order matters must comply with subchapter 7.200. Appeals involving minor

personal protection actions under the Juvenile Code must additionally comply with MCR

3.993.

(B) From Entry of Personal Protection Order.

(1) Either party has an appeal of right from

(a) an order granting or denying a personal protection order after a hearing under

subrule 3.705(B)(6), or

(b) the ruling on respondent's first motion to rescind or modify the order if an ex

parte order was entered.

(2) Appeals of all other orders are by leave to appeal.

(1) The respondent has an appeal of right from a sentence for criminal contempt

entered after a contested hearing.

(2) All other appeals concerning violation proceedings are by application for leave.

ULE 3.715 DEFINITIONS

When used in MCR 3.716-3.722, unless the context otherwise indicates:

(1) “Complaint.” An individual seeking an extreme risk protection order is petitioning a

court for relief. However, the Legislature uses the terms “complaint” and “summons”

throughout the Extreme Risk Protection Order Act, MCL 691.1801 et seq., rather than the

term “petition.” Therefore, for the purposes of MCR 3.716-3.722 only, a complaint means

Chapter 3. Special Proceedings and Actions Page 339 Updated June 21, 2024

the act of petitioning the court to issue an extreme risk protection order. Petitioning the

court in this manner commences an independent action for an extreme risk protection

order and is not considered a motion as defined in MCR 2.119.

(2) “Dating relationship” means that term as defined in MCL 691.1803.

(3) “Existing action” means an action in any court in which both the petitioner and the

respondent are parties; existing action includes, but is not limited to, pending and

completed domestic relations actions, and other actions for personal protection or extreme

risk protection orders.

(4) “Extreme risk protection order” means that term as defined in MCL 691.1803.

(5) “Family member,” “guardian,” “health care provider,” “law enforcement agency,” and

“law enforcement officer,” mean those terms as defined in MCL 691.1803.

(6) “Minor” means a person under the age of 18.

(7) “Petitioner” means the party seeking an extreme risk protection order.

(8) “Possession or control” means that term as defined in MCL 691.1803.

(9) “Respondent” means the party to be restrained by the extreme risk protection order.

ULE 3.716 COMMENCING AN EXTREME RISK PROTECTION ACTION

(A) Filing.

(1) An extreme risk protection action is an independent action commenced by filing a

complaint with the family division of the circuit court. A complaint may be filed

regardless of whether the respondent owns or possesses a firearm. A proposed extreme

risk protection order must be prepared on a form approved by the State Court

Administrative Office and submitted at the same time as the complaint. When

completing the proposed order, the petitioner must complete the case caption and the

known fields with identifying information, including the race, sex, and date of birth or

age of the respondent. The personal identifying information form approved by the

State Court Administrative Office does not need to be completed or filed in extreme

risk protection actions. There are no fees for filing an extreme risk protection action,

and no summons is issued. An extreme risk protection action may not be commenced

by filing a motion in an existing case or by joining a claim to an action.

(2) An extreme risk protection action may only be commenced by the following

individuals:

(a) the spouse of the respondent;

(b) a former spouse of the respondent;

Chapter 3. Special Proceedings and Actions Page 340 Updated June 21, 2024

(i) has a child in common with the respondent,

(ii) has or has had a dating relationship with the respondent, or

(iii) resides or has resided in the same household with the respondent;

(d) a family member;

(e) a guardian of the respondent;

(f) a law enforcement officer; or

(g) a health care provider, if filing and maintaining the action does not violate

requirements of the health insurance portability and accountability act of 1996,

Public Law 104-191, or regulations promulgated under that act, 45 CFR parts 160

and 164, or physician-patient confidentiality.

(B) Complaint in General. The complaint must

(1) be in writing;

(2) state the respondent’s name and address;

(3) state with particularity any facts that show the issuance of an extreme risk

protection order is necessary because the respondent can reasonably be expected

within the near future to intentionally or unintentionally seriously physically injure

themselves or another individual by possessing a firearm, and has engaged in an act or

acts or made significant threats that are substantially supportive of the expectation,

including facts that address the factors in MCL 691.1807(1) that the court must

consider when determining whether to issue an extreme risk protection order;

(4) if known by the petitioner, state whether any following circumstances are

applicable:

(a) the respondent is required to carry a pistol as a condition of the respondent’s

employment and is issued a license to carry a concealed pistol,

(b) the respondent is any of the following:

(i) a police officer licensed or certified under the Michigan Commission on

Law Enforcement Standards Act (MCOLES), MCL 28.601 to MCL 28.615,

(ii) a sheriff or deputy sheriff,

(iii) a member of the Department of State Police,

(iv) a local corrections officer,

(v) an employee of the Michigan Department of Corrections, or

(vi) a federal law enforcement officer who carries a pistol during the normal

course of the officer’s employment or an officer of the Federal Bureau of

Prisons,

(5) state whether the petitioner knows or believes that the respondent owns or

possesses firearms and, to the extent possible, identify the firearms, giving their

Chapter 3. Special Proceedings and Actions Page 341 Updated June 21, 2024

location and any additional information that would help a law enforcement officer find

the firearms;

(6) state the relief sought;

(7) state whether an ex parte order is being sought and, if so, state with particularity

the facts that show the issuance of an ex parte order is necessary because

(a) immediate and irreparable injury, loss, or damage will result from the delay

required to effectuate notice, or

(b) the notice will itself precipitate adverse action before an order can be issued,

(8) state whether an extreme risk protection action involving the respondent has been

commenced in another jurisdiction and, if so, identify the jurisdiction;

and

(9) be signed by the party or attorney as provided in MCR 1.109(E). If the complaint

requests an ex parte order, the complaint must also comply with MCR 3.718(A)(2).

manner. The petitioner must provide the court with an address and contact information,

including an email address and telephone number if available, in the form and manner

established by the State Court Administrative Office. The clerk of the court must maintain

the petitioner’s address as confidential in the court file.

(D) Complaint Against a Minor. In addition to the requirements outlined in subrule (B), a

complaint against a minor must also list, if known or can be easily ascertained, the names

and addresses of the minor’s parent(s), guardian, or custodian.

(E) Other Existing Actions; Order, Judgments.

(1) The complaint must specify whether there are any other existing actions in this or

any other court, or orders or judgments already entered by this or any other court

affecting the parties, including the name of the court and the case number, if known.

(a) If the complaint is filed in the same court as an existing action or where an

order or judgment has already been entered by that court affecting the parties, it

shall be assigned to the same judge.

(b) If there are existing actions in another court or orders or judgments already

entered by another court affecting the parties, the court may contact the court

where the existing actions were filed or orders or judgments were entered, if

practicable, to determine any relevant information.

(2) If the prior action resulted in an order providing for continuing jurisdiction of a

minor, and the new action requests relief with regard to the minor, the court must

comply with MCR 3.205.

(F) Venue.

Chapter 3. Special Proceedings and Actions Page 342 Updated June 21, 2024

(1) If the respondent is an adult, the petitioner may file an extreme risk protection

action in any county in Michigan regardless of the parties’ residency or location.

(2) If the respondent is a minor, the petitioner must file an extreme risk protection

action in either the petitioner’s or respondent’s county of residence.

(3) If the respondent does not live in Michigan, the petitioner must file an extreme risk

protection action in the petitioner’s county of residence.

(G) Minor or Legally Incapacitated Individual as Petitioner or Respondent. If a petitioner

or respondent is a minor or a legally incapacitated individual, the court must appoint a

next friend or guardian ad litem as provided by MCR 2.201(E).

ULE 3.717 DISMISSALS

Except as specified in MCR 3.718(B), MCR 3.718(D), and MCR 3.720, an action for an

extreme risk protection order may only be dismissed upon motion by the petitioner prior to the

issuance of an order. There is no fee for such a motion. This rule does not preclude a dismissal as

otherwise permitted by law.

ULE 3.718 ISSUING EXTREME RISK PROTECTION ORDERS

(A) Ex Parte Orders. Except as otherwise provided in this rule:

(1) The court must rule on a request for an ex parte order within one business day of

the filing date of the complaint. The court must expedite and give priority to ruling on

a request for an ex parte order.

(2) An ex parte order must be granted if it clearly appears from the specific facts

shown by a verified, written complaint that

(a) by a preponderance of the evidence after considering the factors identified in

MCL 691.1807(1), the respondent can reasonably be expected within the near

future to intentionally or unintentionally seriously physically injure themselves or

another individual by possessing a firearm, and has engaged in an act or acts or

made significant threats that substantially support the expectation that the

respondent will intentionally or unintentionally seriously physically injure

themselves or another individual by possessing a firearm; and

(b) pursuant to MCL 691.1807(2), there is clear and convincing evidence that

immediate and irreparable injury, loss, or damage will result from the delay

required to effectuate notice or that the notice will itself precipitate adverse action

before an order can be issued.

(3) An ex parte order expires one year after the date of issuance.

(4) If an ex parte order is entered, the complaint and order must be served as provided

in MCR 3.719(B). However, failure to effectuate service does not affect the order’s

validity or effectiveness.

Chapter 3. Special Proceedings and Actions Page 343 Updated June 21, 2024

(5) If the court refuses to grant an ex parte order, it must immediately state the reasons

in writing and advise the petitioner of the right to request a hearing as provided in

subrule (D). If the petitioner does not request a hearing within 21 days of entry of the

order, the order denying the complaint is final.

(B) Immediate Emergency Ex Parte Orders.

(1) A petitioner who is a law enforcement officer may verbally request by telephone

that a judge or magistrate on duty within that jurisdiction immediately issue an

emergency ex parte order under subrule (A) if the officer is responding to a complaint

involving the respondent and the respondent can reasonably be expected within the

near future to intentionally or unintentionally seriously physically injure the

respondent or another individual by possessing a firearm.

(2) The judge or magistrate must immediately rule on a verbal request made under this

subrule, and if the judge or magistrate issues an immediate emergency ex parte order,

(a) the officer must notify the respondent of the order and advise where they can

obtain a copy of the order;

(b) within one business day, the officer must file a sworn written petition detailing

the facts and circumstances presented verbally to the judge or magistrate; and

must, unless good cause is shown,

(i) terminate the immediate emergency ex parte order,

(ii) order that the respondent, subject to the restrictions in MCL 691.1815, may

reclaim any seized firearm(s), and

(iii) dismiss the case.

(3) In each county, the circuit court must file for approval with the state court

administrator a plan to make a judge or magistrate on duty and available each day of

the year to immediately review and rule on a verbal request made under this subrule.

The court must provide their approved plan to all law enforcement agencies within

their jurisdiction.

surrendered, the law enforcement officer serving the order pursuant to MCR 3.719(B)(2)

may file an affidavit requesting that the court issue an anticipatory search warrant

authorizing a law enforcement agency to search the location or locations where the

firearm(s) or concealed pistol license is believed to be and to seize any firearm(s) or

concealed pistol license discovered during the search in compliance with 1966 PA 189,

MCL 780.651 to 780.659. The law enforcement officer’s affidavit may include

affirmative allegations contained in the complaint. An anticipatory search warrant issued

under this subrule is subject to and contingent on the failure or refusal of the respondent,

following service of the order, to immediately comply with the order and immediately

surrender to a law enforcement officer any firearm or concealed pistol license in the

individual’s possession or control. The court must issue the anticipatory search warrant if

Chapter 3. Special Proceedings and Actions Page 344 Updated June 21, 2024

the affidavit establishes probable cause to believe that if the respondent refuses to

immediately comply with the order, there is a fair probability that the respondent’s

firearm(s) or concealed pistol license will be found in the location or locations to be

searched.

(D) Hearing.

(1) The court must expedite and give priority to hearings required by the extreme risk

protection act.

(2) The court must schedule a hearing for the issuance of an extreme risk protection

order in the following instances:

(a) The complaint does not request an ex parte order. If the petitioner does not

request an ex parte order, the hearing must occur within 14 days of the date the

complaint is filed.

(b) The court refuses to enter an ex parte order and the petitioner timely requests a

hearing. If the court refuses to enter an ex parte order, the hearing must occur

within 14 days of the petitioner’s request for a hearing.

(3) If the court enters an ex parte order or an immediate emergency ex parte order and

the respondent requests a hearing, the hearing must occur

(a) unless subrule (3)(b) applies, within 14 days after the order is served on the

respondent or after the respondent receives actual notice of the order. A respondent

must request this hearing within 7 days after the order is served or after the

respondent receives actual notice of the order.

(b) within 5 days, excluding weekends and holidays if the court is closed to the

public, after the order is served on the respondent or after the respondent receives

actual notice of the order, if the respondent is an individual described in MCL

691.1805(5). A respondent must request this hearing within 3 days after the order

is served or after the respondent receives actual notice of the order. If the court is

closed to the public upon the expiration of this 3-day period, the request must be

made not later than the next business day. To ensure timely notice, the clerk of the

court must notify the petitioner of this hearing at the email address and telephone

number provided by the petitioner under MCR 3.716(C).

A respondent waives their right to a hearing on an ex parte order under subrule

(D)(2)(c) if the respondent does not request a hearing within the timeframes specified

in subrules (D)(3)(a) and (D)(3)(b).

(4) The petitioner must serve on the respondent the complaint and notice of the

hearing as provided in MCR 2.105(A), for a hearing scheduled under subrules

(D)(2)(a)-(b). If the respondent is a minor, and the whereabouts of the respondent’s

parent(s), guardian, or custodian are known, the petitioner must also in the same

manner serve the complaint and notice of the hearing on the respondent’s parent(s),

guardian, or custodian. The clerk of the court must serve the respondent’s request for a

hearing under subrule (D)(2)(c) on the petitioner, as provided in MCR 2.107(C) and

Chapter 3. Special Proceedings and Actions Page 345 Updated June 21, 2024

subrule (D)(3)(b), due to the confidential nature of the petitioner’s address unless the

petitioner electronically filed the case under MCR 1.109(G) and the respondent has

registered with the electronic-filing system. In that instance, the respondent must serve

the petitioner electronically at the petitioner’s registered email address. If the

respondent is a person described in MCL 691.1805(5), providing notice one day

before the hearing is deemed as sufficient notice to the petitioner.

(5) The hearing must be held on the record. In accordance with MCR 2.407 and MCR

2.408, the court may allow the use of videoconferencing technology.

(6) The petitioner must attend the hearing and carries the burden of proving, by a

preponderance of the evidence, that the respondent can reasonably be expected within

the near future to, intentionally or unintentionally, seriously physically injure

themselves or another individual by possessing a firearm and has engaged in an act or

acts or made significant threats that are substantially supportive of the expectation. If

the petitioner fails to attend the hearing, the court may adjourn and reschedule the

hearing or dismiss the complaint.

(7) If the respondent fails to appear at a hearing on the complaint under subrules

(D)(2)(a)-(b) and the court determines the petitioner made diligent attempts to serve

the respondent, whether the respondent was served or not, the order may be entered

without further notice to the respondent if the court determines an extreme risk

protection order is necessary. If the respondent fails to appear at a hearing on the

complaint requested under subrule (D)(2)(c), the court may adjourn and reschedule the

hearing or continue the order without further hearing.

(8) At the hearing, the court must consider the factors identified in MCL 691.1807(1)

and state on the record the reasons for granting, denying, or continuing an extreme risk

protection order and enter an appropriate order. Additionally, the court must

immediately state the reasons for granting, denying, or continuing an extreme risk

protection order in writing.

ULE 3.719 ORDERS

(A) Form and Scope of Order. An order granting an extreme risk protection order must

include the following provisions:

(1) Respondent Responsibilities. The respondent must complete the filing

requirements contained in subrule (D)(1). A failure to comply with the filing

requirements will result in the issuance of either a warrant or an order to show cause

why the respondent should not be held in contempt of court.

(2) Purchase/Possession of Firearms. The respondent must not purchase or possess a

firearm. If the respondent has been issued a license under MCL 28.422 that the

respondent has not used and that is not yet void, the respondent must not use it and

must surrender it to the law enforcement agency designated under MCL

691.1809(1)(g).

(3) Concealed Carry Licenses. The respondent must not apply for a concealed pistol

license. If the respondent has been issued a license to carry a concealed pistol, the

Chapter 3. Special Proceedings and Actions Page 346 Updated June 21, 2024

license will be suspended or revoked under MCL 28.428 once the extreme risk

protection order is entered into the law enforcement information network (LEIN). The

respondent must surrender the license to carry a concealed pistol as required by MCL

28.428.

(4) Firearm Surrender. The respondent must, within 24 hours, or at the court’s

discretion, immediately after being served with the order, surrender any firearms in the

respondent’s possession or control to the law enforcement agency designated under

MCL 691.1809(1)(g), or if allowed as ordered by the court, to a licensed firearm

dealer on the list prepared under MCL 691.1818.

If the court orders the respondent to immediately surrender the individual’s firearms,

the order must include a statement that the law enforcement agency designated under

MCL 691.1809(1)(g) must proceed to seize the respondent’s firearms after the

respondent is served with or receives actual notice of the extreme risk protection order,

after giving the respondent an opportunity to surrender the respondent’s firearms.

Unless the petitioner is a law enforcement officer or health care provider, there is a

presumption that the respondent will have 24 hours to surrender the firearms.

(5) Firearm Description. If the petitioner has identified any firearms in the complaint,

a specific description of the firearms to be surrendered or seized.

(6) Hearing Request. If the extreme risk protection order was issued without written or

oral notice to the respondent, the order must include a statement that the respondent

may request and attend a hearing to modify or rescind the order as provided in MCR

3.718(D)(3).

(7) Motions. A statement that the respondent may file a motion to modify or rescind

the order as allowed under MCL 691.1801 et seq., and that motion forms and filing

instructions are available from the clerk of the court.

(8) Law Enforcement Agency Designation. A designation of the law enforcement

agency that is responsible for forwarding the order to the Federal Bureau of

Investigation under MCL 691.1815(1). The designated law enforcement agency must

be an agency within whose jurisdiction the respondent resides.

(9) LEIN Entry. Directions to a local entering authority or the law enforcement agency

designated under MCL 691.1809(1)(g) to enter the order into LEIN.

(10) Order Violations. A statement that violating the order will subject the respondent

to the following:

(a) immediate arrest;

(b) contempt of court;

(d) criminal penalties, including imprisonment for up to one year for an initial

violation and up to five years for a subsequent violation.

(11) Right to Attorney. A statement that the respondent has the right to seek the advice

of, and be represented by, an attorney.

Chapter 3. Special Proceedings and Actions Page 347 Updated June 21, 2024

(12) Expiration Date. An expiration date that is one year after the date of issuance.

(B) Service.

(1) Except as provided in subrule (B)(2), the petitioner must serve the order on the

respondent as provided in MCR 2.105(A). If the respondent is a minor, and the

whereabouts of the respondent’s parent(s), guardian, or custodian is known, the

petitioner must also in the same manner serve the order on the respondent’s parent(s),

guardian, or custodian. On an appropriate showing, the court may allow service in

another manner as provided in MCR 2.105(J). Failure to serve the order does not

affect its validity or effectiveness.

(2) If the court ordered the immediate surrender of the respondent’s firearms, the order

must be served personally by a law enforcement officer.

(3) Proof of service must be filed with the court within one business day after service.

described in MCL 691.1813(3), proof of the notification must be filed with the court by

the law enforcement officer within one business day after the notification.

(D) Respondent Responsibilities.

(1) Not later than 24 hours after the respondent receives a copy of the extreme risk

protection order or has actual notice of the order, the respondent must do one of the

following:

(a) File with the court that issued the order one or more documents or other

evidence verifying that all of the following are true:

(i) All firearms previously in the respondent’s possession or control were

surrendered to or seized by the local law enforcement agency designated under

MCL 691.1809(1)(g), or if allowed as ordered by the court, to a licensed

firearm dealer on the list prepared under MCL 691.1818.

(ii) Any concealed pistol license was surrendered to or seized by the local law

enforcement agency designated under MCL 691.1809(1)(g) or surrendered to

the county clerk as required by the order and MCL 28.428.

(iii) At the time of the verification, the respondent does not have any firearms

or a concealed pistol license in the respondent’s possession or control.

(b) File with the court that issued the order one or more documents or other

evidence verifying that both of the following are true:

(i) At the time the order was issued, the respondent did not have a firearm or

concealed pistol license in the respondent’s possession or control.

(ii) At the time of the verification, the respondent does not have a firearm or

concealed pistol license in the respondent’s possession or control.

If the court is closed when the 24-hour period expires, the respondent must

complete the required filing not later than the next business day.

Chapter 3. Special Proceedings and Actions Page 348 Updated June 21, 2024

(2) Failure to File. The clerk of the court must review the proof of service filed with

the court and determine whether the respondent has complied with the filing

requirements of subrule (D)(1). If the respondent has not complied with the filing

requirements of subrule (D)(1), the clerk and the court must take the following actions:

(a) Clerk of the Court. The clerk of the court must notify the local law enforcement

agency identified in MCL 691.1809(1)(g) and the assigned judge of the failure to

comply with the filing requirements. If this notice is provided, the clerk of the

court must again notify the local law enforcement agency and the assigned judge

when the respondent has complied with the filing requirements.

(b) Court. The court must issue either a bench warrant or an order to show cause to

initiate contempt proceedings as identified in MCR 3.721. If issuing an order to

show cause, the hearing must be scheduled within 5 days of the date the proof of

service is filed with the court. The court may recall the bench warrant or cancel the

order to show cause if the respondent makes the required filings identified in

subrule (D)(1). If the respondent fails to appear for the show cause hearing, the

court must issue a bench warrant.

If the court issues a bench warrant under this subrule, a law enforcement officer

may file an affidavit requesting that the court issue a search warrant to search the

location or locations where the firearm(s) or concealed pistol license is believed to

be and to seize any firearm(s) or concealed pistol license discovered during the

search. The law enforcement officer’s affidavit may include affirmative

allegations contained in the complaint. If the affidavit establishes probable cause

to believe the location or locations to be searched are places where the firearm(s)

or concealed pistol license is believed to be, the court must issue the search

warrant.

(E) Clerk of the Court Responsibilities. The clerk of the court that issues an extreme risk

protection order must complete the actions identified in MCL 691.1811.

ULE 3.720 MODIFICATION, TERMINATION, OR EXTENSION OF ORDER

(A) Modification or Termination.

(1) Time for Filing and Number of Motions.

(a) The petitioner may file a motion to modify or terminate the extreme risk

protection order and request a hearing at any time after the extreme risk protection

order is issued.

(b) In addition to requesting a hearing under MCR 3.718(D)(3), the respondent

may file one motion to modify or terminate an extreme risk protection order during

the first six months that the order is in effect and one motion during the second six

months that the order is in effect. If the order is extended under subrule (B), the

respondent may file one motion to modify or terminate the order during the first

six months that the extended order is in effect, and one motion during the second

six months that the extended order is in effect. If the respondent files more than

Chapter 3. Special Proceedings and Actions Page 349 Updated June 21, 2024

one motion during these times, the court must review the motion before a hearing

is held and may summarily dismiss the motion without a response from the

petitioner and without a hearing.

evidence that the respondent no longer poses a risk to seriously physically injure

another individual or the respondent by possessing a firearm.

(2) Service. The nonmoving party must be served, as provided in MCR 2.107 at the

mailing address or addresses provided to the court, the motion to modify or terminate

the order and the notice of hearing at least 7 days before the hearing date. The

petitioner must serve the petitioner’s motion on the respondent. The clerk of the court

must serve the respondent’s motion on the petitioner due to the confidential nature of

the petitioner’s address unless the petitioner electronically filed the case under MCR

1.109(G) and the respondent has registered with the electronic-filing system. In that

instance, the respondent must serve the petitioner electronically at the petitioner’s

registered email address.

(3) Hearing on the Motion. The court must schedule and hold a hearing on a motion to

modify or terminate an extreme risk protection order within 14 days of the filing of the

motion.

(4) Notice of Modification or Termination. If an extreme risk protection order is

modified or terminated, the clerk must immediately notify the law enforcement agency

specified in the extreme risk protection order of the change. A modified or terminated

order must be served on the respondent as provided in MCR 2.107.

(5) If the extreme risk protection order expires or is terminated, the court must order,

subject to the restrictions in MCL 691.1815, that the respondent may reclaim any

seized firearm(s). Upon the motion of the respondent, the court may also order, at any

time, the transfer of the respondent’s firearm(s) seized by law enforcement under the

extreme risk protection order to a licensed firearm dealer if the respondent sells or

transfers ownership of the firearm to the dealer.

(B) Extension of Order.

(1) Motions.

(a) Time for Filing and Service. Upon motion by the petitioner or the court’s own

motion, the court may issue an extended extreme risk protection order that is

effective for one year after the expiration of the preceding order. The respondent

must be served the motion to extend the order and the notice of hearing at least 7

days before the hearing date as provided in MCR 2.107 at the mailing address or

addresses provided to the court. The petitioner must serve the petitioner’s motion

on the respondent. The clerk of the court must serve both the petitioner and

respondent if upon the court’s own motion. Failure to timely file a motion to

extend the effectiveness of the order does not preclude the petitioner from

commencing a new extreme risk protection action regarding the same respondent,

as provided in MCR 3.716.

Chapter 3. Special Proceedings and Actions Page 350 Updated June 21, 2024

(b) Legal Standard. The court must only issue the extended order under this

subrule if the preponderance of the evidence shows that the respondent can

reasonably be expected within the near future to intentionally or unintentionally

seriously physically injure themselves or another individual by possessing a

firearm and has engaged in an act or acts or made significant threats that are

substantially supportive of the expectation.

(2) Automatic Extensions. If the court or a jury finds that the respondent has refused or

failed to comply with an extreme risk protection order, the court that issued the order

must issue an extended extreme risk protection order effective for 1 year after the

expiration of the preceding order.

(3) Notice of Extension. If the court issues an extended extreme risk protection order,

it must enter an amended order. The clerk must immediately notify the law

enforcement agency specified in the extreme risk protection order if the court enters an

amended order. The petitioner must serve an amended order on the respondent as

provided in MCR 2.107.

minors or legally incapacitated individuals must proceed through a next friend, as

provided in MCR 3.716(G).

(D) Fees. There are no motion fees for modifying, terminating, or extending an extreme

risk protection order.

ULE 3.721 CONTEMPT PROCEEDINGS FOR VIOLATION OF EXTREME RISK PROTECTION ORDER

(A) In General. An extreme risk protection order is enforceable under MCL 691.1810(4)-

(5), MCL 691.1815(4), and MCL 691.1819.

(B) Motion to Show Cause.

(1) Filing. If the respondent violates the extreme risk protection order, the prosecuting

attorney for the county in which the order was issued or a law enforcement officer may

file a motion, supported by appropriate affidavit, to have the respondent found in

contempt. There is no fee for such a motion. If the motion and affidavit establish

probable cause for a finding of contempt, the court must either:

(a) order the respondent to appear at a specified time to answer the contempt

charge; or

(b) issue a bench warrant for the arrest of the respondent.

(2) Service. If issuing an order to show cause, the hearing must be held within 5 days.

The prosecuting attorney or law enforcement officer must serve the motion to show

cause and the order on the respondent and petitioner as provided in MCR 2.107.

pistol license in the respondent’s possession or control, a law enforcement officer or

Chapter 3. Special Proceedings and Actions Page 351 Updated June 21, 2024

prosecuting attorney may also file an affidavit requesting that the court issue a search

warrant to search the location or locations where the firearm(s) or concealed pistol license

is believed to be and to seize any firearm(s) or concealed pistol license discovered during

the search. The law enforcement officer’s affidavit may include affirmative allegations

contained in the complaint. If the affidavit establishes probable cause to believe the

location or locations to be searched are places where the firearm(s) or concealed pistol

license is believed to be, the court must issue the search warrant.

(D) Arraignment; Advice to Respondent.

At the respondent’s first appearance before the court for arraignment on contempt of

court, the court must:

(1) advise the respondent

(a) of the alleged violation,

(b) of the right to contest the charge at a contempt hearing, and

determines it might sentence the respondent to jail, that the court, or the local

funding unit’s appointing authority if the local funding unit has determined that it

will provide representation to respondents alleged to have violated an extreme risk

protection order, will appoint a lawyer at public expense if the individual wants

one and is financially unable to retain one;

(2) if requested and appropriate, appoint a lawyer or refer the matter to the appointing

authority;

(3) set a reasonable bond pending a hearing of the alleged violation; and

(4) take a guilty plea as provided in subrule (E) or schedule a hearing as provided in

subrule (F).

(E) Pleas of Guilty. The respondent may plead guilty to the violation. Before accepting a

guilty plea, the court, speaking directly to the respondent and receiving the respondent’s

response, must:

(1) advise the respondent

(a) that by pleading guilty the respondent is giving up the right to a contested

hearing, and if the respondent is proceeding without legal representation, the right

to a lawyer’s assistance as set forth in subrule (D)(1)(c);

(b) of the maximum possible jail sentence for the violation; and

will automatically extend the duration of the extreme risk protection order for 1

year after the expiration of the preceding order;

(2) ascertain that the plea is understandingly, voluntarily, and knowingly made; and

Chapter 3. Special Proceedings and Actions Page 352 Updated June 21, 2024

(3) establish factual support for a finding that the respondent is guilty of the alleged

violation.

(F) Scheduling or Postponing Hearing. Following the respondent’s appearance or

arraignment, the court shall do the following:

(1) Set a date for the hearing at the earliest practicable time.

(a) The hearing of a respondent being held in custody for an alleged violation of an

extreme risk protection order must be held within 72 hours after the arrest, unless

extended by the court on the motion of the arrested individual or the prosecuting

attorney. The court must set a reasonable bond pending the hearing unless the

court determines that release will not reasonably ensure the safety of the

respondent or any other individual(s).

(b) If a respondent is released on bond pending the hearing, the bond may include

any condition specified in MCR 6.106(D) necessary to reasonably ensure the

safety of the respondent and other individuals, including continued compliance

with the extreme risk protection order. The release order shall comply with MCL

765.6b.

separate criminal prosecution, upon motion of the prosecutor, the court may

postpone the hearing for the outcome of that prosecution.

(2) Notify the prosecuting attorney of the contempt proceeding.

(3) Notify the petitioner and the petitioner’s attorney, if any, and the law enforcement

officer that filed the motion, if applicable, of the contempt proceeding and direct the

party to appear at the hearing and give evidence on the charge of contempt.

(G) Prosecution After Arrest. If the court holds a contempt proceeding, the prosecuting

attorney must prosecute the proceeding.

(H) The Violation Hearing.

(1) Jury. There is no right to a jury trial.

(2) Conduct of the Hearing. The respondent has the right to be present at the hearing,

to present evidence, and to examine and cross-examine witnesses.

(3) Evidence; Burden of Proof. The rules of evidence apply to both criminal and civil

contempt proceedings. The prosecuting attorney has the burden of proving the

respondent’s guilt of criminal contempt beyond a reasonable doubt and the

respondent’s guilt of civil contempt by clear and convincing evidence.

(4) Judicial Findings. At the conclusion of the hearing, the court must find the facts

specifically, state separately its conclusion of law, and direct entry of the appropriate

judgment. The court must state its findings and conclusion on the record or in a written

opinion made a part of the record.

Chapter 3. Special Proceedings and Actions Page 353 Updated June 21, 2024

(5) Sentencing. If the respondent is found in contempt, the court may impose sanctions

as provided by MCL 600.1701 et seq.

ULE 3.722 APPEALS

(A) Rules Applicable. Except as provided by this rule, appeals involving an extreme risk

protection order must comply with subchapter 7.200.

(B) From Entry of Extreme Risk Protection Order.

(1) Either party has an appeal of right from:

(a) an order granting, denying, or continuing an extreme risk protection order after

a hearing under MCR 3.718(D).

(b) an order granting or denying an extended extreme risk protection order after a

hearing under MCR 3.720(B).

(2) Appeals of all other orders are by leave to appeal.

judgment of sentence for criminal contempt entered after a contested hearing.

SUBCHAPTER 3.800 ADOPTION

RULE 3.800 APPLICABLE RULES; INTERESTED PARTIES; INDIAN CHILD

(A) Generally. Except as modified by the rules in this chapter, adoption proceedings, are

governed by Michigan Court Rules.

(B) Interested Parties.

(1) The persons interested in various adoption proceedings, including proceedings

involving an Indian child, are as provided by MCL 710.24a except as otherwise

provided in subrules (2) and (3).

(2) If the court knows or has reason to know the adoptee is an Indian child, in addition

to subrule (B)(1), the persons interested are the Indian child’s tribe and the Indian

custodian, if any, and, if the Indian child’s parent or Indian custodian, or tribe, is

unknown, the Secretary of the Interior.

(3) The interested persons in a petition to terminate the rights of the noncustodial

parent pursuant to MCL 710.51(6) are:

(a) the petitioner;

(b) the adoptee, if over 14 years of age;

Chapter 3. Special Proceedings and Actions Page 354 Updated June 21, 2024

(d) if the court knows or has reason to know the adoptee is an Indian child, the

Indian child’s tribe and the Indian custodian, if any, and, if the Indian child’s

parent or Indian custodian, or tribe, is unknown, the Secretary of the Interior.

ULE 3.801 DOCUMENTS, EXECUTION

(A) A waiver, affirmation, or disclaimer to be executed by the father of a child born out of

wedlock may be executed any time after the conception of the child. If a putative father

acknowledges paternity, he must receive notice of the hearing if the child is an Indian

child.

(B) A release or consent is valid if executed in accordance with the law at the time of

execution.

ULE 3.802 MANNER AND METHOD OF SERVICE

(A) Service of Documents.

(1) A notice of intent to release or consent pursuant to MCL 710.34(1) may only be

served by personal service by a peace officer or a person authorized by the court.

(2) Notice of a petition to identify a putative father and to determine or terminate his

rights, or a petition to terminate the rights of a parent under MCL 710.51(6), must be

served on the individual or the individual's attorney in the manner provided in:

(a) MCR 2.107(C)(1) or (2), or

(b) MCR 2.105(A)(2), but service is not made for purpose of this subrule until the

individual or the individual’s attorney receives the notice or petition.

(3) Notice of Proceeding Concerning Indian Child.

If the court knows or has reason to know an Indian child is the subject of an adoption

proceeding and an Indian tribe does not have exclusive jurisdiction as defined in MCR

3.002(6),

(a)in addition to any other service requirements, the petitioner shall notify the

parent or Indian custodian and the Indian child’s tribe, by personal service or by

registered mail with return receipt requested and delivery restricted to the

addressee, of the pending proceedings on a petition for adoption of the Indian child

and of their right of intervention on a form approved by the State Court

Administrative Office. If the identity or location of the parent or Indian custodian,

or of the Indian child’s tribe, cannot be determined, notice shall be given to the

Secretary of the Interior by registered mail with return receipt requested.

(b)the court shall notify the parent or Indian custodian and the Indian child’s tribe

of all other hearings pertaining to the adoption proceeding as provided in this rule.

If the identity or location of the parent or Indian custodian, or of the tribe, cannot

Chapter 3. Special Proceedings and Actions Page 355 Updated June 21, 2024

be determined, notice of the hearings shall be given to the Secretary of the Interior.

Such notice may be made by first-class mail.

(4) Except as provided in subrules (B) and (C), all other documents may be served by

mail under MCR 2.107(C)(3), e-mail under MCR 2.107(C)(4), or electronic service

under MCR 1.109(G)(6)(a).

(B) Service When Identity or Whereabouts of Father are Unascertainable

(1) If service cannot be made under subrule (A)(2) because the identity of the father of

a child born out of wedlock or the whereabouts of the identified father has not been

ascertained after diligent inquiry, the petitioner must file proof of the efforts made to

identify or locate the father in a statement verified under MCR 1.109(D)(3). No further

service is necessary before the hearing to identify the father and to determine or

terminate his rights.

(2) At the hearing, the court shall take evidence concerning the attempt to identify or

locate the father. If the court finds that a reasonable attempt was made, the court shall

proceed under MCL 710.37(2). If the court finds that a reasonable attempt was not

made, the court shall adjourn the hearing under MCL 710.36(7) and shall

(a) order a further attempt to identify or locate the father so that service can be

made under subrule (A)(2)(a), or

(b) direct any manner of substituted service of the notice of hearing except service

by publication.

terminate the parental rights of a parent pursuant to MCL 710.51(6) cannot be made under

subrule (A)(2) because the whereabouts of that parent have not been ascertained after

diligent inquiry, the petitioner must file proof of the efforts made to locate that parent in a

statement verified under MCR 1.109(D)(3). If the court finds, on reviewing the statement,

that service cannot be made because the whereabouts of the person have not been

determined after reasonable efforts, the court may direct any manner of substituted service

of the notice of hearing, including service by publication.

(D) Service by Publication.

(1) Requirements. A notice of hearing or other notice required to be made by

publication must be published in a newspaper as defined by MCR 2.106(F) at least one

time 21 days before the date of the hearing. Publication shall be in the county in which

the court is located.

(2) Contents of Notice. The published notice must include the name of the individual

to whom the notice is given, a statement describing the nature of the hearing, and a

statement that the result of the hearing may affect the individual’s interest in the

matter, including possible termination of parental rights.

(3) Service of Notice. A copy of the notice shall be mailed to the individual to whom

the notice is given at his or her last known address. If the last known address of the

Chapter 3. Special Proceedings and Actions Page 356 Updated June 21, 2024

individual cannot be ascertained after diligent inquiry, mailing a copy of the notice is

not required.

(4) Proof of service under this subrule shall be made according to MCR 2.106(G).

ULE 3.803 FINANCIAL REPORTS, SUBSEQUENT ORDERS

(A) Updated Accounting and Statements.

(1) The update of the accounting filed pursuant to MCL 710.54(8) may include by

reference the total expenses itemized in the accounting required by MCL 710.54(7).

(2) Any verified statement filed pursuant to MCL 710.54(7) need not be filed again

unless, at the time of the update required by MCL 710.54(8), any such statement does

not reflect the facts at that time.

(B) Subsequent Orders.

(1) Only one order approving fees disclosed in the financial reports by MCL 710.54(7)

need be entered, and it must be entered after the filing required by MCL 710.54(8).

(2) The order placing the child may be entered before the elapse of the 7-day period

required by MCL 710.54(7).

(3) The final order of adoption may be entered before the elapse of the 21-day period

required by MCL 710.54(8).

ULE 3.804 CONSENT AND RELEASE

(A) Contents and Execution of Consent or Release; Indian Child.

In addition to the requirements of MCL 710.29 or MCL 710.44, if a parent of an Indian

child intends to voluntarily consent to adoptive placement or the termination of his or her

parental rights for the express purpose of adoption pursuant to MCL 712B.13, the

following requirements must be met:

(1)except in stepparent adoptions under MCL 710.23a(4), both parents must consent.

(2)to be valid, consent must be executed on a form approved by the State Court

Administrative Office, in writing, recorded before a judge of a court of competent

jurisdiction, and accompanied by the presiding judge's certificate that the terms and

consequences of the consent were fully explained in detail and were fully understood

by the parent. The court shall also certify that either the parent fully understood the

explanation in English or that it was interpreted into a language that the parent

understood. Any consent given before, or within 10 days after, the birth of the Indian

child is not valid.

(3)the consent must contain the information prescribed by MCL 712B.13(2).

(4)in a direct placement, as defined in MCL 710.22(o), a consent by a parent shall be

accompanied by a verified statement that complies with MCL 712B.13(6).

Chapter 3. Special Proceedings and Actions Page 357 Updated June 21, 2024

(B) Hearing on Consent to Adopt.

(1)The consent hearing required by MCL.710.44(1) must be promptly scheduled by

the court after the court examines and approves the report of the investigation or foster

family study filed pursuant to MCL 710.46. If an interested party has requested a

consent hearing, the hearing shall be held within 7 days of the filing of the report or

foster family study.

(2)A consent hearing involving an Indian child pursuant to MCL 712B.13 must be

held in conjunction with either a consent to adopt, as required by MCL 710.44, or a

release, as required by MCL 710.29. Notice of the hearing must be sent to the parties

prescribed in MCR 3.800(B) in compliance with MCR 3.802(A)(3).

(3) Use of Videoconferencing Technology. Videoconferencing technology may not be

used for a consent hearing under this subrule involving an Indian child pursuant to

MCL 712B.13.

(1) Before executing a release, as part of the explanation of the parent's legal rights,

the parent shall be informed that the obligation to support the child will continue until

a court of competent jurisdiction modifies or terminates the obligation, an order of

adoption is entered, or the child is emancipated by operation of law.

(2) Before executing the consent, as part of the explanation of the parent's legal rights,

the parent shall be informed that the obligation to support the child will continue until

a court of competent jurisdiction modifies or terminates the obligation, an order of

adoption is entered, or the child is emancipated by operation of law.

(3) Failure to provide required notice under this subsection does not affect the

obligation imposed by law or otherwise establish a remedy or cause of action on

behalf of the parent.

(D)Withdrawal of Consent to Adopt Indian Child.

A parent who executes a consent under MCL 712B.13 may withdraw that consent at

any time before entry of a final order of adoption by filing a written demand

requesting the return of the child. Once a demand is filed with the court, the court shall

order the return of the child. Withdrawal of consent under MCL 712B.13 constitutes a

withdrawal of a release executed under MCL 710.29 or a consent to adopt executed

under MCL 710.44.

ULE 3.805 TEMPORARY PLACEMENTS, TIME FOR SERVICE OF NOTICE OF HEARING TO

ETERMINE DISPOSITION OF CHILD

(A) Time for Service. Service of notice of hearing on a petition for disposition of a child

under MCL 710.23e(1) must be served at least:

Chapter 3. Special Proceedings and Actions Page 358 Updated June 21, 2024

(1) 3 days before the date set for hearing for personal service under MCR 2.107(C)(1)

or (2), e-mail service under MCR 2.107(C)(4), or electronic service under MCR

1.109(G)(6)(a); or

(2) 7 days before the date set for hearing when served by first-class mail under MCR

2.107(C)(3).

(B) Interested Party, Whereabouts Unknown. If the whereabouts of an interested party,

other than the putative father who did not join in the temporary placement, is unknown,

service on that interested party will be sufficient if service is attempted at the last known

address of the interested party.

father is unknown or the whereabouts of a putative father who did not join in the

temporary placement is unknown, he need not be served notice of the hearing.

ULE 3.806 REHEARINGS

(A) Filing, Notice and Response. A party may seek rehearing under MCL 710.64(1) by

timely filing a petition stating the basis for rehearing. Immediately upon filing the petition,

the petitioner must give all interested parties notice of its filing in accordance with MCR

3.802. Any interested party may file a response within 7 days of the date of service of

notice on the interested party.

(B) Procedure for Determining Whether to Grant a Rehearing. The court must base a

decision on whether to grant a rehearing on the record, the pleading filed, or a hearing on

the petition. The court may grant a rehearing only for good cause. The reasons for its

decision must be in writing or stated on the record.

notice, take new evidence on the record. It may affirm, modify, or vacate its prior decision

in whole or in part. The court must state the reasons for its action in writing or on the

record.

(D) Stay. Pending a ruling on the petition for rehearing, the court may stay any order, or

enter another order in the best interest of the minor.

ULE 3.807 INDIAN CHILD

(A)Definitions. If an Indian child, as defined by the Michigan Indian Family Preservation

Act, MCL 712B.3, is the subject of an adoption proceeding, the definitions in MCR 3.002

shall control.

(B)Jurisdiction, Notice, Transfer, Intervention.

(1)If an Indian child is the subject of an adoption proceeding and an Indian tribe has

exclusive jurisdiction as defined in MCR 3.002(6), the matter shall be dismissed.

Chapter 3. Special Proceedings and Actions Page 359 Updated June 21, 2024

(2)If an Indian child is the subject of an adoption proceeding and an Indian tribe does

not have exclusive jurisdiction as defined in MCR 3.002(6), the court shall ensure that

the petitioner has given notice of the proceedings to the persons prescribed in MCR

3.800(B) in accordance with MCR 3.802(A)(3).

(a)If either parent or the Indian custodian or the Indian child’s tribe petitions the

court to transfer the proceeding to the tribal court, the court shall transfer the case

to the tribal court unless either parent objects to the transfer of the case to tribal

court jurisdiction or the court finds good cause not to transfer. When the court

makes a good-cause determination under MCL 712B.7, adequacy of the tribe,

tribal court, or tribal social services shall not be considered. A court may

determine that good cause not to transfer a case to tribal court exists only if the

person opposing the transfer shows by clear and convincing evidence that either of

the following applies:

(i)The Indian tribe does not have a tribal court.

(ii)The requirement of the parties or witnesses to present evidence in tribal

court would cause undue hardship to those parties or witnesses that the Indian

tribe is unable to mitigate.

(b)The court shall not dismiss the matter until the transfer has been accepted by the

tribal court.

(c)If the tribal court declines transfer, the Michigan Indian Family Preservation

Act applies, as do the provisions of these rules that pertain to an Indian child (see

MCL 712B.3 and MCL 712B.5).

(d)A petition to transfer may be made at any time in accordance with MCL

712B.7(3).

(3)The Indian custodian of the child, the Indian child’s tribe, and the Indian child have

a right to intervene at any point in the proceeding pursuant to MCL 712B.7(6).

(C)Record of Tribal Affiliation. Upon application by an Indian individual who has

reached the age of 18 and who was the subject of an adoption placement, the court that

entered the final decree shall inform such individual of the tribal affiliation, if any, of the

individual’s biological parents and provide such other information as may be necessary to

protect any rights flowing from the individual’s tribal relationship. (25 USC 1917.)

ULE 3.808 FINALIZING ADOPTION; FINDINGS OF COURT

Before entering a final order of adoption, the trial court shall determine that the adoptee is

not the subject of any pending proceedings on rehearing or reconsideration, or on appeal from a

decision to terminate parental rights. The trial court shall make the following findings on the

record:

That any appeal of the decision to terminate parental rights has

reached disposition; that no appeal, application for leave to appeal,

Chapter 3. Special Proceedings and Actions Page 360 Updated June 21, 2024

or motion for rehearing or reconsideration is pending; and that the

time for all appellate proceedings in this matter has expired.

ULE 3.809 NOTICE FOLLOWING INVOLUNTARY TERMINATION OF PARENTAL RIGHTS

(A) If the parental rights of a parent whose identity and whereabouts are known are

involuntarily terminated, the court shall notify the parent, either orally or in a writing, that

the obligation to support the child will continue until a court of competent jurisdiction

modifies or terminates the obligation, an order of adoption is entered, or the child is

emancipated by operation of law.

(B) If the whereabouts of a parent are unknown, the notice required by subsection (A) may

be provided in a notice of hearing provided pursuant to MCR 3.802(C).

imposed by law or otherwise establish a remedy or cause of action on behalf of the parent.

ULE 3.810 TRANSCRIPTS FOR PURPOSES OF APPEAL

In an appeal following the involuntary termination of parental rights, if the court finds that

the respondent is financially unable to pay for the preparation of transcripts for appeal, the court

must order transcripts prepared at public expense.

ULE 3.811 USE OF VIDEOCONFERENCING TECHNOLOGY

Except as otherwise provided, the court may allow the use of videoconferencing

technology for proceedings under this subchapter in accordance with MCR 2.407.

SUBCHAPTER 3.900 PROCEEDINGS INVOLVING JUVENILES

RULE 3.901 APPLICABILITY OF RULES

(A) Scope.

(1) The rules in this subchapter, in subchapter 1.100, and in subchapter 8.100 govern

practice and procedure in the family division of the circuit court in all cases filed under

the Juvenile Code.

(2) Other Michigan Court Rules apply to juvenile cases in the family division of the

circuit court only when this subchapter specifically provides.

(3) The Michigan Rules of Evidence, except with regard to privileges, do not apply to

proceedings under this subchapter, except where a rule in this subchapter specifically

so provides. MCL 722.631 governs privileges in child protective proceedings.

(B) Application. Unless the context otherwise indicates:

Chapter 3. Special Proceedings and Actions Page 361 Updated June 21, 2024

(1) MCR 3.901-3.930, and 3.991-3.993 apply to delinquency proceedings and child

protective proceedings;

(2) MCR 3.931-3.950 apply only to delinquency proceedings;

(3) MCR 3.951-3.956 apply only to designated proceedings;

(4) MCR 3.961-3.979 apply only to child protective proceedings;

(5) MCR 3.981-3.989 apply only to minor personal protection order proceedings.

ULE 3.902 CONSTRUCTION

(A) In General. The rules are to be construed to secure fairness, flexibility, and simplicity.

The court shall proceed in a manner that safeguards the rights and proper interests of the

parties. Limitations on corrections of error are governed by MCR 2.613.

(B) Philosophy. The rules must be interpreted and applied in keeping with the philosophy

expressed in the Juvenile Code. The court shall ensure that each minor coming within the

jurisdiction of the court shall:

(1) receive the care, guidance, and control, preferably in the minor's own home, that is

conducive to the minor's welfare and the best interests of the public; and

(2) when removed from parental control, be placed in care as nearly as possible

equivalent to the care that the minor's parents should have given the minor.

ULE 3.903 DEFINITIONS

(A) General Definitions. When used in this subchapter, unless the context otherwise

indicates:

(1) “Case” means an action initiated in the family division of the circuit court by:

(a) submission of an original complaint, petition, or citation;

(b) acceptance of transfer of an action from another court or tribunal; or

(2) “Child protective proceeding” means a proceeding concerning an offense against a

child.

(3) “Confidential file” means

(a) records of a case brought before the court under Chapter XIIA of the Probate

Code, MCL 712A.1 et seq., including, but not limited to,

(i) the diversion record of a minor pursuant to the Juvenile Diversion Act,

MCL 722.821 et seq.;

(ii) the separate statement about known victims of juvenile offenses, as

required by the Crime Victim's Rights Act, MCL 780.751 et seq.;

Chapter 3. Special Proceedings and Actions Page 362 Updated June 21, 2024

(iii) the testimony taken during a closed proceeding pursuant to MCR

3.925(A)(2) and MCL 712A.17(7);

(iv) the dispositional reports pursuant to MCR 3.943(C)(3) and 3.973(E)(4);

(v) biometric data required to be maintained pursuant to MCL 28.243;

(vi) reports of sexually motivated crimes, MCL 28.247;

(vii) test results of those charged with certain sexual offenses or substance

abuse offenses, MCL 333.5129;

(b) the contents of a social file maintained by the court, including materials such

as:

(i) youth and family record fact sheet;

(ii) social study;

(iii) reports (such as dispositional, investigative, laboratory, medical,

observation, psychological, psychiatric, progress, treatment, school, and police

reports);

(iv) Department of Health and Human Services records;

(v) correspondence;

(vi) victim statements;

(vii) information regarding the identity or location of a foster parent,

preadoptive parent, or relative caregiver.

(4) “Court” means the family division of the circuit court.

(5) “Delinquency proceeding” means a proceeding concerning an offense by a

juvenile, as defined in MCR 3.903(B)(3).

(6) “Designated proceeding” means a proceeding in which the prosecuting attorney

has designated, or has requested the court to designate, the case for trial in the family

division of the circuit court in the same manner as an adult.

(7) “Father” means:

(a) A man married to the mother at any time from a minor's conception to the

minor's birth, unless a court has determined, after notice and a hearing, that the

minor was conceived or born during the marriage, but is not the issue of the

marriage;

(b) A man who legally adopts the minor;

determined to be the father of the minor;

(d) A man judicially determined to have parental rights; or

(e) A man whose paternity is established by the completion and filing of an

acknowledgment of parentage in accordance with the provisions of the

Acknowledgment of Parentage Act, MCL 722.1001 et seq., or a previously

Chapter 3. Special Proceedings and Actions Page 363 Updated June 21, 2024

applicable procedure. For an acknowledgment under the Acknowledgment of

Parentage Act, the man and mother must each sign the acknowledgment of

parentage before a notary public appointed in this state. The acknowledgment shall

be filed at either the time of birth or another time during the child's lifetime with

the state registrar.

(8) “File” means a repository for collection of the pleadings and other documents and

materials related to a case.

(9) A petition is deemed “filed” when it is delivered to, and accepted by, the clerk of

the court.

(10) “Formal calendar” means judicial proceedings other than a delinquency

proceeding on the consent calendar, a preliminary inquiry, or a preliminary hearing of

a delinquency or child protective proceeding.

(11) “Guardian” means a person appointed as guardian of a child by a Michigan court

pursuant to MCL 700.5204 or 700.5205, by a court of another state under a

comparable statutory provision, or by parental or testamentary appointment as

provided in MCL 700.5202, or a juvenile guardian appointed pursuant to MCL

712A.19a or MCL 712A.19c.

(12) “Juvenile Code” means 1944 (1st Ex Sess) PA 54, MCL 712A.1 et seq., as

amended.

(13) “Juvenile Guardian” means a person appointed guardian of a child by a Michigan

court pursuant to MCL 712A.19a or MCL 712A.19c. A juvenile guardianship is

distinct from a guardianship authorized under the Estates and Protected Individuals

Code.

(14) “Legal Custodian” means an adult who has been given legal custody of a minor

by order of a circuit court in Michigan or a comparable court of another state or who

possesses a valid power of attorney given pursuant to MCL 700.5103 or a comparable

statute of another state. It also includes the term “Indian custodian” as defined in MCR

3.002(15).

(15) “Legally admissible evidence” means evidence admissible under the Michigan

Rules of Evidence.

(16) “Minor” means a person under the age of 18, and may include a person of age 18

or older over whom the court has continuing jurisdiction pursuant to MCL 712A.2a.

(17) “Officer” means a government official with the power to arrest or any other

person designated and directed by the court to apprehend, detain, or place a minor.

(18) “Parent” means the mother, the father as defined in MCR 3.903(A)(7), or both, of

the minor. It also includes the term “parent” as defined in MCR 3.002(20).

(19) “Party” includes

(a) in a delinquency proceeding,

(i) the petitioner and juvenile.

(b) in a protective proceeding,

Chapter 3. Special Proceedings and Actions Page 364 Updated June 21, 2024

(i) the petitioner, child, and respondent

(ii) the parent, guardian, or legal custodian.

(20) “Petition” means a complaint or other written allegation, verified in the manner

provided in MCR 1.109(D)(3), that a parent, guardian, nonparent adult, or legal

custodian has harmed or failed to properly care for a child, or that a juvenile has

committed an offense.

(21) “Petition authorized to be filed” refers to written permission given by the court to

proceed with placement on the formal calendar. Until a petition is authorized, it

remains on the informal calendar.

(22) “Petitioner” means the person or agency who requests the court to take action.

(23) “Preliminary inquiry” means informal review by the court to determine

appropriate action on a petition.

(24) “Putative father” means a man who is alleged to be the biological father of a child

who has no father as defined in MCR 3.903(A)(7).

(25) “Records” are as defined in MCR 1.109 and MCR 8.119 and include, but are not

limited to, pleadings, complaints, citations, motions, authorized and unauthorized

petitions, notices, memoranda, briefs, exhibits, available transcripts, findings of the

court, registers of action, consent calendar case plans, and court orders.

(26) “Register of actions” means the case history of all cases, as defined in subrule

(A)(1), maintained in accordance with Michigan Supreme Court Records Management

Standards. See MCR 8.119(D)(1)(a).

(27) “Trial” means the fact-finding adjudication of an authorized petition to determine

if the minor comes within the jurisdiction of the court. “Trial” also means a specific

adjudication of a parent’s unfitness to determine whether the parent is subject to the

dispositional authority of the court.

(B) Delinquency Proceedings. When used in delinquency proceedings, unless the context

otherwise indicates:

(1) “Detention” means court-ordered removal of a juvenile from the custody of a

parent, guardian, or legal custodian, pending trial, disposition, commitment, or further

order.

(2) “Juvenile” means a minor alleged or found to be within the jurisdiction of the court

for having committed an offense.

(3) “Offense by a juvenile” means an act that violates a criminal statute, a criminal

ordinance, a traffic law, or a provision of MCL 712A.2(a) or (d).

(4) “Prosecuting attorney” means the prosecuting attorney for a county, an assistant

prosecuting attorney for a county, the attorney general, the deputy attorney general, an

assistant attorney general, a special prosecuting attorney, and, in connection with the

prosecution of an ordinance violation, an attorney for the political subdivision or

Chapter 3. Special Proceedings and Actions Page 365 Updated June 21, 2024

governmental entity that enacted the ordinance, charter, rule, or regulation upon which

the ordinance violation is based.

context otherwise indicates:

(1) “Agency” means a public or private organization, institution, or facility

responsible pursuant to court order or contractual arrangement for the care and

supervision of a child.

(2) “Amended petition” means a petition filed to correct or add information to an

original petition, as defined in subrule (A)(20) before it is adjudicated.

(3) “Child” means a minor alleged or found to be within the jurisdiction of the court

pursuant to MCL 712A.2(b).

(4) “Contrary to the welfare of the child” includes, but is not limited to, situations in

which the child's life, physical health, or mental well-being is unreasonably placed at

risk.

(5) “Foster care” means 24-hour a day substitute care for children placed away from

their parents, guardians, or legal custodians, and for whom the court has given the

Department of Health and Human Services placement and care responsibility,

including, but not limited to,

(a) care provided to a child in a foster family home, foster family group home, or

child caring institution licensed or approved under MCL 722.111 et seq., or

(b) care provided to a child in a relative’s home pursuant to an order of the court.

(6) “Lawyer-guardian ad litem” means that term as defined in MCL 712A.13a(1)(g).

(7) “Nonparent adult” means a person who is 18 years of age or older and who,

regardless of the person's domicile, meets all the following criteria in relation to a

child over whom the court takes jurisdiction under this chapter:

(a) has substantial and regular contact with the child,

(b) has a close personal relationship with the child's parent or with a person

responsible for the child's health or welfare, and

affinity to the third degree.

(8) “Nonrespondent parent” means a parent who is not named as a respondent in a

petition filed under MCL 712A.2(b).

(9) “Offense against a child” means an act or omission by a parent, guardian,

nonparent adult, or legal custodian asserted as grounds for bringing the child within

the jurisdiction of the court pursuant to the Juvenile Code.

(10) “Placement” means court-approved transfer of physical custody of a child to

foster care, a shelter home, a hospital, or a private treatment agency.

Chapter 3. Special Proceedings and Actions Page 366 Updated June 21, 2024

(11) “Prosecutor” or “prosecuting attorney” means the prosecuting attorney of the

county in which the court has its principal office or an assistant to the prosecuting

attorney.

(12) Except as provided in MCR 3.977(B), “respondent” means the parent, guardian,

legal custodian, or nonparent adult who is alleged to have committed an offense

against a child.

(13)“Supplemental petition” means:

(a)a written allegation, verified in the manner provided in MCR 1.109(D)(3), that a

parent, for whom a petition was authorized, has committed an additional offense

since the adjudication of the petition, or

(b)a written allegation, verified in the manner provided in MCR 1.109(D)(3), that a

nonrespondent parent is being added as an additional respondent in a case in which

an original petition has been authorized and adjudicated against the other parent

under MCR 3.971 or MCR 3.972, or

(c)a written allegation, verified in the manner provided in MCR 1.109(D)(3), that

requests the court terminate parental rights of a parent or parents under MCR

3.977(F) or MCR 3.977(H).

(14) “Qualified Residential Treatment Program” means a residential program that has

met all of the following criteria:

(a) Use of a trauma-informed treatment model;

(b) Registered or licensed nursing staff and other licensed clinical staff must be on-

site or available 24 hours a day, 7 days a week;

USC 672(k)(4)(G);

(d) Integration of families into treatment, including sibling connections;

(e) Discharge planning and aftercare support for at least six months post discharge;

and

(f) Does not include a detention center, forestry camp training school, or other

facility operated primarily for minor children determined to be delinquent.

(15) “Qualified Individual” means a trained professional or licensed clinician who is

not an employee of the department and who is not connected to, or affiliated with, any

placement setting in which children are placed by the department, and who is

responsible for conducting an assessment of a child placed in a qualified residential

treatment program pursuant to MCL 722.123a.

(D) Designated Proceedings.

(1) “Arraignment” means the first hearing in a designated case at which

(a) the juvenile is informed of the allegations, the juvenile's rights, and the

potential consequences of the proceeding;

Chapter 3. Special Proceedings and Actions Page 367 Updated June 21, 2024

(b) the matter is set for a probable cause or designation hearing; and,

made regarding custody pursuant to MCR 3.935(C).

(2) “Court-designated case” means a case in which the court, pursuant to a request by

the prosecuting attorney, has decided according to the factors set forth in MCR

3.952(C)(3) that the juvenile is to be tried in the family division of circuit court in the

same manner as an adult for an offense other than a specified juvenile violation.

(3) “Designated case” means either a prosecutor-designated case or a court-designated

case.

(4) “Designation hearing” means a hearing on the prosecuting attorney's request that

the court designate the case for trial in the same manner as an adult in the family

division of circuit court.

(5) “Preliminary examination” means a hearing at which the court determines whether

there is probable cause to believe that the specified juvenile violation or alleged

offense occurred and whether there is probable cause to believe that the juvenile

committed the specified juvenile violation or alleged offense.

(6) “Prosecutor-designated case” means a case in which the prosecuting attorney has

endorsed a petition charging a juvenile with a specified juvenile violation with the

designation that the juvenile is to be tried in the same manner as an adult in the family

division of the circuit court.

(7) “Sentencing” means the imposition of any sanction on a juvenile that could be

imposed on an adult convicted of the offense for which the juvenile was convicted or

the decision to delay the imposition of such a sanction.

(8) “Specified juvenile violation” means any offense, attempted offense, conspiracy to

commit an offense, or solicitation to commit an offense, as enumerated in MCL

712A.2d, that would constitute:

(a) burning of a dwelling house, MCL 750.72;

(b) assault with intent to commit murder, MCL 750.83;

(d) assault with intent to rob while armed, MCL 750.89;

(e) attempted murder, MCL 750.91;

(f) first-degree murder, MCL 750.316;

(g) second-degree murder, MCL 750.317;

(h) kidnapping, MCL 750.349;

(i) first-degree criminal sexual conduct, MCL 750.520b;

(j) armed robbery, MCL 750.529;

(k) carjacking, MCL 750.529a;

Chapter 3. Special Proceedings and Actions Page 368 Updated June 21, 2024

(l) robbery of a bank, safe, or vault, MCL 750.531;

(m) possession, manufacture, or delivery of, or possession with intent to

manufacture or deliver, 650 grams(1,000 grams beginning March 1, 2003) or more

of any schedule 1 or 2 controlled substance, MCL 333.7401, 333.7403;

(n) assault with intent to do great bodily harm less than murder, MCL 750.84, if

armed with a dangerous weapon as defined by MCL 712A.2d(9)(b);

(o) first-degree home invasion, MCL 750.110a(2), if armed with a dangerous

weapon as defined by MCL 712A.2d(9)(b);

(p) escape or attempted escape from a medium security or high security facility

operated by the Department of Health and Human Services or a high-security

facility operated by a private agency under contract with the Department of Health

and Human Services, MCL 750.186a;

(q) any lesser-included offense of an offense described in subrules (a)-(p), if the

petition alleged that the juvenile committed an offense described in subrules (a)-

(p); or

(r) any offense arising out of the same transaction as an offense described in

subrules (a)-(p), if the petition alleged that the juvenile committed an offense

described in subrules (a)-(p).

(9) “Tried in the same manner as an adult” means a trial in which the juvenile is

afforded all the legal and procedural protections that an adult would be given if

charged with the same offense in a court of general criminal jurisdiction.

(E) Minor Personal Protection Order Proceedings. When used in minor personal

protection order proceedings, unless the context otherwise indicates:

(1) “Minor personal protection order” means a personal protection order issued by a

court against a minor under jurisdiction granted by MCL 712A.2(h).

(2) “Original petitioner” means the person who originally petitioned for the minor

personal protection order.

(3) “Prosecutor” or “prosecuting attorney” means the prosecuting attorney of the

county in which the court has its principal office or an assistant to the prosecuting

attorney.

(F)Michigan Indian Family Preservation Act.

If an Indian child, as defined by the Michigan Indian Family Preservation Act, MCL

712B.1 et seq., is the subject of a protective proceeding or is charged with a status offense

in violation of MCL 712A.2(a)(2)-(4) or (d), the definitions in MCR 3.002 shall control.

Chapter 3. Special Proceedings and Actions Page 369 Updated June 21, 2024

RULE 3.904 USE OF VIDEOCONFERENCING TECHNOLOGY.

(A) Delinquency, Designated, and Personal Protection Violation Proceedings. Courts may

use videoconferencing technology in delinquency, designated, and personal protection

violation proceedings as follows.

(1)Juvenile in the Courtroom or at a Separate Location. Videoconferencing technology

may be used between a courtroom and a facility when conducting preliminary

hearings under MCR 3.935(A)(1), preliminary examinations under MCR 3.953 and

MCR 3.985, postdispositional progress reviews, and dispositional hearings where the

court does not order a more restrictive placement or more restrictive treatment.

(2)Juvenile in the Courtroom-Other Proceedings. Except as otherwise provided in this

rule, as long as the juvenile is either present in the courtroom or has waived the right to

be present, on motion of either party showing good cause, the court may use

videoconferencing technology to take testimony from an expert witness or a person at

another location in any delinquency, designated, or personal protection violation

proceeding under this subchapter. If the proceeding is a trial, the court may use

videoconferencing technology with the consent of the parties. A party who does not

consent to the use of videoconferencing technology to take testimony from a person at

trial shall not be required to articulate any reason for not consenting.

(3) Notwithstanding any other provision of this rule, until further order of the Court,

courts may use two-way videoconferencing technology or other remote participation

tools where the court orders a more restrictive placement or more restrictive treatment.

(B) Child Protective and Juvenile Guardianship Proceedings.

(1)Except as provided in subrule (B)(2), courts may allow the use of

videoconferencing technology by any participant, as defined in MCR 2.407(A)(1), in

any proceeding.

(2)As long as the respondent is either present in the courtroom or has waived the right

to be present, on motion of either party showing good cause, the court may use

videoconferencing technology to take testimony from an expert witness or any person

at another location in the following proceedings:

(a)removal hearings under MCR 3.967 and evidentiary hearings; and

(b)termination of parental rights proceedings under MCR 3.977 and trials, with the

consent of the parties. A party who does not consent to the use of

videoconferencing technology to take testimony from a person at trial shall not be

required to articulate any reason for not consenting.

(C)Mechanics of Use. The use of videoconferencing technology under this rule must be in

accordance with the standards established by the State Court Administrative Office. All

proceedings at which videoconferencing technology is used must be recorded verbatim by

the court.

Chapter 3. Special Proceedings and Actions Page 370 Updated June 21, 2024

RULE 3.905 INDIAN CHILDREN; JURISDICTION, NOTICE, TRANSFER, INTERVENTION

(A)If an Indian child is the subject of a protective proceeding or is charged with a status

offense in violation of MCL 712A.2(a)(2)-(4) or (d), and if an Indian tribe has exclusive

jurisdiction as defined in MCR 3.002(6), and the matter is not before the state court as a

result of emergency removal pursuant to MCL 712B.7(2), the matter shall be dismissed.

(B)If an Indian child is the subject of a protective proceeding or is charged with a status

offense in violation of MCL 712A.2(a)(2)-(4) or (d), and if an Indian tribe has exclusive

jurisdiction as defined in MCR 3.002(6), and the matter is before the state court as a result

of emergency removal pursuant to MCL 712B.7(2), and either the tribe notifies the state

court that it is exercising its jurisdiction, or the emergency no longer exists, then the state

court shall dismiss the matter.

(C)If an Indian child is the subject of a protective proceeding or is charged with a status

offense in violation of MCL 712A.2(a)(2)-(4) or (d) and an Indian tribe does not have

exclusive jurisdiction as defined in MCR 3.002(6), the court shall ensure that the

petitioner has given notice of the proceedings to the persons described in MCR 3.921 in

accordance with MCR 3.920(C).

(1)If either parent or the Indian custodian or the Indian child’s tribe petitions the court

to transfer the proceeding to the tribal court, the court shall transfer the case to the

tribal court unless either parent objects to the transfer of the case to tribal court

jurisdiction or the court finds good cause not to transfer. When the court makes a

good-cause determination under this section, adequacy of the tribe, tribal court, or

tribal social services shall not be considered. A court may determine that good cause

not to transfer a case to tribal court exists only if the person opposing the transfer

shows by clear and convincing evidence that either of the following applies:

(a)The Indian tribe does not have a tribal court.

(b)The requirement of the parties or witnesses to present evidence in tribal court

would cause undue hardship to those parties or witnesses that the Indian tribe is

unable to mitigate.

(2)The court shall not dismiss the matter until the transfer has been accepted by the

tribal court.

(3)If the tribal court declines transfer, the Michigan Indian Family Preservation Act

applies to the continued proceeding in state court, as do the provisions of these rules

that pertain to an Indian child. See MCL 712B.3 and MCL 712B.5.

(4)A petition to transfer may be made at any time in accordance with MCL 712B.7(3).

(D)The Indian custodian of the child, the Indian child’s tribe and the Indian child have a

right to intervene at any point in the proceeding pursuant to MCL 712B.7(6).

Chapter 3. Special Proceedings and Actions Page 371 Updated June 21, 2024

RULE 3.906 USE OF RESTRAINTS ON A JUVENILE

(A) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and

leather restraints, and other similar items, may not be used on a juvenile during a court

proceeding unless the court finds that the use of restraints is necessary due to one of the

following factors:

(1) Instruments of restraint are necessary to prevent physical harm to the juvenile or

another person.

(2) The juvenile has a history of disruptive courtroom behavior that has placed others

in potentially harmful situations or presents a substantial risk of inflicting physical

harm on himself or herself or others as evidenced by recent behavior.

(3) There is a founded belief that the juvenile presents a substantial risk of flight from

the courtroom.

(B) The court’s determination that restraints are necessary must be made prior to the

juvenile being brought into the courtroom and appearing before the court. The court shall

provide the juvenile’s attorney an opportunity to be heard before the court orders the use

of restraints. If restraints are ordered, the court shall state on the record or in writing its

findings of fact in support of the order.

movement of the hands to read and handle documents and writings necessary to the

hearing. Under no circumstances should a juvenile be restrained using fixed restraints to a

wall, floor, or furniture.

ULE 3.911 JURY

(A) Right. The right to a jury in a juvenile proceeding exists only at the trial.

(B) Jury Demand. A party who is entitled to a trial by jury may demand a jury by filing a

written demand with the court within:

(1) 14 days after the court gives notice of the right to jury trial, or

(2) 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever

is later, but no later than 21 days before trial.

The court may excuse a late filing in the interest of justice.

except as provided in this subrule.

(1) In a delinquency proceeding,

(a) each party is entitled to 5 peremptory challenges, and

(b) the verdict must be unanimous.

(2) In a child protective proceeding,

Chapter 3. Special Proceedings and Actions Page 372 Updated June 21, 2024

(a) each party is entitled to 5 peremptory challenges, with the child considered a

separate party, and

(b) a verdict in a case tried by 6 jurors will be received when 5 jurors agree.

(3) Two or more parties on the same side, other than a child in a child protective

proceeding, are considered a single party for the purpose of peremptory challenges.

(a) When two or more parties are aligned on the same side and have adverse

interests, the court shall allow each such party represented by a different attorney 3

peremptory challenges.

(b) When multiple parties are allowed more than 5 peremptory challenges under

this subrule, the court may allow the opposite side a total number of peremptory

challenges not to exceed the number allowed to the multiple parties.

(4) In a designated case, jury procedure is governed by MCR 6.401-6.420.

ULE 3.912 JUDGE

(A) Judge Required. A judge must preside at:

(1) a jury trial;

(2) a waiver proceeding under MCR 3.950;

(3) the preliminary examination, trial, and sentencing in a designated case;

(4) a proceeding on the issuance, modification, or termination of a minor personal

protection order.

(B) Right; Demand. The parties have the right to a judge at a hearing on the formal

calendar. A party may demand that a judge rather than a referee preside at a nonjury trial

by filing a written demand with the court within:

(1) 14 days after the court gives notice of the right to a judge, or

(2) 14 days after an appearance by an attorney or lawyer-guardian ad litem, whichever

is later, but no later than 21 days before trial.

The court may excuse a late filing in the interest of justice.

(1) The judge who presides at the preliminary examination may not preside at the trial

of the same designated case unless a determination of probable cause is waived. The

judge who presides at a preliminary examination may accept a plea in the designated

case.

(2) The juvenile has the right to demand that the same judge who accepted the plea or

presided at the trial of a designated case preside at sentencing or delayed imposition of

sentence, but not at a juvenile disposition of the designated case.

(D) Disqualification of Judge. The disqualification of a judge is governed by MCR 2.003.

Chapter 3. Special Proceedings and Actions Page 373 Updated June 21, 2024

RULE 3.913 REFEREES

(A) Assignment of Matters to Referees.

(1) General. Subject to the limitations in subrule (A)(2), the court may assign a referee

to conduct a preliminary inquiry or to preside at a hearing other than those specified in

MCR 3.912(A) and to make recommended findings and conclusions.

(2) Attorney and Nonattorney Referees.

(a) Delinquency Proceedings. Except as otherwise provided by MCL 712A.10,

only a person licensed to practice law in Michigan may serve as a referee at a

delinquency proceeding other than a preliminary inquiry or preliminary hearing, if

the juvenile is before the court under MCL 712A.2(a)(1).

(b) Child Protective Proceedings. Only a person licensed to practice law in

Michigan may serve as a referee at a child protective proceeding other than a

preliminary inquiry, preliminary hearing, a progress review under MCR 3.974(A)

or (B), or an emergency removal hearing under MCR 3.974(C). In addition, either

an attorney or a nonattorney referee may issue an ex parte placement order under

MCR 3.963(B).

preside at a hearing to designate a case or to amend a petition to designate a case

and to make recommended findings and conclusions.

(d) Minor Personal Protection Actions. A nonattorney referee may preside at a

preliminary hearing for enforcement of a minor personal protection order. Only a

referee licensed to practice law in Michigan may preside at any other hearing for

the enforcement of a minor personal protection order and make recommended

findings and conclusions.

(B) Duration of Assignment. Unless a party has demanded trial by jury or by a judge

pursuant to MCR 3.911 or 3.912, a referee may conduct the trial and further proceedings

through disposition.

(1) During a hearing held by a referee, the referee must inform the parties of the right

to file a request for review of the referee's recommended findings and conclusions as

provided in MCR 3.991(B).

(2) At the conclusion of a hearing described in MCR 3.937(A), the referee must

provide the juvenile with advice of appellate rights in accordance with MCR 3.937.

When providing this advice, the referee must state that the appellate rights do not

attach until the judge enters an order described in MCR 3.993(A)

Chapter 3. Special Proceedings and Actions Page 374 Updated June 21, 2024

RULE 3.914 PROSECUTING ATTORNEY

(A) General. On request of the court, the prosecuting attorney shall review the petition for

legal sufficiency and shall appear at any child protective proceeding or any delinquency

proceeding.

(B) Delinquency Proceedings.

(1) Petition Approval. Only the prosecuting attorney may request the court to take

jurisdiction of a juvenile under MCL 712A.2(a)(1).

(2) Appearance. The prosecuting attorney shall participate in every delinquency

proceeding under MCL 712A.2(a)(1) that requires a hearing and the taking of

testimony.

(1) Legal Consultant to Agency. On request of the Michigan Department of Health and

Human Services or of an agent under contract with the department, the prosecuting

attorney shall serve as a legal consultant to the department or agent at all stages of a

child protective proceeding.

(2) Retention of Counsel. In a child protective proceeding, the agency may retain legal

representation of its choice when the prosecuting attorney does not appear on behalf of

the agency or an agent under contract with the agency.

(D) Designated Proceedings.

(1) Specified Juvenile Violation. In a case in which the petition alleges a specified

juvenile violation, only the prosecuting attorney may designate the case, or request

leave to amend a petition to designate the case, for trial of the juvenile in the same

manner as an adult.

(2) Other Offenses. In a case in which the petition alleges an offense other than the

specified juvenile violation, only the prosecuting attorney may request the court to

designate the case for trial of the juvenile in the same manner as an adult.

(E) Minor Personal Protection Orders. The prosecuting attorney shall prosecute criminal

contempt proceedings as provided in MCR 3.987(B).

ULE 3.915 ASSISTANCE OF ATTORNEY

(A) Delinquency Proceedings.

(1) Advice. If the juvenile is not represented by an attorney, the court shall advise the

juvenile of the right to the assistance of an attorney at each stage of the proceedings on

the formal calendar, including trial, plea of admission, and disposition.

(2) Appointment of an Attorney. The court shall appoint an attorney to represent the

juvenile in a delinquency proceeding if:

Chapter 3. Special Proceedings and Actions Page 375 Updated June 21, 2024

(a) the parent, guardian, or legal custodian refuses or fails to appear and participate

in the proceedings;

(b) the parent, guardian, or legal custodian is the complainant or victim;

financially unable to retain an attorney, and the juvenile does not waive an

attorney;

(d) those responsible for the support of the juvenile refuse or neglect to retain an

attorney for the juvenile, and the juvenile does not waive an attorney; or

(e) the court determines that the best interests of the juvenile or the public require

appointment.

(3) Waiver of Attorney. The juvenile may waive the right to the assistance of an

attorney except where a parent, guardian, legal custodian, or guardian ad litem objects

or when the appointment is based on subrule (A)(2)(e). The waiver by a juvenile must

be made in open court to the judge or referee, who must find and place on the record

that the waiver was voluntarily and understandingly made.

(B) Child Protective Proceedings.

(1) Respondent.

(a) Advice and Right to Counsel. At respondent's first court appearance, the court

shall advise the respondent of the right to retain an attorney to represent the

respondent at any hearing conducted pursuant to these rules and that

(i) the respondent has the right to a court appointed attorney at any hearing

conducted pursuant to these rules, including the preliminary hearing, if the

respondent is financially unable to retain an attorney, and,

(ii) if the respondent is not represented by an attorney, the respondent may

request a court-appointed attorney at any later hearing.

(b) Appointment of an Attorney. The court shall appoint an attorney to represent

the respondent at any hearing, including the preliminary hearing, conducted

pursuant to these rules if

(i) the respondent requests appointment of an attorney, and

(ii) it appears to the court, following an examination of the record, through

written financial statements, or otherwise, that the respondent is financially

unable to retain an attorney.

the court shall not accept the waiver by a respondent who is a minor when a parent,

guardian, legal custodian, or guardian ad litem objects to the waiver.

(2) Child.

(a) The court must appoint a lawyer-guardian ad litem to represent the child at

every hearing, including the preliminary hearing. The child may not waive the

assistance of a lawyer-guardian ad litem. The duties of the lawyer-guardian ad

Chapter 3. Special Proceedings and Actions Page 376 Updated June 21, 2024

litem are as provided by MCL 712A.17d. At each hearing, the court shall inquire

whether the lawyer-guardian ad litem has met or had contact with the child, as

required by the court or MCL 712A.17d(1)(d) and if the lawyer-guardian ad litem

has not met or had contact with the child, the court shall require the lawyer-

guardian ad litem to state, on the record, the reasons for failing to do so.

(b) If a conflict arises between the lawyer-guardian ad litem and the child

regarding the child's best interests, the court may appoint an attorney to represent

the child's stated interests.

(D) Duration.

(1) An attorney retained by a party may withdraw only on order of the court.

(2) An attorney or lawyer-guardian ad litem appointed by the court to represent a party

shall serve until discharged by the court. The court may permit another attorney to

temporarily substitute for the child's lawyer-guardian ad litem at a hearing, if that

would prevent the hearing from being adjourned, or for other good cause. Such a

substitute attorney must be familiar with the case and, for hearings other than a

preliminary hearing or emergency removal hearing, must review the agency case file

and consult with the foster parents and caseworker before the hearing unless the child's

lawyer-guardian ad litem has done so and communicated that information to the

substitute attorney. The court shall inquire on the record whether the attorneys have

complied with the requirements of this subrule.

(E) Costs. When an attorney is appointed for a party under this rule, the court may enter an

order assessing costs of the representation against the party or against a person responsible

for the support of that party, which order may be enforced as provided by law.

ULE 3.916 GUARDIAN AD LITEM

(A) General. The court may appoint a guardian ad litem for a party if the court finds that

the welfare of the party requires it.

(B) Appearance. The appearance of a guardian ad litem must be in writing and in a manner

and form designated by the court. The appearance shall contain a statement regarding the

existence of any interest that the guardian ad litem holds in relation to the minor, the

minor's family, or any other person in the proceeding before the court or in other matters.

copies of all petitions, motions, and orders filed or entered, and to consult with the

attorney of the party for whom the guardian ad litem has been appointed.

(D) Costs. The court may assess the cost of providing a guardian ad litem against the party

or a person responsible for the support of the party, and may enforce the order of

reimbursement as provided by law.

Chapter 3. Special Proceedings and Actions Page 377 Updated June 21, 2024

RULE 3.917 COURT APPOINTED SPECIAL ADVOCATE

(A) General. The court may, upon entry of an appropriate order, appoint a volunteer

special advocate to assess and make recommendations to the court concerning the best

interests of the child in any matter pending in the family division.

(B) Qualifications. All court appointed special advocates shall receive appropriate

screening.

child, investigate the background of the case, gather information regarding the child's

status, provide written reports to the court and all parties before each hearing, and appear

at all hearings when required by the court.

(D) Term of Appointment. A court appointed special advocate shall serve until discharged

by the court.

(E) Access to Information. Upon appointment by the court, the special advocate may be

given access to all information, confidential or otherwise, contained in the court file if the

court so orders. The special advocate shall consult with the child's lawyer-guardian ad

litem.

ULE 3.920 SERVICE OF PROCESS

(A) General.

(1) Unless a party must be summoned as provided in subrule (B), a party shall be given

notice of a juvenile proceeding in any manner authorized by the rules in this

subchapter.

(2) MCR 2.004 applies in juvenile proceedings involving incarcerated parties.

(B) Summons.

(1) In General. A summons may be issued and served on a party before any juvenile

proceeding.

(2) When Required. Except as otherwise provided in these rules, the court shall direct

the service of a summons in the following circumstances:

(a) In a delinquency proceeding, a summons must be served on the parent or

parents, guardian, or legal custodian having physical custody of the juvenile,

directing them to appear with the juvenile for trial. The juvenile must also be

served with a summons to appear for trial. A parent without physical custody must

be notified by service as provided in subrule (D), unless the whereabouts of the

parent remain unknown after a diligent inquiry.

(b) In a child protective proceeding, a summons must be served on any respondent

and any nonrespondent parent. A summons may be served on a person having

Chapter 3. Special Proceedings and Actions Page 378 Updated June 21, 2024

physical custody of the child directing such person to appear with the child for

hearing. A guardian or legal custodian who is not a respondent must be served with

notice of hearing in the manner provided by subrule (D).

respondent, a summons must be served on the minor. A summons must also be

served on the parent or parents, guardian, or legal custodian, unless their

whereabouts remain unknown after a diligent inquiry.

(3) Content. The summons must direct the person to whom it is addressed to appear at

a time and place specified by the court and must:

(a) identify the nature of hearing;

(b) explain the right to an attorney and the right to trial by judge or jury, including,

where appropriate, that there is no right to a jury at a termination hearing;

hearings could result in termination of parental rights; and

(d) have a copy of the petition attached. The confidential case inventory required

by MCR 3.931(A) and MCR 3.961(A) shall not be served on any party.

(4) Manner of Serving Summons.

(a) Except as provided in subrule (B)(4)(b), a summons required under subrule

(B)(2) must be served by delivering the summons to the party personally.

(b) If the court finds, on the basis of testimony or a motion and affidavit, that

personal service of the summons is impracticable or cannot be achieved, the court

may by ex parte order direct that it be served in any manner reasonably calculated

to give notice of the proceedings and an opportunity to be heard, including

publication.

served in a manner reasonably calculated to provide notice.

(5) Time of Service.

(a) A summons shall be personally served at least:

(i) 14 days before hearing on a petition that seeks to terminate parental rights

or a permanency planning hearing,

(ii) 7 days before trial or a child protective dispositional review hearing, or

(iii) 3 days before any other hearing.

(b) If the summons is served by registered mail, it must be sent at least 7 days

earlier than subrule (a) requires for personal service of a summons if the party to

be served resides in Michigan, or 14 days earlier than required by subrule (a) if the

party to be served resides outside Michigan.

the county where the party resides, if known, and, if not, in the county where the

action is pending. The published notice need not include the petition itself. The

Chapter 3. Special Proceedings and Actions Page 379 Updated June 21, 2024

notice must be published at least once 21 days before a hearing specified in subrule

(a)(i), 14 days before trial or a hearing specified in subrule (a)(ii), or 7 days before

any other hearing.

(C)Notice of Proceeding Concerning Indian Child. If the court knows or has reason to

know an Indian child is the subject of a protective proceeding or is charged with a status

offense in violation of MCL 712A.2(a)(2)-(4) or (d) and an Indian tribe does not have

exclusive jurisdiction as defined in MCR 3.002(6):

(1)in addition to any other service requirements, the petitioner shall notify the parent

or Indian custodian and the Indian child’s tribe by registered mail with return receipt

requested of the pending proceedings on a petition filed under MCR 3.931 or MCR

3.961 and of their right of intervention on a form approved by the State Court

Administrative Office. If the identity or location of the parent or Indian custodian, or

of the tribe, cannot be determined, notice shall be given to the Secretary of the

Interior

by registered mail with return receipt requested. Subsequent notices shall be served in

accordance with this subrule for proceedings under MCR 3.967 and MCR 3.977.

(2)the court shall notify the parent or Indian custodian and the Indian child’s tribe of

all hearings other than those specified in subrule (1) as provided in subrule (D). If the

identity or location of the parent or Indian custodian or the tribe cannot be determined,

notice of the hearings shall be given to the Secretary of the Interior. Such notice may

be by first-class mail.

(D) Notice of Hearing.

(1) General. Notice of a hearing must be given in writing or on the record at least 7

days before the hearing except as provided in subrules (D)(2) and (D)(3), or as

otherwise provided in the rules.

(2) Preliminary Hearing; Emergency Removal Hearing.

(a) When a juvenile is detained, notice of the preliminary hearing must be given to

the juvenile and to the parent of the juvenile as soon as the hearing is scheduled.

The notice may be in person, in writing, on the record, or by telephone.

(b) When a child is placed outside the home, notice of the preliminary hearing or

an emergency removal hearing under MCR 3.974(C)(3) must be given to the

parent of the child as soon as the hearing is scheduled. The notice may be in

person, in writing, on the record, or by telephone.

(3) Permanency Planning Hearing; Termination Proceedings.

(a) Notice of a permanency planning hearing must be given in writing at least 14

days before the hearing.

(b) Notice of a hearing on a petition requesting termination of parental rights in a

child protective proceeding must be given in writing at least 14 days before the

hearing.

Chapter 3. Special Proceedings and Actions Page 380 Updated June 21, 2024

(4) Failure to Appear. When a party fails to appear in response to a notice of hearing,

the court may order the party's appearance by summons or subpoena.

(E) Subpoenas.

(1) The attorney for a party or the court on its own motion may cause a subpoena to be

served upon a person whose testimony or appearance is desired.

(2) It is not necessary to tender advance fees to the person served a subpoena in order

to compel attendance.

(3) Except as otherwise stated in this subrule, service of a subpoena is governed by

MCR 2.506.

(F) Waiver of Notice and Service. A person may waive notice of hearing or service of

process. The waiver shall be in writing. When a party waives service of a summons

required by subrule (B), the party must be provided the advice required by subrule (B)(3).

(G) Subsequent Notices. After a party's first appearance before the court, subsequent

notice of proceedings and pleadings shall be served on that party or, if the party has an

attorney, on the attorney for the party as provided in subrule (D), except that a summons

must be served for trial or termination hearing as provided in subrule (B).

(H) Notice Defects. The appearance and participation of a party at a hearing is a waiver by

that party of defects in service with respect to that hearing unless objections regarding the

specific defect are placed on the record. If a party appears or participates without an

attorney, the court shall advise the party that the appearance and participation waives

notice defects and of the party's right to seek an attorney.

(I) Proof of Service.

(1) Summons. Proof of service of a summons must be made in the manner provided in

MCR 2.104(A).

(2) Other Papers. Proof of service of other papers permitted or required to be served

under these rules must be made in the manner provided in MCR 2.107(D).

(3) Publication. If the manner of service used involves publication, proof of service

must be made in the manner provided in MCR 2.106(G)(1), and (G)(3) if the

publication is accompanied by a mailing.

(4) Content. The proof of service must identify the papers served. A proof of service

for papers served on a foster parent, preadoptive parent, or relative caregiver shall be

maintained in the confidential social file as identified in MCR 3.903(A)(3)(b)(vii).

(5) Failure to File. Failure to file proof of service does not affect the validity of the

service.

ULE 3.921 PERSONS ENTITLED TO NOTICE

(A) Delinquency Proceedings.

Chapter 3. Special Proceedings and Actions Page 381 Updated June 21, 2024

(1) General. In a delinquency proceeding, the court must notify the following persons

of each hearing except as provided in subrule (A)(3):

(a) the juvenile,

(b) the custodial parents, guardian, or legal custodian of the juvenile,

(d) the guardian ad litem or lawyer-guardian ad litem of a juvenile appointed

pursuant to these rules,

(e) the attorney retained or appointed to represent the juvenile,

(f) the prosecuting attorney, and

(g)in accordance with the notice provisions of MCR 3.905, if the juvenile is

charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d) and if

the court knows or has reason to know the juvenile is an Indian child:

(i)the juvenile’s tribe and, if the tribe is unknown, the Secretary of the Interior,

and

(ii)the juvenile’s parents or Indian custodian, and if unknown, the Secretary of

the Interior.

(2) Notice to the Petitioner. The petitioner must be notified of the first hearing on the

petition.

(3) Parent Without Physical Custody. A parent of the minor whose parental rights over

the minor have not been terminated at the time the minor comes to court, must be

notified of the first hearing on the formal calendar, unless the whereabouts of the

parent are unknown.

(B) Protective Proceedings.

(1) General. In a child protective proceeding, except as provided in subrules (B)(2)

and (3), the court shall ensure that the following persons are notified of each hearing:

(a) the respondent,

(b) the attorney for the respondent,

(d) subject to subrule (D), the parents, guardian, or legal custodian, if any, other

than the respondent,

(e) the petitioner,

(f) a party's guardian ad litem appointed pursuant to these rules,

(g) the foster parents, preadoptive parents, and relative caregivers of a child in

foster care under the responsibility of the state,

(h)in accordance with the notice provisions of MCR 3.905, if the court knows or

has reason to know the child is an Indian child:

Chapter 3. Special Proceedings and Actions Page 382 Updated June 21, 2024

(i)the child’s tribe and, if the tribe is unknown, the Secretary of the Interior,

and

(ii)the child’s parents or Indian custodian, and if unknown, the Secretary of the

Interior, and

(i) any other person the court may direct to be notified.

(2) Dispositional Review Hearings and Permanency Planning Hearings. Before a

dispositional review hearing or a permanency planning hearing, the court shall ensure

that the following persons are notified in writing of each hearing:

(a) the agency responsible for the care and supervision of the child,

(b) the person or institution having court-ordered custody of the child,

respondent parent, unless parental rights have been terminated,

(d) the guardian or legal custodian of the child, if any,

(e) the guardian ad litem for the child,

(f) the lawyer-guardian ad litem for the child,

(g) the attorneys for each party,

(h) the prosecuting attorney if the prosecuting attorney has appeared in the case,

(i) the child, if 11 years old or older,

(j) if the court knows or has reason to know the child is an Indian child, the child’s

tribe,

(k) the foster parents, preadoptive parents, and relative caregivers of a child in

foster care under the responsibility of the state,

(l)if the court knows or has reason to know the child is an Indian child and the

parents, guardian, legal custodian, or tribe are unknown, to the Secretary of

Interior, and

(m) any other person the court may direct to be notified.

(3) Termination of Parental Rights. Written notice of a hearing to determine if the

parental rights to a child shall be terminated must be given to those appropriate

persons or entities listed in subrule (B)(2), except that if the court knows or has reason

to know the child is an Indian child, notice shall be given in accordance with MCR

3.920(C)(1).

entitled to notice:

(1) the child, if 11 years old or older;

(2) the Department of Health and Human Services;

(3) the parents of the child, unless parental rights over the child have been terminated;

Chapter 3. Special Proceedings and Actions Page 383 Updated June 21, 2024

(4) the juvenile guardian or proposed juvenile guardian;

(5) any court that previously had jurisdiction over the child in a child protective

proceeding, if different than the court that entered an order authorizing a juvenile

guardianship;

(6) the attorneys for any party;

(7) the prosecuting attorney, if the prosecuting attorney has appeared in the case;

(8) if the court knows or has reason to know the child is an Indian child, the child’s

tribe, Indian custodian, or if the tribe is unknown, the Secretary of the Interior;

(9) the Michigan Children’s Institute superintendent; and

(10) any other person the court may direct to be notified.

(D) Putative Fathers. If, at any time during the pendency of a proceeding, the court

determines that the minor has no father as defined in MCR 3.903(A)(7), the court may, in

its discretion, take appropriate action as described in this subrule.

(1) The court may take initial testimony on the tentative identity and address of the

natural father. If the court finds probable cause to believe that an identifiable person is

the natural father of the minor, the court shall direct that notice be served on that

person in any manner reasonably calculated to provide notice to the putative father,

including publication if his whereabouts remain unknown after diligent inquiry. Any

notice by publication must not include the name of the putative father. If the court

finds that the identity of the natural father is unknown, the court must direct that the

unknown father be given notice by publication. The notice must include the following

information:

(a) if known, the name of the child, the name of the child's mother, and the date

and place of birth of the child;

(b) that a petition has been filed with the court;

his interest, if any, in the minor; and

(d) a statement that failure to attend the hearing will constitute a denial of interest

in the minor, a waiver of notice for all subsequent hearings, a waiver of a right to

appointment of an attorney, and could result in termination of any parental rights.

(2) After notice to the putative father as provided in subrule (D)(1), the court may

conduct a hearing and determine, as appropriate, that:

(a) the putative father has been served in a manner that the court finds to be

reasonably calculated to provide notice to the putative father.

(b) a preponderance of the evidence establishes that the putative father is the

natural father of the minor and justice requires that he be allowed 14 days to

establish his relationship according to MCR 3.903(A)(7). The court may extend

the time for good cause shown.

Chapter 3. Special Proceedings and Actions Page 384 Updated June 21, 2024

father of the minor. If so, the court shall proceed with respect to the other person in

accord with subrule (D).

(d) after diligent inquiry, the identity of the natural father cannot be determined. If

so, the court may proceed without further notice and without appointing an

attorney for the unidentified person.

(3) The court may find that the natural father waives all rights to further notice,

including the right to notice of termination of parental rights, and the right to an

attorney if

(a) he fails to appear after proper notice, or

(b) he appears, but fails to establish paternity within the time set by the court.

(E) Failure to Appear; Notice by Publication. When persons whose whereabouts are

unknown fail to appear in response to notice by publication or otherwise, the court need

not give further notice by publication of subsequent hearings, except a hearing on the

termination of parental rights.

ULE 3.922 PRETRIAL PROCEDURES IN DELINQUENCY AND CHILD PROTECTION PROCEEDINGS

(A) Discovery.

(1) The following materials are discoverable as of right in all proceedings and shall be

produced no less than 21 days before trial, even without a discovery request:

(a) all written or recorded statements and notes of statements made by the juvenile

or respondent that are in possession or control of petitioner or a law enforcement

agency, including oral statements if they have been reduced to writing;

(b) all written or recorded statements made by any person with knowledge of the

events in possession or control of petitioner or a law enforcement agency,

including, but not limited to, police reports, allegations of neglect and/or abuse

included on a complaint submitted to Child Protective Services, and Child

Protective Services investigation reports, except that the identity of the reporting

person shall be protected in accordance with MCL 722.625;

(d) a list of all prospective exhibits;

(e) a list of all physical or tangible objects that are prospective evidence that are in

the possession or control of petitioner or a law enforcement agency;

(f) the results of all scientific, medical, psychiatric, psychological, or other expert

tests, experiments, or evaluations, including the reports or findings of all experts,

that are relevant to the subject matter of the petition;

(g) the results of any lineups or showups, including written reports or lineup

sheets;

Chapter 3. Special Proceedings and Actions Page 385 Updated June 21, 2024

(h) all search warrants issued in connection with the matter, including applications

for such warrants, affidavits, and returns or inventories;

(i) any written, video, or recorded statement that pertains to the case and made by a

witness whom the party may call at trial;

(j) the curriculum vitae of an expert the party may call at trial and either a report

prepared by the expert containing, or a written description of, the substance of the

proposed testimony of the expert, the expert’s opinion, and the underlying bases of

that opinion; and

(k) any criminal record that the party may use at trial to impeach a witness.

(2) On motion of a party, the court may permit discovery of any other materials and

evidence, including untimely requested materials and evidence that would have been

discoverable of right under subrule (A)(1) if timely requested. Absent manifest

injustice, no motion for discovery will be granted unless the moving party has

requested and has not been provided the materials or evidence sought through an order

of discovery.

(3) Depositions may only be taken as authorized by the court.

(4) Failure to comply with subrules (1) and (2) may result in such sanctions in keeping

with those assessable under MCR 2.313.

(B) Discovery and Disclosure in Delinquency Matters.

(1) In delinquency matters, in addition to disclosures required by provisions of law and

as required or allowed by subrule (A)(1)-(3), a party shall provide all other parties the

following, which are discoverable as of right and, even without a discovery request,

shall be produced no less than 21 days before trial:

(a) a description or list of criminal convictions, known to the respondent’s attorney

or prosecuting attorney, of any witness whom the party may call at trial;

(b) any exculpatory information or evidence known to the prosecuting attorney;

statements, by a defendant, codefendant, or accomplice pertaining to the case even

if that person is not a prospective witness at trial; and

(d) any plea agreement, grant of immunity, or other agreement for testimony in

connection with the case.

(2) In delinquency matters, notwithstanding any other provision of this rule, there is no

right to have disclosed or to discover information or evidence that is protected by

constitution, statute, or privilege, including information or evidence protected by a

respondent’s right against self-incrimination, except as provided in subrule (B)(3).

(3) In delinquency matters, if a respondent demonstrates a good-faith belief, grounded

in articulable fact, that there is a reasonable probability that records protected by

privilege are likely to contain material information necessary to the defense, the court

shall conduct an in camera inspection of the records.

Chapter 3. Special Proceedings and Actions Page 386 Updated June 21, 2024

(a) If the privilege is absolute, and the privilege holder refuses to waive the

privilege to permit an in camera inspection, the court shall suppress or strike the

privilege holder’s testimony.

(b) If the court is satisfied, following an in camera inspection, that the records

reveal evidence necessary to the defense, the court shall direct that such evidence

as is necessary to the defense be made available to respondent’s counsel. If the

privilege is absolute and the privilege holder refuses to waive the privilege to

permit disclosure, the court shall suppress or strike the privilege holder’s

testimony.

available to the respondent, the court shall make findings sufficient to facilitate

meaningful appellate review.

(d) The court shall seal and preserve the records for review in the event of an

appeal:

(i) by the respondent, on an interlocutory basis or following conviction, if the

court determines that the records should not be made available to the defense

(ii) by the prosecution, on an interlocutory basis, if the court determines that

the records should be made available to the defense.

(e) Records disclosed under this subrule shall remain in the exclusive custody of

counsel for the parties, shall be used only for the limited purpose approved by the

court, and shall be subject to such other terms and conditions as the court may

provide.

(f) Excision. When some parts of material or information are discoverable and

other parts are not discoverable, the party must disclose the discoverable parts and

may excise the remainder. The party must inform the other party that

nondiscoverable information has been excised and withheld. On motion, the court

must conduct a hearing in camera to determine whether the reasons for excision

are justifiable. If the court upholds the excision, it must seal and preserve the

record of the hearing for review in the event of an appeal.

(4) At delinquency dispositions, reviews, designation hearings, hearings on alleged

violation of court orders or probation, and detention hearings, the following shall be

provided to the respondent, respondent’s counsel, and the prosecuting attorney no less

than seven (7) days before the hearing:

(a) assessments and evaluations to be considered by the court during the hearing;

(b) documents including but not limited to police reports, witnesses statements,

reports prepared by probation officers, reports prepared by intake officers, and

reports prepared by placement/detention staff to be considered by the court during

the hearing; and

report including but not limited to documents regarding restitution.

Chapter 3. Special Proceedings and Actions Page 387 Updated June 21, 2024

(5) Failure to comply with subrules (B)(1) and (B)(4) may result in sanctions in

keeping with those assessable under MCR 2.313.

(1) Within 21 days after the juvenile has been given notice of the date of trial, but no

later than 7 days before the trial date, the juvenile or the juvenile's attorney must file a

written notice with the court and prosecuting attorney of the intent to rely on a defense

of alibi or insanity. The notice shall include a list of the names and addresses of

defense witnesses.

(2) Within 7 days after receipt of notice, but no later than 2 days before the trial date,

the prosecutor shall provide written notice to the court and defense of an intent to offer

rebuttal to the above-listed defenses. The notice shall include names and addresses of

rebuttal witnesses.

(3) Failure to comply with subrules (1) and (2) may result in the sanctions set forth in

MCL 768.21.

(D) Motion Practice. Motion practice in juvenile proceedings is governed by MCR 2.119.

(E) Pretrial Conference. The court may direct the parties to appear at a pretrial conference.

The scope and effect of a pretrial conference are governed by MCR 2.401, except as

otherwise provided in or inconsistent with the rules of this subchapter.

(F) Notice of Intent.

(1) Within 21 days after the parties have been given notice of the date of trial, but no

later than 7 days before the trial date, the proponent must file with the court, and serve

all parties, written notice of the intent to:

(a) use a support person, including the identity of the support person, the

relationship to the witness, and the anticipated location of the support person

during the hearing.

(b) request special arrangements for a closed courtroom or for restricting the view

of the respondent/defendant from the witness or other special arrangements

allowed under law and ordered by the court.

(d) admit out-of-court hearsay statements under MCR 3.972(C)(2), including the

identity of the persons to whom a statement was made, the circumstances leading

to the statement, and the statement to be admitted.

(2) Within 7 days after receipt or notice, but no later than 2 days before the trial date,

the nonproponent parties must provide written notice to the court of an intent to offer

rebuttal testimony or evidence in opposition to the request and must include the

identity of the witnesses to be called.

(3) The court may shorten the time periods provided in this subrule if good cause is

shown.

Chapter 3. Special Proceedings and Actions Page 388 Updated June 21, 2024

RULE 3.923 MISCELLANEOUS PROCEDURES

(A) Additional Evidence. If at any time the court believes that the evidence has not been

fully developed, it may:

(1) examine a witness,

(2) call a witness, or

(3) adjourn the matter before the court, and

(a) cause service of process on additional witnesses, or

(b) order production of other evidence.

(B) Examination or Evaluation. The court may order that a minor or a parent, guardian, or

legal custodian be examined or evaluated by a physician, dentist, psychologist, or

psychiatrist.

when required by law. The court may permit the collection of biometric data or

photographing, or both, of a minor concerning whom a petition has been filed. Biometric

data and photographs must be placed in the confidential files, capable of being located and

destroyed on court order.

(D) Lineup. If a complaint or petition is filed against a juvenile alleging violation of a

criminal law or ordinance, the court may, at the request of the prosecuting attorney, order

the juvenile to appear at a place and time designated by the court for identification by

another person, including a corporeal lineup pursuant to MCL 712A.32. If the court orders

the juvenile to appear for such an identification procedure, the court must notify the

juvenile and the juvenile's parent, guardian or legal custodian that the juvenile has the

right to consult with an attorney and have an attorney present during the identification

procedure and that if the juvenile and the juvenile's parent, guardian or legal custodian

cannot afford an attorney, the court will appoint an attorney for the juvenile if requested

on the record or in writing by the juvenile or the juvenile's parent, guardian or legal

custodian.

(E) Electronic Equipment; Support Person. The court may allow the use of

videoconferencing technology, speaker telephone, or other similar electronic equipment to

facilitate hearings or to protect the parties. The court may allow the use of videotaped

statements and depositions, anatomical dolls, or support persons, and may take other

measures to protect the child witness as authorized by MCL 712A.17b.

(F) Impartial Questioner. The court may appoint an impartial person to address questions

to a child witness at a hearing as the court directs.

(G) Adjournments. Adjournments of trials or hearings in child protective proceedings

should be granted only

Chapter 3. Special Proceedings and Actions Page 389 Updated June 21, 2024

(1) for good cause,

(2) after taking into consideration the best interests of the child, and

(3) for as short a period of time as necessary.

ULE 3.924 INFORMATION FURNISHED ON REQUEST BY COURT

Persons or agencies providing testimony, reports, or other information at the request of the

court, including otherwise confidential information, records, or reports that are relevant and

material to the proceedings following authorization of a petition, are immune from any

subsequent legal action with respect to furnishing the information to the court.

ULE 3.925 OPEN PROCEEDINGS; JUDGMENTS AND ORDERS; RECORDS CONFIDENTIALITY;

ESTRUCTION OF COURT RECORDS; SETTING ASIDE ADJUDICATIONS

(A) Open Proceedings.

(1) General. Except as provided in subrule (A)(2), juvenile proceedings on the formal

calendar and preliminary hearings shall be open to the public.

(2) Closed Proceedings; Criteria. The court, on motion of a party or a victim, may

close the proceedings to the public during the testimony of a child or during the

testimony of the victim to protect the welfare of either. In making such a

determination, the court shall consider the nature of the proceedings; the age, maturity,

and preference of the witness; and, if the witness is a child, the preference of a parent,

guardian, or legal custodian that the proceedings be open or closed. The court may not

close the proceedings to the public during the testimony of the juvenile if jurisdiction

is requested under MCL 712A.2(a)(1).

(B) Record of Proceedings. A record of all hearings must be made. All proceedings on the

formal calendar must be recorded by stenographic recording or by mechanical or

electronic recording as provided by statute or MCR 8.108. A plea of admission or no

contest, including any agreement with or objection to the plea, must be recorded.

2.602(A)(1) and (2). Judgments and orders may be served on a person by first-class mail

to the person's last known address, by e-mail under MCR 2.107(C)(4), or electronic

service under MCR 1.109(G)(6)(a).

(D) Public Access to Case File Records; Social File.

(1) General. Records of a case brought before the court under Chapter XIIA of the

Probate Code, MCL 712A.1 et seq., are only open to persons having a legitimate

interest.“Persons having a legitimate interest” includes, but is not limited to, the

juvenile, the juvenile’s parent, the juvenile’s guardian or legal custodian, the

juvenile’s guardian ad litem, counsel for the juvenile, the department or a licensed

child caring institution or child placing agency under contract with the department to

provide for the juvenile’s care and supervision if related to an investigation of child

Chapter 3. Special Proceedings and Actions Page 390 Updated June 21, 2024

neglect or child abuse, law enforcement personnel, a prosecutor, a member of a local

foster care review board established under 1984 PA 422, MCL 722.131 to 722.139a,

the Indian child’s tribe if the juvenile is an Indian child, and a court of this state.

(2) Social Files. Confidential files are defined in MCR 3.903(A)(3) and include the

social case file and those records in the legal case file made confidential by statute,

court rule, or court order. Only persons who are found by the court to have a legitimate

interest may be allowed access to the confidential files. In determining whether a

person has a legitimate interest, the court shall consider the nature of the proceedings,

the welfare and safety of the public, the interest of the minor, and any restriction

imposed by state or federal law.

(E)Retention and Destruction of Court Records.

The court shall destroy its case files and other court records only as prescribed by the

records retention and disposal schedule established under MCR 8.119(K). Destruction of a

case record does not negate, rescind, or set aside an adjudication.

(F) Setting Aside Adjudications and Convictions.

(1) Adjudications. The setting aside of juvenile adjudications is governed by MCL

712A.18e and MCL 712A.18t.

(2) Convictions. The court may only set aside a conviction as provided by MCL

780.621 et seq.

(G) Access to Juvenile Offense Record of Convicted Adults. When the juvenile offense

record of an adult convicted of a crime is made available to the appropriate agency, as

provided in MCL 791.228(1), the record must state whether, with regard to each

adjudication, the juvenile had an attorney or voluntarily waived an attorney.

ULE 3.926 TRANSFER OF JURISDICTION; CHANGE OF VENUE

(A) Definition. As used in MCL 712A.2, a child is “found within the county” in which the

offense against the child occurred, in which the offense committed by the juvenile

occurred, or in which the minor is physically present.

(B) Transfer to County of Residence. When a minor is brought before the family division

of the circuit court in a county other than that in which the minor resides, the court may

request transfer of the case to the court in the county of residence before trial. The court

shall not order transfer of the case until the court to which the case is to be transferred has

granted the request to accept the transfer.

(1) If both parents reside in the same county, or if the child resides in the county with a

parent who has been awarded legal custody, a guardian, a legal custodian, or the

child's sole legal parent, that county will be presumed to be the county of residence.

Chapter 3. Special Proceedings and Actions Page 391 Updated June 21, 2024

(2) In circumstances other than those enumerated in subsection (1) of this section, the

court shall consider the following factors in determining the child's county of

residence:

(a) The county of residence of the parent or parents, guardian, or legal custodian.

(b) Whether the child has ever lived in the county, and, if so, for how long.

case.

(d) Whether the child is subject to the prior continuing jurisdiction of another

court.

(e) Whether a court has entered an order placing the child in the county for the

purpose of adoption.

(f) Whether the child has expressed an intention to reside in the county.

(g) Any other factor the court considers relevant.

(3) If the child has been placed in a county by court order or by placement by a public

or private agency, the child shall not be considered a resident of the county in which he

or she has been placed, unless the child has been placed for the purpose of adoption.

disposition, it will be responsible for any costs incurred in connection with such order

unless

(1) the court in the county in which the minor resides agrees to pay the costs of such

disposition, or

(2) the minor is made a state ward pursuant to the Youth Rehabilitation Services Act,

MCL 803.301 et seq., and the county of residence withholds consent to a transfer of

the case.

(D) Change of Venue; Grounds. The court, on motion by a party, may order a case to be

heard before a court in another county:

(1) for the convenience of the parties and witnesses, provided that a judge of the other

court agrees to hear the case; or

(2) when an impartial trial cannot be had where the case is pending.

All costs of the proceeding in another county are to be borne by the court ordering the

change of venue.

(E) Bifurcated Proceeding. If the judge of the transferring court and the judge of the

receiving court agree, the case may be bifurcated to permit adjudication in the transferring

court and disposition in the receiving court. The case may be returned to the receiving

court immediately after the transferring court enters its order of adjudication.

(F) Transfer of Records.

Chapter 3. Special Proceedings and Actions Page 392 Updated June 21, 2024

(1) The transferring court must enter all necessary orders pertaining to the certification

and transfer of the action to the receiving court. Where the courts have agreed to

bifurcate the proceedings, the court adjudicating the case shall send any supplemented

pleadings and other records to the court entering the disposition in the case.

(2) The clerk of the court must prepare the case records for transfer in accordance with

the orders entered under subrule (1) and the Michigan Trial Court Records

Management Standards and send them to the receiving court by a secure method.

(G) Designated Cases. Designated cases are to be filed in the county in which the offense

is alleged to have occurred. Other than a change of venue for the purpose of trial, a

designated case may not be transferred to any other county, except, after conviction, a

designated case may be transferred to the juvenile's county of residence for entry of a

juvenile disposition only. Sentencing of a juvenile, including delayed imposition of

sentence, may only be done in the county in which the offense occurred.

ULE 3.927 PRIOR COURT ORDERS

In a juvenile proceeding involving a minor who is subject to a prior order of another

Michigan court, the manner of notice to the other court and the authority of the family division of

the circuit court to proceed are governed by MCR 3.205.

ULE 3.928 CONTEMPT OF COURT

(A) Power. The court has the authority to hold persons in contempt of court as provided by

MCL 600.1701 and 712A.26. A parent, guardian, or legal custodian of a juvenile who is

within the court's jurisdiction and who fails to attend a hearing as required is subject to the

contempt power as provided in MCL 712A.6a.

(B) Procedure. Contempt of court proceedings are governed by MCL 600.1711, 600.1715,

and MCR 3.606. MCR 3.982-3.989 govern proceedings against a minor for contempt of a

minor personal protection order.

criminal contempt of court, and who was at least 18 years of age when the contempt was

committed, may be sentenced to up to 93 days in the county jail as a disposition for the

contempt. Juveniles sentenced under this subrule need not be lodged separately and apart

from adult prisoners. Younger juveniles found in contempt of court are subject to a

juvenile disposition under these rules.

(D) Determination of Ability to Pay. A juvenile and/or parent shall not be detained or

incarcerated for the nonpayment of court-ordered financial obligations as ordered by the

court, unless the court determines that the juvenile and/or parent has the resources to pay

and has not made a good-faith effort to do so.

Chapter 3. Special Proceedings and Actions Page 393 Updated June 21, 2024

RULE 3.929 USE OF FACSIMILE COMMUNICATION EQUIPMENT

The parties may file records, as defined in MCR 3.903(A)(25), by the use of facsimile

communication equipment. Filing of records by the use of facsimile communication equipment in

juvenile proceedings is governed by MCR 2.406.

ULE 3.930 RECEIPT AND RETURN OR DISPOSAL OF EXHIBITS IN JUVENILE PROCEEDINGS

(A) Receipt of Exhibits. Except as otherwise required by statute or court rule, materials

that are intended to be used as evidence at or during a trial shall not be filed with the clerk

of the court, but shall be submitted to the judge for introduction into evidence as exhibits.

Exhibits introduced into evidence at or during court proceedings shall be received and

maintained as provided by the Michigan Supreme Court trial court case file management

standards. As defined in MCR 1.109, exhibits received and accepted into evidence under

this rule are not court records.

(B) Return or Disposal of Exhibits. At the conclusion of a trial or hearing, the court shall

direct the parties to retrieve the exhibits submitted by them except that any weapons and

drugs shall be returned to the confiscating agency for proper disposition. If the exhibits are

not retrieved by the parties as directed within 56 days after conclusion of the trial or

hearing, the court may properly dispose of the exhibits without notice to the parties.

(C)Confidentiality. If the court retains discovery materials filed pursuant to MCR

1.109(D) or an exhibit submitted pursuant to this rule after a hearing or trial and the

material is confidential as provided by MCR 3.903(A)(3) or order of the court pursuant to

MCR 8.119(I), the court must continue to maintain the material in a confidential manner.

ULE 3.931 INITIATING DELINQUENCY PROCEEDINGS

(A) Commencement of Proceeding. Any request for court action against a juvenile must

be by written petition. The form, captioning, signing, and verifying of documents are

prescribed in MCR 1.109(D) and (E). When any pending or resolved family division or

tribal court case exists that involves family members of the person(s) named in the petition

filed under subrule (B), the petitioner must complete and file a case inventory listing those

cases, if known. The case inventory is confidential, not subject to service requirements,

and is available only to the party that filed it, the filing party’s attorney, the court, and the

friend of the court. The case inventory must be on a form approved by the State Court

Administrative Office.

(B) Content of Petition. A petition must contain the following information:

(1) the juvenile's name, address, and date of birth, if known;

(2) the names and addresses, if known, of

(a) the juvenile's mother and father,

Chapter 3. Special Proceedings and Actions Page 394 Updated June 21, 2024

(b) the guardian, legal custodian, or person having custody of the juvenile, if other

than a mother or father,

custodian can be found, and

(d) the juvenile’s membership or eligibility for membership in an Indian tribe, if

any, and the identity of the tribe;

(3) sufficient allegations that, if true, would constitute an offense by the juvenile;

(4) a citation to the section of the Juvenile Code relied upon for jurisdiction;

(5) a citation to the federal, state, or local law or ordinance allegedly violated by the

juvenile;

(6) the court action requested; and

(7) if applicable, the notice required by MCL 257.732(8), and the juvenile's Michigan

driver's license number.

(1) A citation or appearance ticket may be used to initiate a delinquency proceeding if

the charges against the juvenile are limited to violations of the Michigan Vehicle

Code, or of a provision of an ordinance substantially corresponding to any provision of

that law, as provided by MCL 712A.2b.

(2) The citation or appearance ticket shall be treated by the court as if it were a

petition, except that it may not serve as a basis for pretrial detention.

(D) Motor Vehicle Violations; Failure to Appear. If the juvenile is a Michigan resident

and fails to appear or otherwise to respond to any matter pending relative to a motor

vehicle violation, the court

(1) must initiate the procedure required by MCL 257.321a for the failure to answer a

citation, and

(2) may issue an order to apprehend the juvenile after a petition is filed with the court.

ULE 3.932 SUMMARY INITIAL PROCEEDINGS

(A) Preliminary Inquiry. When a petition is not accompanied by a request for detention of

the juvenile, the court may conduct a preliminary inquiry. Except in cases involving

offenses enumerated in the Crime Victim's Rights Act, MCL 780.781(1)(g), the

preliminary inquiry need not be conducted on the record. The court may, in the interest of

the juvenile and the public:

(1) deny authorization of the petition;

(2) refer the matter to a public or private agency providing available services pursuant

to the Juvenile Diversion Act, MCL 722.821 et seq.;

Chapter 3. Special Proceedings and Actions Page 395 Updated June 21, 2024

(3) direct that the juvenile and the parent, guardian, or legal custodian be notified to

appear for further informal inquiry on the petition;

(4) proceed on the consent calendar as provided in subrule (C); or

(5) place the matter on the formal calendar as provided in subrule (D).

(B) Offenses Listed in the Crime Victim's Rights Act. A case involving the alleged

commission of an offense listed in the Crime Victim's Rights Act, MCL 780.781(1)(g),

may only be removed from the adjudicative process upon compliance with the procedures

set forth in that act. See MCL 780.786b.

(1) If the court determines that formal jurisdiction should not be acquired over the

juvenile, the court may proceed with the case on the consent calendar. A case

transferred to the consent calendar shall be transferred before disposition but may

occur any time after receiving a petition, citation, or appearance ticket. Upon transfer,

the clerk of the court shall make the case nonpublic.

(2) A case shall not be placed on the consent calendar unless the juvenile and the

parent, guardian, or legal custodian and the prosecutor, agree to have the case placed

on the consent calendar. A case involving the alleged commission of an offense as that

term is defined in section 31 of the Crime Victim’s Rights Act, MCL 780.781 et seq.,

shall only be placed on the consent calendar upon compliance with procedures set

forth in MCL 780.786b.

(3) Biometric Data. Except as otherwise required by law, a juvenile shall not have

biometric data collected unless the court has authorized the petition. If the court

authorizes the petition and the juvenile is alleged to have committed an offense that

requires the juvenile to have biometric data collected according to law, the court shall

ensure the juvenile has biometric data collected before placing the case on consent

calendar under subrule (C)(1).

(4) Victim Notice. After a case is placed on consent calendar, the prosecutor shall

provide the victim notice as required by article 2 of the Crime Victim’s Rights act,

MCL 780.781 to 780.802.

(5) Conference. After placing a matter on the consent calendar, the court shall conduct

a consent calendar case conference with the juvenile, the juvenile’s attorney, if any,

and the juvenile’s parent, guardian, or legal custodian. The prosecutor and victim may,

but need not, be present. At the conference, the court shall discuss the allegations with

the juvenile and issue a written consent calendar case plan in accordance with MCL

712A.2f(7).

(6) Case Plan. The case plan is not an order of the court, but shall be included as part

of the case record. If the court determines the juvenile has violated the terms of the

case plan, it may transfer the case to the formal calendar in accordance with subrule

(C)(9).

Chapter 3. Special Proceedings and Actions Page 396 Updated June 21, 2024

(7) Disposition. The court shall not enter an order of disposition in a case while it is on

the consent calendar.

(8) Access to Consent Calendar Case Records. Records of consent calendar

proceedings shall be nonpublic. Access to consent calendar case records is governed

by MCL 712A.2f(5).

(9) Transfer to Formal Calendar. If it appears to the court at any time that proceeding

on the consent calendar is not in the best interest of either the juvenile or the public,

the court may transfer the case from the consent calendar to the formal calendar. The

court shall proceed with the case where court proceedings left off before the case was

placed on the consent calendar.

(a) If the original petition was not authorized before being placed on the consent

calendar, the court may, without hearing, transfer the case from the consent

calendar to the formal calendar on the charges contained in the original petition to

determine whether the petition should be authorized.

(b) If the original petition was authorized before being placed on the consent

calendar, the court shall conduct a hearing on the record before transferring the

case to the formal calendar. At the hearing, the court shall:

(i) Advise the juvenile that any statements made during the consent calendar

proceedings cannot be used against the juvenile at a trial on the same charge.

(ii) Allow the juvenile and the juvenile’s attorney, if any, the opportunity to

address the court and state on the record why the case should not be transferred

to the formal calendar.

(10) Closing the Case. Upon a judicial determination that the juvenile has completed

the terms of the consent calendar case plan, the court shall report the successful

completion to the juvenile and the Department of State Police. The report to the

Department of State police shall be in a form prescribed by the Department of State

Police.

(11) Record Retention. The case records shall only be destroyed in accordance with

the approved record retention and disposal schedule established by the State Court

Administrative Office.

(D) Formal Calendar. The court may authorize a petition to be filed and docketed on the

formal calendar if it appears to the court that formal court action is in the best interest of

the juvenile and the public. The court shall not authorize an original petition under MCL

712A.2(a)(1), unless the prosecuting attorney has approved submitting the petition to the

court. At any time before disposition, the court may transfer the matter to the consent

calendar.

ULE 3.933 ACQUIRING PHYSICAL CONTROL OF JUVENILE

(A) Custody Without Court Order. When an officer apprehends a juvenile for an offense

without a court order and does not warn and release the juvenile, does not refer the

juvenile to a diversion program, and does not have authorization from the prosecuting

Chapter 3. Special Proceedings and Actions Page 397 Updated June 21, 2024

attorney to file a complaint and warrant charging the juvenile with an offense as though an

adult pursuant to MCL 764.1f, the officer may:

(1) issue a citation or ticket to appear at a date and time to be set by the court and

release the juvenile;

(2) accept a written promise of the parent, guardian, or legal custodian to bring the

juvenile to court, if requested, at a date and time to be set by the court, and release the

juvenile to the parent, guardian, or legal custodian; or

(3) take the juvenile into custody and request the prosecutor to file a petition, if:

(a) the officer has reason to believe that because of the nature of the offense, the

interest of the juvenile or the interest of the public would not be protected by

release of the juvenile, or

(b) a parent, guardian, or legal custodian cannot be located or has refused to take

custody of the juvenile.

(B) Custody With Court Order. When a petition is presented to the court, and probable

cause exists to believe that a juvenile has committed an offense, the court may issue an

order to apprehend the juvenile. The order may include authorization to

(1) enter specified premises as required to bring the juvenile before the court, and

(2) detain the juvenile pending preliminary hearing.

contact the court when:

(1) the officer detains the juvenile,

(2) the officer is unable to reach a parent, guardian, or legal custodian who will appear

promptly to accept custody of the juvenile, or

(3) the parent, guardian, or legal custodian will not agree to bring the juvenile to court

as provided in subrule (A)(2).

(D) Separate Custody of Juvenile. While awaiting arrival of the parent, guardian, or legal

custodian, appearance before the court, or otherwise, the juvenile must be maintained

separately from adult prisoners to prevent any verbal, visual, or physical contact with an

adult prisoner.

ULE 3.934 ARRANGING COURT APPEARANCE; DETAINED JUVENILE

(A) General. Unless the prosecuting attorney has authorized a complaint and warrant

charging the juvenile with an offense as though an adult pursuant to MCL 764.1f, when a

juvenile is apprehended and not released, the officer shall:

(1) forthwith take the juvenile

(a) before the court for a preliminary hearing, or

Chapter 3. Special Proceedings and Actions Page 398 Updated June 21, 2024

(b) to a place designated by the court pending the scheduling of a preliminary

hearing;

(2) ensure that the petition is prepared and presented to the court;

(3) notify the parent, guardian, or legal custodian of the detaining of the juvenile and

of the need for the presence of the parent, guardian, or legal custodian at the

preliminary hearing;

(4) prepare a custody statement for submission to the court including:

(a) the grounds for and the time and location of detention, and

(b) the names of persons notified and the times of notification, or the reason for

failure to notify.

(B) Temporary Detention; Court Not Open.

(1) Grounds. A juvenile apprehended without court order when the court is not open

may be detained pending preliminary hearing if the offense or the juvenile meets a

circumstance set forth in MCR 3.935(D)(1), or if no parent, guardian, or legal

custodian can be located.

(2) Designated Court Person. The court must designate a judge, referee, or other

person who may be contacted by the officer taking a juvenile into custody when the

court is not open. In each county there must be a designated facility open at all times at

which an officer may obtain the name of the person to be contacted for permission to

detain the juvenile pending preliminary hearing.

ULE 3.935 PRELIMINARY HEARING

(A) Time.

(1) Commencement. The preliminary hearing must commence no later than 24 hours

after the juvenile has been taken into court custody, excluding Sundays and holidays,

as defined by MCR 8.110(D)(2), or the juvenile must be released.

(2) General Adjournment. The court may adjourn the hearing for up to 14 days:

(a) to secure the attendance of the juvenile's parent, guardian, or legal custodian or

of a witness, or

(b) for other good cause shown.

(3) Special Adjournment; Specified Juvenile Violation. This subrule applies to a

juvenile accused of an offense that allegedly was committed between the juvenile's

14th and 18th birthdays and that would constitute a specified juvenile violation listed

in MCL 712A.2(a)(1).

(a) On a request of a prosecuting attorney who has approved the submission of a

petition with the court, conditioned on the opportunity to withdraw it within 5 days

if the prosecuting attorney authorizes the filing of a complaint and warrant with a

magistrate, the court shall comply with subrules (i)-(iii).

Chapter 3. Special Proceedings and Actions Page 399 Updated June 21, 2024

(i) The court shall adjourn the preliminary hearing for up to 5 days to give the

prosecuting attorney the opportunity to determine whether to authorize the

filing of a criminal complaint and warrant charging the juvenile with an

offense as though an adult pursuant to MCL 764.1f, instead of unconditionally

approving the filing of a petition with the court.

(ii) The court, during the special adjournment under subrule 3(a), must defer a

decision regarding whether to authorize the filing of the petition.

(iii) The court, during the special adjournment under subrule (3)(a), must

release the juvenile pursuant to MCR 3.935(E) or detain the juvenile pursuant

to MCR 3.935(D).

(b) If, at the resumption of the preliminary hearing following special adjournment,

the prosecuting attorney has not authorized the filing with a magistrate of a

criminal complaint and warrant on the charge concerning the juvenile, approval of

the petition by the prosecuting attorney shall no longer be deemed conditional and

the court shall proceed with the preliminary hearing and decide whether to

authorize the petition to be filed.

of jurisdiction over the juvenile under MCR 3.950.

(B) Procedure.

(1) The court shall determine whether the parent, guardian, or legal custodian has been

notified and is present. The preliminary hearing may be conducted without a parent,

guardian, or legal custodian present, provided a guardian ad litem or attorney appears

with the juvenile.

(2) The court shall read the allegations in the petition.

(3) The court shall determine whether the petition should be dismissed, whether the

matter should be referred to alternate services pursuant to the Juvenile Diversion Act,

MCL 722.821 et seq., whether the matter should be heard on the consent calendar as

provided by MCR 3.932(C), or whether to continue the preliminary hearing.

(4) If the hearing is to continue, the court shall advise the juvenile on the record in

plain language of:

(a) the right to an attorney pursuant to MCR 3.915(A)(1);

(b) the right to trial by judge or jury on the allegations in the petition and that a

referee may be assigned to hear the case unless demand for a jury or judge is filed

pursuant to MCR 3.911 or 3.912; and

may be used against the juvenile.

(5) If the charge is a status offense in violation of MCL 712A.2(a)(2)-(4) or (d), the

court must inquire if the juvenile or a parent is a member of an Indian tribe. If the court

knows or has reason to know the child is an Indian child, the court must determine the

identity of the tribe and comply with MCR 3.905 before proceeding with the hearing.

Chapter 3. Special Proceedings and Actions Page 400 Updated June 21, 2024

(6) The juvenile must be allowed an opportunity to deny or otherwise plead to the

allegations.

(7) Unless the preliminary hearing is adjourned, the court must decide whether to

authorize the petition to be filed pursuant to MCR 3.932(D). If it authorizes the filing

of the petition, the court must:

(a) determine if biometric data must be taken as provided by MCL 712A.11(5) and

MCR 3.936; and

(b) determine if the juvenile should be released, with or without conditions, or

detained, as provided in subrules (C)-(F).

(8) The juvenile may be detained pending the completion of the preliminary hearing if

the conditions for detention under subrule (D) are established.

(1) Factors. In determining whether the juvenile is to be released, with or without

conditions, or detained, the court shall consider the following factors:

(a) the juvenile's family ties and relationships,

(b) the juvenile's prior delinquency record,

(d) the violent nature of the alleged offense,

(e) the juvenile's prior history of committing acts that resulted in bodily injury to

others,

(f) the juvenile's character and mental condition,

(g) the court's ability to supervise the juvenile if placed with a parent or relative,

and

(h) any other factor indicating the juvenile's ties to the community, the risk of

nonappearance, and the danger to the juvenile or the public if the juvenile is

released.

(2) Findings. The court must state the reasons for its decision to grant or deny release

on the record or in a written memorandum. The court's statement need not include a

finding on each of the enumerated factors.

(D) Detention.

(1) Conditions for Detention. A juvenile may be ordered detained or continued in

detention if the court finds probable cause to believe the juvenile committed the

offense, and that one or more of the following circumstances are present:

(a) the offense alleged is so serious that release would endanger the public safety;

(b) the juvenile is charged with an offense that would be a felony if committed by

an adult and will likely commit another offense pending trial, if released, and

Chapter 3. Special Proceedings and Actions Page 401 Updated June 21, 2024

(i) another petition is pending against the juvenile,

(ii) the juvenile is on probation, or

(iii) the juvenile has a prior adjudication, but is not under the court's

jurisdiction at the time of apprehension;

guardian, or legal custodian, with or without conditions, the juvenile will fail to

appear at the next court proceeding;

(d) the home conditions of the juvenile make detention necessary;

(e) the juvenile has run away from home;

(f) the juvenile has failed to remain in a detention facility or nonsecure facility or

placement in violation of a valid court order; or

(g) pretrial detention is otherwise specifically authorized by law.

(2) Waiver. A juvenile may waive the probable cause determination required by

subrule (1) only if the juvenile is represented by an attorney.

(3) Evidence; Findings. The juvenile may contest the sufficiency of evidence by cross-

examination of witnesses, presentation of defense witnesses, or by other evidence. The

court shall permit the use of subpoena power to secure attendance of defense

witnesses. The Michigan Rules of Evidence do not apply, other than those with respect

to privileges.

(4) Type of Detention. The detained juvenile must be placed in the least restrictive

environment that will meet the needs of the juvenile and the public, and that will

conform to the requirements of MCL 712A.15 and 712A.16.

(E) Release; Conditions.

(1) The court may release a juvenile to a parent pending the resumption of the

preliminary hearing, pending trial, or until further order without conditions, or, if the

court determines that release with conditions is necessary to reasonably ensure the

appearance of the juvenile as required or to reasonably ensure the safety of the public,

the court may, in its discretion, order that the release of the juvenile be on the

condition or combination of conditions that the court determines to be appropriate,

including, but not limited to:

(a) that the juvenile will not commit any offense while released,

(b) that the juvenile will not use alcohol or any controlled substance or tobacco

product,

treatment program,

(d) that the juvenile will participate in a treatment program for a physical or mental

condition,

Chapter 3. Special Proceedings and Actions Page 402 Updated June 21, 2024

(e) that the juvenile will comply with restrictions on personal associations or place

of residence,

(f) that the juvenile will comply with a specified curfew,

(g) that the juvenile will maintain appropriate behavior and attendance at an

educational program, and

(h) that the juvenile's driver's license or passport will be surrendered.

(2) Violation of Conditions of Release. If a juvenile is alleged to have violated the

conditions set by the court, the court may order the juvenile apprehended and detained

immediately. The court may then modify the conditions or revoke the juvenile's

release status after providing the juvenile an opportunity to be heard on the issue of the

violation of conditions of release.

(F) Bail. In addition to any other conditions of release, the court may require a parent,

guardian, or legal custodian to post bail.

(1) Cash or Surety Bond. The court may require a parent, guardian, or legal custodian

to post a surety bond or cash in the full amount of the bail, at the option of the parent,

guardian, or legal custodian. A surety bond must be written by a person or company

licensed to write surety bonds in Michigan. Except as otherwise provided by this rule,

MCR 3.604 applies to bonds posted under this rule.

(2) Option to Deposit Cash or 10 Percent of Bail. Unless the court requires a surety

bond or cash in the full amount of the bail as provided in subrule (F)(1), the court shall

advise the parent, guardian, or legal custodian of the option to satisfy the monetary

requirement of bail by:

(a) posting either cash or a surety bond in the full amount of bail set by the court or

a surety bond written by a person or company licensed to write surety bonds in

Michigan, or

(b) depositing with the register, clerk, or cashier of the court currency equal to 10

percent of the bail, but at least $10.

(3) Revocation or Modification. The court may modify or revoke the bail for good

cause after providing the parties notice and an opportunity to be heard.

(4) Return of Bail. If the conditions of bail are met, the court shall discharge any

surety.

(a) If disposition imposes reimbursement or costs, the bail money posted by the

parent must first be applied to the amount of reimbursement and costs, and the

balance, if any, returned.

(b) If the juvenile is discharged from all obligations in the case, the court shall

return the cash posted, or return 90 percent and retain 10 percent if the amount

posted represented 10 percent of the bail.

Chapter 3. Special Proceedings and Actions Page 403 Updated June 21, 2024

(5) Forfeiture. If the conditions of bail are not met, the court may issue a writ for the

apprehension of the juvenile and enter an order declaring the bail money, if any,

forfeited.

(a) The court must immediately mail notice of the forfeiture order to the parent at

the last known address and to any surety.

(b) If the juvenile does not appear and surrender to the court within 28 days from

the forfeiture date, or does not within the period satisfy the court that the juvenile

is not at fault, the court may enter judgment against the parent and surety, if any,

for the entire amount of the bail and, when allowed, costs of the court proceedings.

ULE 3.936 BIOMETRIC DATA

(A) General. The court must permit the collection of biometric data of a juvenile pursuant

to MCL 712A.11(5) and 712A.18(10), and as provided in this rule. Notice of biometric

data collection retained by the court is confidential.

(B) Order for Biometric Data. At the time that the court authorizes the filing of a petition

alleging a juvenile offense and before the court enters an order of disposition on a juvenile

offense or places the case on the consent calendar, the court shall examine the confidential

files and verify that the juvenile has had biometric data collected. If it appears to the court

that the juvenile has not had biometric data collected, the court must:

(1) direct the juvenile to go to the law enforcement agency involved in the

apprehension of the juvenile, or to the sheriff's department, so biometric data may be

collected; or

(2) issue an order to the sheriff's department to apprehend the juvenile and to collect

the biometric data of the juvenile.

(1) of any juvenile who had biometric data collected for a juvenile offense and who

was found not to be within the jurisdiction of the court under MCL 712A.2(a)(1); or

(2) that the court took jurisdiction of a juvenile under MCL 712A.2(a)(1), who had

biometric data collected for a juvenile offense, specifying the offense, the method of

adjudication, and the disposition ordered.

(D) Order for Destruction of Biometric Data. The court, on motion filed pursuant to MCL

28.243(10), shall issue an order directing the Department of State Police, or other official

holding the information, to destroy the biometric data and arrest card of the juvenile

pertaining to the offense, other than an offense as listed in MCL 28.243(14), when a

juvenile has had biometric data collected for a juvenile offense and no petition on the

offense is submitted to the court, the court does not authorize the petition, or the court has

neither placed the case on the consent calendar nor taken jurisdiction of the juvenile under

MCL 712A.2(a)(1).

Chapter 3. Special Proceedings and Actions Page 404 Updated June 21, 2024

RULE 3.937 ADVICE OF APPELLATE RIGHTS

(A) At the conclusion of a dispositional hearing under MCR 3.943 or any delinquency

hearing at which the court orders that the juvenile be removed from a parent’s care and

custody, the court must advise the juvenile on the record that:

(1) The juvenile has a right to appellate review of the order.

(2) If the juvenile cannot afford an attorney for appeal, the court will appoint an

attorney at public expense and provide the attorney with the complete transcripts and

record of all proceedings.

(3) A request for the appointment of an appellate attorney must be made within 21

days after notice of the order is given or an order is entered denying a timely-filed

postjudgment motion.

(B) An advisement of rights must be made in language designed to ensure the juvenile’s

understanding of their rights. After advising a juvenile of their rights, the court must

inquire whether the juvenile understands each of their rights.

counsel form containing an instruction that the form must be completed and filed as

required by MCR 3.993(D) if the juvenile wants the court to appoint an appellate attorney.

ULE 3.939 CASE TRANSFERRED FROM DISTRICT COURT PURSUANT TO SUBCHAPTER 6.900

(A) General Procedure. Except as provided in subrule (B), the court shall hear and dispose

of a case transferred pursuant to MCL 766.14 in the same manner as if the case had been

commenced in the family division of circuit court. A petition that has been approved by

the prosecuting attorney must be submitted to the court.

(B) Probable Cause Finding of Magistrate. The court may use the probable cause finding

of the magistrate made at the preliminary examination to satisfy the probable cause

requirement of MCR 3.935(D)(1).

ULE 3.941 PLEAS OF ADMISSION OR NO CONTEST

(A) Capacity. A juvenile may offer a plea of admission or of no contest to an offense with

the consent of the court. The court shall not accept a plea to an offense unless the court is

satisfied that the plea is accurate, voluntary, and understanding.

(B) Conditional Pleas. The court may accept a plea of admission or of no contest

conditioned on preservation of an issue for appellate review.

personally address the juvenile and must comply with subrules (1)-(4).

(1) An Understanding Plea. The court shall tell the juvenile:

Chapter 3. Special Proceedings and Actions Page 405 Updated June 21, 2024

(a) the name of the offense charged,

(b) the possible dispositions,

juvenile gives up the rights that would be present at trial, including the right:

(i) to trial by jury,

(ii) to trial by the judge if the juvenile does not want trial by jury,

(iii) to be presumed innocent until proven guilty,

(iv) to have the petitioner or prosecutor prove guilt beyond a reasonable doubt,

(v) to have witnesses against the juvenile appear at the trial,

(vi) to question the witnesses against the juvenile,

(vii) to have the court order any witnesses for the juvenile's defense to appear

at the trial,

(viii) to remain silent and not have that silence used against the juvenile, and

(ix) to testify at trial, if the juvenile wants to testify.

(2) A Voluntary Plea.

(a) The court shall confirm any plea agreement on the record.

(b) The court shall ask the juvenile if any promises have been made beyond those

in a plea agreement or whether anyone has threatened the juvenile.

(3) An Accurate Plea. The court may not accept a plea of admission or of no contest

without establishing support for a finding that the juvenile committed the offense:

(a) either by questioning the juvenile or by other means when the plea is a plea of

admission, or

(b) by means other than questioning the juvenile when the juvenile pleads no

contest. The court shall also state why a plea of no contest is appropriate.

(4) Support for Plea. The court shall inquire of the parent, guardian, legal custodian, or

guardian ad litem, if present, whether there is any reason why the court should not

accept the plea tendered by the juvenile.

(D) Plea Withdrawal. The court may take a plea of admission or of no contest under

advisement. Before the court accepts the plea, the juvenile may withdraw the plea offer by

right. After the court accepts the plea, the court has discretion to allow the juvenile to

withdraw a plea.

ULE 3.942 TRIAL

(A) Time. In all cases the trial must be held within 6 months after the authorization of the

petition, unless adjourned for good cause. If the juvenile is detained, the trial has not

started within 63 days after the juvenile is taken into custody, and the delay in starting the

Chapter 3. Special Proceedings and Actions Page 406 Updated June 21, 2024

trial is not attributable to the defense, the court must immediately order the juvenile

released pending trial without requiring that bail be posted, unless the juvenile is being

detained on another matter.

(B) Preliminary Matters.

(1) The court shall determine whether all parties are present.

(a) The juvenile has the right to be present at the trial with an attorney, parent,

guardian, legal custodian, or guardian ad litem, if any.

(b) The court may proceed in the absence of a parent, guardian, or legal custodian

who was properly notified to appear.

(2) The court shall read the allegations contained in the petition, unless waived.

(3) The court shall inform the juvenile of the right to the assistance of an attorney

pursuant to MCR 3.915 unless an attorney appears representing the juvenile. If the

juvenile requests to proceed without the assistance of an attorney, the court must

advise the juvenile of the dangers and disadvantages of self-representation and make

sure the juvenile is literate and competent to conduct the defense.

proof beyond a reasonable doubt apply at trial.

(D) Verdict. In a delinquency proceeding, the verdict must be guilty or not guilty of either

the offense charged or a lesser included offense.

ULE 3.943 DISPOSITIONAL HEARING

(A) General. A dispositional hearing is conducted to determine what measures the court

will take with respect to a juvenile and, when applicable, any other person, once the court

has determined following trial or plea that the juvenile has committed an offense.

(B) Time. The interval between the plea of admission or trial and disposition, if any, is

within the court's discretion. When the juvenile is detained, the interval may not be more

than 35 days, except for good cause.

(1) The Michigan Rules of Evidence, other than those with respect to privileges, do

not apply at dispositional hearings. All relevant and material evidence, including oral

and written reports, may be received by the court and may be relied upon to the extent

of its probative value, even though such evidence may not be admissible at trial.

(2) The juvenile, or the juvenile's attorney, and the petitioner shall be afforded an

opportunity to examine and controvert written reports so received and, in the court's

discretion, may be allowed to cross-examine individuals making reports when those

individuals are reasonably available.

Chapter 3. Special Proceedings and Actions Page 407 Updated June 21, 2024

(3) No assertion of an evidentiary privilege, other than the privilege between attorney

and client, shall prevent the receipt and use, at a dispositional hearing, of materials

prepared pursuant to a court-ordered examination, interview, or course of treatment.

(D) Presence of Juvenile and Victim.

(1) The juvenile may be excused from part of the dispositional hearing for good cause

shown, but must be present when the disposition is announced.

(2) The victim has the right to be present at the dispositional hearing and to make an

impact statement as provided by the Crime Victim's Rights Act, MCL 780.751 et seq.

(E) Dispositions.

(1) If the juvenile has been found to have committed an offense, the court may enter an

order of disposition as provided by MCL 712A.18.

(2) In making second and subsequent dispositions in delinquency cases, the court must

consider imposing increasingly severe sanctions, which may include imposing

additional conditions of probation; extending the term of probation; imposing

additional costs; ordering a juvenile who has been residing at home into an out-of-

home placement; ordering a more restrictive placement; ordering state wardship for a

child who has not previously been a state ward; or any other conditions deemed

appropriate by the court. Waiver of jurisdiction to adult criminal court, either by

authorization of a warrant or by judicial waiver, is not considered a sanction for the

purpose of this rule.

(3) Before a juvenile is placed in an institution outside the state of Michigan as a

disposition, the court must find that:

(a) institutional care is in the best interests of the juvenile,

(b) equivalent facilities to meet the juvenile's needs are not available within

Michigan, and

(4) The court shall not enter an order of disposition for a juvenile offense until the

court verifies that the juvenile has had biometric data collected. If the juvenile has not

had biometric data collected, the court shall proceed as provided by MCR 3.936.

(5) If the court enters an order pursuant to the Crime Victim's Rights Act, MCL

780.751 et seq., the court shall only order the payment of one assessment at any

dispositional hearing, regardless of the number of offenses.

(6) The court shall prepare and forward to the Secretary of State an abstract of its

findings at such times and for such offenses as are required by law.

(7) Mandatory Detention for Use of a Firearm.

(a) In addition to any other disposition, a juvenile, other than a juvenile sentenced

in the same manner as an adult under MCL 712A.18(1)(o), shall be committed

Chapter 3. Special Proceedings and Actions Page 408 Updated June 21, 2024

under MCL 712A.18(1)(e) to a detention facility for a specified period of time if

all the following circumstances exist:

(i) the juvenile is under the jurisdiction of the court under MCL 712A.2(a)(1),

(ii) the juvenile was found to have violated a law of this state or of the United

States or a criminal municipal ordinance, and

(iii) the juvenile was found to have used a firearm during the offense.

(b) The length of the commitment to a detention facility shall not exceed the length

of the sentence that could have been imposed if the juvenile had been sentenced as

an adult.

converted to expel a projectile by action of an explosive.

(F) Advice of Appellate Rights. At the conclusion of the dispositional hearing, the court

must provide the juvenile with advice of appellate rights in accordance with MCR 3.937.

ULE 3.944 PROBATION VIOLATION

(A) Petition; Temporary Custody.

(1) Upon receipt of a sworn supplemental petition alleging that the juvenile has

violated any condition of probation, the court may:

(a) direct that the juvenile be notified pursuant to MCR 3.920 to appear for a

hearing on the alleged violation, which notice must include a copy of the probation

violation petition and a notice of the juvenile's rights as provided in subrule (C)(1);

(b) order that the juvenile be apprehended and brought to the court for a detention

hearing, which, except as otherwise provided in this rule, must be commenced

within 24 hours after the juvenile has been taken into court custody, excluding

Sundays and holidays as defined in MCR 8.110 (D)(2).

(2) When a juvenile is apprehended pursuant to court order as provided in subrule

(A)(1)(b), the officer must:

(a) forthwith take the juvenile

(i) to the court for a detention hearing, or

(ii) to the place designated by the court pending the scheduling of a detention

hearing; and

(b) notify the custodial parent, guardian, or legal custodian that the juvenile has

been taken into custody, of the time and place of the detention hearing, if known,

and of the need for the presence of the parent, guardian, or legal custodian at the

detention hearing.

(B) Detention Hearing; Procedure. At the detention hearing:

Chapter 3. Special Proceedings and Actions Page 409 Updated June 21, 2024

(1) The court must determine whether a parent, guardian, or legal custodian has been

notified and is present. If a parent, guardian, or legal custodian has been notified, but

fails to appear, the detention hearing may be conducted without a parent, guardian, or

legal custodian if a guardian ad litem or attorney appears with the juvenile.

(2) The court must provide the juvenile with a copy of the petition alleging probation

violation.

(3) The court must read the petition to the juvenile, unless the attorney or juvenile

waives the reading.

(4) The court must advise the juvenile of the juvenile's rights as provided in subrule

(C)(1) and of the possible dispositions.

(5) The juvenile must be allowed an opportunity to deny or otherwise plead to the

probation violation. If the juvenile wishes to admit the probation violation or plead no

contest, the court must comply with subrule (D) before accepting the plea.

(a) If the juvenile admits the probation violation or pleads no contest, and the court

accepts the plea, the court may modify the existing order of probation or may order

any disposition available under MCL 712A.18 or MCL 712A.18a.

(b) If the juvenile denies the probation violation or remains silent, the court must

schedule a probation violation hearing, which must commence within 42 days. The

court may order the juvenile detained without bond pending the probation

violation hearing if there is probable cause to believe the juvenile violated

probation. If the hearing is not commenced within 42 days, and the delay in

commencing the hearing is not attributable to the juvenile, the juvenile must be

released pending hearing without requiring that bail be posted.

712A.2(a)(2) to (4) and is detained in a secure facility, the petitioner shall ensure

that an appropriately trained, licensed, or certified mental health or substance

abuse professional interviews the juvenile in person within 24 hours to assess the

immediate mental health and substance abuse needs of the juvenile. The

assessment may alternatively be done upon filing of the petition, prior to any order

for placement in a secure facility. The completed assessment shall be provided to

the court within 48 hours of the placement and the court shall conduct a hearing to

determine all of the following:

(i) If there is reasonable cause to believe that the juvenile violated the court

order.

(ii) The appropriate placement of the juvenile pending the disposition of the

alleged violation, including if the juvenile should be placed in a secure facility.

(1) At the probation violation hearing, the juvenile has the following rights:

(a) the right to be present at the hearing,

(b) the right to an attorney pursuant to MCR 3.915(A)(1),

Chapter 3. Special Proceedings and Actions Page 410 Updated June 21, 2024

preponderance of the evidence,

(d) the right to have the court order any witnesses to appear at the hearing,

(e) the right to question witnesses against the juvenile,

(f) the right to remain silent and not have that silence used against the juvenile, and

(g) the right to testify at the hearing, if the juvenile wants to testify.

(2) At the probation violation hearing, the Michigan Rules of Evidence do not apply,

other than those with respect to privileges. There is no right to a jury.

(3) If it is alleged that the juvenile violated probation by having been found, pursuant

to MCR 3.941 or MCR 3.942, to have committed an offense, the juvenile may then be

found to have violated probation pursuant to this rule.

(D) Pleas of Admission or No Contest. If the juvenile wishes to admit the probation

violation or plead no contest, before accepting the plea, the court must:

(1) tell the juvenile the nature of the alleged probation violation;

(2) tell the juvenile the possible dispositions;

(3) tell the juvenile that if the plea is accepted, the juvenile will not have a contested

hearing of any kind, so the juvenile would give up the rights that the juvenile would

have at a contested hearing, including the rights as provided in subrule (C)(1);

(4) confirm any plea agreement on the record;

(5) ask the juvenile if any promises have been made beyond those in the plea

agreement and whether anyone has threatened the juvenile;

(6) establish support for a finding that the juvenile violated probation,

(a) by questioning the juvenile or by other means when the plea is a plea of

admission, or

(b) by means other than questioning the juvenile when the juvenile pleads no

contest. The court must also state why a plea of no contest is appropriate;

(7) inquire of the parent, guardian, legal custodian, or guardian ad litem whether there

is any reason why the court should not accept the juvenile's plea. Agreement or

objection by the parent, guardian, legal custodian, or guardian ad litem to a plea of

admission or of no contest by a juvenile shall be placed on the record if the parent,

guardian, legal custodian, or guardian ad litem is present; and

(8) determine that the plea is accurately, voluntarily and understandingly made.

(E) Disposition of Probation Violation; Reporting.

(1) If, after hearing, the court finds that a violation of probation has occurred, the court

may modify the existing order of probation or order any disposition available under

MCL 712A.18 or MCL 712A.18a.

Chapter 3. Special Proceedings and Actions Page 411 Updated June 21, 2024

(2) If, after hearing, the court finds that the juvenile has violated a court order under

MCL 712A.2(a)(2) to (4), and the juvenile is ordered to be placed in a secure facility,

the order shall include all of the following individualized findings by the court:

(a) The court order the juvenile violated;

(b) The factual basis for determining that there was a reasonable cause to believe

that the juvenile violated the court order;

appropriate less restrictive alternative placement available considering the best

interests of the juvenile;

(d) The length of time, not to exceed 7 days, that the juvenile may remain in the

secure facility and the plan for the juvenile’s release from the facility; and

(e) The order may not be renewed or extended.

(3) If, after hearing, the court finds that a violation of probation occurred on the basis

of the juvenile having committed an offense, that finding must be recorded as a

violation of probation only and not a finding that the juvenile committed the

underlying offense. That finding must not be reported to the State Police or the

Secretary of State as an adjudication or a disposition.

(F) Determination of Ability to Pay. A juvenile and/or parent shall not be detained or

incarcerated for the nonpayment of court-ordered financial obligations as ordered by the

court, unless the court determines that the juvenile and/or parent has the resources to pay

and has not made a good-faith effort to do so.

ULE 3.945 DISPOSITIONAL REVIEW

(A) Dispositional Review Hearings.

(1) Generally. The court must conduct periodic hearings to review the dispositional

orders in delinquency cases in which the juvenile has been placed outside the home.

Such review hearings must be conducted at intervals designated by the court, or may

be requested at any time by a party or by a probation officer or caseworker. The victim

has a right to make a statement at the hearing or submit a written statement for use at

the hearing, or both. At a dispositional review hearing, the court may modify or amend

the dispositional order or treatment plan to include any disposition permitted by MCL

712A.18 and MCL 712A.18a or as otherwise permitted by law; and shall permit the

court to approve or disapprove of the child’s initial or continued placement in a

qualified residential treatment. The Michigan Rules of Evidence, other than those with

respect to privileges, do not apply.

(2) Required Review Hearings.

(a) If the juvenile is placed in out-of-home care, the court must hold dispositional

review hearings no later than every 182 days after the initial disposition, as

provided in MCL 712A.19(2).

Chapter 3. Special Proceedings and Actions Page 412 Updated June 21, 2024

(b) A review hearing is required before a juvenile is moved to a more physically

restrictive type of placement, unless the court in its dispositional order has

provided for a more physically restrictive type of placement. A review hearing is

not required if the juvenile and a parent consent to the new placement in a writing

filed with the court. A juvenile, who has been ordered placed in a juvenile facility,

may be released only with the approval of the court.

disapprove of a child’s initial placement or continued placement in a qualified

residential treatment program.

(B) Hearing to Extend Jurisdiction.

(1) When Required. When a juvenile committed under MCL 712A.18(1)(e) for an

offense specified in MCL 712A.18d remains under court jurisdiction after the

juvenile's 18th birthday, the court must conduct a hearing to determine whether to

extend the court's jurisdiction to age 21, pursuant to MCL 712A.18d.

(a) Time of Hearing. Unless adjourned for good cause, a commitment review

hearing must be held as nearly as possible to, but before, the juvenile's 19th

birthday.

(b) Notice of Hearing. Notice of the hearing must be given to the prosecuting

attorney, the agency or the superintendent of the institution or facility to which the

juvenile has been committed, the juvenile, and, if the address or whereabouts are

known, the parent, guardian or legal custodian of the juvenile, at least 14 days

before the hearing. The notice must clearly indicate that the court may extend

jurisdiction over the juvenile until the juvenile reaches 21 years of age and must

include advice to the juvenile and the parent, guardian, or legal custodian that the

juvenile has the right to an attorney.

(2) Appointment of Attorney. The court must appoint an attorney to represent the

juvenile at the hearing unless an attorney has been retained.

(3) Evidence; Commitment Report. The Michigan Rules of Evidence do not apply,

other than those with respect to privileges. The institution, agency, or facility must

prepare a report for use at the hearing to extend jurisdiction. The report must contain

information required by MCL 803.225. The court must consider this information in

determining whether to extend jurisdiction beyond the age of 19.

(4) Burden of Proof; Findings. The court must extend jurisdiction over the juvenile

until the age of 21, unless the juvenile proves by a preponderance of the evidence that

the juvenile has been rehabilitated and does not present a serious risk to public safety.

In making the determination, the court must consider the following factors:

(a) the extent and nature of the juvenile's participation in education, counseling, or

work programs;

(b) the juvenile's willingness to accept responsibility for prior behavior;

Chapter 3. Special Proceedings and Actions Page 413 Updated June 21, 2024

(d) the juvenile's prior record, character, and physical and mental maturity;

(e) the juvenile's potential for violent conduct, as demonstrated by prior behavior;

(f) the recommendations of the institution, agency, or facility charged with the

juvenile's care regarding the appropriateness of the juvenile's release or continued

custody; and

(g) any other information the prosecuting attorney or the juvenile submits.

(1) Out-of-Home Care. If the juvenile is placed outside the home, the court must hold

a dispositional review hearing no later than every 182 days after the hearing to extend

jurisdiction.

(2) Periodic Review. If the institution, agency, or facility to which the juvenile was

committed believes that the juvenile has been rehabilitated and does not present a

serious risk to public safety, the institution, agency, or facility may petition the court to

conduct a review hearing at any time before the juvenile becomes 21 years of age.

(D) Juvenile on Conditional Release. The procedures set forth in MCR 3.944 apply to

juveniles committed under MCL 712A.18 who have allegedly violated a condition of

release after being returned to the community on release from a public institution. The

court need not conduct such a hearing when there will be an administrative hearing by the

agency to which the juvenile is committed, provided the court has not retained

jurisdiction.

ULE 3.946 POST-DISPOSITIONAL SECURE DETENTION PENDING RETURN TO PLACEMENT

(A) If a juvenile who has been found to have committed an offense that would be a

misdemeanor or a felony if committed by an adult has been placed out of the home by

court order or by the Department of Health and Human Services, and the juvenile leaves

such placement without authority, upon being apprehended the juvenile may be detained

without the right to bail. Any detention must be authorized by the court.

(B) If a juvenile is placed in secure detention pursuant to this rule and no new petition is

filed that would require a preliminary hearing pursuant to MCR 3.935, and no probation

violation petition is filed, the court must conduct a detention hearing within 48 hours after

the juvenile has been taken into custody, excluding Sundays and holidays as defined by

MCR 8.110(D)(2).

(1) assure that the custodial parent, guardian, or legal custodian has been notified, if

that person's whereabouts are known,

(2) advise the juvenile of the right to be represented by an attorney,

(3) determine whether the juvenile should be released or should continue to be

detained.

Chapter 3. Special Proceedings and Actions Page 414 Updated June 21, 2024

RULE 3.947 OTHER PLACEMENT REVIEW PROCEEDINGS

(A) Review of Juvenile’s Placement in A Qualified Residential Treatment Program.

(1) Ex Parte Petition for Review. Within 45 days of the juvenile’s initial placement in

a qualified residential treatment program, the Agency shall file an ex parte petition

requesting the court approve or disapprove the placement.

(a) Supporting Documents. The petition shall be accompanied by the assessment,

determination, and documentation made by the qualified individual.

(b) Service. The Agency shall serve the ex parte petition and accompanying

documentation on all parties.

(2) Judicial Determination. Within 14 days of filing, the court, or an administrative

body appointed or approved by the court independently, shall review the petition, and

any supporting documentation filed pursuant to this subrule, and issue an order

approving or disapproving of the placement. The order shall include individualized

findings by the court or administrative body as to whether:

(a) the needs of the juvenile can be met in a foster family home, and if not,

(b) whether placement of the juvenile provides the most effective and appropriate

level of care for the juvenile in the least restrictive environment, and

the juvenile.

The court shall serve the order on parties. The court is not required to hold a hearing

on the ex parte petition under this subrule.

ULE 3.950 WAIVER OF JURISDICTION

(A) Authority. Only a judge assigned to hear cases in the family division of the circuit

court of the county where the offense is alleged to have been committed may waive

jurisdiction pursuant to MCL 712A.4.

(B) Definition. As used in this rule, “felony” means an offense punishable by

imprisonment for more than one year or an offense designated by law as a felony.

the family division waive its jurisdiction to a court of general criminal jurisdiction must be

in writing and must clearly indicate the charges and that if the motion is granted the

juvenile will be prosecuted as though an adult.

(1) A motion to waive jurisdiction of the juvenile must be filed within 14 days after the

petition has been authorized to be filed. Absent a timely motion and good cause

shown, the juvenile shall no longer be subject to waiver of jurisdiction on the charges.

(2) A copy of the motion seeking waiver must be personally served on the juvenile and

the parent, guardian, or legal custodian of the juvenile, if their addresses or

whereabouts are known or can be determined by the exercise of due diligence.

Chapter 3. Special Proceedings and Actions Page 415 Updated June 21, 2024

(D) Hearing Procedure. The waiver hearing consists of two phases. Notice of the date,

time, and place of the hearings may be given either on the record directly to the juvenile or

to the attorney for the juvenile, the prosecuting attorney, and all other parties, or in

writing, served on each individual.

(1) First Phase. The first-phase hearing is to determine whether there is probable cause

to believe that an offense has been committed that if committed by an adult would be a

felony, and that there is probable cause to believe that the juvenile who is 14 years of

age or older committed the offense.

(a) The probable cause hearing must be commenced within 28 days after the

authorization of the petition unless adjourned for good cause.

(b) At the hearing, the prosecuting attorney has the burden to present legally

admissible evidence to establish each element of the offense and to establish

probable cause that the juvenile committed the offense.

(i) the court has found the requisite probable cause at a hearing under MCR

3.935(D)(1), provided that at the earlier hearing only legally admissible

evidence was used to establish probable cause that the offense was committed

and probable cause that the juvenile committed the offense; or

(ii) the juvenile, after being informed by the court on the record that the

probable cause hearing is equivalent to and held in place of preliminary

examination in district court, waives the hearing. The court must determine

that the waiver of hearing is freely, voluntarily, and understandingly given and

that the juvenile knows there will be no preliminary examination in district

court if the court waives jurisdiction.

(2) Second Phase. If the court finds the requisite probable cause at the first-phase

hearing, or if there is no hearing pursuant to subrule (D)(1)(c), the second-phase

hearing shall be held to determine whether the interests of the juvenile and the public

would best be served by granting the motion. However, if the juvenile has been

previously subject to the general criminal jurisdiction of the circuit court under MCL

712A.4 or 600.606, the court shall waive jurisdiction of the juvenile to the court of

general criminal jurisdiction without holding the second-phase hearing.

(a) The second-phase hearing must be commenced within 28 days after the

conclusion of the first phase, or within 35 days after the authorization of the

petition if there was no hearing under subrule (D)(1)(c), unless adjourned for good

cause.

(b) The Michigan Rules of Evidence, other than those with respect to privileges,

do not apply to the second phase of the waiver hearing.

the evidence that the best interests of the juvenile and the public would be served

by waiver.

Chapter 3. Special Proceedings and Actions Page 416 Updated June 21, 2024

(d) The court, in determining whether to waive the juvenile to the court having

general criminal jurisdiction, shall consider and make findings on the following

criteria, giving greater weight to the seriousness of the alleged offense and the

juvenile's prior record of delinquency than to the other criteria:

(i) the seriousness of the alleged offense in terms of community protection,

including, but not limited to, the existence of any aggravating factors

recognized by the sentencing guidelines, the use of a firearm or other

dangerous weapon, and the effect on any victim;

(ii) the culpability of the juvenile in committing the alleged offense, including,

but not limited to, the level of the juvenile's participation in planning and

carrying out the offense and the existence of any aggravating or mitigating

factors recognized by the sentencing guidelines;

(iii) the juvenile's prior record of delinquency including, but not limited to, any

record of detention, any police record, any school record, or any other evidence

indicating prior delinquent behavior;

(iv) the juvenile's programming history, including, but not limited to, the

juvenile's past willingness to participate meaningfully in available

programming;

(v) the adequacy of the punishment or programming available in the juvenile

justice system;

(vi) the dispositional options available for the juvenile.

(e) In determining whether to waive the juvenile to the court having general

criminal jurisdiction, the court may also consider any stipulation by the defense to

a finding that the best interests of the juvenile and the public support a waiver.

(E) Grant of Waiver Motion.

(1) If the court determines that it is in the best interests of the juvenile and public to

waive jurisdiction over the juvenile, the court must:

(a) Enter a written order granting the motion to waive jurisdiction and transferring

the matter to the appropriate court having general criminal jurisdiction for

arraignment of the juvenile on an information.

(b) Make findings of fact and conclusions of law forming the basis for entry of the

waiver order. The findings and conclusions may be incorporated in a written

opinion or stated on the record.

(i) the juvenile is entitled to appellate review of the decision to waive

jurisdiction,

(ii) the juvenile must seek review of the decision in the Court of Appeals

within 21 days of the order to preserve the appeal of right, and

Chapter 3. Special Proceedings and Actions Page 417 Updated June 21, 2024

(iii) if the juvenile is financially unable to retain an attorney, the court will

appoint one to represent the juvenile on appeal.

(d) The court shall send, without cost, a copy of the order and a copy of the written

opinion or transcript of the court's findings and conclusions, to the court having

general criminal jurisdiction.

(2) Upon the grant of a waiver motion, a juvenile must be transferred to the adult

criminal justice system and is subject to the same procedures used for adult criminal

defendants. Juveniles waived pursuant to this rule are required to be kept separate and

apart from adult prisoners as required by MCL 764.27a.

(F) Denial of Waiver Motion. If the waiver motion is denied, the court shall make written

findings or place them on the record. A transcript of the court's findings or, if a written

opinion is prepared, a copy of the written opinion must be sent to the prosecuting attorney

and the juvenile, or juvenile's attorney, upon request. If the juvenile is detained and the

trial of the matter in the family division has not started within 28 days after entry of the

order denying the waiver motion, and the delay is not attributable to the defense, the court

shall forthwith order the juvenile released pending trial without requiring that bail be

posted, unless the juvenile is being detained on another matter.

(G) Psychiatric Testimony.

(1) A psychiatrist, psychologist, or certified social worker who conducts a court-

ordered examination for the purpose of a waiver hearing may not testify at a

subsequent criminal proceeding involving the juvenile without the juvenile's written

consent.

(2) The juvenile's consent may only be given:

(a) in the presence of an attorney representing the juvenile or, if no attorney

represents the juvenile, in the presence of a parent, guardian, or legal custodian;

(b) after the juvenile has had an opportunity to read the report of the psychiatrist,

psychologist, or certified social worker; and

(3) Consent to testimony by the psychiatrist, psychologist, or certified social worker

does not waive the juvenile's privilege against self-incrimination.

ULE 3.951 INITIATING DESIGNATED PROCEEDINGS

(A) Prosecutor-Designated Cases. The procedures in this subrule apply if the prosecuting

attorney submits a petition designating the case for trial in the same manner as an adult.

(1) Time for Arraignment.

(a) If the juvenile is in custody or custody is requested, the arraignment must

commence no later than 24 hours after the juvenile has been taken into court

custody, excluding Sundays and holidays as defined by MCR 8.110(D)(2), or the

juvenile must be released. The court may adjourn the arraignment for up to 7 days

Chapter 3. Special Proceedings and Actions Page 418 Updated June 21, 2024

to secure the attendance of the juvenile's parent, guardian, or legal custodian or of

a witness, or for other good cause shown.

(b) If the juvenile is not in custody and custody is not requested, the juvenile must

be brought before the court for an arraignment as soon as the juvenile's attendance

can be secured.

(2) Procedure.

(a) The court shall determine whether the juvenile’s parent, guardian, or legal

custodian has been notified and is present. The arraignment may be conducted

without a parent, guardian, or legal custodian, provided a guardian ad litem or

attorney appears with the juvenile. Attorney appointments, even if just for the

arraignment, are to be done by the court’s local funding unit’s appointing

authority.

(b) The court shall read the allegations in the petition and advise the juvenile on

the record in plain language:

(i) of the right to an attorney at all court proceedings, including the

arraignment;

(ii) of the right to trial by judge or jury on the allegations in the petition;

(iii) of the right to remain silent and that any statement made by the juvenile

may be used against the juvenile;

(iv) of the right to have a preliminary examination within 14 days;

(v) that the case has been designated for trial in the same manner as an adult

and, if the prosecuting attorney proves that there is probable cause to believe

an offense was committed and there is probable cause to believe that the

juvenile committed the offense, the juvenile will be afforded all the rights of an

adult charged with the same crime and that upon conviction the juvenile may

be sentenced as an adult; and

(vi) of the maximum possible prison sentence and any mandatory minimum

sentence required by law.

authorize the petition to be filed. If it authorizes the filing of the petition, the court

must:

(i) determine if biometric data must be taken as provided by MCR 3.936;

(ii) schedule a preliminary examination within 14 days before a judge other

than the judge who would conduct the trial;

(iii) if the juvenile is in custody or custody is requested, determine whether to

detain or release the juvenile as provided in MCR 3.935(C).

(d) If the juvenile is in custody or custody is requested, the juvenile may be

detained pending the completion of the arraignment if it appears to the court that

one of the circumstances in MCR 3.935(D)(1) is present.

Chapter 3. Special Proceedings and Actions Page 419 Updated June 21, 2024

(3) Amendment of Petition. If a petition submitted by the prosecuting attorney alleging

a specified juvenile violation did not include a designation of the case for trial as an

adult:

(a) The prosecuting attorney may, by right, amend the petition to designate the

case during the preliminary hearing.

(b) The prosecuting attorney may request leave of the court to amend the petition

to designate the case no later than the pretrial hearing or, if there is no pretrial

hearing, at least 21 days before trial, absent good cause for further delay. The court

may permit the prosecuting attorney to amend the petition to designate the case as

the interests of justice require.

(B) Court-Designated Cases. The procedures in this subrule apply if the prosecuting

attorney submits a petition charging an offense other than a specified juvenile violation

and requests the court to designate the case for trial in the same manner as an adult.

(1) Time for Arraignment.

(a) If the juvenile is in custody or custody is requested, the arraignment must

commence no later than 24 hours after the juvenile has been taken into court

custody, excluding Sundays and holidays as defined by MCR 8.110(D)(2), or the

juvenile must be released. The court may adjourn the arraignment for up to 7 days

to secure the attendance of the juvenile's parent, guardian, or legal custodian or of

a witness, or for other good cause shown.

(b) If the juvenile is not in custody and custody is not requested, the juvenile must

be brought before the court for an arraignment as soon as the juvenile's attendance

can be secured.

(2) Procedure.

(a) The court shall determine whether the juvenile's parent, guardian, or legal

custodian has been notified and is present. The arraignment may be conducted

without a parent, guardian, or legal custodian, provided a guardian ad litem or

attorney appears with the juvenile. Attorney appointments, even if just for the

arraignment, are to be done by the court’s local funding unit’s appointing

authority.

(b) The court shall read the allegations in the petition, and advise the juvenile on

the record in plain language:

(i) of the right to an attorney at all court proceedings, including the

arraignment;

(ii) of the right to trial by judge or jury on the allegations in the petition;

(iii) of the right to remain silent and that any statement made by the juvenile

may be used against the juvenile;

(iv) of the right to have a designation hearing within 14 days;

Chapter 3. Special Proceedings and Actions Page 420 Updated June 21, 2024

(v) of the right to have a preliminary examination within 14 days after the case

is designated if the juvenile is charged with a felony or offense for which an

adult could be imprisoned for more than one year;

(vi) that if the case is designated by the court for trial in the same manner as an

adult and, if a preliminary examination is required by law, the prosecuting

attorney proves that there is probable cause to believe that an offense was

committed and there is probable cause to believe that the juvenile committed

the offense, the juvenile will be afforded all the rights of an adult charged with

the same crime and that upon conviction the juvenile may be sentenced as an

adult;

(vii) of the maximum possible prison sentence and any mandatory minimum

sentence required by law.

authorize the petition to be filed. If it authorizes the filing of the petition, the court

must:

(i) determine if biometric data must be taken as provided by MCR 3.936;

(ii) schedule a designation hearing within 14 days;

(iii) if the juvenile is in custody or custody is requested, determine whether to

detain or release the juvenile as provided in MCR 3.935(C).

(d) If the juvenile is in custody or custody is requested, the juvenile may be

detained pending the completion of the arraignment if it appears to the court that

one of the circumstances in MCR 3.935(D)(1) is present.

(3) Amendment of Petition. If a petition submitted by the prosecuting attorney alleging

an offense other than a specified juvenile violation did not include a request that the

court designate the case for trial as an adult:

(a) The prosecuting attorney may, by right, amend the petition to request the court

to designate the case during the preliminary hearing.

(b) The prosecuting attorney may request leave of the court to amend the petition

to request the court to designate the case no later than the pretrial hearing or, if

there is no pretrial hearing, at least 21 days before trial, absent good cause for

further delay. The court may permit the prosecuting attorney to amend the petition

to request the court to designate the case as the interests of justice require.

ULE 3.952 DESIGNATION HEARING

(A) Time. The designation hearing shall be commenced within 14 days after the

arraignment, unless adjourned for good cause.

(B) Notice.

(1) A copy of the petition or a copy of the petition and separate written request for

court designation must be personally served on the juvenile and the juvenile's parent,

Chapter 3. Special Proceedings and Actions Page 421 Updated June 21, 2024

guardian, or legal custodian, if the address or whereabouts of the juvenile's parent,

guardian, or custodian is known or can be determined by the exercise of due diligence.

(2) Notice of the date, time, and place of the designation hearing must be given to the

juvenile, the juvenile's parent, guardian, or legal custodian, the attorney for the

juvenile, if any, and the prosecuting attorney. The notice may be given either orally on

the record or in writing, served on each individual by mail, or given in another manner

reasonably calculated to provide notice.

(1) Evidence. The Michigan Rules of Evidence, other than those with respect to

privileges, do not apply.

(2) Burden of Proof. The prosecuting attorney has the burden of proving by a

preponderance of the evidence that the best interests of the juvenile and the public

would be served by designation.

(3) Factors to be Considered. In determining whether to designate the case for trial in

the same manner as an adult, the court must consider all the following factors, giving

greater weight to the seriousness of the alleged offense and the juvenile's prior

delinquency record than to the other factors:

(a) the seriousness of the alleged offense in terms of community protection,

including, but not limited to, the existence of any aggravating factors recognized

by the sentencing guidelines, the use of a firearm or other dangerous weapon, and

the effect on any victim;

(b) the culpability of the juvenile in committing the alleged offense, including, but

not limited to, the level of the juvenile's participation in planning and carrying out

the offense and the existence of any aggravating or mitigating factors recognized

by the sentencing guidelines;

record of detention, any police record, any school record, or any other evidence

indicating prior delinquent behavior;

(d) the juvenile's programming history, including, but not limited to, the juvenile's

past willingness to participate meaningfully in available programming;

(e) the adequacy of the punishment or programming available in the juvenile

justice system; and

(f) the dispositional options available for the juvenile.

(D) Grant of Request for Court Designation.

(1) If the court determines that it is in the best interests of the juvenile and the public

that the juvenile be tried in the same manner as an adult in the family division of the

circuit court, the court must:

(a) Enter a written order granting the request for court designation and

Chapter 3. Special Proceedings and Actions Page 422 Updated June 21, 2024

(i) schedule a preliminary examination within 14 days if the juvenile is charged

with a felony or an offense for which an adult could be imprisoned for more

than one year, or

(ii) schedule the matter for trial or pretrial hearing if the juvenile is charged

with a misdemeanor.

(b) Make findings of fact and conclusions of law forming the basis for entry of the

order designating the petition. The findings and conclusions may be incorporated

in a written opinion or stated on the record.

(E) Denial of Request for Designation. If the request for court designation is denied, the

court shall make written findings or place them on the record. Further proceedings shall be

conducted pursuant to MCR 3.941-3.944.

ULE 3.953 PRELIMINARY EXAMINATION IN DESIGNATED CASES

(A) Requirement. A preliminary examination must be held only in designated cases in

which the juvenile is alleged to have committed a felony or an offense for which an adult

could be imprisoned for more than one year.

(B) Waiver. The juvenile may waive the preliminary examination if the juvenile is

represented by an attorney and the waiver is made and signed by the juvenile in open

court. The judge shall find and place on the record that the waiver was freely,

understandingly, and voluntarily given.

designation hearing provided that the Michigan Rules of Evidence, except as otherwise

provided by law, apply only to the preliminary examination phase of the combined

hearing.

(D) Time. The preliminary examination must commence within 14 days of the

arraignment in a prosecutor-designated case or within 14 days after court-ordered

designation of a petition, unless the preliminary examination was combined with the

designation hearing.

(E) Procedure. The preliminary examination must be conducted in accordance with MCR

6.110.

(F) Findings.

(1) If the court finds there is probable cause to believe that the alleged offense was

committed and probable cause to believe the juvenile committed the offense, the court

may schedule the matter for trial or a pretrial hearing.

(2) If the court does not find there is probable cause to believe that the alleged offense

was committed or does not find there is probable cause to believe the juvenile

committed the offense, the court shall dismiss the petition, unless the court finds there

Chapter 3. Special Proceedings and Actions Page 423 Updated June 21, 2024

is probable cause to believe that a lesser included offense was committed and probable

cause to believe the juvenile committed that offense.

(3) If the court finds there is probable cause to believe that a lesser included offense

was committed and probable cause to believe the juvenile committed that offense, the

court may, as provided in MCR 3.952, further determine whether the case should be

designated as a case in which the juvenile should be tried in the same manner as an

adult. If the court designates the case following the determination of probable cause

under this subrule, the court may schedule the matter for trial or a pretrial hearing.

(G) Confinement. If the court has designated the case and finds probable cause to believe

that a felony or an offense for which an adult could be imprisoned for more than one year

has been committed and probable cause to believe that the juvenile committed the offense,

the judge may confine the juvenile in the county jail pending trial. If the juvenile is under

18 years of age, the juvenile may be confined in jail only if the juvenile can be separated

by sight and sound from adult prisoners and if the sheriff has approved the confinement.

ULE 3.954 TRIAL OF DESIGNATED CASES

Trials of designated cases are governed by subchapter 6.400, except for MCR 6.402(A).

The court may not accept a waiver of trial by jury until after the juvenile has been offered an

opportunity to consult with a lawyer. Pleas in designated cases are governed by subchapter 6.300.

ULE 3.955 SENTENCING OR DISPOSITION IN DESIGNATED CASES

(A) Determining Whether to Sentence or Impose Disposition. If a juvenile is convicted

under MCL 712A.2d, sentencing or disposition shall be made as provided in MCL

712A.18(1)(o) and the Crime Victim's Rights Act, MCL 780.751 et seq., if applicable. In

deciding whether to enter an order of disposition, or impose or delay imposition of

sentence, the court shall consider all the following factors, giving greater weight to the

seriousness of the offense and the juvenile's prior record:

(1) the seriousness of the alleged offense in terms of community protection, including

but not limited to, the existence of any aggravating factors recognized by the

sentencing guidelines, the use of a firearm or other dangerous weapon, and the effect

on any victim;

(2) the culpability of the juvenile in committing the alleged offense, including, but not

limited to, the level of the juvenile's participation in planning and carrying out the

offense and the existence of any aggravating or mitigating factors recognized by the

sentencing guidelines;

(3) the juvenile's prior record of delinquency including, but not limited to, any record

of detention, any police record, any school record, or any other evidence indicating

prior delinquent behavior;

(4) the juvenile's programming history, including, but not limited to, the juvenile's past

willingness to participate meaningfully in available programming;

Chapter 3. Special Proceedings and Actions Page 424 Updated June 21, 2024

(5) the adequacy of the punishment or programming available in the juvenile justice

system; and

(6) the dispositional options available for the juvenile.

The court also shall give the juvenile, the juvenile’s lawyer, the prosecutor, and the

victim an opportunity to advise the court of any circumstances they believe the court

should consider in deciding whether to enter an order of disposition or to impose or

delay imposition of sentence.

(B) Burden of Proof. The court shall enter an order of disposition unless the court

determines that the best interests of the public would be served by sentencing the juvenile

as an adult. The prosecuting attorney has the burden of proving by a preponderance of the

evidence that, on the basis of the criteria in subrule (A), it would be in the best interests of

the public to sentence the juvenile as an adult.

either initially or following a delayed imposition of sentence, the sentencing hearing shall

be held in accordance with the procedures set forth in MCR 6.425.

(D) Delayed Imposition of Sentence. If the court determines that the juvenile should be

sentenced as an adult, the court may, in its discretion, enter an order of disposition

delaying imposition of sentence and placing the juvenile on probation on such terms and

conditions as it considers appropriate, including ordering any disposition under MCL

712A.18. A delayed sentence may be imposed in accordance with MCR 3.956.

(E) Disposition Hearing. If the court does not determine that the juvenile should be

sentenced as an adult, the court shall hold a dispositional hearing and comply with the

procedures set forth in MCR 3.943.

ULE 3.956 REVIEW HEARINGS; PROBATION VIOLATION

(A) Review Hearings in Delayed Imposition of Sentence Cases.

(1) When Required. If the court entered an order of disposition delaying imposition of

sentence, the court shall conduct a review hearing to determine whether the juvenile

has been rehabilitated and whether the juvenile presents a serious risk to public safety.

(a) Time of Hearing.

(i) Annual Review. The court shall conduct an annual review of the probation,

including, but not limited to, the services being provided to the juvenile, the

juvenile's placement, and the juvenile's progress in placement. In conducting

the review, the court must examine any report prepared under MCL 803.223,

and any report prepared by the officer or agency supervising probation. The

court may order changes in the juvenile's probation on the basis of the review

including, but not limited to, imposition of sentence.

Chapter 3. Special Proceedings and Actions Page 425 Updated June 21, 2024

(ii) Review on Request of Institution or Agency. If an institution or agency to

which the juvenile was committed believes that the juvenile has been

rehabilitated and does not present a serious risk to public safety, the institution

or agency may petition the court to conduct a review hearing at any time before

the juvenile becomes 19 years of age or, if the court has extended jurisdiction,

any time before the juvenile becomes 21 years of age.

(iii) Mandatory Review. The court shall schedule a review hearing to be held

within 42 days before the juvenile attains the age of 19, unless adjourned for

good cause.

(iv) Final Review. The court shall conduct a final review of the juvenile's

probation not less than 91 days before the end of the probation period.

(b) Notice of Hearing. Notice of the hearing must be given at least 14 days before

the hearing to

(i) the prosecuting attorney;

(ii) the agency or the superintendent of the institution or facility to which the

juvenile has been committed;

(iii) the juvenile; and

(iv) if the address or whereabouts are known, the parent, guardian, or legal

custodian of the juvenile.

The notice must clearly indicate that the court may extend jurisdiction over the

juvenile or impose sentence and must advise the juvenile and the parent,

guardian, or legal custodian of the juvenile that the juvenile has a right to an

attorney.

(2) Appointment of Attorney. The court must appoint an attorney to represent the

juvenile unless an attorney has been retained. The court may assess the cost of

providing an attorney as costs against the juvenile or those responsible for the

juvenile's support, or both, if the persons to be assessed are financially able to comply.

(3) Evidence; Commitment Report. The court may consider the commitment report

prepared as provided in MCL 803.225 and any report prepared upon the court's order

by the officer or agency supervising probation.

(4) Burden of Proof; Findings.

(a) Before the court may continue jurisdiction over the juvenile or impose

sentence, the prosecuting attorney must demonstrate by a preponderance of the

evidence that the juvenile has not been rehabilitated or that the juvenile presents a

serious risk to public safety. The Michigan Rules of Evidence, other than those

with respect to privileges, do not apply. In making the determination, the court

must consider the following factors:

(i) the extent and nature of the juvenile's participation in education, counseling,

or work programs;

(ii) the juvenile's willingness to accept responsibility for prior behavior;

Chapter 3. Special Proceedings and Actions Page 426 Updated June 21, 2024

(iii) the juvenile's behavior in the current placement;

(iv) the juvenile's prior record, character, and physical and mental maturity;

(v) the juvenile's potential for violent conduct as demonstrated by prior

behavior;

(vi) the recommendation of the institution, agency, or facility charged with the

juvenile's care for the juvenile's release or continued custody;

(vii) any other information the prosecuting attorney or the juvenile submit.

(b) Before the court may impose a sentence at the final review hearing, the court

must determine that the best interests of the public would be served by the

imposition of a sentence provided by law for an adult offender. In making the

determination, the court must consider the following factors, in addition to the

criteria specified in subrule (4)(a):

(i) the effect of treatment on the juvenile's rehabilitation;

(ii) whether the juvenile is likely to be dangerous to the public if released;

(iii) the best interests of the public welfare and the protection of public

security.

(5) Sentencing credit. If a sentence of imprisonment is imposed, the juvenile shall

receive credit for the time served on probation.

(B) Violation of Probation in Delayed Imposition of Sentence Cases.

(1) Subsequent Conviction. If a juvenile placed on probation under an order of

disposition delaying imposition of sentence is found by the court to have violated

probation by being convicted of a felony or a misdemeanor punishable by

imprisonment for more than 1 year, or adjudicated as responsible for an offense that if

committed by an adult would be a felony or a misdemeanor punishable by

imprisonment for more than 1 year, the court shall revoke probation and sentence the

juvenile to imprisonment for a term that does not exceed the penalty that could have

been imposed for the offense for which the juvenile was originally convicted and

placed on probation.

(2) Other Violations of Probation. If a juvenile placed on probation under an order of

disposition delaying imposition of sentence is found by the court to have violated

probation other than as provided in subrule (B)(1), the court may impose sentence or

may order any of the following for the juvenile:

(a) A change in placement.

(b) Community service.

(d) Mental health counseling.

(e) Participation in a vocational-technical program.

Chapter 3. Special Proceedings and Actions Page 427 Updated June 21, 2024

(f) Incarceration in the county jail for not more than 30 days if the present county

jail facility would meet all requirements under federal law and regulations for

housing juveniles, and if the court has consulted with the sheriff to determine when

the sentence will begin to ensure that space will be available for the juvenile. If the

juvenile is under 18 years of age, the juvenile must be placed in a room or ward out

of sight and sound from adult prisoners.

(g) Other participation or performance as the court considers necessary.

(3) Hearing. The probation violation hearing must be conducted pursuant to MCR

3.944(C).

(4) Sentencing Credit. If a sentence of imprisonment is imposed, the juvenile must

receive credit for the time served on probation.

incarcerated for the nonpayment of court-ordered financial obligations as ordered by the

court, unless the court determines that the juvenile and/or parent has the resources to pay

and has not made a good-faith effort to do so.

ULE 3.961 INITIATING CHILD PROTECTIVE PROCEEDINGS

(A) Form. Absent exigent circumstances, a request for court action to protect a child must

be in the form of a petition. The form, captioning, signing, and verifying of documents are

prescribed in MCR 1.109(D) and (E). When any pending or resolved family division or

tribal court case exists that involves family members of the person(s) named in the petition

filed under subrule (B), the petitioner must complete and file a case inventory listing those

cases, if known. The case inventory is confidential, not subject to service requirements,

and is available only to the party that filed it, the filing party’s attorney, the court, and the

friend of the court. The case inventory must be on a form approved by the State Court

Administrative Office.

(B) Content of Petition. A petition must contain the following information, if known:

(1) The child's name, address, and date of birth.

(2) The names and addresses of:

(a) the child's mother and father,

(b) the parent, guardian, legal custodian, or person who has custody of the child, if

other than a mother or father, and

custodian can be found.

(3) The essential facts that constitute an offense against the child under the Juvenile

Code.

(4) A citation to the section of the Juvenile Code relied on for jurisdiction.

Chapter 3. Special Proceedings and Actions Page 428 Updated June 21, 2024

(5) The child's membership or eligibility for membership in an Indian tribe, if any, and

the identity of the tribe.

(6) The type of relief requested. A request for removal of the child or a parent or for

termination of parental rights at the initial disposition must be specifically stated.

the petition requests removal of an Indian child or if an Indian child was taken into

protective custody pursuant to MCR 3.963 as a result of an emergency, the petition

must specifically describe:

(a)the active efforts as defined in MCR 3.002, that have been made to provide

remedial services and rehabilitative programs designed to prevent the breakup of

the Indian family; and

(b) documentation, including attempts, to identify the child’s tribe.

(C)Amended and Supplemental Petitions.

(1)If a nonrespondent parent is being added as an additional respondent to a petition

that has been authorized by the court under MCR 3.962 or MCR 3.965 against the first

respondent parent, and the first respondent parent has not made a plea under MCR

3.971 or a trial has not been conducted under MCR 3.972, the allegations against the

second respondent shall be filed in an amended petition.

(2)If a nonrespondent parent is being added as an additional respondent in a case in

which a petition has been authorized under MCR 3.962 or MCR 3.965, and

adjudicated by plea under MCR 3.971 or by trial under MCR 3.972, the allegations

against the second respondent shall be filed in a supplemental petition.

(3)If either an amended or supplemental petition is not accompanied by a request for

placement of the child or the child is not in protective or temporary custody, the court

shall conduct a preliminary inquiry to determine the appropriate action to be taken on

a petition. If either the amended or supplemental petition contains a request for

removal, the court shall conduct a preliminary hearing to determine the appropriate

action to be taken on the petition consistent with MCR 3.965(B). If either the amended

or supplemental petition is authorized, the court shall proceed against each respondent

parent in accordance with MCR 3.971 or MCR 3.972.

ULE 3.962 PRELIMINARY INQUIRY

(A) Purpose. When a petition is not accompanied by a request for placement of the child

and the child is not in temporary custody, the court may conduct a preliminary inquiry to

determine the appropriate action to be taken on a petition.

(B) Action by Court. A preliminary inquiry need not be conducted on the record or in the

presence of the parties. At the preliminary inquiry, the court may:

(1) Deny authorization of the petition.

(2) Refer the matter to alternative services.

Chapter 3. Special Proceedings and Actions Page 429 Updated June 21, 2024

(3) Authorize the filing of the petition if it contains the information required by MCR

3.961(B), and there is probable cause to believe that one or more of the allegations is

true. For the purpose of this subrule, probable cause may be established with such

information and in such a manner as the court deems sufficient.

ULE 3.963 ACQUIRING PHYSICAL CUSTODY OF CHILD

(A) Taking Custody Without Court Order.

(1) An officer may without court order remove a child from the child's surroundings

and take the child into protective custody if, after investigation, the officer has

reasonable grounds to believe that a child is at substantial risk of harm or is in

surroundings that present an imminent risk of harm and the child’s immediate removal

from those surroundings is necessary to protect the child’s health and safety. If the

child is an Indian child who resides or is domiciled on a reservation, but is temporarily

located off the reservation, the officer may take the child into protective custody only

when necessary to prevent imminent physical damage or harm to the child.

(2) An officer who takes a child into protective custody under this rule shall

immediately notify the Department of Health and Human Services. While awaiting the

arrival of the Department of Health and Human Services, the child shall not be held in

a detention facility.

(3) If a child taken into protective custody under this subrule is not released, the

Department of Health and Human Services shall immediately contact the designated

judge or referee as provided in subrule (D) to seek an ex parte court order for

placement of the child pursuant to subrule (B)(4).

(B) Court-Ordered Custody.

(1) Order to Take Child into Protective Custody. The court may issue a written order,

electronically or otherwise, authorizing a child protective services worker, an officer,

or other person deemed suitable by the court to immediately take a child into

protective custody when, after presentment of a petition or affidavit of facts to the

court, the court has reasonable cause to believe that all the following conditions exist,

together with specific findings of fact:

(a) The child is at substantial risk of harm or is in surroundings that present an

imminent risk of harm and the child’s immediate removal from those surroundings

is necessary to protect the child’s health and safety. If the child is an Indian child

who resides or is domiciled on a reservation, but is temporarily located off the

reservation, the child is subject to the exclusive jurisdiction of the tribal court.

However, the state court may enter an order for protective custody of that child

when it is necessary to prevent imminent physical damage or harm to the child.

(b) The circumstances warrant issuing an order pending a hearing in accordance

with:

(i)MCR 3.965 for a child who is not yet under the jurisdiction of the court, or

Chapter 3. Special Proceedings and Actions Page 430 Updated June 21, 2024

(ii)MCR 3.974(C) for a child who is already under the jurisdiction of the court

under MCR 3.971 or 3.972.

eliminate the need for removal of the child.

(d) No remedy other than protective custody is reasonably available to protect the

child.

(e) Continuing to reside in the home is contrary to the child’s welfare.

(2) The court may include in such an order authorization to enter specified premises to

remove the child.

(3) The court shall inquire whether a member of the child's immediate or extended

family is available to take custody of the child pending a preliminary hearing, or an

emergency removal hearing if the court already has jurisdiction over the child under

MCR 3.971 or MCR 3.972, whether there has been a central registry clearance, and

whether a criminal history check has been initiated.

(4) Ex parte Placement Order. If an officer has taken a child into protective custody

without court order under subrule (A), or if the Department of Health and Human

Services is requesting the court grant it protective custody and placement authority,

the Department of Health and Human Services shall present to the court a petition or

affidavit of facts and request a written ex parte placement order. If a judge finds all the

factors in subrule (B)(1)(a)-(e) are present, the judge may issue a placement order; if a

referee finds all the factors in subrule (B)(1)(a)-(e) are present, the referee may issue

an interim placement order pending a preliminary hearing. The written order shall

contain specific findings of fact. It shall be communicated, electronically or otherwise,

to the Department of Health and Human Services.

protective custody must:

(1) immediately attempt to notify the child's parent, guardian, or legal custodian of the

protective custody;

(2) inform the parent, guardian, or legal custodian of the date, time, and place of the

preliminary or emergency removal hearing scheduled by the court;

(3) immediately bring the child to the court for preliminary hearing, or immediately

contact the court for instructions regarding placement pending preliminary hearing;

(4) if the court is not open, DHHS must contact the person designated under subrule

(D) for permission to place the child pending the hearing;

(5) ensure that the petition is prepared and submitted to the court;

(6) file a custody statement with the court that includes:

(a)a specific and detailed account of the circumstances that led to the emergency

removal, and

Chapter 3. Special Proceedings and Actions Page 431 Updated June 21, 2024

(b)the names of persons notified and the times of notification or the reason for

failure to notify.

(D) Designated Court Contact

(1) When the Department of Health and Human Services seeks a placement order for a

child in protective custody under subrule (A) or (B), DHHS shall contact a judge or

referee designated by the court for that purpose.

(2) If the court is closed, the designated judge or referee may issue an ex parte order

for placement upon receipt, electronically or otherwise, of a petition or affidavit of

facts. The order must be communicated in writing, electronically or otherwise, to the

appropriate county DHHS office and filed with the court the next business day.

ULE 3.965 PRELIMINARY HEARING

(A) Time for Preliminary Hearing.

(1) Child in Protective Custody. The preliminary hearing must commence no later than

24 hours after the child has been taken into protective custody, excluding Sundays and

holidays, as defined by MCR 8.110(D)(2), unless adjourned for good cause shown, or

the child must be released.

(2) Seriously Physically Harmed or Sexually Abused Child. When the Department of

Health and Human Services submits a petition in cases in which the child has been

seriously physically harmed, as that term is defined in MCL 722.622, or sexually

abused, and subrule (A)(1) does not apply, the preliminary hearing must commence no

later than 24 hours after the agency submits a petition or on the next business day

following the submission of the petition.

(B) Procedure.

(1) The court must determine if the parent, guardian, or legal custodian has been

notified, and if the lawyer-guardian ad litem for the child is present. The preliminary

hearing may be adjourned for the purpose of securing the appearance of an attorney,

parent, guardian, or legal custodian or may be conducted in the absence of the parent,

guardian, or legal custodian if notice has been given or if the court finds that a

reasonable attempt to give notice was made.

(2) The court must inquire if the child or either parent is a member of an Indian tribe. If

the court knows or has reason to know the child is an Indian child, the court must

determine the identity of the child’s tribe and, if the child was taken into protective

custody pursuant to MCR 3.963(A) or the petition requests removal of the child,

follow the procedures set forth in MCR 3.967. If necessary, the court may adjourn the

preliminary hearing pending the conclusion of the removal hearing. A removal hearing

may be held in conjunction with the preliminary hearing if all necessary parties have

been notified as required by MCR 3.905, there are no objections by the parties to do

so, and at least one qualified expert witness is present to provide testimony.

Chapter 3. Special Proceedings and Actions Page 432 Updated June 21, 2024

(3) The child's lawyer-guardian ad litem must be present to represent the child at the

preliminary hearing. The court may make temporary orders for the protection of the

child pending the appearance of an attorney or pending the completion of the

preliminary hearing. The court must direct that the lawyer-guardian ad litem for the

child receive a copy of the petition.

(4) If the respondent is present, the court must assure that the respondent has a copy of

the petition. The court must read the allegations in the petition in open court, unless

waived.

(5) The court shall determine if the petition should be dismissed or the matter referred

to alternate services. If the court so determines the court must release the child.

Otherwise, the court must continue the hearing.

(6) The court must advise the respondent of the right to the assistance of an attorney at

the preliminary hearing and any subsequent hearing pursuant to MCR 3.915(B)(1)(a).

(7) The court must advise the respondent of the right to trial on the allegations in the

petition and that the trial may be before a referee unless a demand for a jury or judge is

filed pursuant to MCR 3.911 or 3.912.

(8) The court must advise a nonrespondent parent of his or her right to seek placement

of his or her children in his or her home.

(9) The court shall allow the respondent an opportunity to deny or admit the

allegations and make a statement of explanation.

(10) The court must inquire whether the child is subject to the continuing jurisdiction

of another court and, if so, which court.

(11) The court may adjourn the hearing for up to 14 days to secure the attendance of

witnesses or for other good cause shown. If the court knows or has reason to know the

child is an Indian, the court may adjourn the hearing for up to 21 days to ensure proper

notice to the tribe or Secretary of the Interior as required by MCR 3.920(C)(1). If the

preliminary hearing is adjourned, the court may make temporary orders for the

placement of the child when necessary to assure the immediate safety of the child,

pending the completion of the preliminary hearing and subject to subrule (C), and as

applicable, MCR 3.967.

(12) Unless the preliminary hearing is adjourned, the court must decide whether to

authorize the filing of the petition and, if authorized, whether the child should remain

in the home, be returned home, or be placed in foster care pending trial. The court may

authorize the filing of the petition upon a showing of probable cause, unless waived,

that one or more of the allegations in the petition are true and fall within MCL

712A.2(b). The Michigan Rules of Evidence do not apply, other than those with

respect to privileges, except to the extent that such privileges are abrogated by MCL

722.631.

(13) If the court authorizes the filing of the petition, the court:

Chapter 3. Special Proceedings and Actions Page 433 Updated June 21, 2024

(a) may release the child to a parent, guardian, or legal custodian and may order

such reasonable terms and conditions believed necessary to protect the physical

health or mental well-being of the child; or

(b) may order placement of the child after making the determinations specified in

subrule (C), if those determinations have not previously been made. If the child is

an Indian child, the child must be placed in descending order of preference with:

(i) a member of the child’s extended family,

(ii) a foster home licensed, approved, or specified by the child’s tribe,

(iii) an Indian foster family licensed or approved by the department,

(iv) an institution for children approved by an Indian tribe or operated by an

Indian organization that has a program suitable to meet the child’s needs.

The court may order another placement for good cause shown in accordance

with MCL 712B.23(3)-(5). If the Indian child’s tribe has established a different

order of preference than the order prescribed above, placement shall follow

that tribe’s order of preference as long as the placement is the least restrictive

setting appropriate to the particular needs of the child, as provided in MCL

712B.23(6). The standards to be applied in meeting the preference

requirements above shall be the prevailing social and cultural standards of the

Indian community in which the parent or extended family resides or with

which the parent or extended family members maintain social and cultural ties.

(14) The court must inquire of the parent, guardian, or legal custodian regarding the

identity of relatives of the child who might be available to provide care. If the father of

the child has not been identified, the court must inquire of the mother regarding the

identity and whereabouts of the father.

(15) If the court orders removal of the child from a parent’s care or custody, the court

shall advise the parent, guardian, or legal custodian of the right to appeal that action.

(1) Placement; Proofs. If the child was not released under subrule (B), the court shall

receive evidence, unless waived, to establish that the criteria for placement set forth in

subrule 3.965(C)(2) are present. The respondent shall be given an opportunity to

cross-examine witnesses, to subpoena witnesses, and to offer proofs to counter the

admitted evidence.

(2) Criteria. The court may order placement of the child into foster care if the court

finds all of the following:

(a) Custody of the child with the parent presents a substantial risk of harm to the

child’s life, physical health, or mental well-being.

(b) No provision of service or other arrangement except removal of the child is

reasonably available to adequately safeguard the child from the risk as described in

subrule (a).

Chapter 3. Special Proceedings and Actions Page 434 Updated June 21, 2024

(d) Consistent with the circumstances, reasonable efforts were made to prevent or

eliminate the need for removal of the child.

(e) Conditions of child custody away from the parent are adequate to safeguard the

child’s health and welfare.

(3) Contrary to the Welfare Findings. Contrary to the welfare findings must be made.

If placement is ordered, the court must make a statement of findings, in writing or on

the record, explicitly including the finding that it is contrary to the welfare of the child

to remain at home and the reasons supporting that finding. If the “contrary to the

welfare of the child” finding is placed on the record and not in a written statement of

findings, it must be capable of being transcribed. The findings may be made on the

basis of hearsay evidence that possesses adequate indicia of trustworthiness. If

continuing the child’s residence in the home is contrary to the welfare of the child, the

court shall not return the child to the home, but shall order the child placed in the most

family-like setting available consistent with the child’s needs.

(4) Reasonable Efforts Findings. Reasonable efforts findings must be made. In making

the reasonable efforts determination under this subrule, the child’s health and safety

must be of paramount concern to the court. When the court has placed a child with

someone other than the custodial parent, guardian, or legal custodian, the court must

determine whether reasonable efforts to prevent the removal of the child have been

made or that reasonable efforts to prevent removal are not required. The court must

make this determination at the earliest possible time, but no later than 60 days from the

date of removal, and must state the factual basis for the determination in the court

order. Nunc pro tunc orders or affidavits are not acceptable. Reasonable efforts to

prevent a child's removal from the home are not required if a court of competent

jurisdiction has determined that

(a) the parent has subjected the child to aggravated circumstances as listed in

sections 18(1) and (2) of the Child Protection Law, MCL 722.638(1) and (2); or

(b) the parent has been convicted of 1 or more of the following:

(i) murder of another child of the parent,

(ii) voluntary manslaughter of another child of the parent,

(iii) aiding or abetting, attempting, conspiring, or soliciting to commit such a

murder or such a voluntary manslaughter, or

(iv) a felony assault that results in serious bodily injury to the child or another

child of the parent; or

involuntarily; or

(d) the parent is required to register under the Sex Offender Registration Act.

(5) Record Checks; Home Study. If the child has been placed in a relative’s home,

Chapter 3. Special Proceedings and Actions Page 435 Updated June 21, 2024

(a) the court may order the Department of Health and Human Services to report the

results of a criminal record check and central registry clearance of the residents of

the home to the court before, or within 7 days after, the placement, and

(b) the court must order the Department of Health and Human Services to perform

a home study with a copy to be submitted to the court not more than 30 days after

the placement.

(6) No Right to Bail. No one has the right to post bail in a protective proceeding for the

release of a child in the custody of the court.

(7) Parenting Time or Visitation.

(a) Unless the court suspends parenting time pursuant to MCL 712A.19b(4), or

unless the child has a guardian or legal custodian, the court must permit each

parent frequent parenting time with a child in placement unless parenting time,

even if supervised, may be harmful to the child.

(b) If the child was living with a guardian or legal custodian, the court must

determine what, if any, visitation will be permitted with the guardian or legal

custodian.

(8) Medical Information. Unless the court has previously ordered the release of

medical information, the order placing the child in foster care must include:

(a) an order that the child's parent, guardian, or legal custodian provide the

supervising agency with the name and address of each of the child's medical

providers, and

(b) an order that each of the child's medical providers release the child's medical

records.

(D) Advice; Initial Service Plan. If placement is ordered, the court must, orally or in

writing, inform the parties:

(1) that the agency designated to care and supervise the child will prepare an initial

service plan no later than 30 days after the placement;

(2) that participation in the initial service plan is voluntary unless otherwise ordered by

the court;

(3) that the general elements of an initial service plan include:

(a) the background of the child and the family,

(b) an evaluation of the experiences and problems of the child,

(d) an identification of specific goals and projected time frames for meeting the

goals;

(4) that, on motion of a party, the court will review the initial service plan and may

modify the plan if it is in the best interests of the child; and

(5) that the case may be reviewed for concurrent planning.

Chapter 3. Special Proceedings and Actions Page 436 Updated June 21, 2024

The court shall direct the agency to identify, locate, and consult with relatives to

determine if placement with a relative would be in the child’s best interests, as

required by MCL 722.954a(2). In a case to which MCL 712A.18f(6) applies, the court

shall require the agency to provide the name and address of the child’s attending

physician of record or primary care physician.

ULE 3.966 OTHER PLACEMENT REVIEW PROCEEDINGS

(A) Review of Placement Order and Initial Service Plan.

(1) On motion of a party, the court must review the placement order or the initial

service plan, and may modify the order and plan if it is in the best interest of the child.

If removal from the parent, guardian, or legal custodian is requested, at the hearing on

the motion, the court shall follow the placement procedures in MCR 3.965(B) and (C).

(2) If the child is removed from the home and disposition is not completed, the court

shall conduct a dispositional hearing in accordance with MCR 3.973.

(B) Petitions to Review Placement Decisions by Supervising Agency.

(1) General. The court may review placement decisions when all of the following

apply:

(a) a child has been removed from the home;

(b) the supervising agency has made a placement decision after identifying,

locating, and consulting with relatives to determine placement with a fit and

appropriate relative who would meet the child's developmental, emotional, and

physical needs as an alternative to nonrelative foster care;

(d) a person receiving notice has disagreed with the placement decision and has

given the child's lawyer-guardian ad litem written notice of the disagreement

within 5 days of the date on which the person receives notice; and

(e) the child's lawyer-guardian ad litem determines the decision is not in the child's

best interest.

(2) Petition for Review. If the criteria in subrule (1) are met, within 14 days after the

date of the agency's written placement decision, the child's lawyer-guardian ad litem

must file a petition for review.

(3) Hearing on Petition. The court must commence a review hearing on the record

within 7 days of the filing of the petition.

Placement.

(1) General. The court must conduct a hearing upon notice from the Foster Care

Review Board that, after an investigation, it disagrees with a proposed change in

Chapter 3. Special Proceedings and Actions Page 437 Updated June 21, 2024

placement by the agency of a child who is not a permanent ward of the Michigan

Children’s Institute.

(2) Procedure.

(a) Time. The court must set the hearing no sooner than 7 days and no later than 14

days after receipt of the notice from the Foster Care Review Board that there is a

disagreement regarding a placement change.

(b) Notice. The court must provide notice of the hearing date to the foster parents,

each interested party, and the prosecuting attorney if the prosecuting attorney has

appeared in the case.

interested party. The court may consider any other evidence bearing upon the

proposed change in placement. The Rules of Evidence do not apply to a hearing

under this rule.

(d) Findings. The court must order the continuation or restoration of placement

unless the court finds that the proposed change in placement is in the child's best

interests.

(D) Review of Child’s Placement in a Qualified Residential Treatment Program

(1) Ex Parte Motion for Review. Within 45 days of the child’s initial placement in a

qualified residential treatment program, the Agency shall file an ex parte motion

requesting the court to approve or disapprove of the placement.

(a) Supporting Documents. The motion shall be accompanied by the assessment,

determination, and documentation made by the qualified individual.

(b) Service. The Agency shall serve the ex parte motion and accompanying

documentation on all parties.

(2) Judicial Determination. Within 14 days of filing, the court, or an administrative

body appointed or approved by the court independently, shall review the motion, and

any supporting documentation filed pursuant to this subrule, and issue an order

approving or disapproving of the placement. The order shall include individualized

findings by the court or administrative body as to:

(a) whether the needs of the child can be met in a foster family home, or if not,

(b) whether the placement of the child provides the most effective and appropriate

level of care for the child in the least restrictive environment, and

the child.

The court shall serve the order on parties. The court is not required to hold a hearing

on the ex parte motion under this subrule.

Chapter 3. Special Proceedings and Actions Page 438 Updated June 21, 2024

RULE 3.967 REMOVAL HEARING FOR INDIAN CHILD

(A)Child in Protective Custody. If an Indian child is taken into protective custody

pursuant to MCR 3.963(A) or (B) or MCR 3.974, a removal hearing must be completed

within 14 days after removal from a parent or Indian custodian unless that parent or Indian

custodian has requested an additional 20 days for the hearing pursuant to MCL 712B.9(2)

or the court adjourns the hearing pursuant to MCR 3.923(G). Absent extraordinary

circumstances that make additional delay unavoidable, temporary emergency custody

shall not be continued for more than 45 days.

(B)Child Not in Protective Custody. If an Indian child has not been taken into protective

custody and the petition requests removal of that child, a removal hearing must be

conducted before the court may enter an order removing the Indian child from the parent

or Indian custodian.

(C)Notice of the removal hearing must be sent to the parties prescribed in MCR 3.921 in

compliance with MCR 3.920(C)(1).

(D)Evidence. An Indian child may be removed from a parent or Indian custodian, or, for

an Indian child already taken into protective custody pursuant to MCR 3.963 or MCR

3.974(B), remain removed from a parent or Indian custodian pending further proceedings,

only upon clear and convincing evidence, including the testimony of at least one qualified

expert witness, as described in MCL 712B.17, who has knowledge about the child-rearing

practices of the Indian child’s tribe, that active efforts as defined in MCR 3.002 have been

made to provide remedial services and rehabilitative programs designed to prevent the

breakup of the Indian family, that these efforts have proved unsuccessful, and that

continued custody of the child by the parent or Indian custodian is likely to result in

serious emotional or physical damage to the child. The active efforts must take into

account the prevailing social and cultural conditions and way of life of the Indian child’s

tribe.

(E)A removal hearing may be combined with any other hearing.

(F)The Indian child, if removed from home, must be placed in descending order of

preference with:

(1)a member of the child’s extended family,

(2)a foster home licensed, approved, or specified by the child’s tribe,

(3)an Indian foster family licensed or approved by department,

(4)an institution for children approved by an Indian tribe or operated by an Indian

organization that has a program suitable to meet the child’s needs.

The court may order another placement for good cause shown in accordance with MCL

712B.23(3)-(5). If the Indian child’s tribe has established a different order of preference than the

order prescribed in subrule (F), placement shall follow that tribe’s order of preference as long as

Chapter 3. Special Proceedings and Actions Page 439 Updated June 21, 2024

the placement is the least restrictive setting appropriate to the particular needs of the child, as

provided in MCL 712B.23(6).

The standards to be applied in meeting the preference requirements above shall be the

prevailing social and cultural standards of the Indian community in which the parent or extended

family resides or with which the parent or extended family members maintain social and cultural

ties.

ULE 3.970 CHILD PROTECTION MEDIATION

(A) Scope and Applicability of Rule; Definitions.

(1) This rule applies to the mediation of child protective proceedings.

(2) "Mediation" includes dispute resolution processes in which a neutral third party

facilitates communication between parties, assists in identifying issues, and helps

explore solutions to promote a mutually acceptable settlement. A mediator or

facilitator has no authoritative decision-making power.

(B) ADR Plan. Each trial court that submits child protective proceedings to mediation

processes under this rule shall either incorporate the process into its current ADR plan, or

if the court does not have an approved ADR plan, adopt an ADR plan by local

administrative order under MCR 2.410(B).

(1) At any stage in the proceedings, after consultation with the parties, the court may

order that a case be submitted to mediation.

(2) Unless a court first conducts a hearing to determine whether mediation is

appropriate, the court shall not refer a case to mediation if the parties are subject to a

personal protection order or other protective order. The court may order mediation

without a hearing if a protected party requests mediation.

(3) In addition to other provisions the court considers appropriate, the order shall:

(a) specify, or make provision for selection of, the mediation provider;

(b) provide time limits for initiation and completion of the mediation process.

The court shall not order a party to pay a fee for mediation services.

(4) The order may require attendance at mediation proceedings as provided in subrule

(E).

(D) Objections to Mediation. A party may orally object to an order to mediate or in

writing. Cases may be exempt from mediation on the basis of the following:

Chapter 3. Special Proceedings and Actions Page 440 Updated June 21, 2024

(1) Domestic abuse, unless attorneys for both parties will be present at the mediation

session;

(2) Inability of one or both parties to negotiate for themselves at the mediation, unless

attorneys for both parties will be present at the mediation session;

(3) Reason to believe that one or both parties' health or safety would be endangered by

mediation;

(4) A showing that the parties have made significant efforts to resolve the issues such

that mediation is likely to be unsuccessful; or

(5) For other good cause shown.

(E) Attendance at Mediation Proceedings.

(1) Attendance of Counsel. The court may direct that the attorneys representing the

parties attend mediation proceedings. If the attorney representing a party is unable to

attend, another attorney associated with the representing attorney may attend, but must

be familiar with the case.

(2) Presence of Parties. The court may direct that the parties to the action and other

persons:

(a) be present at the mediation proceeding or be immediately available by some

other means at the time of the proceeding; and

(b) have information and authority adequate for responsible and effective

participation in the proceeding for all purposes.

The court's order may specify whether the availability is to be in person or by other

means.

(3) Except for legal counsel, the parties may not bring other persons to the mediation

session unless permission is first obtained from the mediator, after notice to opposing

counsel.

(4) Failure to appear. The failure of a party to appear in accordance with this rule may

be considered a contempt of court.

(F) Selection of the Mediator.

(1) The parties may stipulate to the selection of a mediator. A mediator selected by

agreement of the parties need not meet the qualifications set forth in subrule (H). The

court must appoint a mediator stipulated to by the parties, provided the mediator is

willing to serve within a period that would not interfere with the court's scheduling of

the case. If the parties do not stipulate to a particular mediator, the court may select a

Community Dispute Resolution Program (CDRP) center or other mediator who meets

the requirements of subrule (H).

Chapter 3. Special Proceedings and Actions Page 441 Updated June 21, 2024

(2) The rule for disqualification of a mediator is the same as that provided in MCR

2.003 for the disqualification of a judge. The mediator must promptly disclose any

potential basis for disqualification.

(G) Scheduling and Mediation Process.

(1) Scheduling. The order referring the case for mediation shall specify the time within

which the mediation is to be completed. A copy of the order shall be sent to each party,

the CDRP center or the mediator selected. Upon receipt of the court's order, the CDRP

center or mediator shall promptly confer with the parties to schedule mediation in

accordance with the order. The mediator may direct the parties to submit in advance,

or bring to the mediation, documents or summaries providing information about the

case.

(2) The mediator must make reasonable inquiry as to whether either party has a history

of a coercive or violent relationship with the other party. Throughout the mediation

process, the mediator must make reasonable efforts to screen for the presence of

coercion or violence that would make mediation physically or emotionally unsafe for

any participant or that would impede achieving a voluntary and safe resolution of

issues. A reasonable inquiry includes the use of the domestic violence screening

protocol for mediators provided by the State Court Administrative Office as directed

by the Supreme Court.

(3) Mediation Process. The mediator shall discuss with the parties and counsel, if any,

the facts and issues involved. Mediation participants may ask to meet separately with

the mediator throughout the mediation process. The mediation will continue until: an

agreement is reached, the mediator determines that an agreement is not likely to be

reached, the end of the first mediation session, or until a time agreed to by the parties.

Additional sessions may be held as long as it appears to the mediator that the process

may result in an agreement.

(4) Following their attendance at a mediation session, a party may withdraw from

mediation without penalty at any time.

(5) Completion of Mediation. Within two days after the completion of the mediation

process, the CDRP center or the mediator shall so advise the court, stating only: the

date of completion of the process, who appeared at the mediation, whether an

agreement was reached, and whether further mediation proceedings are contemplated.

If an agreement was reached, the CDRP center or the mediator shall submit the

agreement to the court within 14 days of the completion of mediation.

(6) Agreements reached in mediation are not binding unless the terms are incorporated

in an order of the court or placed on the record and the court complies with MCR

3.971.

(7) Confidentiality. Confidentiality in the mediation process is governed by MCR

2.412. However, previously uninvestigated allegations of abuse or neglect identified

during the mediation process are not confidential and may be disclosed. The mediator

shall advise the parties, orally and in writing, of the rules regarding confidentiality

under MCR 2.412 and MCL 722.631.

Chapter 3. Special Proceedings and Actions Page 442 Updated June 21, 2024

(H) Qualification of Mediators.

(1) To be eligible to serve as a mediator in child protection cases, a person must meet

the following minimum qualifications:

(a) Complete a general civil or domestic relations mediation training program

approved by the State Court Administrator providing the generally accepted

components of mediation skills;

(b) Have one or more of the following:

(i) Juris doctor degree, graduate degree in conflict resolution or a behavioral

science, or 5 years of experience in the child protection field; or

(ii) 40 hours of mediation experience over two years, including mediation, co-

mediation, observation, and role-playing in the context of mediation.

general civil or domestic relations mediation proceedings conducted by an

approved mediator, and conduct one general civil or domestic relations mediation

to conclusion under the supervision and observation of an approved mediator.

(d) Complete a 15-hour advanced training program on child protection mediation

practice and an 8-hour training program on domestic violence screening approved

by the State Court Administrator.

(2) Approved mediators are required to complete 8 hours of advanced mediation

training during each 2-year period.

(3) Additional requirements may not be imposed upon mediators.

ULE 3.971 PLEAS OF ADMISSION OR NO CONTEST

(A) General. A respondent may make a plea of admission or of no contest to the original

allegations in the petition. The court has discretion to allow a respondent to enter a plea of

admission or a plea of no contest to an amended petition. The plea may be taken at any

time after the authorization of the petition, provided that the petitioner and the attorney for

the child have been notified of a plea offer to an amended petition and have been given the

opportunity to object before the plea is accepted.

(B) Advice of Rights and Possible Disposition. Before accepting a plea of admission or

plea of no contest, the court must advise the respondent on the record or in a writing that is

made a part of the file:

(1) of the allegations in the petition;

(2) of the right to an attorney, if respondent is without an attorney;

(3) that, if the court accepts the plea, the respondent will give up the rights to

(a) trial by a judge or trial by a jury,

(b) have the petitioner prove the allegations in the petition by a preponderance of

the evidence,

Chapter 3. Special Proceedings and Actions Page 443 Updated June 21, 2024

(d) cross-examine witnesses, and

(e) have the court subpoena any witnesses the respondent believes could give

testimony in the respondent's favor;

(4) of the consequences of the plea, including that the plea can later be used as

evidence in a proceeding to terminate parental rights if the respondent is a parent.

(5) if parental rights are subsequently terminated, the obligation to support the child

will continue until a court of competent jurisdiction modifies or terminates the

obligation, an order of adoption is entered, or the child is emancipated by operation of

law. Failure to provide required notice under this subsection does not affect the

obligation imposed by law or otherwise establish a remedy or cause of action on

behalf of the parent;

(6) that appellate review is available to challenge any errors in the adjudicatory

process, which may be challenged in an appeal from the court’s initial order of

disposition;

(7) that an indigent respondent is entitled to appointment of an attorney to represent

the respondent on any appeal as of right and to preparation of transcripts; and

(8) the respondent may be barred from challenging the assumption of jurisdiction in an

appeal from an order terminating parental rights if they do not timely file an appeal of

the initial dispositional order under MCR 7.204 or a delayed appeal under MCR

3.993(C).

appeal from the order terminating respondent's parental rights if the court fails to properly

advise the respondent of their right to appeal pursuant to subrule (B)(6)-(8).

(D) Voluntary, Accurate Plea.

(1) Voluntary Plea. The court shall not accept a plea of admission or of no contest

without satisfying itself that the plea is knowingly, understandingly, and voluntarily

made.

(2) Accurate Plea. The court shall not accept a plea of admission or of no contest

without establishing support for a finding that one or more of the statutory grounds

alleged in the petition are true, preferably by questioning the respondent unless the

offer is to plead no contest. If the plea is no contest, the court shall not question the

respondent, but, by some other means, shall obtain support for a finding that one or

more of the statutory grounds alleged in the petition are true. The court shall state why

a plea of no contest is appropriate.

ULE 3.972 TRIAL

(A) Time. If the child is not in placement, the trial must be held within 6 months after the

filing of the petition unless adjourned for good cause under MCR 3.923(G). If the child is

Chapter 3. Special Proceedings and Actions Page 444 Updated June 21, 2024

in placement, the trial must commence as soon as possible, but not later than 63 days after

the child is removed from the home unless the trial is postponed:

(1) on stipulation of the parties for good cause;

(2) because process cannot be completed; or

(3) because the court finds that the testimony of a presently unavailable witness is

needed.

When trial is postponed pursuant to subrule (2) or (3), the court shall release the child

to the parent, guardian, or legal custodian unless the court finds that releasing the child

to the custody of the parent, guardian, or legal custodian will likely result in physical

harm or serious emotional damage to the child.

If the child has been removed from the home, a review hearing must be held within

182 days of the date of the child’s removal from the home, even if the trial has not

been completed before the expiration of that 182-day period.

(B) Preliminary Proceedings.

(1) The court shall determine that the proper parties are present. The respondent has

the right to be present, but the court may proceed in the absence of the respondent

provided notice has been served on the respondent. The child may be excused as the

court determines the child's interests require.

(2) The court shall read the allegations in the petition, unless waived.

(1) Evidence; Standard of Proof. Except as otherwise provided in these rules, the rules

of evidence for a civil proceeding and the standard of proof by a preponderance of

evidence apply at the trial, notwithstanding that the petition contains a request to

terminate parental rights.

(2) Child’s Statement. Any statement made by a child under 10 years of age or an

incapacitated individual under 18 years of age with a developmental disability, as

defined in MCL 330.1100a(27), regarding an act of child abuse, child neglect,

confirmed sexual abuse, or confirmed sexual exploitation, as defined in MCL

722.622(g), (k), (q), or (r), performed with or on the child by another person may be

admitted into evidence through the testimony of a person who heard the child make

the statement as provided in this subrule.

(a) A statement describing such conduct may be admitted regardless of whether

the child is available to testify or not, and is substantive evidence of the act or

omission if the court has found, in a hearing held before trial, that the

circumstances surrounding the giving of the statement provide adequate indicia of

trustworthiness. This statement may be received by the court in lieu of or in

addition to the child's testimony.

(b) If the child has testified, a statement denying such conduct may be used for

impeachment purposes as permitted by the rules of evidence.

Chapter 3. Special Proceedings and Actions Page 445 Updated June 21, 2024

to impeach a statement admitted under subrule (2)(a) if the court has found, in a

hearing held before trial, that the circumstances surrounding the giving of the

statement denying the conduct provide adequate indicia of trustworthiness.

(D) Recommendation by Lawyer-Guardian ad Litem. At the conclusion of the proofs, the

lawyer-guardian ad litem for the child may make a recommendation to the finder of fact

regarding whether one or more of the statutory grounds alleged in the petition have been

proven.

(E) Verdict. In a child protective proceeding, the verdict must be whether one or more of

the statutory grounds alleged in the petition have been proven.

(F) Respondent's Rights Following Trial. If the trial results in a verdict that one or more

statutory grounds for jurisdiction has been proven, the court shall advise the respondent

orally or in writing that:

(1) appellate review is available to challenge any errors in the adjudicatory process,

which may be challenged in an appeal from the court’s initial order of disposition,

(2) an indigent respondent is entitled to appointment of an attorney to represent the

respondent on any appeal as of right and to preparation of transcripts, and

(3) the respondent may be barred from challenging the assumption of jurisdiction if

they do not timely file an appeal under MCR 7.204 or a delayed appeal under MCR

3.993(C).

(G) Right to Appellate Review. The respondent may challenge the assumption of

jurisdiction in an appeal from the order terminating respondent's parental rights if the

court fails to properly advise the respondent of their right to appeal pursuant to subrule

(F)(1)-(3).

ULE 3.973 DISPOSITIONAL HEARING

(A) Purpose. A dispositional hearing is conducted to determine what measures the court

will take with respect to a child properly within its jurisdiction and, when applicable,

against any adult, once the court has determined following trial, plea of admission, or plea

of no contest that one or more of the statutory grounds alleged in the petition are true.

(B) Notice. Unless the dispositional hearing is held immediately after the trial, notice of

hearing may be given by scheduling it on the record in the presence of the parties or in

accordance with MCR 3.920.

discretion of the court. When the child is in placement, the interval may not be more than

28 days, except for good cause.

(D) Presence of Parties.

Chapter 3. Special Proceedings and Actions Page 446 Updated June 21, 2024

(1) The child may be excused from the dispositional hearing as the interests of the

child require.

(2) The respondent has the right to be present or may appear through an attorney.

(3) The court may proceed in the absence of parties provided that proper notice has

been given.

(E) Evidence; Reports.

(1) The Michigan Rules of Evidence do not apply at the initial dispositional hearing,

other than those with respect to privileges. However, as provided by MCL 722.631, no

assertion of an evidentiary privilege, other than the privilege between attorney and

client, shall prevent the receipt and use, at the dispositional phase, of materials

prepared pursuant to a court-ordered examination, interview, or course of treatment.

(2) All relevant and material evidence, including oral and written reports, may be

received and may be relied on to the extent of its probative value. The court shall

consider the case service plan and any written or oral information concerning the child

from the child's parent, guardian, legal custodian, foster parent, child caring

institution, or relative with whom the child is placed. If the agency responsible for the

care and supervision of the child recommends not placing the child with the parent,

guardian, or legal custodian, the agency shall report in writing what efforts were made

to prevent removal, or to rectify conditions that caused removal, of the child from the

home.

(3) The parties shall be given an opportunity to examine and controvert written reports

so received and may be allowed to cross-examine individuals making the reports when

those individuals are reasonably available.

(4) Written reports, other than those portions made confidential by law, case service

plans, and court orders, including all updates and revisions, shall be available to the

foster parent, child caring institution, or relative with whom the child is placed. The

foster parents, child caring institution, or relative with whom the child is placed shall

not have the right to cross-examine individuals making such reports or the right to

controvert such reports beyond the making of a written or oral statement concerning

the child as provided in subrule (E)(2).

(5) Reports in the Agency’s case file, including but not limited to case services plans,

treatment plans, substance abuse evaluations, psychological evaluations, therapists’

reports, drug and alcohol screening results, contracted service provider reports, and

parenting time logs shall be provided to the court and parties no less than seven (7)

days before the hearing.

(6)The court, upon receipt of a local foster care review board’s report, shall include the

report in the court’s confidential social file. The court shall ensure that all parties have

had the opportunity to review the report and file objections before a dispositional

order, dispositional review order, or permanency planning order is entered. The court

may at its discretion include recommendations from the report in its orders.

(F) Dispositional Orders.

Chapter 3. Special Proceedings and Actions Page 447 Updated June 21, 2024

(1) The court shall enter an order of disposition as provided in the Juvenile Code and

these rules.

(2) The court shall not enter an order of disposition until it has examined the case

service plan as provided in MCL 712A.18f. The court may order compliance with all

or part of the case service plan and may enter such orders as it considers necessary in

the interest of the child.

(3) The court, on consideration of the written report prepared by the agency

responsible for the care and supervision of the child pursuant to MCL 712A.18f(1),

shall, when appropriate, include a statement in the order of disposition as to whether

reasonable efforts were made:

(a) to prevent the child's removal from home, or

(b) to rectify the conditions that caused the child to be removed from the child's

home.

(4) Medical Information. Unless the court has previously ordered the release of

medical information, the order placing the child in foster care must include the

following:

(a) an order that the child's parent, guardian, or legal custodian provide the

supervising agency with the name and address of each of the child's medical

providers, and

(b) an order that each of the child's medical providers release the child's medical

records.

(5) Child Support. The court may include an order requiring one or both of the child’s

parents to pay child support. All child support orders entered under this subrule must

comply with MCL 552.605 and MCR 3.211(D).

(G) Respondent's Rights Upon Entry of Dispositional Order. When the court enters an

initial order of disposition following adjudication the court shall advise the respondent

orally or in writing:

(1) that at any time while the court retains jurisdiction over the minor, the respondent

may challenge the continuing exercise of that jurisdiction by filing a motion for

rehearing under MCL 712A.21 or by filing an application for leave to appeal with the

Michigan Court of Appeals,

(2) that appellate review is available to challenge the court’s initial order of disposition

following adjudication,

(3) that an indigent respondent is entitled to appointment of an attorney to represent

the respondent on any appeal as of right and to preparation of transcripts, and

(4) the respondent may be barred from challenging the assumption of jurisdiction or

the removal of the minor from a parent's care and custody in an appeal from the order

terminating parental rights if they do not timely file an appeal under MCR 7.204 or a

delayed appeal under MCR 3.993(C).

Chapter 3. Special Proceedings and Actions Page 448 Updated June 21, 2024

(H) Right to Appellate Review. The respondent may challenge the assumption of

jurisdiction in an appeal from the order terminating respondent's parental rights if the

respondent's parental rights are terminated at the initial dispositional hearing pursuant to

MCR 3.977(E). In addition, the respondent may challenge the assumption of jurisdiction

in an appeal from the order terminating respondent's parental rights if the court fails to

properly advise the respondent of their right to appeal pursuant to subrule (G)(2)-(4).

(I) Subsequent Review. When the court does not terminate jurisdiction upon entering its

dispositional order, it must:

(1) follow the review procedures in MCR 3.975 for a child in placement, or

(2) review the progress of a child at home pursuant to the procedures of MCR

3.974(A).

(J) Allegations of Additional Abuse or Neglect.

(1) Proceedings on a supplemental petition seeking termination of parental rights on

the basis of allegations of additional abuse or neglect, as defined in MCL 722.622(g)

and (k), of a child who is under the jurisdiction of the court are governed by MCR

3.977.

(2) Where there is no request for termination of parental rights, proceedings regarding

allegations of additional abuse or neglect, as defined in MCL 722.622(g) and (k), of a

child who is under the jurisdiction of the court, including those made under MCL

712A.19(1), are governed by MCR 3.974 for a child who is at home or MCR 3.975 for

a child who is in foster care.

ULE 3.974 PROCEDURES FOR CHILD AT HOME; PETITION AUTHORIZED

(A) Review of Child's Progress.

(1) General. The court shall periodically review the progress of a child not in foster

care over whom it has taken jurisdiction.

(2) Time. If the child was never removed from the home, the progress of the child

must be reviewed no later than 182 days from the date the petition was authorized and

no later than 91 days after that for the first year that the child is subject to the

jurisdiction of the court. After that first year, a review hearing shall be held no later

than 182 days from the immediately preceding review hearing before the end of the

first year and no later than every 182 days from each preceding hearing until the court

terminates its jurisdiction. The review shall occur no later than 182 days after the child

returns home when the child is no longer in foster care. If the child was removed from

the home and subsequently returned home, review hearings shall be held in

accordance with MCR 3.975.

(3) Change of Placement. Except as provided in subrule (C), the court may not order a

change in the placement of a child without a hearing. If the child for whom the court

has authorized a petition remains at home or has otherwise returned home from foster

care, and it comes to the court’s attention at a review hearing held pursuant to subrule

Chapter 3. Special Proceedings and Actions Page 449 Updated June 21, 2024

(A)(2), or as otherwise provided in this rule, that the child should be removed from the

home, the court may order the placement of the child. If the court orders the child to be

placed out of the home following a review hearing held pursuant to subrule (A)(2), the

parent must be present and the court shall comply with the placement provisions in

MCR 3.965(C). If the parent is not present, the court shall proceed under subrule (C)

before it may order removal. If the child is an Indian child, in addition to a hearing

held in accordance with this rule, the court must also conduct a removal hearing in

accordance with MCR 3.967 before it may order the placement of the Indian child.

(B)Hearing on Petition for Out-of-Home Placement.

(1)Preadjudication. If a child for whom a petition has been authorized under MCR

3.962 or MCR 3.965 is not yet under the jurisdiction of the court and an amended

petition has been filed to remove the child from the home, the court shall conduct a

hearing on the petition in accordance with MCR 3.965.

(2)Postadjudication. If a child is under the jurisdiction of the court and a supplemental

petition has been filed to remove the child from the home, the court shall conduct a

hearing on the petition. The court shall ensure that the parties are given notice of the

hearing as provided in MCR 3.920 and MCR 3.921. Unless the child remains in the

home, the court shall comply with the placement provisions in MCR 3.965(C) and

must make a written determination that the criteria for placement listed in MCR

3.965(C)(2) are satisfied. If the court orders that the child be placed out of the home,

the court shall proceed under subrule (D).

(1) General. If a child for whom the court has authorized an original petition remains

at home or is returned home following a hearing pursuant to the rules in this

subchapter, the court may order the child to be taken into protective custody pending

an emergency removal hearing pursuant to the conditions listed in MCR 3.963(B)(1)

and upon receipt, electronically or otherwise, of a petition or affidavit of fact. If the

child is an Indian child and the child resides or is domiciled within a reservation, but is

temporarily located off the reservation, the court may order the child to be taken into

protective custody only when necessary to prevent imminent physical damage or harm

to the child.

(2) Notice. The court shall ensure that the parties are given notice of the emergency

removal hearing as provided in MCR 3.920 and MCR 3.921.

(3) Emergency Removal Hearing. If the court orders the child to be taken into

protective custody under MCR 3.963, the court must conduct an emergency removal

hearing no later than 24 hours after the child has been taken into custody, excluding

Sundays and holidays as defined in MCR 8.110(D)(2). If the child is an Indian child,

the court must also conduct a removal hearing in accordance with MCR 3.967 in order

for the child to remain removed from a parent or Indian custodian.

Chapter 3. Special Proceedings and Actions Page 450 Updated June 21, 2024

(a)Preadjudication. If a child for whom a petition has been authorized under MCR

3.962 or MCR 3.965 is not yet under the jurisdiction of the court, the emergency

removal hearing shall be conducted in the manner provided by MCR 3.965.

(b)Postadjudication. If a child is under the jurisdiction of the court, unless the child

is returned to the parent pending disposition or dispositional review, the court shall

comply with the placement provisions in MCR 3.965(C) and must make a written

determination that the criteria for placement listed in MCR 3.965(C)(2) are

satisfied. The parent, guardian, or legal custodian from whom the child was

removed must be given an opportunity to state why the child should not be

removed from, or should be returned to, the custody of the parent, guardian, or

legal custodian.

The respondent parent, guardian, or legal custodian from whom the child is

removed must receive a written statement of the reasons for removal and be

advised of the following rights at a hearing to be held under subrule (D):

(i) to be represented by an attorney at the hearing;

(ii) to contest the continuing placement at the hearing within 14 days; and

(iii) to use compulsory process to obtain witnesses for the hearing.

(D) Procedure Following Postadjudication Out-of-Home Placement. If the child is in

placement under subrule (B)(2) or (C)(3)(b), the court shall proceed as follows:

(1)If the court has not held a dispositional hearing under MCR 3.973, the court shall

conduct the dispositional hearing within 28 days after the child is placed by the court,

except for good cause shown.

(2)If the court has already held a dispositional hearing under MCR 3.973, a

dispositional review hearing must commence no later than 14 days after the child is

placed by the court, except for good cause shown. The dispositional review hearing

may be combined with the removal hearing for an Indian child prescribed by MCR

3.967. The dispositional review hearing must be conducted in accordance with the

procedures and rules of evidence applicable to a dispositional hearing.

(3) The court shall advise the parent, guardian, or legal custodian of the right to appeal

the order removing the child from a parent’s care or custody.

ULE 3.975 POST-DISPOSITIONAL PROCEDURES: CHILD IN FOSTER CARE

(A) Dispositional Review Hearings. A dispositional review hearing is conducted to permit

court review of the progress made to comply with any order of disposition and with the

case service plan prepared pursuant to MCL 712A.18f and court evaluation of the

continued need and appropriateness for the child to be in foster care; and to permit the

court to approve or disapprove of the child’s initial or continued placement in a qualified

residential treatment program.

Chapter 3. Special Proceedings and Actions Page 451 Updated June 21, 2024

(B) Notice. The court shall ensure that written notice of a dispositional review hearing is

given to the appropriate persons in accordance with MCR. 3.920 and MCR 3.921(B)(2).

The notice must inform the parties of their opportunity to participate in the hearing and

that any information they wish to provide should be submitted in advance to the court, the

agency, the lawyer-guardian ad litem for the child, or an attorney for one of the parties.

long as the child remains in foster care:

(1) not more than 182 days after the child’s removal from his or her home and no later

than every 91 days after that for the first year that the child is subject to the jurisdiction

of the court. After the first year that the child has been removed from his or her home

and is subject to the jurisdiction of the court, a review hearing shall be held not more

than 182 days from the immediately preceding review hearing before the end of that

first year and no later than every 182 days from each preceding review hearing

thereafter until the case is dismissed; or

(2) if a child is under the care and supervision of the agency and is either placed with a

relative and the placement is intended to be permanent or is in a permanent foster

family agreement, not more than 182 days after the child has been removed from his or

her home and no later than 182 days after that so long as the child is subject to the

jurisdiction of the court, the Michigan Children’s Institute, or other agency as

provided in MCR 3.976(E)(3).

A review hearing under this subrule shall not be canceled or delayed beyond the

number of days required in this subrule, regardless of whether a petition to terminate

parental rights or another matter is pending.

(D) Early Review Option. At the initial dispositional hearing and at every regularly

scheduled dispositional review hearing, the court must decide whether it will conduct the

next dispositional review hearing before what would otherwise be the next regularly

scheduled dispositional review hearing as provided in subrule (C). In deciding whether to

shorten the interval between review hearings, the court shall, among other factors,

consider:

(1) the ability and motivation of the parent, guardian, or legal custodian to make

changes needed to provide the child a suitable home environment;

(2) the reasonable likelihood that the child will be ready to return home earlier than the

next scheduled dispositional review hearing.

(E) Procedure. Dispositional review hearings must be conducted in accordance with the

procedures and rules of evidence applicable to the initial dispositional hearing. The

Agency shall provide to all parties all reports in its case file, including but not limited to

initial and updated case service plans, treatment plans, psychological evaluations,

psychiatric evaluations, substance abuse evaluations, drug and alcohol screens, therapists’

reports, contracted service provider reports, and parenting time logs. The reports shall be

provided to the parties at least seven (7) days before the hearing. The reports that are filed

with the court must be offered into evidence. The court shall consider any written or oral

Chapter 3. Special Proceedings and Actions Page 452 Updated June 21, 2024

information concerning the child from the child's parent, guardian, legal custodian, foster

parent, child caring institution, or relative with whom a child is placed, in addition to any

other relevant and material evidence at the hearing. The court, on request of a party or on

its own motion, may accelerate the hearing to consider any element of a case service plan.

The court, upon receipt of a local foster care review board’s report, shall include the report

in the court’s confidential social file. The court shall ensure that all parties have had the

opportunity to review the report and file objections before a dispositional order,

dispositional review order, or permanency planning order is entered. The court may at its

discretion include recommendations from the report in its orders.

(F) Criteria.

(1) Review of Case Service Plan. The court, in reviewing the progress toward

compliance with the case service plan, must consider:

(a) the services provided or offered to the child and parent, guardian, or legal

custodian of the child;

(b) whether the parent, guardian, or legal custodian has benefited from the services

provided or offered;

the reasons either was not frequent or never occurred;

(d) the extent to which the parent, guardian, or legal custodian complied with each

provision of the case service plan, prior court orders, and any agreement between

the parent, guardian, or legal custodian and the agency;

(e) any likely harm to the child if the child continues to be separated from his or

her parent, guardian, or custodian;

(f) any likely harm to the child if the child is returned to the parent, guardian, or

legal custodian; and

(g)if the child is an Indian child, whether the child’s placement remains

appropriate and complies with MCR 3.967(F).

(2) Progress Toward Returning Child Home. The court must decide the extent of the

progress made toward alleviating or mitigating conditions that caused the child to be,

and to remain, in foster care. The court shall also review the concurrent plan, if

applicable.

(3) Review of Placement in Qualified Residential Treatment Program. Where a child

remains placed in a qualified residential treatment program, the court shall review the

evidence submitted by the Agency, approve or disapprove of the placement, and make

individualized findings as to:

(a) whether the needs of the child can be met through placement in a foster home;

or if not,

(b) whether the placement provides the most effective and appropriate level of care

for the child in the least restrictive environment; and

Chapter 3. Special Proceedings and Actions Page 453 Updated June 21, 2024

child, as specified in the permanency plan for the child.

(G) Dispositional Review Orders. The court, following a dispositional review hearing,

may:

(1) order the return of the child home,

(2) change the placement of the child,

(3) modify the dispositional order,

(4) modify any part of the case service plan,

(5) enter a new dispositional order, or

(6) continue the prior dispositional order.

(H) Returning Child Home Without Dispositional Review Hearing. Unless notice is

waived, if not less than 7 days written notice is given to all parties before the return of a

child to the home, and if no party requests a hearing within the 7 days, the court may issue

an order without a hearing permitting the agency to return the child home.

ULE 3.976 PERMANENCY PLANNING HEARINGS

(A) Permanency Plan. At or before each permanency planning hearing, the court must

determine whether the agency has made reasonable efforts to finalize the permanency

plan. At the hearing, the court must review the permanency plan for a child in foster care.

The court must determine whether and, if applicable, when:

(1) the child may be returned to the parent, guardian, or legal custodian;

(2) a petition to terminate parental rights should be filed;

(3) the child may be placed in a legal guardianship;

(4) the child may be permanently placed with a fit and willing relative; or

(5) the child may be placed in another planned permanent living arrangement, but only

in those cases where the agency has documented to the court a compelling reason for

determining that it would not be in the best interests of the child to follow one of the

options listed in subrules (1)-(4).

(B) Time.

(1) An initial permanency planning hearing must be held within 28 days after a

judicial determination that reasonable efforts to reunite the family or to prevent

removal are not required given one of the following circumstances:

(a) There has been a judicial determination that the child’s parent has subjected the

child to aggravated circumstances as listed in sections 18(1) and (2) of the Child

Protection Law, 1975 PA 238, MCL 722.638.

(b) The parent has been convicted of one of the following:

Chapter 3. Special Proceedings and Actions Page 454 Updated June 21, 2024

(i) murder of another child of the parent;

(ii) voluntary manslaughter of another child of the parent;

(iii) aiding or abetting, attempting, conspiring, or soliciting to commit such a

murder or such a voluntary manslaughter; or

(iv) a felony assault that results in serious bodily injury to the child or another

child of the parent.

(2) If subrule (1) does not apply, the court must conduct an initial permanency

planning hearing no later than 12 months after the child’s removal from the home,

regardless of whether any supplemental petitions are pending in the case.

(3) Requirement of Annual Permanency Planning Hearings. During the continuation

of foster care, the court must hold permanency planning hearings beginning no later

than 12 months after the initial permanency planning hearing. The interval between

permanency planning hearings is within the discretion of the court as appropriate to

the circumstances of the case, but must not exceed 12 months. The court may combine

the permanency planning hearing with a review hearing.

(4) The judicial determination to finalize the court-approved permanency plan must be

made within the time limits prescribed in subsections (1)-(3).

the:

(1) parents of the child, if the parent’s parental rights have not been terminated,

(2) child, if the child is of an appropriate age to participate,

(3) guardian,

(4) legal custodian,

(5) foster parents,

(6) pre-adoptive parents,

(7) relative caregivers, and

(8) if the child is an Indian child, the child’s tribe.

Written notice of a permanency planning hearing must be given as provided in MCR

3.920 and MCR 3.921(B)(2). The notice must include a brief statement of the purpose of the

hearing, and must include a notice that the hearing may result in further proceedings to terminate

parental rights. The notice must inform the parties of their opportunity to participate in the hearing

and that any information they wish to provide should be submitted in advance to the court, the

agency, the lawyer-guardian ad litem for the child, or an attorney for one of the parties.

(D) Hearing Procedure; Evidence.

Chapter 3. Special Proceedings and Actions Page 455 Updated June 21, 2024

(1) Procedure. Each permanency planning hearing must be conducted by a judge or a

referee. Paper reviews, ex parte hearings, stipulated orders, or other actions that are

not open to the participation of (a) the parents of the child, unless parental rights have

been terminated; (b) the child, if of appropriate age; and (c) foster parents or

preadoptive parents, if any, are not permanency planning hearings.

(2) Evidence. The Michigan Rules of Evidence do not apply, other than those with

respect to privileges, except to the extent such privileges are abrogated by MCL

722.631. At the permanency planning hearing all relevant and material evidence,

including oral and written reports, may be received by the court and may be relied

upon to the extent of its probative value. The court must consider any written or oral

information concerning the child from the child's parent, guardian, custodian, foster

parent, child caring institution, or relative with whom the child is placed, in addition to

any other evidence offered at the hearing. The court shall obtain the child’s views

regarding the permanency plan in a manner appropriate to the child’s age. The parties

must be afforded an opportunity to examine and controvert written reports received

and may be allowed to cross-examine individuals who made the reports when those

individuals are reasonably available.

(3)The court, upon receipt of a local foster care review board’s report, shall include the

report in the court’s confidential social file. The court shall ensure that all parties have

had the opportunity to review the report and file objections before a dispositional

order, dispositional review order, or permanency planning order is entered. The court

may at its discretion include recommendations from the report in its orders.

(4) Written reports in the Agency case file, including but not limited to case service

plans, treatment plans, substance abuse evaluations, psychological evaluations,

therapists’ reports, drug and alcohol screens, contracted service provider reports, and

parenting time logs, shall be provided to the court and parties no less than seven (7)

days before the hearing.

(E) Determinations; Permanency Options.

(1) In the case of a child who will not be returned home, the court shall consider in-

state and out-of-state placement options. In the case of a child placed out of state, the

court shall determine whether the out-of-state placement continues to be appropriate

and in the child’s best interests. The court shall ensure that the agency is providing

appropriate services to assist a child who will transition from foster care to

independent living.

(2) Determining Whether to Return Child Home. At the conclusion of a permanency

planning hearing, the court must order the child returned home unless it determines

that the return would cause a substantial risk of harm to the life, the physical health, or

the mental well-being of the child. Failure to substantially comply with the case

service plan is evidence that the return of the child to the parent may cause a

substantial risk of harm to the child's life, physical health, or mental well-being. In

addition, the court shall consider any condition or circumstance of the child that may

be evidence that a return to the parent would cause a substantial risk of harm to the

child’s life, physical health, or mental well-being. If the court does not order the child

Chapter 3. Special Proceedings and Actions Page 456 Updated June 21, 2024

returned home, and the child remains in a qualified residential treatment program, the

court shall:

(a) review the evidence submitted by the Agency, approve or disapprove of the

placement, and make individualized findings as to:

(i) whether the needs of the child can be met through placement in a family

foster home; or if not,

(ii) whether the placement provides the most effective and appropriate level of

care for the child in the least restrictive environment; and

(iii) whether the placement is consistent with the short- and longterm goals for

the child, as specified in the permanency plan of the child.

(3) Continuing Foster Care Pending Determination on Termination of Parental Rights.

If the court determines at a permanency planning hearing that the child should not be

returned home, it may order the agency to initiate proceedings to terminate parental

rights. Except as otherwise provided in this subsection, if the child has been in foster

care under the responsibility of the state for 15 of the most recent 22 months, the court

shall order the agency to initiate proceedings to terminate parental rights. If the court

orders the agency to initiate proceedings to terminate parental rights, the order must

specify the date, or the time within which the petition must be filed. In either case, the

petition must be filed no later than 28 days after the date the permanency planning

hearing is concluded. The court is not required to order the agency to initiate

proceedings to terminate parental rights if one or more of the following apply:

(a)The child is being cared for by relatives.

(b)The case service plan documents a compelling reason for determining that

filing a petition to terminate parental rights would not be in the best interests of the

child. A compelling reason not to file a petition to terminate parental rights

includes, but is not limited to, any of the following:

(i)Adoption is not the appropriate permanency goal for the child.

(ii)No grounds to file a petition to terminate parental rights exist.

(iii)The child is an unaccompanied refugee minor as defined in 45 CFR

400.111.

(iv)There are international legal obligations or compelling foreign policy

reasons that preclude terminating parental rights.

(c)The state has not provided the child’s family, during the period set in the case

service plan, with the services the state considers necessary for the child’s safe

return to his or her home, if reasonable efforts to reunify the family are required.

If the court does not require the agency to initiate proceedings to terminate

parental rights under this provision, the court shall state on the record the reason or

reasons for its decision.

Chapter 3. Special Proceedings and Actions Page 457 Updated June 21, 2024

(4) Other Permanency Plans. If the court does not return the child to the parent,

guardian, or legal custodian and if the agency demonstrates that termination of

parental rights is not in the best interests of the child, the court may

(a) continue the placement of the child in foster care for a limited period to be set

by the court while the agency continues to make reasonable efforts to finalize the

court-approved permanency plan for the child,

(b) place the child with a fit and willing relative,

permanent living arrangement, or

(d) appoint a juvenile guardian for the child pursuant to MCL 712A.19a and MCR

3.979.

The court must articulate the factual basis for its determination in the court order

adopting the permanency plan.

ULE 3.977 TERMINATION OF PARENTAL RIGHTS

(A) General.

(1) This rule applies to all proceedings in which termination of parental rights is

sought. Proceedings for termination of parental rights involving an Indian child, are

governed by 25 USC 1912 in addition to this rule.

(2) Parental rights of the respondent over the child may not be terminated unless

termination was requested in an original, amended, or supplemental petition by:

(a) the agency,

(b) the child,

(d) a concerned person as defined in MCL 712A.19b(6),

(e) the state children's ombudsman, or

(f) the prosecuting attorney, without regard to whether the prosecuting attorney is

representing or acting as a legal consultant to the agency or any other party.

(3) The burden of proof is on the party seeking by court order to terminate the rights of

the respondent over the child. There is no right to a jury determination.

(B) Definition. When used in this rule, unless the context otherwise indicates,

“respondent” includes

(1) the natural or adoptive mother of the child;

(2) the father of the child as defined by MCR 3.903(A)(7).

Chapter 3. Special Proceedings and Actions Page 458 Updated June 21, 2024

“Respondent” does not include other persons to whom legal custody has been given by

court order, persons who are acting in the place of the mother or father, or other persons

responsible for the control, care, and welfare of the child.

(1) Notice must be given as provided in MCR 3.920 and MCR 3.921(B)(3).

(2) Hearings on petitions seeking termination of parental rights shall be given the

highest possible priority consistent with the orderly conduct of the court’s caseload.

(D) Suspension of Parenting Time. If a petition to terminate parental rights to a child is

filed, the court may suspend parenting time for a parent who is a subject of the petition.

(E) Termination of Parental Rights at the Initial Disposition. The court shall order

termination of the parental rights of a respondent at the initial dispositional hearing held

pursuant to MCR 3.973, and shall order that additional efforts for reunification of the child

with the respondent shall not be made, if

(1) the original, or amended, petition contains a request for termination;

(2) at the trial or plea proceedings, the trier of fact finds by a preponderance of the

evidence that one or more of the grounds for assumption of jurisdiction over the child

under MCL 712A.2(b) have been established;

(3) at the initial disposition hearing, the court finds on the basis of clear and

convincing legally admissible evidence that had been introduced at the trial or plea

proceedings, or that is introduced at the dispositional hearing, that one or more facts

alleged in the petition:

(a) are true, and

(b) establish grounds for termination of parental rights under MCL

712A.19b(3)(a), (b), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m);

(4) termination of parental rights is in the child’s best interests.

(F) Termination of Parental Rights on the Basis of Different Circumstances. The court

may take action on a supplemental petition that seeks to terminate the parental rights of a

respondent over a child already within the jurisdiction of the court on the basis of one or

more circumstances new or different from the offense that led the court to take

jurisdiction.

(1) The court must order termination of the parental rights of a respondent, and must

order that additional efforts for reunification of the child with the respondent must not

be made, if

(a) the supplemental petition for termination of parental rights contains a request

for termination;

Chapter 3. Special Proceedings and Actions Page 459 Updated June 21, 2024

(b) at the hearing on the supplemental petition, the court finds on the basis of clear

and convincing legally admissible evidence that one or more of the facts alleged in

the supplemental petition:

(i) are true; and

(ii) come within MCL 712A.19b(3)(a), (b), (c)(ii), (d), (e), (f), (g), (i), (j), (k),

(l), or (m); and

(2) Discovery and Time for Disclosures and Hearing on Petition. Parties shall make

disclosures as detailed in MCR 3.922(A) at least 21 days prior to the termination

hearing and have rights to discovery consistent with that rule. The hearing on a

supplemental petition for termination of parental rights under this subrule shall be held

within 42 days after the filing of the supplemental petition. The court may, for good

cause shown, extend the period for an additional 21 days.

(G)Termination of Parental Rights; Indian Child

In addition to the required findings in this rule, the parental rights of a parent of an Indian

child must not be terminated unless:

(1)the court is satisfied that active efforts as defined in MCR 3.002 have been made to

provide remedial service and rehabilitative programs designed to prevent the breakup

of the Indian family and that these efforts have proved unsuccessful, and

(2)the court finds evidence beyond a reasonable doubt, including testimony of at least

one qualified expert witness as described in MCL 712B.17, that parental rights should

be terminated because continued custody of the child by the parent or Indian custodian

will likely result in serious emotional or physical damage to the child.

(H) Termination of Parental Rights; Other. If the parental rights of a respondent over the

child were not terminated pursuant to subrule (E) at the initial dispositional hearing or

pursuant to subrule (F) at a hearing on a supplemental petition on the basis of different

circumstances, and the child is within the jurisdiction of the court, the court must, if the

child is in foster care, or may, if the child is not in foster care, following a dispositional

review hearing under MCR 3.975, a progress review under MCR 3.974, or a permanency

planning hearing under MCR 3.976, take action on a supplemental petition that seeks to

terminate the parental rights of a respondent over the child on the basis of one or more

grounds listed in MCL 712A.19b(3).

(1) Time.

(a) Filing Petition. The supplemental petition for termination of parental rights

may be filed at any time after the initial dispositional review hearing, progress

review, or permanency planning hearing, whichever occurs first.

(b) Hearing on Petition. The hearing on a supplemental petition for termination of

parental rights under this subrule must be held within 42 days after the filing of the

Chapter 3. Special Proceedings and Actions Page 460 Updated June 21, 2024

supplemental petition. The court may, for good cause shown, extend the period for

an additional 21 days.

(2) Discovery, Prehearing Disclosures, and Evidence. Parties shall make disclosures as

detailed in MCR 3.922(A) at least 21 days prior to the termination hearing and have

rights to discovery consistent with that rule. The Michigan Rules of Evidence do not

apply at the hearing, other than those with respect to privileges, except to the extent

such privileges are abrogated by MCL 722.631. At the hearing all relevant and

material evidence, including oral and written reports, may be received by the court and

may be relied upon to the extent of its probative value. The parties must be afforded an

opportunity to examine and controvert written reports received by the court and shall

be allowed to cross-examine individuals who made the reports when those individuals

are reasonably available.

(3) Order. The court must order termination of the parental rights of a respondent and

must order that additional efforts for reunification of the child with the respondent

must not be made, if the court finds

(a) on the basis of clear and convincing evidence admitted pursuant to subrule

(H)(2) that one or more facts alleged in the petition:

(i) are true; and

(ii) come within MCL 712A.19b(3).

(b) that termination of parental rights is in the child’s best interests.

(I) Findings.

(1) General. The court shall state on the record or in writing its findings of fact and

conclusions of law. Brief, definite, and pertinent findings and conclusions on

contested matters are sufficient. If the court does not issue a decision on the record

following hearing, it shall file its decision within 28 days after the taking of final

proofs, but no later than 70 days after the commencement of the hearing to terminate

parental rights.

(2) Denial of Termination. If the court finds that the parental rights of respondent

should not be terminated, the court must make findings of fact and conclusions of law.

(3) Order of Termination. An order terminating parental rights under the Juvenile

Code may not be entered unless the court makes findings of fact, states its conclusions

of law, and includes the statutory basis for the order.

(J) Respondent's Rights Following Termination.

(1) Advice. Immediately after entry of an order terminating parental rights, the court

shall advise the respondent parent orally or in writing that:

(a) The respondent is entitled to appellate review of the order.

(b) If the respondent is financially unable to provide an attorney to perfect an

appeal, the court will appoint an attorney and furnish the attorney with the

complete transcript and record of all proceedings.

Chapter 3. Special Proceedings and Actions Page 461 Updated June 21, 2024

notice of the order is given or an order is entered denying a timely filed

postjudgment motion. The court must then give a form to the respondent with the

instructions (to be repeated on the form) that if the respondent desires the

appointment of an attorney, the form must be returned to the court within the

required period (to be stated on the form).

(d) The respondent has the right to file a denial of release of identifying

information, a revocation of a denial of release, and to keep current the

respondent's name and address as provided in MCL 710.27.

(e) The respondent's obligation to support the child will continue until a court of

competent jurisdiction modifies or terminates the obligation, an order of adoption

is entered, or the child is emancipated by operation of law. Failure to provide

required notice under this subsection does not affect the obligation imposed by law

or otherwise establish a remedy or cause of action on behalf of the parent.

(2) Appointment of Appellate Counsel. Request and appointment of appellate counsel

is governed by MCR 3.993.

(K) Review Standard. The clearly erroneous standard shall be used in reviewing the

court's findings on appeal from an order terminating parental rights. On application in

accordance with Chapter 7 of these rules, the Supreme Court may consider a claim of

ineffective assistance of appellate counsel, and the Court will review such a claim using

the standards that apply to criminal law.

ULE 3.978 POST-TERMINATION REVIEW HEARINGS

(A) Review Hearing Requirement. If a child remains in foster care following the

termination of parental rights to the child, the court must conduct a hearing not more than

91 days after the termination of parental rights and not later than every 91 days after that

hearing for the first year following the termination of parental rights to the child. At the

post-termination review hearing, the court shall review the child's placement in foster care

and the progress toward the child's adoption or other permanent placement, as long as the

child is subject to the jurisdiction, control, or supervision of the court, or of the Michigan

Children's Institute or other agency. If the child is residing in another permanent planned

living arrangement or is placed with a fit and willing relative and the child’s placement is

intended to be permanent, the court must conduct a hearing not more than 182 days from

the preceding review hearing.

(B) Notice; Right to be Heard. The foster parents (if any) of a child and any preadoptive

parents or relative providing care to the child must be provided with notice of and an

opportunity to be heard at each hearing.

made to establish permanent placement for the child, and may enter such orders as it

considers necessary in the best interests of the child, including appointment of a juvenile

guardian pursuant to MCL 712A.19c and MCR 3.979.

Chapter 3. Special Proceedings and Actions Page 462 Updated June 21, 2024

(D) Termination of Jurisdiction. The jurisdiction of the court in the child protective

proceeding may terminate when a court of competent jurisdiction enters an order:

(1) terminating the rights of the entity with legal custody and enters an order placing

the child for adoption, or

(2) appointing a juvenile guardian under MCR 3.979 after conducting a review hearing

under subsection (A) of this rule.

ULE 3.979 JUVENILE GUARDIANSHIPS

(A) Appointment of Juvenile Guardian; Process. If the court determines at a

posttermination review hearing or a permanency planning hearing that it is in the child’s

best interests, the court may appoint a juvenile guardian for the child pursuant to MCL

712A.19a or MCL 712A.19c.

(1) Under MCR 3.979(A), the court shall order the Department of Health and Human

Services to:

(a) conduct a criminal record check and central registry clearance of the residents

of the home and submit the results to the court within 7 days; and

(b) perform a home study with a copy to be submitted to the court within 28 days,

unless a home study has been performed within the immediately preceding 365

days, in which case a copy of that home study shall be submitted to the court.

(2) If a child for whom a juvenile guardianship is proposed is in foster care, the court

shall continue the child’s placement and order the information required above about

the proposed juvenile guardian. If the information required above has already been

provided to the court, the court may issue an order appointing the proposed juvenile

guardian pursuant to subrule (B).

(3) If the parental rights over a child who is the subject of a proposed juvenile

guardianship have been terminated, the court shall not appoint a guardian without the

written consent of the Michigan Children’s Institute (MCI) superintendent. The court

may order the Department of Health and Human Services to seek the consent of the

MCI superintendent. The consent must be filed with the court no later than 28 days

after the permanency planning hearing or the posttermination review hearing, or such

longer time as the court may allow for good cause shown.

(a) If a person denied consent believes that the decision to withhold consent by the

MCI superintendent is arbitrary or capricious, the person may file a motion with

the court within 56 days of receipt of the decision to deny consent. A motion under

this subsection shall contain information regarding both of the following:

(i) the specific steps taken by the person or agency to obtain the consent

required and the results, if any, and

(ii) the specific reasons why the person or agency believes that the decision to

withhold consent was arbitrary or capricious.

Chapter 3. Special Proceedings and Actions Page 463 Updated June 21, 2024

(b) If a motion is filed alleging that the MCI superintendent’s failure to consent

was arbitrary or capricious, the court shall set a hearing date and ensure that notice

is provided to the MCI superintendent and all parties entitled to notice under MCR

3.921.

the decision to withhold consent was arbitrary or capricious, the court may

approve the guardianship without the consent of the MCI superintendent.

The court shall determine the continuing necessity and appropriateness of the

child’s placement.

(B)Order Appointing Juvenile Guardian. After receiving the information ordered by the

court under subsection (A)(1), and after finding that appointment of a juvenile guardian is

in the child’s best interests, the court may enter an order appointing a juvenile guardian.

The order appointing a juvenile guardian shall be on a form approved by the state court

administrator. Within 7 days of receiving the information, the court shall enter an order

appointing a juvenile guardian or schedule the matter for a hearing. A separate order shall

be entered for each child.

(1)Acceptance of Appointment. A juvenile guardian appointed by the court shall file

an acceptance of appointment with the court on a form approved by the state court

administrator. The acceptance shall state, at a minimum, that the juvenile guardian

accepts the appointment, submits to personal jurisdiction of the court, will not delegate

the juvenile guardian’s authority, and will perform required duties.

(2)Letters of Authority. On the filing of the acceptance of appointment, the court shall

issue letters of authority on a form approved by the state court administrator. Any

restriction or limitation of the powers of the juvenile guardian must be set forth in the

letters of authority, including but not limited to, not moving the domicile of the child

from the state of Michigan without court approval.

(3)Certification. Certification of the letters of authority and a statement that on a given

date the letters are in full force and effect may appear on the face of copies furnished

to the juvenile guardian or interested persons.

(4)Notice. Notice of a proceeding relating to the juvenile guardianship shall be

delivered or mailed to the juvenile guardian by first-class mail at the juvenile

guardian’s address as listed in the court records and to his or her address as then

known to the petitioner. Any notice mailed first class by the court to the juvenile

guardian’s last address on file shall be considered notice to the juvenile guardian.

(C)Court Jurisdiction; Review Hearings; Lawyer- Guardian ad Litem.

(1) Jurisdiction.

(a) Except as otherwise provided in this rule, the court’s jurisdiction over a

juvenile guardianship shall continue until terminated by court order. The court’s

jurisdiction over a juvenile under section 2(b) of the Juvenile Code, MCL

712A.2(b), and the jurisdiction of the MCI under section 3 of 1935 PA 220, MCL

400.203, shall be terminated after the court appoints a juvenile guardian under this

Chapter 3. Special Proceedings and Actions Page 464 Updated June 21, 2024

section and conducts a review hearing pursuant to MCR 3.975 when parental

rights to the child have not been terminated, or a review hearing pursuant to MCR

3.978 when parental rights to the child have been terminated.

(b) Unless terminated by court order, the court’s jurisdiction over a juvenile

guardianship ordered under MCL 712A.19a or MCL 712A.19c for a youth 16

years of age or older shall continue until 120 days after the youth’s eighteenth

birthday. Upon notice by the Department of Health and Human Services that

extended guardianship assistance beyond age 18 will be provided to a youth

pursuant to MCL 400.665, the court shall retain jurisdiction over the guardianship

until that youth no longer receives extended guardianship assistance.

(2) Review Hearings. The review hearing following appointment of the juvenile

guardian must be conducted within 91 days of the most recent review hearing if it has

been one year or less from the date the child was last removed from the home, or

within 182 days of the most recent review hearing if it has been more than one year

from the date the child was last removed from the home.

(3) Lawyer-Guardian ad Litem. The appointment of the lawyer-guardian ad litem in

the child protective proceeding terminates upon entry of the order terminating the

court’s jurisdiction pursuant to MCL 712A.2(b). At any time after a juvenile guardian

is appointed, the court may reappoint the lawyer-guardian ad litem or may appoint a

new lawyer-guardian ad litem if the court is satisfied that such action is warranted. A

lawyer-guardian ad litem appointed under this subrule is subject to the provisions of

MCL 712A.17d.

(D)Court Responsibilities.

(1)Annual Reviews.

(a) Review on Condition of Child. The court shall conduct an annual review of a

juvenile guardianship as to the condition of the child until the child’s eighteenth

birthday. The review shall be commenced within 63 days after the anniversary date

of the appointment of the guardian. The court may conduct a review of a juvenile

guardianship at any time it deems necessary. If the report by the juvenile guardian

has not been filed as required by subrule (E)(1), the court shall take appropriate

action.

(b) Review on Extended Guardianship Assistance. If, under subrule (C)(1)(b), the

Department of Health and Human Services has notified the court that extended

guardianship assistance has been provided to a youth pursuant to MCL 400.665,

the court shall conduct an annual review hearing at least once every 12 months

thereafter to determine that the guardianship meets the criteria under MCL

400.667. The duty to conduct an annual review hearing on extended guardianship

assistance shall discontinue when the youth is no longer eligible for extended

guardianship assistance. Notice of the hearing under this subrule shall be sent to

the guardian and the youth as provided in MCR 3.920(D)(1).

(i) The hearing conducted under this subrule may be adjourned up to 28 days

for good cause shown.

Chapter 3. Special Proceedings and Actions Page 465 Updated June 21, 2024

(ii) If requested by the court, the guardian must provide proof at the review

hearing that the youth is in compliance with the criteria of MCL 400.667.

(iii) Following a review hearing under this subrule, the court shall issue an

order to support its determination and serve the order on the Department of

Health and Human Services, the guardian, and the youth.

Department of Health and Human Services that it will not continue extended

guardianship assistance, the court shall immediately terminate the juvenile

guardianship.

(2)Investigation. The court shall appoint the Department of Health and Human

Services or another person to conduct an investigation of the juvenile guardianship of

a child when deemed appropriate by the court or upon petition by the Department of

Health and Human Services or an interested person. The investigator shall file a

written report with the court within 28 days of such appointment and shall serve it on

the other interested parties listed in MCR 3.921(C). The report shall include a

recommendation regarding whether the juvenile guardianship should continue or be

modified and whether a hearing should be scheduled. If the report recommends

modification, the report shall state the nature of the modification.

(3)Judicial Action. After informal review of the report provided in subrule (D)(2), the

court shall enter an order denying the modification or set a date for a hearing to be held

within 28 days.

(4) Upon notice of a child’s death the court shall enter an order of discharge. The court

may schedule a hearing on the matter before entering an order of discharge.

(E)Duties and Authority of Guardian Appointed to Juvenile Guardianship. A juvenile

guardianship approved under these rules is authorized by the Juvenile Code and is distinct

from a guardianship authorized under the Estates and Protected Individuals Code. A

juvenile guardian has all the powers and duties of a guardian set forth under section 5215

of the Estates and Protected Individuals Code.

(1)Report of Juvenile Guardian. A juvenile guardian shall file a written report annually

within 56 days after the anniversary of appointment and at other times as the court

may order. Reports must be on a form approved by the state court administrator. The

juvenile guardian must serve the report on the persons listed in MCR 3.921.

(2)Petition for Conservator. At the time of appointing a juvenile guardian or during the

period of the juvenile guardianship, the court shall determine whether there would be

sufficient assets under the control of the juvenile guardian to require a

conservatorship. If so, the court shall order the juvenile guardian to petition the

probate court for a conservator pursuant to MCL 700.5401 et seq.

(3)Address of Juvenile Guardian. The juvenile guardian must keep the court informed

in writing within 7 days of any change in the juvenile guardian’s address.

(4) The juvenile guardian shall provide the court and interested persons with written

notice within 14 days of the child’s death.

Chapter 3. Special Proceedings and Actions Page 466 Updated June 21, 2024

(F)Revocation or Termination of Guardianship.

(1) Motion or Petition.

(a) Revocation of Juvenile Guardianship. The court shall, on its own motion or

upon petition from the Department of Health and Human Services or the child’s

lawyer-guardian ad litem, hold a hearing to determine whether a juvenile

guardianship established under this section shall be revoked.

(b) Termination of Juvenile Guardian and Appointment of Successor. A juvenile

guardian or other interested person may petition the court for permission to

terminate the guardianship. A petition may include a request for appointment of a

successor juvenile guardian.

(2) Hearing. If a petition for revocation or termination is filed with the court, the court

shall hold a hearing within 28 days to determine whether to grant the petition to revoke

or terminate the juvenile guardianship. The court may order temporary removal of the

child under MCR 3.963 to protect the health, safety, or welfare of the child, pending

the revocation or termination hearing. If the court orders removal of the child from the

juvenile guardian to protect the child’s health, safety, or welfare, the court must

proceed under MCR 3.974(B).

(3) Investigation and Report. In preparation for the revocation or termination hearing,

the court shall order the Department of Health and Human Services to perform an

investigation and file a written report of the investigation. The report shall be filed

with the court no later than 7 days before the hearing. The report shall include the

reasons for terminating a juvenile guardianship or revoking a juvenile guardianship,

and a recommendation regarding temporary placement, if necessary.

(4)Notice. The court shall ensure that interested persons are given notice of the hearing

as provided in MCR 3.920 and MCR 3.921. The court may proceed in the absence of

interested persons provided that proper notice has been given. The notice must inform

the interested persons of their opportunity to participate in the hearing and that any

information they wish to provide should be submitted in advance to the court, the

agency, the lawyer-guardian ad litem for the child, and an attorney for one of the

parties.

(5)Action Following Motion or Petition to Revoke Juvenile Guardianship. After notice

and a hearing on a petition to revoke the juvenile guardianship, if the court finds by a

preponderance of evidence that continuation of the juvenile guardianship is not in the

child’s best interests, and upon finding that it is contrary to the welfare of the child to

be placed in or remain in the juvenile guardian’s home and that reasonable efforts

were made to prevent removal, the court shall revoke the juvenile guardianship. The

court shall enter an order revoking the juvenile guardianship and placing the child

under the care and supervision of the Department of Health and Human Services on a

form approved by the state court administrator. Jurisdiction over the child under MCL

712A.2(b) is reinstated under the previous child protective proceeding upon entry of

the order revoking the juvenile guardianship.

(6)Action Following Petition to Terminate Appointment of Juvenile Guardian. After

notice and a hearing on a petition to terminate the appointment of a juvenile guardian,

Chapter 3. Special Proceedings and Actions Page 467 Updated June 21, 2024

if the court finds it is in the child’s best interests to terminate the appointment and if

there is:

(a) no successor, the court shall proceed according to subrule (F)(5); or

(b) a successor, the court shall terminate the appointment of the juvenile guardian

and proceed with an investigation and appointment of a successor juvenile

guardian in accordance with the requirements of this rule, and the court’s

jurisdiction over the juvenile guardianship shall continue. An order terminating a

juvenile guardianship and appointing a successor juvenile guardian shall be

entered on a form approved by the state court administrator.

(7)Dispositional Review Hearing. The court shall hold a dispositional review hearing

pursuant to MCR 3.973 or MCR 3.978 within 42 days of revocation of a juvenile

guardianship. The Department of Health and Human Services shall prepare a case

service plan and file it with the court no later than 7 days before the hearing.

Subsequent postdispositional review hearings shall be scheduled in conformity with

MCR 3.974 and MCR 3.975.

ULE 3.981 MINOR PERSONAL PROTECTION ORDERS; ISSUANCE; MODIFICATION; RECISION;

PPEAL

Procedure for the issuance, dismissal, modification, or recision of minor personal

protection orders is governed by subchapter 3.700. Procedure in appeals related to minor personal

protection orders is governed by MCR 3.709 and MCR 3.993.

ULE 3.982 ENFORCEMENT OF MINOR PERSONAL PROTECTION ORDERS

(A) In General. A minor personal protection order is enforceable under MCL

600.2950(22), (25), 600.2950a(22), (25), 764.15b, and 600.1701 et seq. For the purpose of

MCR 3.981-3.989, “minor personal protection order” includes a foreign protection order

against a minor respondent enforceable in Michigan under MCL 600.2950l.

(B) Procedure. Unless indicated otherwise in these rules, contempt proceedings for the

enforcement of minor personal protection orders where the respondent is under 18 years

of age are governed by MCR 3.982-3.989.

issued the minor personal protection order shall be entitled “In the Matter of Contempt of

[Respondent], a minor”. The clerk shall provide a copy of the contempt proceeding to the

court that issued the minor personal protection order.

ULE 3.983 INITIATION OF CONTEMPT PROCEEDINGS BY SUPPLEMENTAL PETITION

(A) Filing. If a respondent allegedly violates a minor personal protection order, the

original petitioner, a law enforcement officer, a prosecuting attorney, a probation officer,

Chapter 3. Special Proceedings and Actions Page 468 Updated June 21, 2024

or a caseworker may submit a supplemental petition in writing to have the respondent

found in contempt. The supplemental petition must contain a specific description of the

facts constituting a violation of the personal protection order. There is no fee for such a

petition.

(B) Scheduling. Upon receiving the supplemental petition, the court must either:

(1) set a date for a preliminary hearing on the supplemental petition, to be held as soon

as practicable, and issue a summons to appear; or

(2) issue an order authorizing a peace officer or other person designated by the court to

apprehend the respondent.

supplemental petition and summons on the respondent and, if the relevant addresses are

known or are ascertainable upon diligent inquiry, on the respondent's parent or parents,

guardian, or custodian. Service must be in the manner provided by MCR 3.920 at least 7

days before the preliminary hearing.

(D) Order to Apprehend.

(1) A court order to apprehend the respondent may include authorization to:

(a) enter specified premises as required to bring the minor before the court, and

(b) detain the minor pending preliminary hearing if it appears there is a substantial

likelihood of retaliation or continued violation.

(2) Upon apprehending a minor respondent under a court order, the officer shall

comply with MCR 3.984(B) and (C).

ULE 3.984 APPREHENSION OF ALLEGED VIOLATOR

(A) Apprehension; Release to Parent, Guardian, or Custodian. When an officer

apprehends a minor for violation of a minor personal protection order without a court

order for apprehension and does not warn and release the minor, the officer may accept a

written promise of the minor's parent, guardian, or custodian to bring the minor to court,

and release the minor to the parent, guardian, or custodian.

(B) Custody; Detention. When an officer apprehends a minor in relation to a minor

personal protection order pursuant to a court order that specifies that the minor is to be

brought directly to court; or when an officer apprehends a minor for an alleged violation

of a minor personal protection order without a court order, and either the officer has failed

to obtain a written promise from the minor's parent, guardian, or custodian to bring the

minor to court, or it appears to the officer that there is a substantial likelihood of retaliation

or violation by the minor, the officer shall immediately do the following:

(1) If the whereabouts of the minor's parent or parents, guardian, or custodian is

known, inform the minor's parent or parents, guardian, or custodian of the minor's

Chapter 3. Special Proceedings and Actions Page 469 Updated June 21, 2024

apprehension and of the minor's whereabouts and of the need for the parent or parents,

guardian, or custodian to be present at the preliminary hearing;

(2) Take the minor

(a) before the court for a preliminary hearing, or

(b) to a place designated by the court pending the scheduling of a preliminary

hearing;

(3) Prepare a custody statement for submission to the court including:

(a) the grounds for and the time and location of detention, and

(b) the names of persons notified and the times of notification, or the reason for

failure to notify; and

(4) Ensure that a supplemental petition is prepared and filed with the court.

appearance before the court, or otherwise, a minor under 17 years of age must be

maintained separately from adult prisoners to prevent any verbal, visual, or physical

contact with an adult prisoner.

(D) Designated Court Person. The court must designate a judge, referee or other person

who may be contacted by the officer taking a minor under 17 into custody when the court

is not open. In each county there must be a designated facility open at all times at which an

officer may obtain the name of the person to be contacted for permission to detain the

minor pending preliminary hearing.

(E) Out-of-County Violation. Subject to MCR 3.985(H), if a minor is apprehended for

violation of a minor personal protection order in a jurisdiction other than the jurisdiction

where the minor personal protection order was issued, the apprehending jurisdiction may

notify the issuing jurisdiction that it may request that the respondent be returned to the

issuing jurisdiction for enforcement proceedings.

ULE 3.985 PRELIMINARY HEARING

(A) Time.

(1) Commencement. If the respondent was apprehended or arrested for violation of a

minor personal protection order or was apprehended or arrested under a court order,

and the respondent is taken into court custody or is jailed, the preliminary hearing

must commence no later than 24 hours after the minor was apprehended or arrested,

excluding Sundays and holidays, as defined in MCR 8.110(D)(2), or the minor must

be released. Otherwise, the preliminary hearing must commence as soon as practicable

after the apprehension or arrest, or the submission of a supplemental petition.

(2) General Adjournment. The court may adjourn the hearing for up to 14 days:

(a) to secure the attendance of witnesses or the minor's parent, guardian, or

custodian, or

Chapter 3. Special Proceedings and Actions Page 470 Updated June 21, 2024

(b) for other good cause shown.

(B) Procedure.

(1) The court shall determine whether the parent, guardian, or custodian has been

notified and is present. The preliminary hearing may be conducted without a

parent, guardian, or custodian provided a guardian ad litem or attorney appears

with the minor.

(2) Unless waived by the respondent, the court shall read the allegations in the

supplemental petition, and ensure that the respondent has received written notice

of the alleged violation.

(3) Immediately after the reading of the allegations, the court shall advise the

respondent on the record in plain language of the rights to:

(a) contest the allegations at a violation hearing;

(b) an attorney at every stage in the proceedings, and, if the court determines it

might sentence the respondent to jail or place the respondent in secure

detention, the fact that the court will appoint an attorney at public expense if

the respondent wants one and is financially unable to retain one;

demand for a judge is filed pursuant to MCR 3.912;

(d) have witnesses against the respondent appear at a violation hearing and to

question the witnesses;

(e) have the court order any witnesses for the respondent's defense to appear at

the hearing; and

(f) remain silent and to not have that silence used against the respondent, and

that any statement by the respondent may be used against the respondent.

(4) The court must decide whether to authorize the filing of the supplemental petition

and proceed formally, or to dismiss the supplemental petition.

(5) The respondent must be allowed an opportunity to deny or otherwise plead to the

allegations. If the respondent wishes to enter a plea of admission or of nolo

contendere, the court shall follow MCR 3.986.

(6) If the court authorizes the filing of the supplemental petition, the court must:

(a) set a date and time for the violation hearing, or, if the court accepts a plea of

admission or no contest, either enter a dispositional order or set the matter for

dispositional hearing; and

(b) either release the respondent pursuant to subrule (E) or order detention of the

respondent as provided in subrule (F).

allegations in the supplemental petition, the court must:

(1) notify the prosecuting attorney of the scheduled violation hearing;

Chapter 3. Special Proceedings and Actions Page 471 Updated June 21, 2024

(2) notify the respondent, respondent's attorney, if any, and respondent's parents,

guardian, or custodian of the scheduled violation hearing and direct the parties to

appear at the hearing and give evidence on the charge of contempt.

Notice of hearing must be given by personal service or ordinary mail at least 7 days

before the violation hearing, unless the respondent is detained, in which case notice of

hearing must be served at least 24 hours before the hearing.

(D) Failure to Appear. If the respondent was notified of the preliminary hearing and fails

to appear for the preliminary hearing, the court may issue an order in accordance with

MCR 3.983(D) authorizing a peace officer or other person designated by the court to

apprehend the respondent.

(1) If the respondent is under 17 years of age, the court may order the respondent

detained pending a hearing on the apprehension order; if the court releases the

respondent it may set bond for the respondent's appearance at the violation hearing.

(2) If the respondent is 17 years of age, the court may order the respondent confined to

jail pending a hearing on the apprehension order. If the court releases the respondent it

must set bond for the respondent's appearance at the violation hearing.

(E) Release of Respondent.

(1) Subject to the conditions set forth in subrule (F), the respondent may be released,

with conditions, to a parent, guardian, or custodian pending the resumption of the

preliminary hearing or pending the violation hearing after the court considers available

information on

(a) family ties and relationships,

(b) the minor's prior juvenile delinquency or minor personal protection order

record, if any,

(d) the violent nature of the alleged violation,

(e) the minor's prior history of committing acts that resulted in bodily injury to

others,

(f) the minor's character and mental condition,

(g) the court's ability to supervise the minor if placed with a parent or relative,

(h) the likelihood of retaliation or violation of the order by the respondent, and

(i) any other factors indicating the minor's ties to the community, the risk of

nonappearance, and the danger to the respondent or the original petitioner if the

respondent is released.

(2) Bail procedure is governed by MCR 3.935(F).

(F) Detention Pending Violation Hearing.

Chapter 3. Special Proceedings and Actions Page 472 Updated June 21, 2024

(1) Conditions. A minor shall not be removed from the parent, guardian, or custodian

pending violation hearing or further court order unless:

(a) probable cause exists to believe the minor violated the minor personal

protection order; and

(b) at the preliminary hearing the court finds one or more of the following

circumstances to be present:

(i) there is a substantial likelihood of retaliation or continued violation by the

minor who allegedly violated the minor personal protection order;

(ii) there is a substantial likelihood that if the minor is released to the parent,

with or without conditions, the minor will fail to appear at the next court

proceeding; or

(iii) detention pending violation hearing is otherwise specifically authorized by

law.

(2) Waiver. A minor respondent in custody may waive the probable cause phase of a

detention determination only if the minor is represented by an attorney.

(3) Evidence; Findings. At the preliminary hearing the minor respondent may contest

the sufficiency of evidence to support detention by cross-examination of witnesses,

presentation of defense witnesses, or by other evidence. The court shall permit the use

of subpoena power to secure attendance of defense witnesses. A finding of probable

cause under subrule (F)(1)(a) may be based on hearsay evidence which possesses

adequate guarantees of trustworthiness.

(4) Type of Detention. The detained minor must be placed in the least restrictive

environment that will meet the needs of the minor and the public, and conforms to the

requirements of MCL 712A.15 and 712A.16.

(G) Findings. At the preliminary hearing the court must state the reasons for its decision to

release or detain the minor on the record or in a written memorandum.

(H) Out-of-County Violation. When a minor is apprehended for violation of a minor

personal protection order in a jurisdiction other than the one that issued the personal

protection order, and the apprehending jurisdiction conducts the preliminary hearing, if it

has not already done so, the apprehending jurisdiction must immediately notify the issuing

jurisdiction that the latter may request that the respondent be returned to the issuing

jurisdiction for enforcement proceedings.

ULE 3.986 PLEAS OF ADMISSION OR NO CONTEST

(A) Capacity. A minor may offer a plea of admission or of no contest to the violation of a

minor personal protection order with the consent of the court. The court shall not accept a

plea to a violation unless the court is satisfied that the plea is accurate, voluntary, and

understanding.

Chapter 3. Special Proceedings and Actions Page 473 Updated June 21, 2024

(B) Qualified Pleas. The court may accept a plea of admission or of no contest conditioned

on preservation of an issue for appellate review.

guardian, custodian, or guardian ad litem whether there is any reason the court should not

accept the plea tendered by the minor. Agreement or objection by the parent, guardian,

custodian, or guardian ad litem to a plea of admission or of no contest by a minor must be

placed on the record if that person is present.

(D) Plea Withdrawal. The court may take a plea of admission or of no contest under

advisement. Before the court accepts the plea, the minor may withdraw the plea offer by

right. After the court accepts a plea, the court has discretion to allow the minor to

withdraw the plea.

ULE 3.987 VIOLATION HEARING

(A) Time. Upon completion of the preliminary hearing the court shall set a date and time

for the violation hearing if the respondent denies the allegations in the supplemental

petition. The violation hearing must be held within 72 hours of apprehension, excluding

Sundays and holidays, as defined in MCR 8.110(D)(2), if the respondent is detained. If the

respondent is not detained the hearing must be held within 21 days.

(B) Prosecution After Apprehension. If a criminal contempt proceeding is commenced

under MCL 764.15b, the prosecuting attorney shall prosecute the proceeding unless the

petitioner retains an attorney to prosecute the criminal contempt proceeding. If the

prosecuting attorney determines that the personal protection order was not violated or that

it would not be in the interest of justice to prosecute the criminal contempt violation, the

prosecuting attorney need not prosecute the proceeding.

(1) The court must determine whether the appropriate parties have been notified and

are present.

(a) The respondent has the right to be present at the violation hearing along with

parents, guardian, or custodian, and guardian ad litem and attorney.

(b) The court may proceed in the absence of a parent properly noticed to appear,

provided the respondent is represented by an attorney.

(2) The court must read the allegations contained in the supplemental petition, unless

waived.

(3) Unless an attorney appears with the minor, the court must inform the minor of the

right to the assistance of an attorney and that, if the court determines that it might

sentence the respondent to jail or place the respondent in secure detention, the court

will appoint an attorney at public expense if the respondent wants one and is

Chapter 3. Special Proceedings and Actions Page 474 Updated June 21, 2024

financially unable to retain one. If the juvenile requests to proceed without the

assistance of an attorney, the court must advise the minor of the dangers and

disadvantages of self-representation and determine whether the minor is literate and

competent to conduct the defense.

(D) Jury. There is no right to a jury trial.

(E) Conduct of the Hearing. The respondent has the right to be present at the hearing, to

present evidence, and to examine and cross-examine witnesses.

(F) Evidence; Burden of Proof. The rules of evidence apply to both criminal and civil

contempt proceedings. The petitioner or the prosecuting attorney has the burden of

proving the respondent's guilt of criminal contempt beyond a reasonable doubt and the

respondent's guilt of civil contempt by a preponderance of the evidence.

(G) Judicial Findings. At the conclusion of the hearing, the court must make specific

findings of fact, state separately its conclusions of law, and direct entry of the appropriate

judgment. The court must state its findings and conclusions on the record or in a written

opinion made a part of the record.

ULE 3.988 DISPOSITIONAL HEARING

(A) Time. The time interval between the entry of judgment finding a violation of a minor

personal protection order and disposition, if any, is within the court's discretion, but may

not be more than 35 days. When the minor is detained, the interval may not be more than

14 days, except for good cause.

(B) Presence of Respondent and Petitioner.

(1) The respondent may be excused from part of the dispositional hearing for good

cause, but the respondent must be present when the disposition is announced.

(2) The petitioner has the right to be present at the dispositional hearing.

(1) At the dispositional hearing all relevant and material evidence, including oral and

written reports, may be received by the court and may be relied on to the extent of its

probative value, even though such evidence may not be admissible at the violation

hearing.

(2) The respondent, or the respondent's attorney, and the petitioner shall be afforded an

opportunity to examine and controvert written reports so received and, in the court's

discretion, may be allowed to cross-examine individuals making reports when such

individuals are reasonably available.

(3) No assertion of an evidentiary privilege, other than the privilege between attorney

and client, shall prevent the receipt and use, at the dispositional phase, of materials

prepared pursuant to a court-ordered examination, interview, or course of treatment.

Chapter 3. Special Proceedings and Actions Page 475 Updated June 21, 2024

(D) Dispositions.

(1) If a minor respondent at least 17 years of age pleads or is found guilty of criminal

contempt, the court may impose a sentence of incarceration of up to 93 days and may

impose a fine of not more than $500.

(2) If a minor respondent pleads or is found guilty of civil contempt, the court shall

(a) impose a fine or imprisonment as specified in MCL 600.1715 and 600.1721, if

the respondent is at least 17 years of age.

(b) subject the respondent to the dispositional alternatives listed in MCL 712A.18,

if the respondent is under 17 years of age.

(3) In addition to the sentence, the court may impose other conditions to the minor

personal protection order.

ULE 3.989 SUPPLEMENTAL DISPOSITIONS

When it is alleged that a minor placed on probation for the violation of a minor personal

protection order has violated a condition of probation, the court shall follow the procedures for

supplemental disposition as provided in MCR 3.944.

ULE 3.991 REVIEW OF REFEREE RECOMMENDATIONS

(A) General.

(1) Before signing an order based on a referee's recommended findings and

conclusions, a judge of the court shall review the recommendations if requested by a

party in the manner provided by subrule (B).

(2) If no such request is filed within the time provided by subrule (B)(3), the court may

enter an order in accordance with the referee's recommendations.

(3) Nothing in this rule prohibits a judge from reviewing a referee's recommendation

before the expiration of the time for requesting review and entering an appropriate

order.

(4) After the entry of an order under subrule (A)(3), a request for review may not be

filed. Reconsideration of the order is by motion for rehearing under MCR 3.992.

(B) Form of Request; Time. A party's request for review of a referee's recommendation

must:

(1) be in writing,

(2) state the grounds for review,

(3) be filed with the court within 7 days after the conclusion of the inquiry or hearing

or within 7 days after the issuance of the referee's written recommendations,

whichever is later, and

(4) be served on the interested parties by the person requesting review at the time of

filing the request for review with the court. A proof of service must be filed.

Chapter 3. Special Proceedings and Actions Page 476 Updated June 21, 2024

request for review.

(D) Prompt Review; No Party Appearance Required. Absent good cause for delay, the

judge shall consider the request within 21 days after it is filed if the minor is in placement

or detention. The judge need not schedule a hearing to rule on a request for review of a

referee's recommendations.

(E) Review Standard. The judge must enter an order adopting the referee's

recommendation unless:

(1) the judge would have reached a different result had he or she heard the case; or

(2) the referee committed a clear error of law, which

(a) likely would have affected the outcome, or

(b) cannot otherwise be considered harmless.

(F) Remedy. The judge may adopt, modify, or deny the recommendation of the referee, in

whole or in part, on the basis of the record and the memorandums prepared, or may

conduct a hearing, whichever the court in its discretion finds appropriate for the case.

(G) Stay. The court may stay any order or grant bail to a detained juvenile, pending its

decision on review of the referee's recommendation.

ULE 3.992 REHEARINGS; NEW TRIAL

(A) Time and Grounds. Except for the case of a juvenile tried as an adult in the family

division of the circuit court for a criminal offense, and except for a case in which parental

rights are terminated, a party may seek a rehearing or new trial by filing a written motion

stating the basis for the relief sought within 21 days after the date of the order resulting

from the hearing or trial. In a case that involves termination of parental rights, a motion for

new trial, rehearing, reconsideration, or other postjudgment relief shall be filed within 14

days after the date of the order terminating parental rights. The court may entertain an

untimely motion for good cause shown. A motion will not be considered unless it presents

a matter not previously presented to the court, or presented, but not previously considered

by the court, which, if true, would cause the court to reconsider the case.

(B) Notice. All parties must be given notice of the motion in accordance with Rule 3.920.

court and served on the opposing parties within 7 days after notice of the motion.

(D) Procedure. The judge may affirm, modify, or vacate the decision previously made in

whole or in part, on the basis of the record, the memoranda prepared, or a hearing on the

motion, whichever the court in its discretion finds appropriate for the case.

Chapter 3. Special Proceedings and Actions Page 477 Updated June 21, 2024

(E) Hearings. The court need not hold a hearing before ruling on a motion. Any hearing

conducted shall be in accordance with the rules for dispositional hearings and, at the

discretion of the court, may be assigned to the person who conducted the hearing. The

court shall state the reasons for its decision on the motion on the record or in writing.

(F) Stay. The court may stay any order, or grant bail to a detained juvenile, pending a

ruling on the motion.

ULE 3.993 APPEALS

(A) The following orders are appealable to the Court of Appeals by right:

(1) any order removing a child from a parent's care and custody,

(2) an initial order of disposition following adjudication in a child protective

proceeding,

(3) an order of disposition placing a minor under the supervision of the court in a

delinquency proceeding,

(4) an order terminating parental rights,

(5) any order required by law to be appealed to the Court of Appeals,

(6) any order involving an Indian child that is subject to potential invalidation under §

39 of the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., or § 1914 of

the Indian Child Welfare Act, 25 USC 1901 et seq., which includes, but is not limited

to, an order regarding:

(a) recognition of the jurisdiction of a tribal court pursuant to MCL 712B.7, MCL

712B.29, or 25 USC 1911;

(b) transfer to tribal court pursuant to MCL 712B.7 or 25 USC 1911;

(d) extension of full faith and credit to public acts, records, and judicial

proceedings of an Indian tribe pursuant to MCL 712B.7 or 25 USC 1911;

(e) removal of a child from the home, placement into foster care, or continuance of

an out-of-home placement pursuant to MCL 712B.9, MCL 712B.15, MCL

712B.25, MCL 712B.29, or 25 USC 1912;

(f) termination of parental rights pursuant to MCL 712B.9, MCL 712B.15, or 25

USC 1912;

(g) appointment of counsel pursuant to MCL 712B.21 or 25 USC 1912;

(h) examination of reports pursuant to MCL 712B.11 or 25 USC 1912;

(i) voluntary consent to or withdrawal of a voluntary consent to a foster care

placement or to a termination of parental right pursuant to MCL712B.13, MCL

712B.25, MCL 712B.27, or 25 USC 1913;

Chapter 3. Special Proceedings and Actions Page 478 Updated June 21, 2024

(j) foster care, pre-adoptive, or adoptive placement of an Indian child pursuant to

MCL 712B.23; and

(7) any final order.

In any appeal as of right, an indigent respondent is entitled to appointment of an attorney

to represent the respondent on appeal and to preparation of relevant transcripts.

(B) All orders not listed in subrule (A) are appealable to the Court of Appeals by leave.

(1) Applicable Rules. Except as modified by this rule, chapter 7 of the Michigan Court

Rules governs appeals from the family division of the circuit court.

(2) Ineffective Assistance of Appellate Counsel Claims. In accordance with MCR

7.316(D), the Supreme Court may consider a claim of ineffective assistance of

appellate counsel in cases involving termination of parental rights.

(3) Delayed Appeals; Termination of Parental Rights. The Court of Appeals may not

grant an application for leave to appeal an order of the family division of the circuit

court terminating parental rights if filed more than 63 days after entry of an order of

judgment on the merits, or if filed more than 63 days after entry of an order denying

reconsideration or rehearing.

(D) Request and Appointment of Counsel.

(1) A request for appointment of appellate counsel must be made within 21 days after

notice of the order is given or an order is entered denying a timely filed postjudgment

motion.

(2) If a request for appointment of appellate counsel is timely filed and the court finds

that the respondent is financially unable to provide an attorney, the court shall appoint

an attorney within 14 days after the respondent’s request is filed. The chief judge of

the court shall bear primary responsibility for ensuring that the appointment is made

within the deadline stated in this rule.

(3) The order described in subrule (D)(2) must be entered on a form approved by the

State Court Administrator’s Office, entitled “Claim of Appeal and Order Appointing

Counsel,” and the court must immediately send to the Court of Appeals a copy of the

Claim of Appeal and Order Appointing Counsel, a copy of the judgment or order

being appealed, and a copy of the complete register of actions in the case. The court

must also file in the Court of Appeals proof of having made service of the Claim of

Appeal and Order Appointing Counsel on the respondent(s), appointed counsel for the

respondent(s), the court reporter(s)/recorder(s), petitioner, the prosecuting attorney,

the lawyer-guardian ad litem for the child(ren) under MCL 712A.13a(1)(f), and the

guardian ad litem or attorney (if any) for the child(ren). Entry of the order by the trial

court pursuant to this subrule constitutes a timely filed claim of appeal for the

purposes of MCR 7.204.

Chapter 3. Special Proceedings and Actions Page 479 Updated June 21, 2024

(E) Transcripts. If the court appoints appellate counsel for respondent, the court must

order the complete transcripts of all proceedings prepared at public expense.

Chapter 4. District Court Page 480 Updated June 21, 2024

MICHIGAN COURT RULES OF 1985

Chapter 4. District Court

Updated June 21, 2024

SUBCHAPTER 4.000 GENERAL PROVISIONS

RULE 4.001 APPLICABILITY

The rules in this chapter apply to the specific types of proceedings within the jurisdiction

of the district and municipal courts. Except as otherwise provided in this chapter, proceedings

under this chapter are governed by Michigan Court Rules.

ULE 4.002 TRANSFER OF ACTIONS FROM DISTRICT COURT TO CIRCUIT COURT

(A) Counterclaim or Cross-Claim in Excess of Jurisdiction.

(1) If a defendant asserts a counterclaim or cross-claim seeking relief of an amount or

nature beyond the jurisdiction or power of the district court in which the action is

pending, and accompanies the notice of the claim with a statement verified in the

manner prescribed by MCR 1.109(D)(3) indicating that the defendant is justly entitled

to the relief demanded, the clerk shall record the pleadings and present them to the

judge to whom the action is assigned. The judge shall either order the action

transferred to the circuit court to which appeal of the action would ordinarily lie or

inform the defendant that transfer will not be ordered without a motion and notice to

the other parties.

(2) Transfer of summary proceedings to recover possession of premises is governed

under MCR 4.201(H)(2) and 4.202(I)(4) and subrules (C) and (D) of this rule.

(B) Change in Conditions.

(1) A party may, at any time, file a motion with the district court in which an action is

pending, requesting that the action be transferred to circuit court. The motion must be

supported by a statement verified in the manner prescribed by MCR 1.109(D)(3)

indicating that

(a) due to a change in condition or circumstance, or

(b) due to facts not known by the party at the time the action was commenced, the

party wishes to seek relief of an amount or nature that is beyond the jurisdiction or

power of the court to grant.

(2) If the district court finds that the party filing the motion may be entitled to the relief

the party now seeks to claim and that the delay in making the claim is excusable, the

court shall order the action transferred to the circuit court to which an appeal of the

action would ordinarily lie.

Chapter 4. District Court Page 481 Updated June 21, 2024

(1) The district court must enter all necessary orders pertaining to the certification and

transfer of the action to the circuit court. The district court must order the moving

party to pay the applicable statutory filing fee directly to the circuit court, unless fees

have been waived in accordance with MCR 2.002.

(2) The district court may also order the party seeking transfer to pay the opposing

parties the costs they have reasonably incurred up to that time that would not have

been incurred if the action had originally been brought in circuit court.

(3) The district court must serve the order on the parties and send a copy to the circuit

court. The clerk of the district court must prepare the case records for transfer in

accordance with the orders entered under subrule (1) and the Michigan Trial Court

Records Management Standards and send them to the receiving court by a secure

method.

(4) The circuit court shall temporarily suspend payment of the filing fee and open a

case pending payment of the filing fee and costs as ordered by the district court. The

circuit court must notify the moving party of the new case number in the circuit court,

the amount due, and the due date.

(5) After transfer, no further proceedings may be conducted in the district court, and

the action shall proceed in the circuit court. The circuit court may order further

pleadings and set the time when they must be filed.

(D) Payment of Filing and Jury Fees After Transfer; Payment of Costs.

(1) The party that moved for transfer must pay to the circuit court within 28 days of the

date of the transfer order the applicable filing fee as ordered by the district court. No

further action may be had in the case until payment is made. If the fee is not paid to the

circuit court within 28 days of the date of the transfer order, the circuit court will either

dismiss the counterclaim or cross-claim or order the case transferred back to the

district court.

(2) If the jury fee has been paid, the clerk of the district court must forward it to the

clerk of the circuit court to which the action is transferred as soon as possible after the

case records have been transferred. If the amount paid to the district court for the jury

fee is less than the circuit court jury fee, then the party requesting the jury shall pay the

difference to the circuit court.

(3) If the court ordered payment of costs, the moving party must pay them to the

opposing parties within 28 days of the date of the transfer order. If the costs are not

paid within 28 days of the date of entry, the circuit court will either dismiss the

counterclaim or cross-claim and/or order the case transferred back to the district court

to proceed on the original claim.

ULE 4.003 REMOVAL OF ACTIONS FROM CIRCUIT COURT TO DISTRICT COURT.

[Repealed May 8, 1997, effective July 1, 1997 - Reporter.]

Chapter 4. District Court Page 482 Updated June 21, 2024

SUBCHAPTER 4.100 CIVIL INFRACTION ACTIONS

RULE 4.101 CIVIL INFRACTION ACTIONS

(A) Citation; Complaint; Summons; Warrant.

(1) Except as otherwise provided by court rule or statute, a civil infraction action may

be initiated by a law enforcement officer serving a written citation on the alleged

violator and filing the citation in the district court. The citation serves as the complaint

in a civil infraction action and may be prepared electronically or on paper. The citation

must be signed by the officer in accordance with MCR 1.109(E)(4); if a citation is

prepared electronically and filed with a court as data, the name of the officer that is

associated with issuance of the citation satisfies this requirement.

(a) If the infraction is a parking violation, the action may be initiated by an

authorized person placing a citation securely on the vehicle or mailing a citation to

the registered owner of the vehicle.

(b) If the infraction is a municipal civil infraction, the action may be initiated by an

authorized local official serving a written citation on the alleged violator. If the

infraction involves the use or occupancy of land or a building or other structure,

service may be accomplished by posting the citation at the site and sending a copy

to the owner by first-class mail.

(2) A violation alleged on a citation may not be amended except by the prosecuting

official or a police officer for the plaintiff.

(3) The citation serves as a summons to command

(a) the initial appearance of the defendant; and

(b) a response from the defendant as to his or her responsibility for the alleged

violation.

(4) A warrant may not be issued for a civil infraction unless permitted by statute.

(B) Appearances; Failure to Appear; Default Judgment.

(1) Depending on the nature of the violation and on the procedure appropriate to the

violation, a defendant may appear in person, by videoconferencing technology, by

representation, or by mail.

(2) A defendant may not appear by making a telephone call to the court, but a

defendant may telephone the court to obtain a date to appear.

(3) A clerk of the court may enter a default after certifying, on a form to be furnished

by the court, that the defendant has not made a scheduled appearance, or has not

answered a citation within the time allowed by statute.

(4) If a defendant fails to appear or otherwise to respond to any matter pending relative

to a civil infraction action, the court:

(a) must enter a default against the defendant;

Chapter 4. District Court Page 483 Updated June 21, 2024

(b) must make a determination of responsibility, if the complaint is sufficient;

(d) must send the defendant a notice of the entry of the default judgment and the

sanctions imposed; and

(e) may retain the driver's license of a nonresident as permitted by statute, if the

court has received that license pursuant to statute. The court need not retain the

license past its expiration date.

(5) If a defendant fails to appear or otherwise to respond to any matter pending relative

to a traffic civil infraction, the court

(a) must notify the secretary of state of the entry of the default judgment, as

required by MCL 257.732, and

(b) must initiate the procedures required by MCL 257.321a.

(6) If a defendant fails to appear or otherwise to respond to any matter pending relative

to a state civil infraction, the court must initiate the procedures required by MCL

257.321a.

(1) If a defendant requests an informal hearing, the court shall schedule an informal

hearing and notify the police officer who issued the citation to appear at the informal

hearing.

(2) The attendance of the officer at the hearing may not be waived.

Except when the court is notified before the commencement of a hearing of an

emergency preventing an on-duty officer from appearing, failure of the police officer

to appear as required by this rule shall result in a dismissal of the case without

prejudice.

(D) Motion to Set Aside Default Judgment.

(1) A defendant may move to set aside a default judgment within 14 days after the

court sends notice of the judgment to the defendant. The motion

(a) may be informal,

(b) may be either written or presented to the court in person,

(d) must state that the defendant wants to offer a defense to or an explanation of

the complaint, and

(e) must be accompanied by a cash bond equal to the fine and costs due at the time

the motion is filed.

(2) For good cause, the court may

(a) set aside the default and direct that a hearing on the complaint take place, or

Chapter 4. District Court Page 484 Updated June 21, 2024

(b) schedule a hearing on the motion to set aside the default judgment.

(3) A defendant who does not file this motion on time may use the procedure set forth

in MCR 2.603(D).

(E) Response.

(1) Except as provided in subrule (4), an admission without explanation may be

offered to and accepted by

(a) a district judge;

(b) a district court magistrate as authorized by the chief judge, the presiding judge,

or the only judge of the district; or

(2) Except as provided in subrule (4), an admission with explanation may be written or

offered orally to a judge or district court magistrate, as authorized by the district judge.

(3) Except as provided in subrule (4), a denial of responsibility must be made by the

defendant appearing at a time set either by the citation or as the result of a

communication with the court.

(4) If the violation is a trailway municipal civil infraction, and there has been damage

to property or a vehicle has been impounded, the defendant's response must be made at

a formal hearing.

(F) Contested Actions; Notice; Defaults.

(1) An informal hearing will be held unless

(a) a party expressly requests a formal hearing, or

(b) the violation is a trailway municipal civil infraction which requires a formal

hearing pursuant to MCL 600.8717(4).

(2) The provisions of MCR 2.501(C) regarding the length of notice of trial assignment

do not apply in civil infraction actions.

(3) A defendant who obtains a hearing date other than the date specified in the citation,

but who does not appear to explain or contest responsibility, is in default, and the

procedures established by subrules (B)(4)-(6) apply.

(4) For any hearing held under this subchapter and subject to MCR 2.407(B)(5), the

use of videoconferencing technology to conduct remote proceedings is presumed.

(G) Postdetermination Orders; Sanctions, Fines, and Costs; Schedules.

(1) A court may not increase a scheduled civil fine because the defendant has

requested a hearing.

(2) Upon a finding of responsibility in a traffic civil infraction action, the court:

(a) must inform the secretary of state of the finding, as required by MCL 257.732;

and

Chapter 4. District Court Page 485 Updated June 21, 2024

(b) must initiate the procedures required by MCL 257.321a, if the defendant fails

to pay a fine or to comply with an order or judgment of the court.

(3) Upon a finding of responsibility in a state civil infraction action, the court must

initiate the procedures required by MCL 257.321a(1), if the defendant fails to pay a

fine or to comply with an order or judgment of the court.

(4) The court may waive fines, costs and fees, pursuant to statute or court rule, or to

correct clerical error.

(H) Appeal; Bond.

(1) An appeal following a formal hearing is a matter of right. Except as otherwise

provided in this rule, the appeal is governed by subchapter 7.100.

(a) A defendant who appeals must post with the district court, at the time the

appeal is taken, a bond equal to the fine and costs imposed. A defendant who has

paid the fine and costs is not required to post a bond.

(b) If a defendant who has posted a bond fails to comply with the requirements of

MCR 7.104(D), the appeal may be considered abandoned, and the district court

may dismiss the appeal on 14 days' notice to the parties pursuant to MCR 7.113.

The court clerk must promptly notify the circuit court of a dismissal and the circuit

court shall dismiss the claim of appeal. If the appeal is dismissed or the judgment

is affirmed, the district court may apply the bond to the fine and costs.

political unit that provided the plaintiff's attorney for the formal hearing. A bond is

not required.

(2) An appeal following an informal hearing is a matter of right, and must be asserted

in writing, within 7 days after the decision, on a form to be provided by the court. The

appeal will result in a de novo formal hearing.

(a) A defendant who appeals must post a bond as provided in subrule (1)(a). If a

defendant who has posted a bond defaults by failing to appear at the formal

hearing, or if the appeal is dismissed or the judgment is affirmed, the bond may be

applied to the fine and costs.

(b) A plaintiff's appeal must be asserted by the prosecuting authority of the

political unit that is responsible for providing the plaintiff's attorney for the formal

hearing. A bond is not required.

(3) There is no appeal of right from an admission of responsibility. However, within

14 days after the admission, a defendant may file with the district court a written

request to withdraw the admission, and must post a bond as provided in subrule (1)(a).

If the court grants the request, the case will be scheduled for either a formal hearing or

an informal hearing, as ordered by the court. If the court denies the request, the bond

may be applied to the fine and costs.

Chapter 4. District Court Page 486 Updated June 21, 2024

SUBCHAPTER 4.200 LANDLORD-TENANT PROCEEDINGS; LAND CONTRACT

ORFEITURE

RULE 4.201 SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF PREMISES

(A) Applicable Rules; Forms. Except as provided by this rule and MCL 600.5701 et seq.,

a summary proceeding to recover possession of premises from a person in possession as

described in MCL 600.5714 is governed by the Michigan Court Rules.

Forms available

for public distribution at the court clerk’s office and SCAO-approved forms located

online may be used in the proceeding.

(B) Complaint.

(1) In General. The complaint must

(a) comply with the general pleading requirements;

(b) have attached to it a copy of any written instrument on which occupancy was or

is based;

(the copies must show when and how they were served);

(d) describe the premises or the defendant's holding if it is less than the entire

premises; and

(e) show the plaintiff's right to possession and indicate why the defendant's

possession is improper or unauthorized.

(2) Jury Demand. If the plaintiff wants a jury trial, the demand must be made on a

form approved by the State Court Administrative Office and filed along with the

complaint. The jury trial fee must be paid when the demand is

made or within 5 days

of being advised of the rights and information under subrule (K)(2)(a), unless

payment of fees is waived under MCR 2.002

(3) Specific Requirements.

(a) If rent or other money is due and unpaid, the complaint must show

(i) the rental period and rate;

(ii) the amount due and unpaid when the complaint was filed; and

(iii) the date or dates the payments became due.

(b) If the tenancy involves housing operated by or under the rules of a

governmental unit, the complaint must contain specific reference to the rules or

law establishing the basis for ending the tenancy.

(c)

If the tenancy is of residential premises, the complaint must allege that

the lessor or licensor has performed his or her covenants to keep the

premises fit for the use intended, in reasonable repair during the term of the

lease or license, and in compliance with applicable state and local health and

Chapter 4. District Court Page 487 Updated June 21, 2024

safety laws, except when the disrepair or violation has been caused by the

tenant’s willful or irresponsible conduct or lack of conduct, or the parties to

the lease or license have modified those obligations, as provided for by

statute. Plaintiff must explain any defects in this allegation, for example

local government’s failure to inspect despite a request to do so. The relevant

SCAO form must provide space for this explanation. A court may not refuse

a filing based on anything in this subrule.

(d) If possession is claimed for a serious and continuing health hazard or for

extensive and continuing physical injury to the premises pursuant to MCL

600.5714(1)(d), the complaint must

(i) describe the nature and the seriousness or extent of the condition on which

the complaint is based, and

(ii) state the period of time for which the property owner has been aware of the

condition.

(e) If possession is sought for trespass pursuant to MCL 600.5714(1)(f), the

complaint must describe, when known by the plaintiff, the conditions under which

possession was unlawfully taken or is unlawfully held and allege that no lawful

tenancy of the premises has existed between the parties since defendant took

possession.

(1) The summons must comply with MCR 2.102, except that it must command the

defendant to appear for trial in accord with MCL 600.5735(2), unless by local court

rule the provisions of MCL 600.5735(4) have been made applicable. If a court adopts

a local court rule under MCL 600.5735(4), both of the following apply:

(a) Pursuant to subrule (G)(1)(b), the defendant must be allowed to appear and

orally answer the complaint on the date and time indicated by the summons.

(b) The court must abide by the remaining requirements of this rule.

(2) The summons must state whether or not the action is brought in the county or

district in which the premises or any part of the premises is situated.

(3) The summons must also include the following advice to the defendant:

(a) The defendant has the right to employ an attorney to assist in answering the

complaint and in preparing defenses.

(b) If the defendant does not have an attorney but does have money to retain one,

he or she might locate an attorney through the State Bar of Michigan or a local

lawyer referral service.

she might qualify for assistance through a local legal aid office.

(d)

The defendant has a right to a jury trial which will be lost unless it is

demanded in accordance with subrule (G)(4). The jury trial fee must be paid

Chapter 4. District Court Page 488 Updated June 21, 2024

when the demand is made or within 5 days of being advised of the rights and

information under subrule (K)(2)(a), unless payment of fees is waived under

MCR 2.002

(e) The defendant has a right to have the case tried in the proper county, district, or

court. The case will be transferred to the proper county, district, or court if the

defendant moves the court for such transfer.

(f)

Written information attached to the summons regarding the local

availability of rental and other housing assistance, including all information

set forth in subrule (K)(2)(a).

(D) Service of Process. A copy of the summons and complaint and all attachments

must be served on the defendant by mail. Unless the court does the mailing and

keeps a record, the plaintiff must perfect the mail service by attaching a postal

receipt to the proof of service. A plaintiff may also request the court mail a second

copy of the summons and complaint and all attachments to the defendant in a court

envelope – the same envelope as used for other court business which is clearly

identified as coming from the court. This court mailing must be delivered to the US

Post Office at least 7 days before the date of trial, and a record must be kept. The

court may charge an additional fee as determined and published by the State Court

Administrative Office. In addition to mailing, the defendant must be served in one

of the following ways

(1) By a method provided in MCR 2.105;

(2) By delivering the documents at the premises to a member of the defendant's

household who is

(a) of suitable age,

(b) informed of the contents, and

(3) After diligent attempts at personal service have been made, by securely attaching

the documents to the main entrance of the tenant's dwelling unit. A return of service

made under this subrule must list the attempts at personal service. Service under this

subrule is effective only if a return of service is filed showing that, after diligent

attempts, personal service could not be made. An officer who files proof that service

was made under this subrule is entitled to the regular personal service fee.

(E) Recording.

All landlord-tenant summary proceedings conducted in open court,

including advice of rights and information required under subrule (K)(2)(a), must

be recorded by stenographic or mechanical means, and only a reporter or recorder

certified under MCR 8.108(G) may file a transcript of the record in a Michigan

court. This subsection does not apply to courts providing the advice of rights in

accordance with subrule (K)(2)(b).

Chapter 4. District Court Page 489 Updated June 21, 2024

(F) Use of Videoconferencing Technology. For any hearing held under this

subchapter, the court must allow the use of videoconferencing technology in

accordance with MCR 2.407 and MCR 2.408. The use of videoconferencing

technology is presumed when providing the advice of rights and information

required under subrule (K)(2)(a).

(G) Appearance and Answer; Default.

(1) Appearance and Answer. The defendant or the defendant's attorney must appear

and answer the complaint by the date on the summons. Appearance and answer may

be made as follows:

(a) By filing a written answer or a motion under MCR 2.115 or 2.116 and serving a

copy on the plaintiff or the plaintiff's attorney. If proof of the service is not filed

before the hearing, the defendant or the defendant's attorney may attest to service

on the record.

(b) By orally answering each allegation in the complaint at the hearing. The

answers must be recorded.

(2) Right to an Attorney. If either party appears without an attorney, the court must

inform that party of the right to retain an attorney. The court must also inform the party

about legal aid assistance when it is available.

(3) Right to Proper Venue. If the plaintiff has indicated on the summons that the

premises or any part of the premises is situated in a different county or district, the

court must inform the defendant, at the hearing scheduled pursuant to section (C)(1) of

this rule, of the right to motion the court to transfer the case to the county or district

where the premises or any part of the premises is situated and that such a motion will

be granted.

(a) The court may order change of venue on its own motion.

(b) A motion to change venue pursuant to this subrule and MCL 600.5706(4) may

be made in writing before the date listed on the summons, pursuant to section

(C)(1) of this rule, or orally in response to the court’s advisement in this subrule.

(4) Jury Demand.

If the defendant wants a jury trial, he or she must demand it

orally at the first appearance or in writing within five days of being advised of

the rights and information listed in subrule (K)(2)(a). The jury trial fee must be

paid when the demand is made or within 5 days of being advised of the rights

and information listed in subrule (K)(2)(a), unless payment of fees is waived

under MCR 2.002

(5) Default.

(a)

If the defendant fails to appear on the date and time noticed by the

summons, the court, on the plaintiff’s motion, may enter a default and may

hear the plaintiff’s proofs in support of judgment if

Chapter 4. District Court Page 490 Updated June 21, 2024

(i) personal service of process was made on the residential defendant

under MCR 2.105, or service of process was made on the residential

defendant under MCR 4.201(D) and the court mailed a second copy of

the initial summons and complaint in a court envelope and a record was

kept pursuant to subrule (D), or service of process was made on the

commercial defendant under MCR 4.201(D); or

(ii) the plaintiff pleads and proves, with notice, a complaint under MCL

600.5714(1)(b), (d), (e), or (f) sufficient to meet statutory and court rule

requirements; or

(iii) the defendant also fails to appear on the date and time in which the

trial was adjourned under subrule (K)(1); or

(iv) the defendant appears on the date and time noticed by the summons

but fails to appear on the date and time in which the trial was adjourned

under subrule (K)(1).

(b) If satisfied that the complaint has met pleading and proof requirements

and a default may enter under subrule (G)(5)(a), the court must enter a

default judgment under MCL 600.5741 and in accordance with subrule (L).

The default judgment must be mailed to the defendant by the court clerk and

must inform the defendant that, if applicable,

(i) he or she may be evicted from the premises;

(ii) he or she may be liable for a money judgment.

600.5747 may be entered.

(d)

If a default is not entered and the case is not otherwise resolved, the court

must adjourn the trial for at least 7 days but not more than 14 days, unless a

jury demand is made under subrule (G)(4) or good cause is shown under

subrule (K)(1)(c). If the trial is adjourned, the court must mail notice of the

new date to the party who failed to appear.

(H) Claims and Counterclaims.

(1) Joinder.

(a) A party may join:

(i) A money claim or counterclaim described by MCL 600.5739. A money

claim must be separately stated in the complaint. A money counterclaim must

be labeled and separately stated in a written answer.

(ii) A claim or counterclaim for equitable relief.

(b) Unless service of process under MCR 2.105 was made on the defendant, a

money claim must be

Chapter 4. District Court Page 491 Updated June 21, 2024

(i) dismissed without prejudice, or

(ii) adjourned until service of process is complete if the defendant does not

appear or file an answer to the complaint.

1,000,000 may provide, by local rule, that a money claim or counterclaim must be

tried separately from a claim for possession unless joinder is allowed by leave of

the court pursuant to subrule (H)(1)(e).

(d) If trial of a money claim or counterclaim

(i) might substantially delay trial of the possession claim, or

(ii) requires that the premises be returned before damages can be determined,

the court must adjourn the trial of the money claim or counterclaim to a date no

later than 28 days after the time expires for issuing an order of eviction. A

party may file and serve supplemental pleadings no later than 7 days before

trial, except by leave of the court.

(e) If adjudication of a money counterclaim will affect the amount the defendant

must pay to prevent issuance of an order of eviction, that counterclaim must be

tried at the same time as the claim for possession, subrules (H)(1)(c) and (d)

notwithstanding, unless it appears to the court that the counterclaim is without

merit.

(2) Removal.

(a) A summary proceedings action need not be removed from the court in which it

is filed because an equitable defense or counterclaim is interposed.

(b) If a money claim or counterclaim exceeding the court's jurisdiction is

introduced, the court, on motion of either party or on its own initiative, shall order,

in accordance with the procedures in MCR 4.002, removal of that portion of the

action to the circuit court, if the money claim or counterclaim is sufficiently shown

to exceed the court's jurisdictional limit.

(I) Interim Orders. On motion of either party, or by stipulation, for good cause, a court

may issue such interim orders as are necessary, including, but not limited to the following:

(1) Injunctions. The interim order may award injunctive relief

(a) to prevent the person in possession from damaging the property; or

(b) to prevent the person seeking possession from rendering the premises

untenantable or from suffering the premises to remain untenantable.

(2) Escrow Orders.

(a) If trial is adjourned more than 14 days and the plaintiff shows a clear need for

protection, the court may order the defendant to pay a reasonable rent for the

premises from the date the escrow order is entered, including a pro rata amount per

day between the date of the order and the next date rent ordinarily would be due. In

determining a reasonable rent, the court should consider evidence offered

Chapter 4. District Court Page 492 Updated June 21, 2024

concerning the condition of the premises or other relevant factors. The order must

provide that:

(i) payments be made to the court clerk within 7 days of the date of entry of the

order, and thereafter within 7 days of the date or dates each month when rent

would ordinarily be due, until the right to possession is determined;

(ii) the plaintiff must not interfere with the obligation of the defendant to

comply with the escrow order; and

(iii) if the defendant does not comply with the order, the defendant waives the

right to a jury trial only as to the possession issue, and the plaintiff is entitled to

an immediate trial within 14 days which may be by jury if a party requests it

and if, in the court's discretion, the court's schedule permits it. The 14-day limit

need not be rigidly adhered to if the plaintiff is responsible for a delay.

(b) Only the court may order the disbursement of money collected under an escrow

order. The court must consider the defendant's defenses. If trial was postponed to

permit the premises to be repaired, the court may condition disbursement by

requiring that the repairs be completed by a certain time. Otherwise, the court may

condition disbursement as justice requires.

(3) Stay of Proceedings.

(a) In cases filed pursuant to MCL 600.5714(1)(a) for nonpayment of rent due

under a residential lease or agreement, the court must stay further proceedings

after advising the defendant of the rights and information listed in subrule

(K)(2)(a) and adjourning the trial under subrule (K). The court must not proceed to

judgment if the defendant has applied for rental assistance from the Michigan

Department of Health and Human Services, local Coordinated Entry Agency,

Housing Assessment and Resource Agency or federal Help for Homeless Veterans

program and provides written proof to the court that the application has been

submitted for processing not later than five days after the defendant is verbally

informed as provided in subrule (K)(2)(a) or (b). The State Court Administrative

Office may provide a form to evidence this requirement.

(b) The initial stay is lifted after 14 days unless the defendant demonstrates to the

court that the application is still pending or has been approved and rental

assistance will be received. The total stay period under this subrule must not

exceed 28 days and is automatically lifted 28 days from the date that the initial stay

of the proceedings began.

(J) Consent Judgment When Party Is Not Represented. The following procedures apply to

consent judgments and orders entered when either party is not represented by an attorney.

(1) The judgment or order may not be enforced until 3 regular court business days

have elapsed after the judgment or order was entered. The judge shall review, in court,

a proposed consent judgment or order with the parties, and shall notify them of the

delay required by this subrule at the time the terms of the consent judgment or order

are placed on the record.

Chapter 4. District Court Page 493 Updated June 21, 2024

(2) A party who was not represented by an attorney at the time of the consent

proceedings may move to set aside the consent judgment or order within the 3-day

period. Such a motion stays the judgment or order until the court decides the motion or

dismisses it after notice to the moving party.

(3) The court shall set aside a consent judgment or order on a satisfactory showing that

the moving party misunderstood the basis for, or the rights which were being

relinquished in, the judgment or order.

(K) Trial.

(1) Time.

(a) If, after advising the defendant of the rights and information listed in subrule

(K)(2)(a) the court adjourns the trial, it must be scheduled at least 7 days but not

more than 14 days after the initial date and time set for trial noticed by the

summons, unless a jury demand is made under subrule (G)(4) or good cause is

shown under subrule (K)(1)(c).

(b) After advising the defendant of the rights and information listed in subrule

(K)(2)(a), the court must decide remaining pretrial motions and determine if there

is a triable issue. If there is no triable issue, the court must enter judgment.

shown, may adjourn trial up to 56 days. If the court adjourns trial for more than 14

days, an escrow order may be entered pursuant to subrule (I)(2). The parties may

adjourn trial by stipulation in writing or on the record, subject to the approval of

the court.

(2) Conducting the Trial.

(a) Unless otherwise provided in subrule (K)(2), at the initial date and time set for

trial noticed by the summons, the court must verbally inform the parties of the

following rights and information:

(i) The right to an attorney under subrule (G)(2).

(ii) The right to proper venue under subrule (G)(3).

(iii) The right to demand a jury trial under subrule (G)(4).

(iv) In cases filed pursuant to MCL 600.5714(1)(a) for nonpayment of rent due

under a residential lease or agreement, the Michigan Department of Health and

Human Services, local Coordinated Entry Agency, Housing Assessment and

Resource Agency, or federal Help for Homeless Veterans program may be

able to assist with payment of some or all of the rent due. Within five days of

receiving the advice of rights and information under this subrule, the defendant

must provide written proof to the court that an application for assistance has

been submitted for processing under subrule (I)(3).

(v) In cases filed pursuant to MCL 600.5714(1)(a) for nonpayment of rent due

under a residential lease or agreement, defendants do not need a judgment to

receive assistance from the Michigan Department of Health and Human

Chapter 4. District Court Page 494 Updated June 21, 2024

Services, local Coordinated Entry Agency, or Housing Assessment and

Resource Agency. The summons and complaint from the court case are

sufficient for help from the state.

(vi) The availability of the Michigan and local community dispute resolution

program office as a possible source of case resolution.

(vii) The possibility of a conditional dismissal pursuant to MCR 2.602 if

approved by all parties. The parties must be provided with a form to effectuate

such conditional dismissal or direct the parties to the location of the SCAO

approved form online.

If the defendant does not appear for trial on the date and time noticed by the

summons and a default was not entered, the court must verbally inform the parties

of the information in this subrule at the defendant’s first appearance and allow the

defendant time to make a jury demand under subrule (G)(4) and to retain an

attorney under subrule (G)(2).

(b) Courts may provide advice of rights consistent with SCAO guidance to an

individual or group of defendants via video, computer presentation, or other

technological means so long as the court ensures that each defendant is present

for the entire presentation. If a defendant was previously provided advice of

rights by the court, whether via a group presentation or individually, the court is

not required to again provide a full advice of rights but must, on the record,

ensure that the defendant received a full advice of rights, understood the advice

of rights, and ask if defendant has any questions about the advice of rights.

the defendant of the rights and information in subrule (K)(2)(a).

(d) Unless otherwise provided in this rule, at the date and time set for trial and after

verbally advising the parties of the rights and information under subrule (K)(2)(a),

the court shall adjourn the trial as provided in subrule (K)(1).

(e) Unless otherwise provided in this rule, immediately following the advice of

rights and information required by subrule (K)(2)(a), the court may resolve the

case without adjourning the trial, if any of the following occur:

(i) The plaintiff dismisses the complaint, with or without prejudice, and without

any conditions.

(ii) The residential defendant is personally served under MCR 2.105(A),

service of process was made on the residential defendant under subrule (D) and

the court mailed a second copy of the initial summons and complaint in a court

envelope and a record was kept pursuant to subrule (D) and fails to appear at

the date and time set for trial noticed by the summons under subrule (K)(2)(a),

or the commercial defendant is served under subrule (D) and fails to appear at

the date and time set for trial noticed by the summons under subrule (K)(2)(a).

(iii) Both plaintiff and defendant are represented by counsel, and a consent

judgment or conditional dismissal is filed with the court.

Chapter 4. District Court Page 495 Updated June 21, 2024

(iv) The parties enter into a consent judgment or conditional dismissal on the

record after knowingly and voluntarily waiving the rights identified in subrule

(K)(2)(a) and the adjournment required by subrule (K)(2)(d). The court must

review the defendant’s waiver of rights and the terms of the consent judgment

or conditional dismissal. After adequate inquiry, if the court determines that a

valid waiver exists and the terms are fair, it may enter the consent judgment or

conditional dismissal on the record. A defendant who has consulted with an

attorney either in person or remotely after receiving the summons and who is

waiving these rights is presumed to have knowingly and voluntarily waived

the rights identified in subrule (K)(2)(a).

(v) any of the circumstances listed in subrule (G)(5)(a)(ii), except for an action

in which MCL 600.5714(1)(b) applies, is pleaded and proved, with notice,

sufficient to meet the statutory requirements. Actions in which MCL

600.5714(1)(b) apply shall be heard pursuant to MCL 600.5735(7).

(3) Government Reports. If the defendant claims that the plaintiff failed to comply

with an ordinance or statute, the court may admit an authenticated copy of any relevant

government employee’s report filed with a government agency. Objections to the

report affect the weight given it, not its admissibility.

(4) Payment or Acceptance of Money. The payment or the acceptance of money by a

party before trial does not necessarily prevent or delay the proceedings.

(L) Judgment.

(1) Requirements. A judgment for the plaintiff must

(a) comply with MCL 600.5741;

(b) state when and under what conditions, if any, an order of eviction will issue;

(d) advise the defendant of the right to appeal or file a postjudgment motion within

10 days.

If the judgment is in favor of the defendant, it must comply with MCL 600.5747.

(2) Injunctions. The judgment may award injunctive relief

(a) to prevent the person in possession from damaging the property; or

(b) to prevent the person seeking possession from rendering the premises

untenantable, or from suffering the premises to remain untenantable.

(3) Partial Payment. The judgment may provide that acceptance of partial payment of

an amount due under the judgment will not prevent issuance of an order of eviction.

(4) Costs. Only those costs permitted by MCL 600.5759 may be awarded.

(5) Notice. The court must mail or deliver a copy of the judgment to the parties. The

time period for applying for the order of eviction does not begin to run until the

judgment is mailed or delivered.

Chapter 4. District Court Page 496 Updated June 21, 2024

(M) Order of Eviction.

(1) Request. When the time stated in the judgment expires, a party awarded possession

may apply for an order of eviction. The application must:

(a) be written;

(b) be verified by a person having knowledge of the facts stated;

under which it was accepted; and

(d) state whether the party awarded judgment has complied with its terms.

(2) Issuance of Order of Eviction and Delivery of Order. Subject to the provisions of

subrule (M)(4), the order of eviction shall be delivered to the person serving the order

for service within 7 days after the order is filed.

(3) Issuance Immediately on Judgment. The court may issue an order immediately on

entering judgment if

(a) the court is convinced the statutory requirements are satisfied, and

(b) the defendant was given notice, before the judgment of a request for immediate

issuance of the order.

The court may condition the order to protect the defendant's interest.

(4) Limitations on Time for Issuance and Execution. Unless a hearing is held after the

defendant has been given notice and an opportunity to appear, an order of eviction

may not

(a) be issued later than 56 days after judgment is entered,

(b) be executed later than 56 days after it is issued.

(5) Acceptance of Partial Payment. An order of eviction may not be issued if any part

of the amount due under the judgment has been paid, unless

(a) a hearing is held after the defendant has been given notice and an opportunity

to appear, or

(b) the judgment provides that acceptance of partial payment of the amount due

under the judgment will not prevent issuance of an order of eviction.

(N) Postjudgment Motions. Except as provided in MCR 2.612, any postjudgment motion

must be filed no later than 10 days after judgment enters.

(1)

Except as otherwise provided in this subrule, if the motion challenges a

judgment for possession, the court may not

grant a stay. The court shall grant a

stay if

(a) the motion is accompanied by an escrow deposit of 1 month's rent, or

(b) the court is satisfied that there are grounds for relief under MCR 2.612(C), and

issues an order that waives payment of the escrow; such an order may be ex parte.

Chapter 4. District Court Page 497 Updated June 21, 2024

If a stay is granted, a hearing shall be held within 14 days after it is issued.

(2) If the judgment does not include an award of possession, the filing of the motion

stays proceedings, but the plaintiff may move for an order requiring a bond to secure

the stay. If the initial escrow deposit is believed inadequate, the plaintiff may apply for

continuing adequate escrow payments in accord with subrule (I)(2). The filing of a

postjudgment motion together with a bond, bond order, or escrow deposit stays all

proceedings, including an order of eviction issued but not executed.

(3) If a motion is filed to set aside a default money judgment, except when grounded

on lack of jurisdiction over the defendant, the court may not grant the motion unless

(a) the motion is accompanied by an affidavit of facts showing a meritorious

defense, and

(b) good cause is shown.

(O) Appeals From Possessory Judgments.

(1) Rules Applicable. Except as provided by this rule, appeals must comply with MCR

7.101 through 7.115.

(2) Time. An appeal of right must be filed within 10 days after the entry of judgment.

(3) Stay of Order of Eviction.

(a) Unless a stay is ordered by the trial court, an order of eviction must issue as

provided in subrule (M).

(b) The filing of a claim of appeal together with a bond or escrow order of the

court stays all proceedings, including an order of eviction issued but not executed.

(4) Appeal Bond; Escrow.

(a) A plaintiff who appeals must file a bond providing that if the plaintiff loses he

or she will pay the appeal costs.

(b) A defendant who appeals must file a bond providing that if the defendant loses,

he or she will pay

(i) the appeal costs,

(ii) the amount due stated in the judgment, and

(iii) damages from the time of forcible entry, the detainer, the notice to quit, or

the demand for possession.

The court may waive the bond requirement of subrule (O)(4)(b)(i) on the

grounds stated in MCR 2.002(C) or (D).

under subrule (I)(2) and require the defendant to make payments while the appeal

is pending. This escrow order may not be retroactive as to arrearages preceding the

date of the posttrial escrow order unless there was a pretrial escrow order entered

under subrule (H)(2), in which case the total escrow amount may include the

Chapter 4. District Court Page 498 Updated June 21, 2024

amount accrued between the time of the original escrow order and the filing of the

appeal.

(d) If it is established that an appellant cannot obtain sureties or make a sufficient

cash deposit, the court must permit the appellant to comply with an escrow order.

(P) Objections to Fees Covered by Statute for Orders of Eviction. Objections shall be by

motion. The fee to be paid shall be reasonable in light of all the circumstances. In

determining the reasonableness of a fee, the court shall consider all issues bearing on

reasonableness, including but not limited to

(1) the time of travel to the premises,

(2) the time necessary to execute the order,

(3) the amount and weight of the personal property removed from the premises,

(4) who removed the personal property from the premises,

(5) the distance that the personal property was moved from the premises, and

(6) the actual expenses incurred in executing the order of eviction.

ULE 4.202 SUMMARY PROCEEDINGS; LAND CONTRACT FORFEITURE

(A) Applicable Rules. Except as provided by this rule and MCL 600.5701 et seq., a

summary proceeding to recover possession of premises after forfeiture of an executory

contract for the purchase of premises as described in MCL 600.5726 is governed by the

Michigan Court Rules.

(B) Jurisdiction.

(1) Status of Premises. The proceeding may be brought when the premises are vacant

or are in the possession of

(a) the vendee,

(b) a party to the contract,

(d) a third party.

(2) Powers of Court. The court may do all things necessary to hear and resolve the

proceeding, including but not limited to

(a) hearing and deciding all issues,

(b) ordering joinder of additional parties,

(d) making and enforcing writs and orders.

Chapter 4. District Court Page 499 Updated June 21, 2024

(1) the vendee named in the contract,

(2) any person known to the plaintiff to be claiming an interest in the premises under

the contract, and

(3) any person in possession of the premises, unless that party has been released from

liability.

(D) Complaint. The complaint must:

(1) comply with the general pleading requirements;

(2) allege

(a) the original selling price,

(b) the principal balance due, and

(3) state with particularity any other material breach claimed as a basis for forfeiture;

and

(4) have attached to it a copy of the notice of forfeiture, showing when and how it was

served on each named defendant.

(E) Summons. The summons must comply with MCR 2.102 and MCL 600.5735, and

command the defendant to appear and answer or take other action permitted by law within

the time permitted by statute after service of the summons on the defendant.

(F) Service of Process. The defendant must be served with a copy of the complaint and

summons under MCR 2.105.

(G) Recording. All executory contract summary proceedings conducted in open court

must be recorded by stenographic or mechanical means, and only a reporter or recorder

certified under MCR 8.108(G) may file a transcript of the record in a Michigan court.

(H) Answer; Default.

(1) Answer. The answer must comply with general pleading requirements and allege

those matters on which the defendant intends to rely to defeat the claim or any part of

it.

(2) Default.

(a) If the defendant fails to appear, the court, on the plaintiff's motion, may enter a

default and may hear the plaintiff's proofs in support of judgment. If satisfied that

the complaint is accurate, the court must enter a default judgment under MCL

600.5741, and in accord with subrule (J). The default judgment must be mailed to

the defendant by the court clerk and must inform the defendant that (if applicable)

(i) he or she may be evicted from the premises;

(ii) he or she may be liable for a money judgment.

Chapter 4. District Court Page 500 Updated June 21, 2024

(b) If the plaintiff fails to appear, a default and judgment as to costs under MCL

600.5747 may be entered.

the hearing is adjourned, the court must mail notice of the new date to the party

who failed to appear.

(3) Use of Videoconferencing Technology. For any hearing held under this

subchapter, in accordance with MCR 2.407, the court may allow the use of

videoconferencing technology by any participant as defined in MCR 2.407(A)(1).

(I) Joinder; Removal.

(1) A party may join a claim or counterclaim for equitable relief or a money claim or

counterclaim described by MCL 600.5739. A money claim must be separately stated

in the complaint. A money counterclaim must be labeled and separately stated in a

written answer. If such a joinder is made, the court may order separate summary

disposition of the claim for possession, as described by MCL 600.5739.

(2) A court with a territorial jurisdiction which has a population of more than

1,000,000 may provide, by local rule, that a money claim or counterclaim must be

tried separately from a claim for possession unless joinder is allowed by leave of the

court pursuant to subrule (I)(3).

(3) If adjudication of a money counterclaim will affect the amount the defendant must

pay to prevent the issuance of a writ of restitution, the counterclaim must be tried at

the same time as the claim for possession, subrules (I)(1) and (2) notwithstanding,

unless it appears to the court that the counterclaim is without merit.

(4) If a money claim or counterclaim exceeding the court's jurisdiction is introduced,

the court, on motion of either party or on its own initiative, shall order, in accordance

with the procedures in MCR 4.002, removal of that portion of the action, if the money

claim or counterclaim is sufficiently shown to exceed the court's jurisdictional limit.

(J) Judgment. The judgment

(1) must comply with MCL 600.5741;

(2) must state when, and under what conditions, if any, a writ of restitution will issue;

(3) must state that an appeal or postjudgment motion to challenge the judgment may

be filed within 10 days;

(4) may contain such other terms and conditions as the nature of the action and the

rights of the parties require; and

(5) must be mailed or delivered by the court to the parties. The time period for

applying for the writ of restitution does not begin to run until the judgment is mailed or

delivered.

(K) Order of Eviction.

Chapter 4. District Court Page 501 Updated June 21, 2024

(1) Request. When the time stated in the judgment expires, a party awarded possession

may apply for an order of eviction. The application must:

(a) be written;

(b) be verified by a person having knowledge of the facts stated;

which it was accepted; and

(d) state whether the party awarded judgment has complied with its terms.

(2) Hearing Required if Part of Judgment Has Been Paid. An order of eviction may not

be issued if any part of the amount due under the judgment has been paid unless a

hearing has been held after the defendant has been given notice and an opportunity to

appear.

(L) Appeal. Except as provided by this rule or by law, the rules applicable to other appeals

to circuit court (see MCR 7.101-7.115) apply to appeals from judgments in land contract

forfeiture cases. However, in such cases the time limit for filing a claim of appeal under

MCR 7.104(A) is 10 days.

SUBCHAPTER 4.300 SMALL CLAIMS ACTIONS

RULE 4.301 APPLICABILITY OF RULES

Actions in a small claims division are governed by the procedural provisions of Chapter

84 of the Revised Judicature Act, MCL 600.8401 et seq., and by this subchapter of the rules. After

judgment, other applicable Michigan Court Rules govern actions that were brought in a small

claims division.

ULE 4.302 STATEMENT OF CLAIM

(A) Contents. The statement of the claim must be in an affidavit in substantially the form

approved by the state court administrator. Affidavit forms shall be available at the clerk's

office. The nature and amount of the claim must be stated in concise, nontechnical

language, and the affidavit must state the date or dates when the claim arose. The form,

captioning, signing, and verifying of documents are prescribed in MCR 1.109(D) and (E).

(B) Affidavit; Signature.

(1) If the plaintiff is an individual, the affidavit must be signed by the plaintiff, or the

plaintiff's guardian, conservator, or next friend.

(2) If the plaintiff is a sole proprietorship, a partnership, or a corporation, the affidavit

must be signed by a person authorized to file the claim by MCL 600.8407(3).

Chapter 4. District Court Page 502 Updated June 21, 2024

(1) The affidavit must state the full and correct name of the plaintiff and whether the

plaintiff is a corporation or a partnership. If the plaintiff was acting under an assumed

name when the claim arose, the assumed name must be given.

(2) The defendant may be identified as permitted by MCL 600.8426, or as is proper in

other civil actions.

(D) Claims in Excess of Statutory Limitation. If the amount of the plaintiff's claim

exceeds the statutory limitation, the actual amount of the claim must be stated. The claim

must state that by commencing the action the plaintiff waives any claim to the excess over

the statutory limitation, and that the amount equal to the statutory limitation, exclusive of

costs, is claimed by the action. A judgment on the claim is a bar to a later action in any

court to recover the excess.

ULE 4.303 NOTICE

(A) Contents. The notice to the defendant must meet the requirements of MCL 600.8404.

The court clerk shall notify the plaintiff to appear at the time and place specified with the

books, papers, and witnesses necessary to prove the claim, and that if the plaintiff fails to

appear, the claim will be dismissed.

(B) Certified Mail. If the defendant is a corporation or a partnership, the certified mail

described in MCL 600.8405 need not be deliverable to the addressee only, but may be

deliverable to and signed for by an agent of the addressee.

7 days before the appearance date and the defendant does not appear, the clerk must, at the

plaintiff's request, issue further notice without additional cost to the plaintiff, setting the

hearing for a future date. The further notice may be served as provided in MCR 2.105.

(D) Dismissal for Lack of Progress.

(1) On motion of a party or on its own initiative, the court may order that a case in

which no progress has been made within 91 days after the last action be dismissed for

lack of progress.

(2) The court must serve notice of the proposed dismissal on the parties at least 14

days before the court orders the case dismissed.

(3) A dismissal under this subrule is without prejudice unless the court orders

otherwise.

ULE 4.304 CONDUCT OF TRIAL

(A) Appearance. If the parties appear, the court shall hear the claim as provided in MCL

600.8411. In accordance with MCR 2.407, the court may allow the use of

videoconferencing technology by any participant as defined in MCR 2.407(A)(1). The

trial may be adjourned to a later date for good cause.

Chapter 4. District Court Page 503 Updated June 21, 2024

(B) Nonappearance.

(1) If a defendant fails to appear, judgment may be entered by default if the claim is

liquidated, or on the ex parte proofs the court requires if the claim is unliquidated.

(2) If the plaintiff fails to appear, the claim may be dismissed for want of prosecution,

the defendant may proceed to trial on the merits, or the action may be adjourned, as the

court directs.

(3) If all parties fail to appear, the claim may be dismissed for want of prosecution or

the court may order another disposition, as justice requires.

ULE 4.305 JUDGMENTS

(A) Entry of Judgments. A judgment must be entered at the time of the entry of the court's

findings, and must contain the payment and stay provisions required by MCL

600.8410(2).

(B) Modification; Vacation. A judgment of the small claims division may be modified or

vacated in the same manner as judgments in other civil actions, except that an appeal may

not be taken.

the expiration of 21 days after it was entered. If a judgment had been ordered to be paid by

installments, an affidavit for a writ of garnishment must so state and must state that the

order has been set aside or vacated.

ULE 4.306 REMOVAL TO TRIAL COURT

(A) Demand. A party may demand that the action be removed from the small claims

division to the trial court for further proceedings by

(1) signing a written demand for removal and filing it with the clerk at or before the

time set for hearing; or

(2) appearing before the court at the time and place set for hearing and demanding

removal.

(B) Order; Fee. On receiving a demand for removal, the court shall, by a written order

filed in the action, direct removal to the trial court for further proceedings.

(1) The order must direct a defendant to file a written answer and serve it as provided

in MCR 2.107 within 14 days after the date of the order.

(2) The party demanding removal must promptly serve the order on the opposing party

and file proof of service with the court.

(3) There is no fee for the removal, order, or mailing.

Chapter 4. District Court Page 504 Updated June 21, 2024

sufficient statement of the plaintiff's claim unless a defendant, within the time permitted

for answer, files a motion for a more definite statement.

(1) The motion must state the information sought and must be supported by an

affidavit that the defendant

(a) does not have the information and cannot secure it with the exercise of

reasonable diligence, and

(b) is unable to answer the plaintiff's claim without it.

(2) The court may decide the motion without a hearing on just and reasonable terms or

may direct that a hearing be held after notice to both parties at a time set by the court.

(3) If the plaintiff fails to file a more definite statement after having been ordered to do

so, the clerk shall dismiss the claim for want of prosecution.

(D) Default. On removal, if the defendant fails to file an answer or motion within the time

permitted, the clerk shall enter the default of the defendant. MCR 2.603 governs further

proceedings.

(E) Procedure After Removal. Except as provided in this rule, further proceedings in

actions removed to the trial court are governed by the rules applicable to other civil

actions.

SUBCHAPTER 4.400 MAGISTRATES

RULE 4.401 DISTRICT COURT MAGISTRATES

(A) Procedure. Proceedings involving district court magistrates must be in accordance

with relevant statutes and rules.

(B) Duties. Notwithstanding statutory provisions to the contrary, district court magistrates

exercise only those duties expressly authorized by the chief judge of the district or

division.

superseded, without formal appeal, by order of a district judge in the district in which the

magistrate serves.

(D) Appeals. Appeals of right may be taken from a decision of the district court magistrate

to the district court in the district in which the magistrate serves by filing a written claim

of appeal in substantially the form provided by MCR 7.104 within 7 days of the entry of

the decision of the magistrate. No fee is required on the filing of the appeal, except as

otherwise provided by statute or court rule. The action is heard de novo by the district

court.

Chapter 4. District Court Page 505 Updated June 21, 2024

(E) A district court magistrate may use videoconferencing technology in accordance with

MCR 2.407 and MCR 6.006.

Chapter 5. Probate Court Page 506 Updated June 21, 2024

MICHIGAN COURT RULES OF 1985

Chapter 5. Probate Court

Updated June 21, 2024

SUBCHAPTER 5.000 GENERAL PROVISIONS

RULE 5.001 APPLICABILITY

(A) Applicability of Rules. Procedure in probate court is governed by the general rules set

forth in chapter one and by the rules applicable to other civil proceedings set forth in

chapter two, except as modified by the rules in this chapter.

(B) Terminology.

(1) References to the “clerk” in the Michigan Court Rules also apply to the register in

probate court proceedings.

(2) References to “pleadings” in the Michigan Court Rules also apply to petitions,

objections, and claims in probate court proceedings.

SUBCHAPTER 5.100 GENERAL RULES OF PLEADING AND PRACTICE

RULE 5.101 FORM AND COMMENCEMENT OF ACTION; CONFIDENTIAL RECORDS

(A) Form of Action. There are two forms of action, a “proceeding” and a “civil action.”

(B) Commencement of Proceeding. A proceeding is commenced by filing an application

or a petition with the court.

civil actions and commenced by filing a complaint and are governed by the rules

applicable to civil actions in circuit court:

(1) Any action against another filed by a fiduciary or trustee.

(2) Any action filed by a claimant after notice that the claim has been disallowed.

(D) Records are public except as otherwise indicated in court rule and statute

ULE 5.102 NOTICE OF HEARING

A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed,

a notice of hearing for all matters requiring notification of interested persons. It must state the

time and date, the place, and the nature of the hearing. Hearings must be noticed for and held at

times previously approved by the court.

Chapter 5. Probate Court Page 507 Updated June 21, 2024

RULE 5.103 WHO MAY SERVE

(A) Qualifications. Service may be made by any adult or emancipated minor, including an

interested person.

(B) Service in a Governmental Institution. Personal service on a person in a governmental

institution, hospital, or home must be made by the person in charge of the institution or a

person designated by that person.

ULE 5.104 PROOF OF SERVICE; WAIVER AND CONSENT; UNOPPOSED PETITION

(A) Proof of Service.

(1) Whenever service is required by statute or court rule, a proof of service must be

filed promptly and before a hearing to which the document relates. If the document

does not involve a hearing, a proof of service must be filed with the document. The

proof of service must include a description of the documents served, the date of

service, the manner and method of service, and the person or persons served.

(2) Except as otherwise provided by rule, proof of service of a paper required or

permitted to be served may be by

(a) including it at the end of the notice of hearing or other documents being filed

with the court, or;

(b) a written statement by the individual who served the notice of hearing or other

documents, verified under MCR 1.109(D)(3).

(3) Subrule (A)(1) notwithstanding, in decedent estates, no proof of service need be

filed in connection with informal proceedings or unsupervised administration unless

required by court rule.

(4) In unsupervised administration of a trust, subrule (A)(1) notwithstanding, no proof

of service need be filed unless required by court rule.

(B) Waiver and Consent.

(1) Waiver. The right to notice of hearing may be waived. The waiver must

(a) be stated on the record at the hearing, or

(b) be in a writing, which is dated and signed by the interested person or someone

authorized to consent on the interested person's behalf and specifies the hearing to

which it applies.

(2) Consent. The relief requested in an application, petition, or motion may be granted

by consent. An interested person who consents to an application, petition, or motion

does not have to be served with or waive notice of hearing on the application, petition,

or motion. The consent must

(a) be stated on the record at the hearing, or

Chapter 5. Probate Court Page 508 Updated June 21, 2024

(b) be in a writing which is dated and signed by the interested person or someone

authorized to consent on the interested person's behalf and must contain a

statement that the person signing has received a copy of the application, petition,

or motion.

(3) Who May Waive and Consent. A waiver and a consent may be made

(a) by a legally competent interested person;

(b) by a person designated in these rules as eligible to be served on behalf of an

interested person who is a legally disabled person; or

attorney who has previously filed a written appearance.

However, a guardian, conservator, or trustee cannot waive or consent with regard

to petitions, motions, accounts, or reports made by that person as guardian,

conservator, or trustee.

(4) Order. If all interested persons have consented, the order may be entered

immediately.

may either grant the petition on the basis of the recitations in the petition or conduct a

hearing. However, an order determining heirs based on an uncontested petition to

determine heirs may only be entered on the basis of testimony or a completed SCAO-

approved testimony identifying heirs form verified under MCR 1.109(D)(3). An order

granting a petition to appoint a guardian may only be entered on the basis of testimony at a

hearing.

ULE 5.105 MANNER AND METHOD OF SERVICE

(A) Manner of Service.

(1) Service on an interested person may be by personal service within or without the

State of Michigan.

(2) Unless another method of service is required by statute, court rule, or special order

of a probate court, service may be made:

(a) to the current address of an interested person by registered, certified, or

ordinary first-class mail, or

(b) by electronic service in accordance with MCR 1.109(G)(6)(a).

Foreign consul and the Attorney General may be served by mail or by electronic

service in accordance with MCR 1.109(G)(6)(a).

(3) An interested person whose address or whereabouts is not known may be served by

publication if a declaration of intent to give notice by publication, verified under MCR

1.109(D)(3), is filed with the court. The declaration must set forth facts asserting that

the address or whereabouts of the interested person could not be ascertained on

diligent inquiry. Except in proceedings seeking a determination of a presumption of

Chapter 5. Probate Court Page 509 Updated June 21, 2024

death based on absence pursuant to MCL 700.1208(2), after an interested person has

once been served by publication, notice is only required on an interested person whose

address is known or becomes known during the proceedings.

(4) The court, for good cause on ex parte petition, may direct the manner of service if

(a) no statute or court rule provides for the manner of service on an interested

person, or

(b) service cannot otherwise reasonably be made.

(B) Method of Service.

(1) Personal Service.

(a) On an Attorney. Personal service of a document on an attorney must be made

(i) handing it to the attorney personally;

(ii) leaving it at the attorney's office with a clerk or with some person in charge

or, if no one is in charge or present, by leaving it in some conspicuous place

there, or by electronically delivering a facsimile to the attorney's office;

(iii) if the office is closed or the attorney has no office, by leaving it at the

attorney's usual residence with some person of suitable age and discretion

residing there; or

(iv) sending the document by registered mail or certified mail, return receipt

requested, and delivery restricted to the addressee; but service is not made for

purpose of this subrule until the attorney receives the document.

(b) On Other Individuals. Personal service of a document on an individual other

than an attorney must be made by

(i) handing it to the individual personally;

(ii) leaving it at the person's usual residence with some person of suitable age

and discretion residing there; or

(iii) sending the document by registered mail or certified mail, return receipt

requested, and delivery restricted to the addressee; but service is not made for

purpose of this subrule until the individual receives the document.

an individual must be made in the manner provided in MCR 2.105(C)-(G).

(2) Mailing. Mailing of a copy under this rule means enclosing it in a sealed envelope

with first-class postage fully prepaid, addressed to the person to be served, and

depositing the envelope and its contents in the United States mail. Service by mail is

complete at the time of mailing.

(3) Publication. Service by publication must be made in the manner provided in MCR

5.106.

Chapter 5. Probate Court Page 510 Updated June 21, 2024

(4) E-mail. Unless otherwise limited or provided by this court rule or MCR

1.109(G)(6)(a)(ii), parties to a civil action or interested persons to a proceeding may

agree to service by e-mail in the manner provided in and governed by MCR

2.107(C)(4).

(5) Electronic Service. Electronic service of a document shall be made in accordance

with MCR 1.109(G)(6)(a) when required.

petitioner, although otherwise an interested person, is presumed to have waived notice and

consented to the petition, unless the petition expressly indicates that the petitioner does not

waive notice and does not consent to the granting of the requested prayers without a

hearing. Although a petitioner or a fiduciary may in fact be an interested person, the

petitioner need not indicate, either by written waiver or proof of service, that the petitioner

has received a copy of any document required by these rules to be served on interested

persons.

(D) Service on Persons Under Legal Disability or Otherwise Legally Represented. In a

guardianship or conservatorship proceeding, a petition or notice of hearing asking for an

order that affects the ward or protected individual must be served on that ward or

protected individual if he or she is 14 years of age or older. In all other circumstances,

service on an interested person under legal disability or otherwise legally represented must

be made on the following:

(1) The guardian of an adult, conservator, or guardian ad litem of a minor or other

legally incapacitated individual, except with respect to:

(a) a petition for commitment or

(b) a petition, account, inventory, or report made as the guardian, conservator, or

guardian ad litem.

(2) The trustee of a trust with respect to a beneficiary of the trust, except that the

trustee may not be served on behalf of the beneficiary on petitions, accounts, or reports

made by the trustee as trustee or as personal representative of the settlor’s estate.

(3) The guardian ad litem of any person, including an unascertained or unborn person,

except as otherwise provided in subrule (D)(1).

(4) A parent of a minor with whom the minor resides, provided the interest of the

parent in the outcome of the hearing is not in conflict with the interest of the minor and

provided the parent has filed an appearance on behalf of the minor.

(5) The attorney for an interested person who has filed a written appearance in the

proceeding. If the appearance is in the name of the office of the United States attorney,

the counsel for the Veterans' Administration, the Attorney General, the prosecuting

attorney, or the county or municipal corporation counsel, by a specifically designated

attorney, service must be directed to the attention of the designated attorney at the

address stated in the written appearance.

Chapter 5. Probate Court Page 511 Updated June 21, 2024

(6) The agent of an interested person under an unrevoked power of attorney filed with

the court. A power of attorney is deemed unrevoked until written revocation is filed or

it is revoked by operation of law.

For purposes of service, an emancipated minor without a guardian or conservator is

not deemed to be under legal disability.

(E) Service on Beneficiaries of Future Interests. A notice that must be served on unborn or

unascertained interested persons not represented by a fiduciary or guardian ad litem is

considered served on the unborn or unascertained interested persons if it is served as

provided in this subrule.

(1) If an interest is limited to persons in being and the same interest is further limited

to the happening of a future event to unascertained or unborn persons, notice and

documents must be served on the persons to whom the interest is first limited.

(2) If an interest is limited to persons whose existence as a class is conditioned on

some future event, notice and documents must be served on the persons in being who

would comprise the class if the required event had taken place immediately before the

time when the documents are served.

(3) If a case is not covered by subrule (E)(1) or (2), notice and documents must be

served on all known persons whose interests are substantially identical to those of the

unascertained or unborn interested persons.

ULE 5.106 PUBLICATION OF NOTICE OF HEARING

(A) Requirements. A notice of hearing or other notice required to be made by publication

must be published in a newspaper as defined by MCR 2.106(F) one time at least 14 days

before the date of the hearing, except that publication of a notice seeking a determination

of a presumption of death based on absence pursuant to MCL 700.1208(2) must be made

once a month for 4 consecutive months before the hearing.

(B) Contents of Published Notice. If notice is given to a person by publication because the

person's address or whereabouts is not known and cannot be ascertained after diligent

inquiry, the published notice must include the name of the person to whom the notice is

given and a statement that the result of the hearing may be to bar or affect the person's

interest in the matter.

with the court a copy of the publication notice and the publisher's affidavit stating

(1) the facts that establish the qualifications of the newspaper, and

(2) the date or dates the notice was published.

(D) Service of Notice. A copy of the notice:

(1) must be mailed to an interested person at his or her last known address if the

person's present address is not known and cannot be ascertained by diligent inquiry;

Chapter 5. Probate Court Page 512 Updated June 21, 2024

(2) need not be mailed to an interested person if an address cannot be ascertained by

diligent inquiry.

(E) Location of Publication. Publication must be in the county where the court is located

unless a different county is specified by statute, court rule, or order of the court.

ULE 5.107 OTHER DOCUMENTS REQUIRED TO BE SERVED

(A) Other Documents to be Served. The person filing a petition, an application, a

completed SCAO-approved testimony identifying heirs form, a completed SCAO-

approved supplemental testimony identifying heirs form, a motion or objection, a

response or objection, an instrument offered or admitted to probate, an accounting, or a

sworn closing statement with the court must serve a copy of that document on interested

persons. The person who obtains an order from the court must serve a copy of the order on

interested persons.

(B) Exceptions.

(1) Service of the papers listed in subrule (A) is not required to be made on an

interested person whose address or whereabouts, on diligent inquiry, is unknown, or

on an unascertained or unborn person. The court may excuse service on an interested

person for good cause.

(2) Service is not required for a small estate filed under MCL 700.3982.

ULE 5.108 TIME OF SERVICE

(A) Personal. Personal service of a petition or motion must be made at least 7 days before

the date set for hearing, or an adjourned date, unless a different period is provided or

permitted by court rule. This subrule applies regardless of conflicting statutory provisions.

(B) Mail.

(1) Petition or Motion. Service by mail of a petition or motion must be made at least 14

days before the date set for hearing, or an adjourned date.

(2)Application by a Guardian or Conservator Appointed in Another State.

(a)A court may appoint a temporary guardian or conservator without a hearing

pursuant to MCL 700.5202a, MCL 700.5301a, or MCL 700.5433.

(b)If a court appoints a temporary guardian or conservator pursuant to MCL

700.5202a, MCL 700.5301a or MCL 700.5433, the temporary guardian or

conservator must, not later than 14 days after the appointment, serve notice of the

appointment by mail to all interested persons.

at least 7 days before the date set for hearing or an adjourned date.

Chapter 5. Probate Court Page 513 Updated June 21, 2024

(D) Exception: Foreign Consul. This rule does not affect the manner and time for service

on foreign consul provided by law.

(E) Computation of Time. MCR 1.108 governs computation of time in probate

proceedings.

(F) Responses. A written response or objection may be served at any time before the

hearing or at a time set by the court.

ULE 5.109 NOTICE OF GUARDIANSHIP PROCEEDINGS CONCERNING INDIAN CHILD

If an Indian child is the subject of a guardianship proceeding and an Indian tribe does not

have exclusive jurisdiction as defined in MCR 3.002(2):

(1)in addition to any other service requirements, the petitioner shall notify the parent or

Indian custodian and the Indian child’s tribe, by personal service or by registered mail

with return receipt requested and delivery restricted to the addressee, of the pending

proceedings on a petition to establish guardianship over the Indian child and of their right

of intervention on a form approved by the State Court Administrative Office. If the

identity or location of the parent or Indian custodian, or of the Indian child’s tribe, cannot

be determined, notice shall be given to the Secretary of the Interior by registered mail with

return receipt requested. If a petition is filed with the court that subsequently identifies the

minor as an Indian child after a guardianship has been established, notice of that petition

must be served in accordance with this subrule.

(2)the court shall notify the parent or Indian custodian and the Indian child’s tribe of all

other hearings pertaining to the guardianship proceeding as provided in MCR 5.105. If the

identity or location of the parent or Indian custodian, or of the Indian child’s tribe, cannot

be determined, notice of the hearings shall be given to the Secretary of the Interior. Such

notice may be made by first-class mail.

ULE 5.112 PRIOR PROCEEDINGS AFFECTING THE PERSON OF A MINOR

Proceedings affecting the person of a minor subject to the prior continuing jurisdiction of

another court of record are governed by MCR 3.205, including the requirement that petitions in

such proceedings must contain allegations with respect to the prior proceedings.

ULE 5.113 FORM, CAPTIONING, SIGNING, AND VERIFYING OF DOCUMENTS

(A) Form of Documents Generally. The form, captioning, signing, and verifying of

documents are prescribed in MCR 1.109(D) and (E). If the State Court Administrative

Office has approved a form for the particular purpose, it must be used when preparing that

particular document for filing with the court. An application, petition, inventory,

accounting, proof of claim, or proof of service must be verified in accordance with MCR

1.109(D)(3).

Chapter 5. Probate Court Page 514 Updated June 21, 2024

(B) Contents of Petitions.

(1) A petition must include allegations and representations sufficient to justify the

relief sought and must:

(a) identify the petitioner, and the petitioner's interest in proceedings, and

qualification to petition;

(b) include allegations as to residence, domicile, or property situs essential to

establishing court jurisdiction;

admitted, construed, or interpreted;

(d) include any additional allegations required by law or court rule;

(e) except when ex parte relief is sought, include a current list of interested

persons, indicate the existence and form of incapacity of any of them, the mailing

addresses of the persons or their representatives, the nature of representation and

the need, if any, for special representation.

(2) The petition may incorporate by reference documents and lists of interested

persons previously filed with the court if changes in the papers or lists are set forth in

the incorporating petition.

required by law to be filed in or delivered to the court by registered mail may be filed in

accordance with MCR 1.109(G)(6)(a). Deliveries of wills or codicils must be delivered in

accordance with MCL 700.2515 and 700.2516.

(D) Filing Additional Documents. The court in its discretion may receive for filing a

document not required to be filed.

ULE 5.117 APPEARANCE BY ATTORNEYS

(A) Representation of Fiduciary. An attorney filing an appearance on behalf of a fiduciary

shall represent the fiduciary.

(B) Appearance.

(1) In General. An attorney may generally appear by an act indicating that the attorney

represents an interested person in the proceeding. A limited appearance may be made

by an attorney for an interested person in a civil action or proceeding as provided in

MCR 2.117(B)(2)(c), except that any reference to parties of record in MCR

2.117(B)(2)(c) shall instead refer to interested persons. An appearance by an attorney

for an interested person is deemed an appearance by the interested person. Unless a

particular rule indicates otherwise, any act required to be performed by an interested

person may be performed by the attorney representing the interested person.

(2) Notice of Appearance. If an appearance is made in a manner not involving the

filing of a document served with the court or if the appearance is made by filing a

Chapter 5. Probate Court Page 515 Updated June 21, 2024

document which is not served on the interested persons, the attorney must promptly

file a written appearance and serve it on the interested persons whose addresses are

known or who are authorized users of the electronic filing system under MCR

1.109(G)(6)(a) and on the fiduciary.

(3) Appearance by Law Firm.

(a) A pleading, appearance, motion, or other document filed by a law firm on

behalf of a client is deemed the appearance of the individual attorney first filing a

document in the action. All notices required by these rules may be served on that

individual. That attorney's appearance continues until an order of substitution or

withdrawal is entered. This subrule is not intended to prohibit other attorneys in

the law firm from appearing in the action on behalf of the client.

(b) The appearance of an attorney is deemed to be the appearance of every member

of the law firm. Any attorney in the firm may be required by the court to conduct a

court-ordered conference or trial if it is within the scope of the appearance.

(1) In General. Unless otherwise stated in the appearance or ordered by the court, an

attorney's appearance applies only in the court in which it is made or to which the

action is transferred and only for the proceeding in which it is filed.

(2) Appearance on Behalf of Fiduciary. An appearance on behalf of a fiduciary applies

until the proceedings are completed, the client is discharged, or an order terminating

the appearance is entered.

(3) Termination of Appearance on Behalf of a Personal Representative. In

unsupervised administration, the probate register may enter an order terminating an

appearance on behalf of a personal representative if the personal representative

consents in writing to the termination.

(4) Other Appearance. An appearance on behalf of a client other than a fiduciary

applies until a final order is entered disposing of all claims by or against the client, or

an order terminating the appearance is entered.

(5) Limited Scope Appearances. Notwithstanding other provisions in this section,

limited appearances under MCR 2.117(B)(2)(c) may be terminated in accordance with

MCR 2.117(C)(3), except that any reference to parties of record in MCR

2.117(B)(2)(c) shall instead refer to interested persons.

(6) Substitution of Attorneys. In the case of a substitution of attorneys, the court in a

supervised administration or the probate register in an unsupervised administration

may enter an order permitting the substitution without prior notice to the interested

persons or fiduciary. If the order is entered, the substituted attorney must give notice

of the substitution to all interested persons and the fiduciary.

(D) Right to Determination of Compensation. An attorney whose services are terminated

retains the right to have compensation determined before the proceeding is closed.

Chapter 5. Probate Court Page 516 Updated June 21, 2024

RULE 5.118 AMENDING OR SUPPLEMENTING PAPERS

(A) Documents Subject to Hearing. A person who has filed a document that is subject to a

hearing may amend or supplement the document

(1) before a hearing if notice is given pursuant to these rules, or

(2) at the hearing without new notice of hearing if the court determines that material

prejudice would not result to the substantial rights of the person to whom the notice

should have been directed.

(B) Documents Not Subject to Hearing. A person who has filed a document that is not

subject to a hearing may amend or supplement the document if service is made pursuant to

these rules.

ULE 5.119 ADDITIONAL PETITIONS; OBJECTIONS; HEARING PRACTICES

(A) Right to Hearing, New Matter. An interested person may, within the period allowed

by law or these rules, file a petition and obtain a hearing with respect to the petition. The

petitioner must serve copies of the petition and notice of hearing on the fiduciary and other

interested persons whose addresses are known or who are authorized users of the

electronic filing system under MCR 1.109(G)(6)(a).

(B) Objection to Pending Matter. An interested person may object to a pending petition

orally at the hearing or by filing and serving a document which conforms with MCR

1.109(D). The court may adjourn a hearing based on an oral objection and require that a

proper written objection be filed and served.

absence of a special order, stands adjourned from day to day or until a day certain.

(D) Briefs; Argument. The court may require that briefs of law and fact and proposed

orders be filed as a condition precedent to oral argument. The court may limit oral

argument.

ULE 5.120 ACTION BY FIDUCIARY IN CONTESTED MATTER; NOTICE TO INTERESTED PERSONS;

AILURE TO INTERVENE

The fiduciary represents the interested persons in a contested matter. The fiduciary must

give notice to all interested persons whose addresses are known or who are authorized users of the

electronic filing system under MCR 1.109(G)(6)(a) that a contested matter has been commenced

and must keep such interested persons reasonably informed of the fiduciary's actions concerning

the matter. The fiduciary must inform the interested persons that they may file a petition to

intervene in the matter and that failure to intervene shall result in their being bound by the actions

of the fiduciary. The interested person shall be bound by the actions of the fiduciary after such

notice and until the interested person notifies the fiduciary that the interested person has filed with

the court a petition to intervene.

Chapter 5. Probate Court Page 517 Updated June 21, 2024

RULE 5.121 GUARDIAN AD LITEM; VISITOR

(A) Appointment.

(1) Guardian Ad Litem. The court shall appoint a guardian ad litem when required by

law. If it deems necessary, the court may appoint a guardian ad litem to appear for and

represent the interests of any person in any proceeding. The court shall state the

purpose of the appointment in the order of appointment. The order may be entered

with or without notice.

(2) Visitor. The court may appoint a visitor when authorized by law.

(B) Revocation. If it deems necessary, the court may revoke the appointment and appoint

another guardian ad litem or visitor.

an investigation and shall make a report in open court or file a written report of the

investigation and recommendations. The guardian ad litem or visitor need not appear

personally at the hearing unless required by law or directed by the court. Any written

report must be filed with the court at least 24 hours before the hearing or such other time

specified by the court.

(D) Evidence.

(1) Reports, Admission Into Evidence. Oral and written reports of a guardian ad litem

or visitor may be received by the court and may be relied on to the extent of their

probative value, even though such evidence may not be admissible under the Michigan

Rules of Evidence.

(2) Reports, Review and Cross-Examination.

(a) Any interested person shall be afforded an opportunity to examine and

controvert reports received into evidence.

(b) The person who is the subject of a report received under subrule (D)(1) shall be

permitted to cross-examine the individual making the report if the person requests

such an opportunity.

the contents of the report, if the individual is reasonably available. The court may

limit cross-examination for good cause.

(E) Attorney-Client Privilege.

(1) During Appointment of Guardian Ad Litem. When the guardian ad litem

appointed to represent the interest of a person is an attorney, that appointment does

not create an attorney-client relationship. Communications between that person

and the guardian ad litem are not subject to the attorney-client privilege. The

guardian ad litem must inform the person whose interests are represented of this

lack of privilege as soon as practicable after appointment. The guardian ad litem

Chapter 5. Probate Court Page 518 Updated June 21, 2024

may report or testify about any communication with the person whose interests are

represented.

(2) Later Appointment as Attorney. If the appointment of the guardian ad litem is

terminated and the same individual is appointed attorney, the appointment as

attorney creates an attorney-client relationship. The attorney-client privilege

relates back to the date of the appointment of the guardian ad litem.

ULE 5.125 INTERESTED PERSONS DEFINED

(A) Special Persons. In addition to persons named in subrule (C) with respect to specific

proceedings, the following persons must be served:

(1) The Attorney General must be served if required by law or court rule. The Attorney

General must be served in the specific proceedings enumerated in subrule (C) when

the decedent is not survived by any known heirs, or the protected person has no known

presumptive heirs.

(2) A foreign consul must be served if required by MCL 700.1401(4) or court rule. An

attorney who has filed an appearance for a foreign consul must be served when

required by subrule (A)(5).

(3) On a petition for the appointment of a guardian or conservator of a person on

whose account benefits are payable by the Veterans' Administration, the Administrator

of Veterans' Affairs must be served through the administrator's Michigan district

counsel.

(4) A guardian, conservator, or guardian ad litem of a person must be served with

notice of proceedings as to which the represented person is an interested person,

except as provided by MCR 5.105(D)(1).

(5) An attorney who has filed an appearance must be served notice of proceedings

concerning which the attorney's client is an interested person.

(6) A special fiduciary appointed under MCL 700.1309.

(7) A person who filed a demand for notice under MCL 700.3205 or a request for

notice under MCL 700.5104 if the demand or request has not been withdrawn,

expired, or terminated by court order.

(8)In a guardianship proceeding for a minor, if the minor is an Indian child as defined

by the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., the minor’s

tribe and the Indian custodian, if any, and, if the Indian child’s parent or Indian

custodian or tribe is unknown, the Secretary of the Interior.

(B) Special Conditions for Interested Persons.

(1) Claimant. Only a claimant who has properly presented a claim and whose claim

has not been disallowed and remains unpaid need be notified of specific proceedings

under subrule (C).

Chapter 5. Probate Court Page 519 Updated June 21, 2024

(2) Devisee. Only a devisee whose devise remains unsatisfied, or a trust beneficiary

whose beneficial interest remains unsatisfied, need be notified of specific proceedings

under subrule (C).

(3) Trust as Devisee. If either a trust or a trustee is a devisee, the trustee is the

interested person. If no trustee has qualified, the interested persons are the qualified

trust beneficiaries described in MCL 700.7103(g)(i)(A) and the nominated trustee, if

any.

(4) Father of a Child Born out of Wedlock. Except as otherwise provided by law, the

natural father of a child born out of wedlock need not be served notice of proceedings

in which the child's parents are interested persons unless his paternity has been

determined in a manner provided by law.

(5) Decedent as Interested Person. If a decedent is an interested person, the personal

representative of the decedent’s estate is the interested person. If there is no personal

representative, the interested persons are the known heirs of the estate of the decedent,

and the known devisees. If there are no known heirs, the Attorney General must

receive notice.

following provisions apply. When a single petition requests multiple forms of relief, the

petitioner must give notice to all persons interested in each type of relief:

(1) The persons interested in an application or a petition to probate a will are the

(a) devisees,

(b) nominated trustee and qualified trust beneficiaries described in MCL

700.7103(g)(i)(A) of a trust created under the will,

(d) nominated personal representative, and

(e) trustee of a revocable trust described in MCL 700.7605(1).

(2) The persons interested in an application or a petition to appoint a personal

representative, other than a special personal representative, of an intestate estate are

the

(a) heirs,

(b) nominated personal representative, and

(3) The persons interested in a petition to determine the heirs of a decedent are the

presumptive heirs.

(4) The persons interested in a petition of surety for discharge from further liability are

the

(a) principal on the bond,

(b) co-surety,

Chapter 5. Probate Court Page 520 Updated June 21, 2024

(d) heirs of an intestate estate,

(e) qualified trust beneficiaries, as referred to in MCL 700.7103(g)(i)(A),

(f) protected person and presumptive heirs of the protected person in a

conservatorship, and

(g) claimants.

(5) The persons interested in a proceeding for spouse’s allowance are the

(a) devisees of a testate estate,

(b) heirs of an intestate estate,

(d) spouse, and

(e) the personal representative, if the spouse is not the personal representative.

(6) The persons interested in a proceeding for examination or approval of an account

of a fiduciary are:

(a)for a testate estate, the devisees under the will (and if one of the devisees is a

trustee or a trust, the persons referred to in MCR 5.125[B][3]),

(b)for an intestate estate, the heirs,

(c)for a conservatorship, the protected individual (if he or she is 14 years of age or

older), the presumptive heirs of the protected individual, and the guardian ad litem,

if any,

(d)for a final conservatorship or guardianship account following the death of the

protected person, the personal representative, if one has been appointed,

(e)for a guardianship, the ward (if he or she is 14 years of age or older), the

presumptive heirs of the ward, and the guardian ad litem, if any,

(f)for a revocable trust, the settlor (and if the petitioner has a reasonable basis to

believe the settlor is an incapacitated individual, those persons who are entitled to

be reasonably informed, as referred to in MCL 700.7603[2]), the current trustee,

and any other person named in the terms of the trust to receive either an account or

a notice of such a proceeding, including a trust director,

(g)for an irrevocable trust, the current trustee, the qualified trust beneficiaries, as

defined in MCL 700.7103(g), and any other person named in the terms of the trust

to receive either an account or a notice of such a proceeding, including a trust

director,

(h)in all matters described in this subsection (6), any person whose interests would

be adversely affected by the relief requested, including a claimant or an insurer or

surety who might be subject to financial obligations as the result of the approval of

the account.

Chapter 5. Probate Court Page 521 Updated June 21, 2024

(7) The persons interested in a proceeding for partial distribution of the estate of a

decedent are the

(a) devisees of a testate estate entitled to share in the residue,

(b) heirs of an intestate estate,

(d) any other person whose unsatisfied interests in the estate may be affected by

such assignment.

(8) The persons interested in a petition for an order of complete estate settlement under

MCL 700.3952 or a petition for discharge under MCR 5.311(B)(3) are the

(a) devisees of a testate estate,

(b) heirs unless there has been an adjudication that decedent died testate,

(d) such other persons whose interests are affected by the relief requested.

(9) The persons interested in a proceeding for an estate settlement order pursuant to

MCL 700.3953 are the

(a) personal representative,

(b) devisees,

(d) such other persons whose interests are affected by the relief requested.

(10) The persons interested in a proceeding for assignment and distribution of the

share of an absent apparent heir or devisee in the estate of a decedent are the

(a) devisees of the will of the decedent,

(b) heirs of the decedent if the decedent did not leave a will,

(d) presumptive heirs of the absent person.

(11) The persons interested in a petition for supervised administration after an estate

has been commenced are the

(a) devisees, unless the court has previously found decedent died intestate,

(b) heirs, unless the court has previously found decedent died testate,

(d) claimants.

(12) The persons interested in an independent request for adjudication under MCL

700.3415 and a petition for an interim order under MCL 700.3505 are the

(a) personal representative, and

Chapter 5. Probate Court Page 522 Updated June 21, 2024

(b) other persons who will be affected by the adjudication.

(13) The persons interested in a petition for settlement of a wrongful-death action or

distribution of wrongful-death proceeds are the

(a) heirs of the decedent,

(b) other persons who may be entitled to distribution of wrongful-death proceeds,

and

(14) The persons interested in a will contest settlement proceeding are the

(a) heirs of the decedent and

(b) devisees affected by settlement.

(15) The persons interested in a partition proceeding where the property has not been

assigned to a trust under the will are the

(a) heirs in an intestate estate or

(b) devisees affected by partition.

(16) The persons interested in a partition proceeding where the property has been

assigned to a trust under the will are the

(a) trustee and

(b) beneficiaries affected by the partition.

(17) The persons interested in a petition to establish the cause and date of death in an

accident or disaster case under MCL 700.1208 are the heirs of the presumed decedent.

(18) The persons interested in a proceeding under the Mental Health Code that may

result in an individual receiving involuntary mental health treatment or judicial

admission of an individual with a developmental disability to a center are the

(a) individual,

(b) individual's attorney,

(d) prosecuting attorney or petitioner's attorney,

(e) director of any hospital or center to which the individual has been admitted,

(f) individual's spouse, if the spouse's whereabouts are known,

(g) individual's guardian, if any,

(h) in a proceeding for judicial admission to a center or in a proceeding in which

assisted outpatient treatment is ordered, the community mental health program,

and

(i) such other relatives or persons as the court may determine.

Chapter 5. Probate Court Page 523 Updated June 21, 2024

(19) The persons interested in a proceeding under the Mental Health Code in a petition

for appointment of a guardian of an individual with a developmental disability are the

(a) individual,

(b) individual’s attorney,

(d) individual’s presumptive heirs,

(e) preparer of the report or another appropriate person who performed an

evaluation,

(f) director of any facility where the individual may be residing,

(g) individual’s guardian ad litem, if appointed, and

(h) such other persons as the court may determine.

(20) The persons interested in an application for appointment of a guardian of a minor

by a guardian appointed in another state and in a petition for appointment of a

guardian of a minor are

(a) the minor, if 14 years of age or older;

(b) if known by the petitioner or applicant, each person who had the principal care

and custody of the minor during the 63 days preceding the filing of the petition or

application;

the adult presumptive heirs of the minor;

(d) the nominated guardian, and

(e) if known by the petitioner or applicant, a guardian or conservator appointed by

a court in another state to make decisions regarding the person of a minor.

(21) The persons interested in the acceptance of parental appointment of the guardian

of a minor under MCL 700.5202 are

(a) the minor, if 14 years of age or older,

(b) the person having the minor's care, and

(22) The persons interested in a 7-day notice of acceptance of appointment as guardian

of an incapacitated individual under MCL 700.5301 are the

(a) incapacitated individual,

(b) person having the care of the incapacitated individual, and

(23) The persons interested in an application for appointment of a guardian of an

incapacitated individual by a guardian appointed in another state or in a petition for

appointment of a guardian of an alleged incapacitated individual are

Chapter 5. Probate Court Page 524 Updated June 21, 2024

(a) the alleged incapacitated individual or the incapacitated individual,

(b) if known, a person named as attorney in fact under a durable power of attorney,

spouse,

(d) the alleged incapacitated individual's adult children and the individual's parents

or the incapacitated individual’s adult children and parents,

(e) if no spouse, adult child, or parent is living, the presumptive heirs of the

individual,

(f) the person who has the care and custody of the alleged incapacitated individual

or of the incapacitated individual,

(g) the nominated guardian, and

(h) if known by the petitioner or applicant, a guardian or conservator appointed by

a court in another state to have care and control of the incapacitated individual.

(24) The persons interested in receiving a copy of the report of a guardian of a minor,

or of a legally incapacitated individual, on the condition of a ward are:

(a) the ward, if 14 years of age or older;

(b) the person who has principal care and custody of the ward, if other than the

guardian;

are living, the presumptive heirs of the individual; and

(d) for a minor guardianship, the parents of the minor or, if neither of them is

living, any grandparents and the adult presumptive heirs of the minor.

(25) The persons interested in an application for appointment of a conservator for a

protected individual by a conservator appointed in another state or for the petition for

the appointment of a conservator or for a protective order are:

(a) the individual to be protected if 14 years of age or older,

(b) the presumptive heirs of the individual to be protected,

(d) the nominated conservator,

(e) a governmental agency paying benefits to the individual to be protected or

before which an application for benefits is pending, and

(f) if known by the petitioner or applicant, a guardian or conservator appointed by

a court in another state to manage the protected individual’s finances.

(26) The persons interested in a petition for the modification or termination of a

guardianship or conservatorship or for the removal of a guardian or a conservator are

(a) those interested in a petition for appointment under subrule (C)(20), (22), (23),

or (25) as the case may be, and

Chapter 5. Probate Court Page 525 Updated June 21, 2024

(b) the guardian or conservator.

(27) The persons interested in a petition by a conservator for instructions or approval

of sale of real estate or other assets are

(a) the protected individual and

(b) those persons listed in subrule (C)(25) who will be affected by the instructions

or order.

(28) The persons interested in receiving a copy of an inventory or account of a

conservator or of a guardian are:

(a) the protected individual or ward, if he or she is 14 years of age or older,

(b) the presumptive heirs of the protected individual or ward,

(d) the guardian ad litem, and

(e) the personal representative, if any.

(29) The persons interested in a petition for approval of a trust under MCR 2.420 are

(a) the protected individual if 14 years of age or older,

(b) the presumptive heirs of the protected individual,

power of attorney,

(d) the nominated trustee, and

(e) a governmental agency paying benefits to the individual to be protected or

before which an application for benefits is pending.

(30) Interested persons for any proceeding concerning a durable power of attorney for

health care are

(a) the patient,

(b) the patient's advocate,

(d) the patient's adult children,

(e) the patient's parents if the patient has no adult children,

(f) if the patient has no spouse, adult children, or parents, the patient's minor

children, or, if there are none, the presumptive heirs whose addresses are known,

(g) the patient’s guardian and conservator, if any, and

(h) the patient’s guardian ad litem.

(31) Persons interested in a proceeding to require, hear, or settle an accounting of an

agent under a power of attorney are

(a) the principal,

Chapter 5. Probate Court Page 526 Updated June 21, 2024

(b) the attorney in fact or agent,

(d) the principal’s guardian ad litem or attorney, if any, and

(e) the principal’s presumptive heirs.

(32) Subject to the provisions of Part 3 of Article VII of the Estates and Protected

Individuals Code, the persons interested in the modification or termination of a

noncharitable irrevocable trust are:

(a) the qualified trust beneficiaries affected by the relief requested,

(b) the settlor,

individual, the settlor’s representative, as referred to in MCL 700.7411(6);

(d) the trust director, if any, as referred to in MCL 700.7103(m),

(e) the current trustee, and

(f) any other person named in the terms of the trust to receive notice of such a

proceeding.

(33) Subject to the provisions of Part 3 of Article VII of the Estates and Protected

Individuals Code, the persons interested in a proceeding affecting a trust other than

those already covered by subrules (C)(6), (C)(29), and (C)(32) are:

(a)the qualified trust beneficiaries affected by the relief requested,

(b) the holder of a power of appointment affected by the relief requested,

(d) in a proceeding to appoint a trustee, the proposed trustee,

(e)

the trust director, if any, as referred to in MCL 700.7103(m),

(f) the settlor of a revocable trust, and

(g)if the petitioner has a reasonable basis to believe the settlor is an incapacitated

individual, those persons who are entitled to be reasonably informed, as referred to

in MCL 700.7603(2).

(D) The court shall make a specific determination of the interested persons if they are not

defined by statute or court rule.

(E) In the interest of justice, the court may require additional persons be served.

ULE 5.126 DEMAND OR REQUEST FOR NOTICE

(A) Applicability. For purposes of this rule “demand” means a demand or request. This

rule governs the procedures to be followed regarding a person who files a demand for

Chapter 5. Probate Court Page 527 Updated June 21, 2024

notice pursuant to MCL 700.3205 or MCL 700.5104. This person under both sections is

referred to as a “demandant.”

(B) Procedure.

(1) Obligation to Provide Notice or Copies of Documents. Except in small estates

under MCL 700.3982 and MCL 700.3983, the person responsible for serving a

document in a decedent estate, guardianship, or conservatorship in which a demand

for notice is filed is responsible for providing copies of any orders and filings

pertaining to the proceeding in which the demandant has requested notification. If no

proceeding is pending at the time the demand is filed, the court must notify the

petitioner or applicant at the time of filing that a demand for notice has been filed and

of the responsibility to provide notice to the demandant.

(2) Rights and Obligations of Demandant.

(a) The demandant must serve on interested persons a copy of a demand for notice

filed after a proceeding has been commenced.

(b) Unless the demand for notice is limited to a specified class of documents, the

demandant is entitled to receive copies of all orders and filings subsequent to the

filing of the demand. The copies must be served on the demandant through the

electronic filing system if the demandant is an authorized user under MCR

1.109(G)(6)(a), but if not, mailed to the address specified in the demand. If the

copies are undeliverable, no further copies of documents need be provided to the

demandant.

(1) Termination on Disqualification of Demandant. The fiduciary or an interested

person may petition the court to determine that a person who filed a demand for notice

does not meet the requirements of statute or court rule to receive notification. The

court on its own motion may require the demandant to show cause why the demand

should not be stricken.

(2) Expiration of Demand When no Proceeding is Opened. If a proceeding is not

opened, the demand expires three years from the date the demand is filed.

(3) Withdrawal. The demandant may withdraw the demand at any time by

communicating the withdrawal in writing to the fiduciary and to the court. If

withdrawn, the demandant shall not continue to be served with documents in the case.

ULE 5.127 VENUE OF CERTAIN ACTIONS

(A) Defendant Found Incompetent to Stand Trial. When a criminal defendant is found

mentally incompetent to stand trial and is referred to the probate court for admission to a

treating facility,

Chapter 5. Probate Court Page 528 Updated June 21, 2024

(1) if the defendant is a Michigan resident, venue is proper in the county where the

defendant resides;

(2) if the defendant is not a Michigan resident, venue is proper in the county of the

referring criminal court.

(B) Guardian of Property of Nonresident With a Developmental Disability. If an

individual with a developmental disability is a nonresident of Michigan and needs a

guardian for Michigan property under the Mental Health Code, venue is proper in the

probate court of the county where any of the property is located.

for a proceeding to appoint a guardian for an individual with a developmental disability

who is in a facility is questioned, and it appears that the convenience of the individual with

a developmental disability or guardian would not be served by proceeding in the county

where the individual with a developmental disability was found, venue is proper in the

county where the individual with a developmental disability most likely would reside if

not disabled. In making its decision, the court shall consider the situs of the property of the

individual with a developmental disability and the residence of relatives or others who

have provided care.

ULE 5.128 CHANGE OF VENUE

Reasons for Change. On petition by an interested person or on the court's own initiative,

the venue of a proceeding may be changed to another county by court order for the

convenience of the parties and witnesses, for convenience of the attorneys, or if an

impartial trial cannot be had in the county where the action is pending. Procedure for

change of venue is governed by MCR 2.222 and MCR 2.223 except that a court must also

transfer the original of an unadmitted will or a certified copy of an admitted will.

ULE 5.131 DISCOVERY GENERALLY

(A) Civil Actions. Discovery for civil actions in probate court is governed by subchapter

2.300.

(B) Proceedings.

(1) Discovery in General. With the exception of mandatory initial disclosures under

MCR 2.302(A), the discovery rules in subchapter 2.300 apply in probate proceedings,

and, except as otherwise ordered by the court, any interested person in a probate

proceeding is considered a party for the purpose of applying discovery rules.

(2) Mandatory Initial Disclosure.

(a) Demand or Objection. Mandatory disclosures under MCR 2.302(A) are

required in probate proceedings if, by the time of the first hearing on the petition

initiating the proceeding:

Chapter 5. Probate Court Page 529 Updated June 21, 2024

(i) an interested person other than the petitioner files a demand for mandatory

initial disclosure and properly serves the demand on all interested persons or

(ii) an interested person objects to or otherwise contests the petition, in writing

or orally, properly serves any written objection or response on all interested

persons, and the judge determines mandatory initial disclosure is appropriate.

When mandatory initial disclosures are required through demand or objection,

and except as otherwise ordered by the court, such disclosures must be made

by the petitioner and any demandant or objecting interested person.

(b) Court Order. At any time, on its own motion or on a motion filed by an

interested person, the court may require:

(i) mandatory disclosures and designate those interested persons who must

make disclosures or

(ii) in a proceeding with some parties already making disclosures, an additional

interested person or persons to make disclosures.

(i) The petitioner must serve initial disclosures within 14 days after the first

hearing on the petition subject to a demand or objection.

(ii) The demandant or objecting interested person must serve initial disclosures

within the later of 14 days after the petitioner’s disclosures are due or 28 days

after the demand or objection is filed.

(iii) When mandatory disclosures are ordered pursuant to MCR

5.131(B)(2)(b)(ii), an interested person’s disclosures are due within 21 days

after the court’s order.

(3) Scope of Discovery in Probate Proceedings. Discovery in a probate proceeding is

limited to matters raised in any petitions or objections pending before the court.

ULE 5.132 PROOF OF WILLS

(A) Deposition of Witness to Will. If no written objection has been filed to the admission

to probate of a document purporting to be the will of a decedent, the deposition of a

witness to the will or of other witnesses competent to testify at a proceeding for the

probate of the will may be taken and filed without notice. However, the deposition is not

admissible in evidence if at the hearing on the petition for probate of the will an interested

person who was not given notice of the taking of the deposition as provided by MCR

2.306(B) objects to its use.

(B) Use of Copy of Will. When proof of a will is required and a deposition is to be taken,

a copy of the original will or other document reproduced in accordance with the Records

Reproduction Act, MCL 24.401 et seq., may be used at the deposition.

Chapter 5. Probate Court Page 530 Updated June 21, 2024

RULE 5.133 OPENING WILLS ORIGINALLY FILED FOR SAFEKEEPING

If a will filed for safekeeping under MCL 700.2515 remains unopened 100 years after the

date it was filed with a court, the will shall be opened by the probate register and maintained in

accordance with MCR 8.302. Upon opening, the will shall be considered a will delivered after the

death of the testator and shall be retained for the period prescribed in the record retention and

disposal schedule established under MCR 8.119(K).

ULE 5.140 USE OF VIDEOCONFERENCING TECHNOLOGY

(A) Except as otherwise prescribed by this rule, upon request of any participant or sua

sponte, the court may allow the use of videoconferencing technology under this chapter in

accordance with MCR 2.407.

(B) In a mental health proceeding, if the subject of the petition wants to be physically

present, the court must allow the individual to be present unless the court excludes or

waives the physical presence of the subject pursuant to MCL 330.1455. This does not

apply to proceedings concerning a person originally committed as a result of MCL

330.2050.

the subject of the petition wants to be physically present, the court must allow the

individual to be present. The right to be present for the subject of a minor guardianship

applies only to a minor 14 years of age or older. Subject to this right to be present and to

MCR 2.407(B)(5), the use of videoconferencing technology is presumed in all

uncontested petitions or motions in guardianship, conservatorship, protected individual

and decedent estates.

(D) Mechanics of Use. The use of videoconferencing technology under this chapter must

be in accordance with the standards established by the State Court Administrative Office.

All proceedings at which videoconferencing technology is used must be recorded

verbatim by the court.

ULE 5.141 PRETRIAL PROCEDURES; CONFERENCES; SCHEDULING ORDERS

The procedures of MCR 2.401 shall apply in a contested proceeding.

ULE 5.142 PRETRIAL MOTIONS IN CONTESTED PROCEEDINGS

In a contested proceeding, pretrial motions are governed by the rules that are applicable in

civil actions in circuit court.

Chapter 5. Probate Court Page 531 Updated June 21, 2024

RULE 5.143 ALTERNATIVE DISPUTE RESOLUTION

(A) The court may submit to mediation, case evaluation, or other alternative dispute

resolution process one or more requests for relief in any contested proceeding. MCR 2.410

applies to the extent possible.

(B) If a dispute is submitted to case evaluation, MCR 2.403 and 2.404 shall apply to the

extent feasible.

ULE 5.144 ADMINISTRATIVELY CLOSED FILE

(A) Administrative Closing. The court may administratively close a file

(1) for failure to file a notice of continuing administration as provided by MCL

700.3951(3) or

(2) for other reasons as provided by MCR 5.203(D) or, after notice and hearing, upon

a finding of good cause.

In a conservatorship, the court may administratively close a file only when there are

insufficient assets in the estate to employ a successor or special fiduciary, or after

notice and hearing upon a finding of good cause.

(B) Reopening Administratively Closed Estate. Upon petition by an interested person,

with or without notice as the court directs, the court may order an administratively closed

estate reopened. The court may appoint the previously appointed fiduciary, a successor

fiduciary, a special fiduciary, or a special personal representative, or the court may order

completion of the administration without appointing a fiduciary. In a decedent estate, the

court may order supervised administration if it finds that supervised administration is

necessary under the circumstances.

ULE 5.151 JURY TRIAL, APPLICABLE RULES

Jury trials in probate proceedings shall be governed by MCR 2.508 through 2.516 except

as modified by this subchapter or MCR 5.740 for mental health proceedings.

ULE 5.158 JURY TRIAL OF RIGHT IN CONTESTED PROCEEDINGS

(A) Demand. A party may demand a trial by jury of an issue for which there is a right to

trial by jury by filing in a manner provided by these rules a written demand for a jury trial

within 28 days after an issue is contested. However, if trial is conducted within 28 days of

the issue being joined, the jury demand must be filed at least 4 days before trial. A party

who was not served with notice of the hearing at least 7 days before the hearing or trial

may demand a jury trial at any time before the time set for the hearing. The court may

adjourn the hearing in order to impanel the jury. A party may include the demand in a

pleading if notice of the demand is included in the caption of the pleading. The jury fee

provided by law must be paid at the time the demand is filed.

Chapter 5. Probate Court Page 532 Updated June 21, 2024

(B) Waiver. A party who fails to file a demand or pay the jury fee as required by this rule

waives trial by jury. A jury is waived if trial or hearing is commenced without a demand

being filed.

ULE 5.162 FORM AND SIGNING OF JUDGMENTS AND ORDERS

(A) Form of Judgments and Orders. A proposed judgment or order must be prepared in

accordance with MCR 2.602(A) and MCR 1.109(D)(2).

(B) Procedure for Entry of Judgments and Orders. In a contested matter, the procedure for

entry of judgments and orders is as provided in MCR 2.602(B).

SUBCHAPTER 5.200 PROVISIONS COMMON TO MULTIPLE TYPES OF FIDUCIARIES

RULE 5.201 APPLICABILITY

Except for MCR 5.204 and MCR 5.208, which apply in part to trustees and trusts, rules in

this subchapter contain requirements applicable to all fiduciaries except trustees and apply to all

estates except trusts.

ULE 5.202 LETTERS OF AUTHORITY

(A) Issuance. Letters of authority shall be issued after the appointment and qualification of

the fiduciary. If bond is ordered, the letters shall be issued after proof of bond has been

filed with the court, unless otherwise ordered. Unless ordered by the court, letters of

authority will not have an expiration date.

(B) Restrictions and Limitations. The court may restrict or limit the powers of a fiduciary.

The restrictions and limitations imposed must appear on the letters of authority. The court

may modify or remove the restrictions and limitations with or without a hearing.

date the letters are in full force and effect may appear on the face of copies furnished to the

fiduciary or interested persons.

ULE 5.203 FOLLOW-UP PROCEDURES

Except in the instance of a personal representative who fails to timely comply with the

requirements of MCL 700.3951(1), if it appears to the court that the fiduciary is not properly

administering the estate, the court shall proceed as follows:

(A) Notice of Deficiency. The court must notify the fiduciary, the attorney for the

fiduciary, if any, and each of the sureties for the fiduciary of the nature of the deficiency,

together with a notice to correct the deficiency within 28 days, or, in the alternative, to

appear before the court or an officer designated by it at a time specified within 28 days for

Chapter 5. Probate Court Page 533 Updated June 21, 2024

a conference concerning the deficiency. Service of the notice of deficiency is complete on

mailing to the last known address of the fiduciary or when served under MCR

1.109(G)(6)(a).

(B) Conference, Memorandum. If a conference is held, the court must prepare a written

memorandum setting forth the date of the conference, the persons present, and any steps

required to be taken to correct the deficiency. The steps must be taken within the time set

by the court but not to exceed 28 days from the date of the conference. A copy of the

memorandum must be given to those present at the conference. If the fiduciary is not

present at the conference, a copy of the memorandum must be mailed to the last known

address of the fiduciary or served on the fiduciary under MCR 1.109(G)(6)(a).

required duties for a further reasonable period or periods, but any extended period may not

exceed 28 days and shall only be extended to a day certain. The total period as extended

may not exceed 56 days.

(D) Suspension of Fiduciary, Appointment of Special Fiduciary. If the fiduciary fails to

perform the duties required within the time allowed, the court may do any of the

following: suspend the powers of the dilatory fiduciary, appoint a special fiduciary, and

close the estate administration. If the court suspends the powers of the dilatory fiduciary or

closes the estate administration, the court must notify the dilatory fiduciary, the attorney

of record for the dilatory fiduciary, the sureties on any bond of the dilatory fiduciary that

has been filed, any financial institution listed on the most recent inventory or account

where the fiduciary has deposited funds, any currently serving guardian ad litem, and the

interested persons at their addresses shown in the court file. This rule does not preclude

contempt proceedings as provided by law.

(E) Reports on the Status of Estates. The chief judge of each probate court must file with

the state court administrator, on forms provided by the state court administrative office,

any reports on the status of estates required by the state court administrator.

ULE 5.204 APPOINTMENT OF SPECIAL FIDUCIARY

(A) Appointment. The court may appoint a special fiduciary or enjoin a person subject to

the court's jurisdiction under MCL 700.1309 on its own initiative, on the notice it directs,

or without notice in its discretion.

(B) Duties and Powers. The special fiduciary has all the duties and powers specified in the

order of the court appointing the special fiduciary. Appointment of a special fiduciary

suspends the powers of the general fiduciary unless the order of appointment provides

otherwise. The appointment may be for a specified time and the special fiduciary is an

interested person for all purposes in the proceeding until the appointment terminates.

Chapter 5. Probate Court Page 534 Updated June 21, 2024

RULE 5.205 ADDRESS OF FIDUCIARY

A fiduciary must keep the court and the interested persons informed in writing within 7

days of any change in the fiduciary's address even if the fiduciary is an authorized user of the

electronic filing system. Any notice served on the fiduciary by the court to the last address on file

or under MCR 1.109(G)(6)(a) shall be notice to the fiduciary.

ULE 5.206 DUTY TO COMPLETE ADMINISTRATION

A fiduciary and an attorney for a fiduciary must take all actions reasonably necessary to

regularly administer an estate and close administration of an estate. If the fiduciary or the attorney

fails to take such actions, the court may act to regularly close the estate and assess costs against

the fiduciary or attorney personally.

ULE 5.207 SALE OF REAL ESTATE

(A) Petition. Any petition to approve the sale of real estate must contain the following:

(1) the terms and purpose of the sale,

(2) the legal description of the property,

(3) the financial condition of the estate before the sale, and

(4) an appended copy of the most recent assessor statement or tax statement showing

the state equalized value of the property. If the court is not satisfied that the evidence

provides the fair market value, a written appraisal may be ordered.

(B) Bond. The court may require a bond before approving a sale of real estate in an

amount sufficient to protect the estate.

ULE 5.208 NOTICE TO CREDITORS, PRESENTMENT OF CLAIMS

(A)Publication of Notice to Creditors; Contents. Unless the notice has already been given,

the personal representative must publish, and a special personal representative may

publish, in a newspaper, as defined by MCR 2.106(F), in a county in which a resident

decedent was domiciled or in which the proceeding as to a nonresident was initiated, a

notice to creditors as provided in MCL 700.3801. The notice must include:

(1)The name, and, if known, the date of death, and date of birth of the decedent;

(2)The name and address of the personal representative;

(3)The name and address of the court where proceedings are filed; and

(4)A statement that claims will be forever barred unless presented to the personal

representative, or to both the court and the personal representative within 4 months

after the publication of the notice.

(B)Notice to Known Creditors and Trustee. A personal representative who has published

notice must cause a copy of the published notice or a similar notice to be served personally

Chapter 5. Probate Court Page 535 Updated June 21, 2024

or by mail on each known creditor of the estate and to the trustee of a trust of which the

decedent is settlor, as defined in MCL 700.7605(1)

. Notice need not be served on the

trustee if the personal representative is the trustee.

(1)Within the time limits prescribed by law, the personal representative must cause a

copy of the published notice or a similar notice to be served personally or by mail on

each creditor of the estate whose identity at the time of publication or during the 4

months following publication is known to, or can be reasonably ascertained by, the

personal representative.

(2)If, at the time of the publication, the address of a creditor is unknown and cannot

be ascertained after diligent inquiry, the name of the creditor must be included in the

published notice.

(C)Publication of Notice to Creditors and Known Creditors by Trustee. A notice that must

be published under MCL 700.7608 must include:

(1)The name, and, if known, date of death, and date of birth of the trust’s deceased

settlor;

(2)The trust’s name or other designation;

(3)The date the trust was established;

(4)The name and address of each trustee serving at the time of or as a result of the

settlor’s death;

(5)The name and address of the trustee’s attorney, if any and must be served on known

creditors as provided in subrule (B) above.

(D)No Notice to Creditors. No notice need be given to creditors in the following

situations:

(1)The decedent or settlor has been dead for more than 3 years;

(2)Notice need not be given to a creditor whose claim has been presented or paid;

(3)For a personal representative:

(a)The estate has no assets;

(b)The estate qualifies and is administered under MCL 700.3982, MCL 700.3983,

or MCL 700.3987;

(c)Notice has previously been given under MCL 700.7608 in the county where the

decedent was domiciled in Michigan.

(4)For a trustee, the costs of administration equal or exceed the value of the trust

estate.

(E)Presentment of Claims. A claim shall be presented to the personal representative or

trustee by mailing or delivering the claim to the personal representative or trustee, or the

attorney for the personal representative or trustee, or, in the case of an estate, by filing the

Chapter 5. Probate Court Page 536 Updated June 21, 2024

claim with the court and mailing or delivering a copy of the claim to the personal

representative.

(F)A claim is considered presented

(1)on mailing, if addressed to the personal representative or trustee, or the attorney for

the personal representative or trustee, or

(2)in all other cases, when received by the personal representative, or trustee or the

attorney for the personal representative or trustee or in the case of an estate when filed

with the court.

SUBCHAPTER 5.300 PROCEEDINGS IN DECEDENT ESTATES

RULE 5.301 APPLICABILITY

The rules in this subchapter apply to decedent estate proceedings other than proceedings

provided by law for small estates under MCL 700.3982.

ULE 5.302 COMMENCEMENT OF DECEDENT ESTATES

(A) Methods of Commencement. A decedent estate may be commenced by filing an

application for an informal proceeding or a petition for a formal testacy proceeding. A

request for supervised administration may be made in a petition for a formal testacy

proceeding.

(1) When filing either an application or petition to commence a decedent estate, two

copies of the death certificate must be filed with the application or petition. If the death

certificate is not available, the petitioner may file two copies of alternative

documentation of the decedent’s death. In either instance, the petitioner must redact

from one of the copies being filed all protected personal identifying information as

required by MCR 1.109(D)(9). The unredacted copy of the death certificate or

alternative documentation must be maintained by the court as a nonpublic record.

(2) If a will that is being filed with the court for the purposes of commencing an estate

contains protected personal identifying information, the filer must provide the will

being filed for probate and a copy that has the protected personal identifying

information redacted as required by MCR 1.109(D)(9).The unredacted version of the

will must be maintained by the court as a nonpublic record.

(3) Where electronic filing is implemented, if the application or petition to commence

a decedent estate indicates that there is a will, it is available, and that it is not already

in the court’s possession, an exact copy of the will and any codicils must be attached to

the application or petition. Within 14 days of the filing of the application or petition,

the original will and any codicils must be filed with the court or the case will be

dismissed without notice and hearing. Notice of a dismissal for failure to file the

Chapter 5. Probate Court Page 537 Updated June 21, 2024

original will and any codicils shall be served on the petitioner and any interested

persons in a manner provided under MCR 5.105(B).

(4) The court is prohibited from requiring additional documentation, such as

information about the proposed or appointed personal representative.

(B) Testimony Identifying Heirs Form. At least one completed SCAO-approved testimony

identifying heirs and devisees must be submitted with the application or petition that

commences proceedings. A testimony identifying heirs form must be verified under MCR

1.109(D)(3).

are deemed preserved for further administration purposes.

(D) Petition by Parent of Minor. In the interest of justice, the court may allow a custodial

parent who has filed an appearance to file a petition to commence proceedings in a

decedent estate on behalf of a minor child where the child is an interested person in the

estate.

ULE 5.304 NOTICE OF APPOINTMENT

(A) Notice of Appointment. The personal representative must, not later than 14 days after

appointment, serve notice of appointment by personal service or by first-class mail as

provided in MCL 700.3705 and the agreement and notice relating to attorney fees required

by MCR 5.313(D). No notice of appointment need be served if the person serving as

personal representative is the only person to whom notice must be given.

(B) Publication of Notice. If the address or identity of a person who is to receive notice of

appointment is not known and cannot be ascertained with reasonable diligence, the notice

of appointment must be published one time in a newspaper, as defined in MCR 2.106(F),

in the county in which a resident decedent was domiciled or in the county in which the

proceedings with respect to a nonresident were initiated. The published notice of

appointment is sufficient if it includes:

(1) statements that estate proceedings have been commenced, giving the name and

address of the court, and, if applicable, that a will has been admitted to probate,

(2) the name of any interested person whose name is known but whose address cannot

be ascertained after diligent inquiry, and a statement that the result of the

administration may be to bar or affect that person's interest in the estate, and

(3) the name and address of the person appointed personal representative, and the

name and address of the court.

notice of appointment is only required if that person's address is known or becomes known

during the proceedings or the person registers as an authorized user of the electronic filing

system under MCR 1.109(G)(6)(a).

Chapter 5. Probate Court Page 538 Updated June 21, 2024

RULE 5.305 NOTICE TO SPOUSE; ELECTION

(A) Notice to Spouse. In the estate of a decedent who was domiciled in the state of

Michigan at the time of death, the personal representative, except a special personal

representative, must serve notice of the rights of election under part 2 of article II of the

Estates and Protected Individuals Code, including the time for making the election and the

rights to exempt property and allowances under part 4 of article II of the code, on the

surviving spouse of the decedent within 28 days after the personal representative's

appointment. An election as provided in subrule (C) may be filed in lieu of the notice. No

notice need be given if the surviving spouse is the personal representative or one of

several personal representatives or if there is a waiver under MCL 700.2205.

(B) Proof of Service. The personal representative is not required to file a proof of service

of the notice of the rights of election.

must serve a copy of the election on the personal representative personally or by mail. The

election must be made within 63 days after the date for presentment of claims or within 63

days after the service of the inventory upon the surviving spouse, whichever is later. The

election may be filed with the court.

(D) Assignment of Dower. A petition for the assignment of dower under MCL 558.1-

558.29 must include:

(1) a full and accurate description of the land in Michigan owned by a deceased

husband and of which he died seized, from which the petitioner asks to have the dower

assigned;

(2) the name, age, and address of the widow and the names and addresses of the other

heirs;

(3) the date on which the husband died and his domicile on the date of his death; and

(4) the fact that the widow's right to dower has not been barred and that she or some

other person interested in the land wishes it set apart.

If there is a minor or other person other than the widow under legal disability having

no legal guardian or conservator, there may not be a hearing on the petition until after

the appointment of a guardian ad litem for such person.

ULE 5.307 REQUIREMENTS APPLICABLE TO ALL DECEDENT ESTATES

(A) Inventory Fee. Within 91 days of the date of the letters of authority, the personal

representative must submit to the court the information necessary for computation of the

probate inventory fee. The inventory fee must be paid no later than the filing of the

petition for an order of complete estate settlement under MCL 700.3952, the petition for

settlement order under MCL 700.3953, or the sworn statement under MCL 700.3954, or

one year after appointment, whichever is earlier.

Chapter 5. Probate Court Page 539 Updated June 21, 2024

(B) Notice of Continued Administration. If unable to complete estate administration

within one year of the original personal representative’s appointment, the personal

representative must file with the court and serve on all interested persons a notice that the

estate remains under administration, specifying the reason for the continuation of

administration. The notice must be served within 28 days of the first anniversary of

appointment and all subsequent anniversaries during which the administration remains

uncompleted.

the personal representative with written notice of information to be provided to the court.

The notice should be substantially in the following form or in the form specified by MCR

5.310(E), if applicable:

“Inventory Information: Within 91 days of the date of the letters of authority, you must

submit to the court the information necessary for computation of the probate inventory

fee. You must also provide the name and address of each financial institution listed on

your inventory at the time the inventory is presented to the court. The address for a

financial institution shall be either that of the institution’s main headquarters or the

branch used most frequently by the personal representative.

“Change of Address: You must keep the court and all interested persons informed in

writing within 7 days of any change in your address that you have provided for

service.”

“Notice of Continued Administration: If you are unable to complete the administration

of the estate within one year of the original personal representative’s appointment, you

must file with the court and all interested persons a notice that the estate remains under

administration, specifying the reason for the continuation of the administration. You

must give this notice within 28 days of the first anniversary of the original

appointment and all subsequent anniversaries during which the administration remains

uncompleted.”

“Duty to Complete Administration of Estate: You must complete the administration of

the estate and file appropriate closing documents with the court. Failure to do so may

result in personal assessment of costs.”

(D) Claim by Personal Representative. A claim by a personal representative against the

estate for an obligation that arose before the death of the decedent shall only be allowed in

a formal proceeding by order of the court.

(E) Requiring or Filing of Additional Documents. Except in formal proceedings and

supervised administration, the court may not require the filing of any documents other

than those required to be filed by statute or court rule. However, additional documents

may be filed under MCR 5.113(D).

Chapter 5. Probate Court Page 540 Updated June 21, 2024

RULE 5.308 FORMAL PROCEEDINGS

(A) Accounts. Any account filed with the court must be in the form required by MCR

5.310(C)(2)(c).

(B) Determination of Heirs.

(1) Determination During Estate Administration. Every petition for formal probate of

a will or for adjudication of intestacy shall include a request for a determination of

heirs unless heirs were previously determined. Determination of heirs is also required

whenever supervised administration is requested. No other petition for a formal

proceeding, including a petition to appoint a personal representative which does not

request formal probate of a will or adjudication of intestacy, need contain a request for

determination of heirs. The personal representative or an interested person may at any

time file a petition for determination of heirs. Heirs may only be determined in a

formal hearing.

(2) Determination Without Estate Administration.

(a) Petition and Testimony Identifying Heirs Form. Any person may initiate a

formal proceeding to determine intestacy and heirs without appointment of a

personal representative by filing a petition and a completed SCAO-approved

testimony identifying heirs form sufficient to establish the domicile of the

decedent at the time of death and the identity of the interested persons. A

testimony identifying heirs form must be verified under MCR 1.109(D)(3).

(b) Notice, Publication. The petitioner must serve notice of hearing on all

interested persons. If an interested person's address or whereabouts is not known,

the petitioner shall serve notice on that person by publication as provided in MCR

5.105(A)(3). The court may require other publication if it deems necessary.

determining the date of death, the domicile of the decedent at the time of death,

whether the decedent died intestate, and the names of the heirs.

(d) Closing File. If there are no further requests for relief and no appeal, the court

may close its file.

ULE 5.309 INFORMAL PROCEEDINGS

(A) Denial of Application. If the probate register denies the application for informal

probate or informal appointment, the applicant may file a petition for a formal proceeding,

which may include a request for supervised administration.

(B) Effect of Form of Administration in Another State or Country. The fact that any

particular form of administration has been initiated in the estate of a decedent in another

state or country does not preclude any other form of proceedings with respect to that

decedent in Michigan without regard to the form of the proceeding in the other state or

country.

Chapter 5. Probate Court Page 541 Updated June 21, 2024

(1) A person who desires to be appointed personal representative in informal

proceedings must serve notice of intent to seek appointment and a copy of the

application on each person having a prior or equal right to appointment who does not

renounce this right in writing before the appointment is made.

(2) Service of notice of intent to seek appointment and a copy of the application must

be made at least 14 days by mail or 7 days by personal service before appointment as

personal representative. If the address of one or more of the persons having a prior or

equal right to appointment is unknown and cannot be ascertained after diligent inquiry,

notice of the intent to file the application must be published pursuant to MCR 5.106 at

least 14 days prior to the appointment, but a copy of the application need not be

published.

(3) Proof of service must be filed with the court along with the application for informal

appointment as personal representative.

(D) Publication. If the address of an heir, devisee, or other interested person entitled to the

information on the informal probate under MCL 700.3306 is unknown and cannot be

ascertained after diligent inquiry, the information in MCL 700.3306(2) must be provided

by publication pursuant to MCR 5.106. Publication of notice under this rule is not required

if a personal representative has been appointed and provided notice under MCR 5.304.

ULE 5.310 SUPERVISED ADMINISTRATION

(A) Applicability. The other rules applicable to decedent estates apply to supervised

administration unless they conflict with this rule.

(B) Commencement of Supervised Administration. A request for supervised

administration in a decedent estate may be made in the petition for formal testacy and

appointment proceedings. A petition for formal testacy and appointment proceedings

including a request for supervised administration may be filed at any time during the

estate proceedings if testacy has not previously been adjudicated. If testacy and

appointment have been previously adjudicated, a separate petition for supervised

administration may be filed at any time during administration of the estate. Whenever

supervised administration is requested, the court must determine heirs unless heirs were

previously determined, even if supervised administration is denied.

additional documents with the court and serve copies on the interested persons:

(1) Inventory. The personal representative must file an inventory as prescribed by

MCR 5.307(A).

(2) Accountings.

(a) Time for Filing. Unless the court designates a shorter period, the personal

representative must file accountings within 56 days after the end of the accounting

Chapter 5. Probate Court Page 542 Updated June 21, 2024

period. A final account must be filed when the estate is ready for closing or on

removal of a personal representative. The court may order an interim accounting at

any time the court deems necessary.

(b) Accounting Period. The accounting period ends on the anniversary date of the

issuance of the letters of authority or, if applicable, on the anniversary date of the

close of the last period covered by an accounting. The personal representative may

elect to change the accounting period so that it ends on a different date. If the

personal representative elects to make such a change, the first accounting period

thereafter shall not be more than a year. A notice of the change must be filed with

the court.

disbursements during the accounting period, unless itemization is waived by all

interested persons. A written description of services performed must be included

or appended regarding compensation sought by a personal representative. This

description need not be duplicated in the order. The accounting must include

notice that (i) objections concerning the accounting must be brought to the court's

attention by an interested person because the court does not normally review the

accounting without an objection; (ii) interested persons have a right to review

proofs of income and disbursements at a time reasonably convenient to the

personal representative and the interested person; (iii) interested persons may

object to all or part of an accounting by filing an objection with the court before

allowance of the accounting; and (iv) if an objection is filed and not otherwise

resolved, the court will hear and determine the objection.

(d) Proof of Income and Disbursements. After filing and before the allowance of

an accounting, the personal representative must make proofs of income and

disbursements reasonably available for examination by any interested person who

requests to see them or as required by the court. An interested person, with or

without examination of the proofs of income and disbursements, may file an

objection to an accounting with the court. If an interested person files an objection

without examining the proofs and the court concludes that such an examination

would help resolve the objection, the court may order the interested person to

examine the proofs before the court hears the objection.

(e) Deferral of Hearings on Accountings. Hearing on each accounting may be

deferred in the discretion of the court. The court in any case at any time may

require a hearing on an accounting with or without a request by an interested

person.

(3) Notice of appointment.

(4) Fees notice pursuant to MCR 5.313.

(5) Notice to spouse.

(6) Affidavit of any required publication.

(7) Such other documents as are ordered by the court.

Chapter 5. Probate Court Page 543 Updated June 21, 2024

(D) Tax Information. The personal representative must file with the court

(1) in the case of a decedent dying before October 1, 1993, proof that all Michigan

inheritance taxes have been paid or

(2) in the case of an estate of a decedent dying after September 30, 1993, either

(a) if a federal estate tax return was required to be filed for the decedent, proof

from the Michigan Department of Treasury that all Michigan estate taxes have

been paid, or

(b) if no federal estate tax return was required to be filed for the decedent, a

statement that no Michigan estate tax is due.

(E) Notice to Personal Representative. When supervised administration is ordered, the

court must serve a written notice of duties on the personal representative. The notice must

be substantially as follows:

“Inventories: You are required to file an inventory of the assets of the estate within 91

days of the date of your letters of authority or as ordered by the court. The inventory

must list in reasonable detail all the property owned by the decedent at the time of

death, indicating, for each listed item, the fair market value at the time of decedent's

death and the type and amount of any encumbrance. If the value of any item has been

obtained through an appraiser, the inventory should include the appraiser's name and

address with the item or items appraised by that appraiser.

“Accountings: You are required to file annually, or more often if the court directs, a

complete itemized accounting of your administration of the estate, showing in detail

all the receipts and disbursements and the property remaining in your hands together

with the form of the property. When the estate is ready for closing, you are required to

file a final accounting and an itemized and complete list of all properties remaining.

Subsequent annual and final accountings must be filed within 56 days after the close

of the accounting period.

“Change of Address: You are required to keep the court and interested persons

informed in writing within 7 days of any change in your address that you have

provided for service.

“Notice of Continued Administration: If you are unable to complete the administration

of the estate within one year of the original personal representative’s appointment, you

must file with the court and all interested persons a notice that the estate remains under

administration, specifying the reason for the continuation of the administration. You

must give this notice within 28 days of the first anniversary of the original

appointment and all subsequent anniversaries during which the administration remains

uncompleted.

“Duty to Complete Administration of Estate: You must complete the administration of

the estate and file appropriate closing documents with the court. Failure to do so may

result in personal assessment of costs.”

Chapter 5. Probate Court Page 544 Updated June 21, 2024

(F) Changing from Supervised to Unsupervised Administration. At any time during

supervised administration, any interested person or the personal representative may

petition the court to terminate supervision of administration. The court may terminate

supervision unless the court finds that proceeding with supervision is necessary under the

circumstances. Termination of supervision does not discharge the personal representative.

(G) Approval of compensation of an attorney must be sought pursuant to MCR 5.313.

(H) Order of Complete Estate Settlement. An estate being administered in supervised

administration must be closed under MCL 700.3952, using the procedures specified in

MCR 5.311(B)(1).

ULE 5.311 CLOSING ESTATE

(A) Closing by Sworn Statement. In unsupervised administration, a personal

representative may close an estate by filing a sworn closing statement under MCL

700.3954 or 700.3988.

(B) Formal Proceedings.

(1) Requirements for Order of Complete Estate Settlement under MCL 700.3952. An

estate being administered in supervised administration must be closed by an order for

complete estate settlement under MCL 700.3952. All other estates may be closed

under that provision. A petition for complete estate settlement must state the relief

requested. If the petitioner requests a determination of testacy, the petitioner must

comply with the requirements of the statute and court rules dealing with a

determination of testacy in a formal proceeding.

(2) Requirements for Settlement Order under MCL 700.3953. A personal

representative or a devisee may file a petition for a settlement order under MCL

700.3953; only in an estate being administered under a will admitted to probate in an

informal proceeding. The petition may not contain a request for a determination of the

decedent testacy status in a formal proceeding.

(3) Discharge. A personal representative may petition for discharge from liability with

notice to the interested persons. A personal representative who files such a petition

with the court must also file the documents described in MCR 5.310(C) and (D), as

applicable, proofs of service of those documents that are required to be served on

interested persons, and such other documents as the court may require. The court may

order the personal representative discharged if the court is satisfied that the personal

representative has properly administered the estate.

(4) Other Requests for Relief. With respect to other requests for relief, the petitioner

must file appropriate documents to support the request for relief.

(5) Order. If the estate administration is completed, the order entered under MCL

700.3952 or MCL 700.3953 shall, in addition to any other relief, terminate the

personal representative's authority and close the estate.

Chapter 5. Probate Court Page 545 Updated June 21, 2024

the personal representative shall proceed to close the estate by filing a petition under MCL

700.3952 or MCL 700.3953 or a supplemental closing statement under MCL 700.3954. If

a supplemental closing statement is filed, the personal representative must serve a copy on

each interested person. If an objection is not filed within 28 days, the personal

representative is entitled to receive a supplemental certificate of completion.

ULE 5.312 REOPENING DECEDENT ESTATE

(A) Reopening by Application. If there is good cause to reopen a previously administered

estate, other than an estate that was terminated in supervised administration, any interested

person may apply to the register to reopen the estate and appoint the former personal

representative or another person who has priority. For good cause and without notice, the

has priority, and issue letters of authority with a specified termination date.

(B) Reopening by Petition. The previously appointed personal representative or an

interested person may file a petition with the court to reopen the estate and appoint a

personal representative under MCL 700.3959.

calculation, the inventory filing, the inventory fee payment, and the notice of continued

administration are due, a reopened decedent estate is to be treated as a new case.

ULE 5.313 COMPENSATION OF ATTORNEYS

(A) Reasonable Fees and Costs. An attorney is entitled to receive reasonable

compensation for legal services rendered on behalf of a personal representative, and to

reimbursement for costs incurred in rendering those services. In determining the

reasonableness of fees, the court must consider the factors listed in MRPC 1.5(a). The

court may also take into account the failure to comply with this rule.

(B) Written Fee Agreement. At the commencement of the representation, the attorney and

the personal representative or the proposed personal representative must enter into a

written fee agreement signed by them. A copy of the agreement must be provided to the

personal representative.

representative must maintain time records for services that must reflect the following

information: the identity of the person performing the services, the date the services are

performed, the amount of time expended in performing the services, and a brief

description of the services.

(D) Notice to Interested Persons. Within 14 days after the appointment of a personal

representative or the retention of an attorney by a personal representative, whichever is

later, the personal representative must serve on the interested persons whose interests will

Chapter 5. Probate Court Page 546 Updated June 21, 2024

be affected by the payment of attorney fees, a notice on a form approved by the State

Court Administrator and a copy of the written fee agreement. The notice must state:

(1) the anticipated frequency of payment,

(2) that the person is entitled to a copy of each statement for services or costs upon

request,

(3) that the person may object to the fees at any time prior to the allowance of fees by

the court,

(4) that an objection may be made in writing or at a hearing and that a written

objection must be filed with the court and a copy served on the personal representative

or attorney.

(E) Payment of Fees. A personal representative may make, and an attorney may accept,

payments for services and costs, on a periodic basis without prior court approval if prior to

the time of payment

(1) the attorney and personal representative have entered a written fee agreement;

(2) copies of the fee agreement and the notice required by subrule (D) have been sent

to all interested persons who are affected;

(3) a statement for services and costs (containing the information required by subrule

[C]) has been sent to the personal representative and each interested person who has

requested a copy of such statement; and

(4) no written, unresolved objection to the fees, current or past, has been served on the

attorney and personal representative.

In all other instances, attorney fees must be approved by the court prior to payment.

Costs may be paid without prior court approval. Attorney fees and costs paid without

prior court approval remain subject to review by the court.

(F) Claims for compensation, Required Information. Except when the compensation is

consented to by all the parties affected, the personal representative must append to an

accounting, petition, or motion in which compensation is claimed a statement containing

the information required by subrule (C).

(G) Contingent Fee Agreements under MCR 8.121. Subrules (C), (E), and (F) of this rule

do not apply to a contingent fee agreement between a personal representative and an

attorney under MCR 8.121.

Chapter 5. Probate Court Page 547 Updated June 21, 2024

SUBCHAPTER 5.400 GUARDIANSHIP, CONSERVATORSHIP, AND PROTECTIVE ORDER

ROCEEDINGS

RULE 5.401 GENERAL PROVISIONS

This subchapter governs guardianships, conservatorships, and protective order

proceedings. The other rules in chapter 5 also apply to these proceedings unless they conflict with

rules in this subchapter. Except as modified in this subchapter, proceedings for guardianships of

adults and minors, conservatorships, and protective orders shall be in accordance with the Estates

and Protected Individuals Code, 1998 PA 386 and, where applicable, the Michigan Indian Family

Preservation Act, MCL 712B.1 et seq., the Indian Child Welfare Act, 25 USC 1901 et seq., or the

Mental Health Code, 1974 PA 258, as amended.

ULE 5.402 COMMON PROVISIONS

(A) Petition; Multiple Prayers. A petition for the appointment of a guardian or a

conservator or for a protective order may contain multiple prayers for relief.

(B) Petition by Minor. A petition and a nomination for the appointment of a guardian or

conservator of a minor may be executed and made by a minor 14 years of age or older.

giving notice of hearing. Regardless of statutory provisions, an interested person may be

served the notice by mail, personal service, or when necessary, publication. However, if

the person who is the subject of the petition is 14 years of age or older, notice of the initial

hearing must be served on the person personally unless another method of service is

specifically permitted in the circumstances.

(D) Letters of Authority. After entering an order appointing a fiduciary, the court must

issue letters of authority after an acceptance of appointment is filed, and if ordered, the

filing of the fiduciary’s bond. The letters of authority shall be issued on a form approved

by the state court administrator. Any restriction or limitation of the powers of a guardian

or conservator must be set forth in the letters of authority.

(E)Indian Child; Definitions, Jurisdiction, Notice, Transfer, Intervention.

(1)If an Indian child, as defined by the Michigan Indian Family Preservation Act, is

the subject of a guardianship proceeding, the definitions in MCR 3.002 shall control.

(2)If an Indian child is the subject of a petition to establish guardianship of a minor

and an Indian tribe has exclusive jurisdiction as defined in MCR 3.002(6), the matter

shall be dismissed.

(3)If an Indian child is the subject of a petition to establish guardianship of a minor

and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6),

the court shall ensure that the petitioner has given notice of the proceedings to the

Chapter 5. Probate Court Page 548 Updated June 21, 2024

persons prescribed in MCR 5.125(A)(8) and (C)(20) in accordance with MCR

5.109(1).