MSC acts on MCRs, e-filing for Wayne Circuit, names probate chief judges

In orders release late yesterday, the Michigan Supreme Court:

• amended MCR 3.705, Issuance of Personal Protection Orders. According to the staff comment accompanying the amendment, the Court amended MCR 3.705 “to allow sufficient time for a respondent to file a written motion and offer of proof at least 24 hours before a hearing as required by statute.

  “MCL 600.2950a(4) requires that a respondent who wants to introduce evidence covered by the rape shield provision of MCL 750.520j submit a notice and offer of proof at least 24 hours before the hearing.

  “Before adoption of this amendment, the rule’s one-day notice of hearing requirement would not have provided the respondent 24 hours within which to submit the offer of proof, so the SBM Domestic Violence Committee recommended that the rule be amended to change the time provision regarding notice of hearing for a sexual assault PPO to two days instead of one day.”

  The amendment has immediate effect but the Court will receive comments until June 1, 2011. ADM File No. 2010-36.

• proposed an amendment to MCR 3.707, Modification, Termination, or Extension of Personal Protection Orders. The staff comment explains that the proposed amendment “would clarify that the right to bring a motion to modify or terminate a personal protection order as established by MCR 3.707 applies to ex parte PPOs.” ADM File No. 2010-17.
• declined to adopt proposed amendments of MCR 7.212 and 7.215. The proposed amendments, submitted by the State Bar of Michigan Appellate Practice Section, would have eliminated the requirement to provide a copy of an unpublished Court of Appeals decision if that decision was issued after July 1, 1996, and a case number is provided. Adm File No. 2009-22.
• declined to adopt a proposed amendment to MCR 2.002. The proposed amendment would have clarified that if a party files a frivolous or malicious action, a court may deny the indigent party’s ability to proceed in forma pauperis. ADM File No. 2008-12.
• announced an e-filing pilot project for the Wayne County Circuit Court. Administrative Order 2011-1 establishes a five-year pilot project “to study the effectiveness of electronically filing court documents in lieu of traditional paper filings.” ADM File No. 2002-37.
• appointed chief judges to to the probate courts in Tuscola and Leelanau counties. The Honorable Amanda L. Roggenbuck was appointed chief judge of the Tuscola County Probate Court. The Honorable Larry J. Nelson was appointed chief judge of the Leelanau County Probate Court. ADM File No. 2011-01.