Michigan Court Rules dealing with jurors, personal protection orders and appointed counsel in child protective proceedings have been amended effective Jan. 1, 2012.
Here’s what you need to know, as explained by the staff comment accompanying the rule changes. As always, “The staff comment is not an authoritative construction by the Court.”
- Amendment of MCR 2.511 – Impaneling the Jury
Staff Comment: Because MCL 600.1337 requires a court to discharge an unqualified juror regardless whether a party challenges the juror for cause, the amendment of MCR 2.511 clarifies that the discharge must be made when the court learns that the juror is not qualified to serve.
ADM File No. 2010-11
- Amendment of MCR 3.707 – Modification, Termination, or Extension of Personal Protection Orders
Staff Comment: The amendment of MCR 3.707 clarifies that the right to bring a motion to modify or terminate a personal protection order within 14 days after the order enters applies to ex parte PPOs only, not those orders that enter following a full hearing. In addition, for a respondent to file a motion to modify or terminate a PPO more than 14 days after its issuance, this amendment requires the respondent to show good cause.
ADM File No. 2010-17
- Amendment of MCR 3.915 – Appointed Counsel in Child Protective Proceedings
Staff Comment: The amendment of MCR 3.915 clarifies that counsel should be appointed for a parent even at the preliminary hearing of a child protective proceeding.
ADM File No. 2011-04