MCR Administrative Rules of Court

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MCR Administrative Rules of Court

Subchapter 8.100 General Administrative Orders

Rule 8.101 Applicability of Administrative Rules

The administrative rules of subchapter 8.100 apply to all courts established by the

constitution and laws of Michigan, unless a rule otherwise provides.

Rule 8.103 State Court Administrator

The state court administrator, under the Supreme Court's supervision and direction,

shall:

(1) supervise and examine the administrative methods and systems employed

in the offices of the courts, including the offices of the clerks and other officers,

and make recommendations to the Supreme Court for the improvement of the

administration of the courts;

(2) examine the status of court calendars, determine the need for assistance to

a court, and report to the Supreme Court;

(3) on receipt of the quarterly reports as provided in MCR 8.110(C)(5),

investigate each case in an effort to determine the reason for delays,

recommend actions to eliminate delays, and recommend further actions to

expedite process to insure speedy trials of criminal cases;

(4) recommend to the Supreme Court the assignment of judges where courts

are in need of assistance and carry out the direction of the Supreme Court as to

the assignment of judges;

(5) collect and compile statistical and other data, make reports of the business

transacted by the courts, and transmit the reports to the Supreme Court so that

the statistics and other data may be used in taking proper action in the

administration of justice;

(6) prepare and submit budget estimates of state appropriations necessary for

the maintenance and operation of the judicial system;

(7) obtain reports from courts, and the judges, clerks, and other officers of the

courts, in accordance with rules adopted by the Supreme Court on cases and

other judicial business conducted or pending in the courts, and report on them

to the Supreme Court;

(8) recommend to the Supreme Court policies for the improvement of the

judicial system;

(9) approve and publish forms as required by these rules, and such other

recommended forms as the administrator deems advisable; and

(10) attend to other matters assigned by the Supreme Court.

Rule 8.104 Judicial Meetings

(A) Meetings to be Called by State Court Administrator. The state court

administrator, under the Supreme Court's supervision and direction, may call

(1) an annual statewide meeting of the circuit, recorder's, and Court of Appeals

judges;

(2) an annual statewide meeting of the probate judges;

(3) an annual statewide meeting of the district judges; and

(4) additional statewide or regional meetings of judges as may be desirable.

(B) Presiding Officer. The Chief Justice of the Supreme Court or another person

designated by the Chief Justice shall preside at judicial meetings called by the state

court administrator.

secretary at judicial meetings called by the state court administrator.

(D) Purposes. At the meetings, the judges are to

(1) study the organization, rules, methods of procedure, and practice of the

judicial system in general;

(2) study the problems of administration confronting the courts and judicial

system in general; and

(3) make recommendations for

(a) modifying or ameliorating existing conditions,

(b) harmonizing and improving laws, and

Rule 8.105 General Duties of Clerks

(A) Office Hours. The office of the clerk of every court of record must be open, and

the clerk or deputy clerk must be in attendance, during business hours on all days

except Saturdays, Sundays, and legal holidays, and at other times that the court is

in session.

(B) Court Records and Reporting Duties. The clerk of every circuit court shall

maintain court records and make reports as prescribed by MCR 8.119.

written opinion or findings filed or entered in a civil action in a court of record must

be given forthwith in writing by the court clerk to the attorneys of record in the

case, in the manner provided in MCR 2.107.

(D) Filing of Assurance of Discontinuance Under MCL 445.870. The clerk of every

judicial circuit shall, without charge, receive and file an assurance of discontinuance

accepted by the Attorney General under MCL 445.870.

Rule 8.106 Money Paid Into Court

(A) When Court Order Required. Except as otherwise provided by law or when the

money is in the form of cash bonds, the clerk may not perform services in handling

money under MCL 600.2529(1)(f) without a signed order of the court.

(B) Disposition of Interest Earned. If the clerk deposits money in an interestbearing account, the clerk retains as a fee one-tenth of the interest earned, but not

more than $100 each year or part of the year. The fee must be deposited in the

county general fund, as required by law. The balance of the interest earned and the

principal must be disbursed to the persons entitled to the balance.

money is directed to be deposited must be kept in a single trust fund, with the

designation of the rights in the fund appearing on the court's records.

(D) Orders to Pay out Funds. Orders on the banks for the payment of money out of

court are made payable to the order of the person entitled to the money or of that

person's duly authorized attorney, and must specify in what action or on what

account the money is to be paid out, and the time when the judgment or order

authorizing the payment was made.

(E) NSF Checks. A court may assess costs for reasonable expenses incurred for

checks returned to the court due to nonsufficient funds.

Rule 8.107 Statement by Trial Judge as to Matters Undecided

(A) Time. Matters under submission to a judge or judicial officer should be promptly

determined. Short deadlines should be set for presentation of briefs and affidavits

and for production of transcripts. Decisions, when possible, should be made from

the bench or within a few days of submission; otherwise a decision should be

rendered no later than 35 days after submission. For the purpose of this rule, the

time of submission is the time the last argument or presentation in the matter was

made, or the expiration of the time allowed for filing the last brief or production of

transcripts, as the case may be.

(B) Report as to Matters Undecided. On the first business day of January, April,

July, and October of each year, every trial judge shall file a certified statement with

the chief judge in the form prescribed by the state court administrator. The

statement shall provide information on all matters pending during the reporting

period that were not decided within 56 days from submission. The judge shall state

the reason that a decision was not made within 56 days. A report is required

regardless of whether there is any case to report. The chief judge shall sign and

file, or electronically submit, the statement with the state court administrator.

Rule 8.108 Court Reporters and Recorders

(A) Scope of Rule. This rule prescribes the duties of court reporters and recorders,

the procedure for certifying them, the effect of noncertification, objections to

certification, and display requirements.

(B) Attendance at Court; Taking Testimony.

(1) The court reporter or recorder shall attend the court sessions under the

direction of the court and take a verbatim record of the following:

(a) the voir dire of prospective jurors;

(b) the testimony;

(d) in a jury trial, the opening statements and final arguments;

(e) the reasons given by the court for granting or refusing any motion made

by a party during the course of a trial; and

(f) opinions and orders dictated by the court and other matters as may be

prescribed by the court.

This subrule does not apply to actions tried in the small claims division of the

district court or in the municipal courts. In the probate court proceedings, the

reporter or recorder shall take a verbatim record of proceedings as required by

law and chapter 5 of these rules.

(2) The court reporter or recorder who begins to record a case shall take the

record of the entire case unless he or she shows good cause for failure to do so

or is otherwise excused by the court.

trial or the hearing of any case shall prefix the record of the testimony of each

witness with the full name of the witness and the date and time the testimony was

taken. At the conclusion of the trial of the case the reporter or recorder shall secure

all of the records and properly entitle them on the outside, and shall safely keep

them in his or her office.

(D) Transfer of Records; Inspection. If the court reporter or recorder dies, resigns,

is removed from office, or leaves the state, his or her records in each case must be

transferred to the clerk of the court in which the case was tried. The clerk shall

safely keep the records subject to the direction of the court. The records are a part

of the record of each case and are subject to inspection in the same manner as

other records. On order of the court, a transcript may be made from the records

and filed as a part of the record in the case.

(E) Furnishing Transcript. The court reporter or recorder shall furnish without delay,

in legible English, a transcript of the records taken by him or her (or any part

thereof) to any party on request. The reporter or recorder is entitled to receive the

compensation prescribed in the statute on fees from the person who makes the

request.

(F) Filing Transcript.

(1) On order of the trial court, the court reporter or recorder shall make and file

in the clerk's office a transcript of his or her records, in legible English, of any

civil or criminal case (or any part thereof) without expense to either party; the

transcript is a part of the records in the case.

(2) Except when otherwise provided by contract, the court reporter or recorder

shall receive from the appropriate governmental unit the compensation

specified in the statute on fees for a transcript ordered by a court.

(G) Certification.

(1) Certification Requirement.

(a) Only reporters, recorders, or voice writers certified pursuant to this

subrule may record or prepare transcripts of proceedings held in Michigan

courts or of depositions taken in Michigan pursuant to these rules. This rule

applies to the preparation of transcripts of videotaped courtroom

proceedings or videotaped or audiotaped depositions, but not to the

recording of such proceedings or depositions by means of videotaping. An

operator holding a CEO certification under subrule (G)(7)(b) may record

proceedings, but may not prepare transcripts.

(b) Proceedings held pursuant to MCR 6.102 or 6.104 need not be recorded

by persons certified under this rule; however, transcripts of such

proceedings must be prepared by court reporters, recorders, or voice

writers certified pursuant to this rule.

providing free civil legal services to the indigent may use persons who are

not certified pursuant to this rule to transcribe and file depositions taken by

videotaping or audiotaping. Such depositions shall be otherwise prepared

and certified in accordance with this rule.

(d) Any person who acts in the capacity of a court reporter or recorder shall

not maintain an action in the courts of this state for the collection of

compensation for the performance of an act for which certification is

required by this rule without alleging and proving that the person was

certified under this rule at the time of the performance of the act. "Person"

refers to both individuals and the entity or entities for which a court

reporter or recorder performs services.

(e) Any other court rule notwithstanding, an objection to the status of a

court reporter's or recorder's certification or lack thereof must be placed on

the record at the outset of the court proceeding or deposition or that

objection is waived. If the objection is waived, the use of transcripts of the

court proceeding or deposition for any purpose provided in these rules shall

be allowed.

(f) Prior to the beginning of any deposition taken under these rules, the

court reporter or recorder must display to all counsel initially present, and

to each other person attending the deposition who is not represented by

counsel, proof that the reporter or recorder has been certified as required

by this rule. Proof of such certification, by certification number, shall also be

displayed on the title page and certificate page of each court and deposition

transcript and on the stationery and business cards, if any, of each court

reporter or recorder required to be certified by this rule.

(2) Court Reporting and Recording Board of Review.

(a) The Supreme Court shall appoint a Court Reporting and Recording Board

of Review, composed of

(i) a Court of Appeals judge, to be the chairperson;

(ii) a circuit judge;

(iii) a probate judge;

(iv) a district judge;

(v) a court reporter who is an employee of a Michigan court;

(vi) a court recorder who is an employee of a Michigan court;

(vii) a court reporter who is not an employee of a Michigan court;

(viii) a court recorder who is not an employee of a Michigan court; and,

(ix) an attorney.

(b) Appointments to the board shall be for terms of 4 years. A board

member may be reappointed to a new term. Initial appointments may be of

different lengths so that no more than 3 terms expire in the same year. The

Supreme Court may remove a member at any time.

resignation, or removal, or because a member is no longer employed in the

capacity in which he or she was appointed, the board shall notify the

Supreme Court Clerk and the Court shall appoint a successor to serve the

remainder of the term.

(d) The state court administrator shall assign a staff person to serve as

board secretary.

(3) Certification by Testing.

(a) At least twice each year the board shall administer an examination

testing knowledge and speed, and, as to a recorder, operator, or voice

writer, familiarity with basic logging techniques and minor repair and

maintenance procedures. The board shall determine the passing score.

(b) In order to be eligible for registration for an examination, an applicant

must

(i) be at least 18 years of age,

(ii) be a high school graduate, and

(iii) not have been under sentence for a felony for a period of two years.

must have satisfactorily completed a post-high school approved, accredited,

or recognized course of study in court reporting and submit documentation

of same prior to testing.

(d) An applicant for the CER/CSMR/CEO examination must have

satisfactorily completed a post-high school board-approved workshop or

course of study, or other board-approved curriculum and submit

documentation of same prior to testing.

(e) All CERs/CSMRs/CEOs who are fully certified by December 31, 2005, are

exempt from the requirements of subparagraph (d).

(f) The registration fee is $60.

(4) Reciprocal Certification. A reporter, recorder, operator, or voice writer

certified in another state may apply to the board for certification based on the

certification already obtained.

(5) Temporary Certification. A new reporter, recorder, operator, or voice writer

may receive one temporary certification to enable him or her to work until the

results of the next test are released. If the person does not take the test, the

temporary certification may not be extended unless good cause is shown. If the

person takes the test and fails, the board may extend the temporary

certification.

(6) Renewal, Review, and Revocation of Certification.

(a) Certifications under this rule must be renewed annually. The fee for

renewal is $30. Renewal applications must be filed by August 1. A renewal

application filed after that date must be accompanied by an additional late

fee of $100. The board may require certified reporters, recorders,

operators, and voice writers to submit, as a condition of renewal, such

information as the board reasonably deems necessary to determine that the

reporter, recorder, operator, or voice writer has used his or her reporting or

recording skills during the preceding year.

(b) The board must review the certification of a reporter, recorder,

operator, or voice writer who has not used his or her skills in the preceding

year, and shall determine whether the certification of such a reporter,

recorder, operator, or voice writer may be renewed without the necessity of

a certification test.

or voice writer and may impose sanctions, including revoking the

certification, for good cause after a hearing before the board.

(d) If, after a reporter's, recorder's, operator's, or voice writer's certification

is revoked or voided by the board and the reporter, recorder, operator, or

voice writer applies to take the certification examination and passes, the

board may issue a conditional certification for a prescribed period imposing

restrictions or conditions that must be met for continued certification. At the

end of the conditional period, an unconditional certification may be issued.

(7) Designations. The board shall assign an identification number to each

person certified. A court reporter, recorder, operator, or voice writer must place

the identification number assigned on his or her communications with the

courts, including certificates, motions, affidavits, and transcripts. The board will

use the following certification designations:

(a) certified electronic recorder (CER);

(b) certified electronic operator (CEO);

(d) certified voice writer/stenomask reporter (CSMR).

The designations are to be used only by reporters, recorders, operators, or voice

writers certified by the board. A reporter, recorder, operator, or voice writer may be

given more than one designation by passing different tests.

Rule 8.109 Mechanical Recording of Court Proceedings

(A) Official Record. If a trial court uses audio or video recording devices for making

the record of court proceedings, it shall use only recording devices that meet the

standards as published by the State Court Administrative Office.

(B) Other Recordings. On motion of an attorney or of a party appearing on his or

her own behalf, a court may permit audio recording of a part or all of a proceeding

and may permit photographic recording of visual exhibits. The court may regulate

the manner of audio or photographic recording so that it does not disrupt the

proceeding. An audio or photographic recording made under this rule may be used

solely to assist in the prosecution or defense during the proceeding recorded; it

may not be used publicly.

Rule 8.110 Chief Judge Rule

(A) Applicability. This rule applies to all trial courts: i.e., the judicial circuits of the

circuit court, the districts of the district court, the probate court in each county or a

probate district established by law, and the municipal courts.

(B) Chief Judge, Chief Judge Pro Tempore, and Presiding Judges of Divisions.

(1) The Supreme Court shall select a judge of each trial court to serve as chief

judge. No later than September 1 of each odd-numbered year, each trial court

with two or more judges may submit the names of no fewer than two judges

whom the judges of that court recommend for selection as chief judge.

(2) Unless a chief judge pro tempore or presiding judge is named by the

Supreme Court, the chief judge shall select a chief judge pro tempore and a

presiding judge of any division of the trial court. The chief judge pro tempore

and any presiding judges shall fulfill such functions as the chief judge assigns.

(3) The chief judge, chief judge pro tempore, and any presiding judges shall

serve a two-year term beginning on January 1 of each even-numbered year,

provided that the chief judge serves at the pleasure of the Supreme Court and

the chief judge pro tempore and any presiding judges serve at the pleasure of

the chief judge.

(4) Where exceptional circumstances exist, the Supreme Court may appoint a

judge of another court to serve as chief judge of a trial court.

(1) A chief judge shall act in conformity with the Michigan Court Rules,

administrative orders of the Supreme Court, and local court rules, and should

freely solicit the advice and suggestions of the other judges of his or her bench

and geographic jurisdiction. If a local court management council has adopted

the by-laws described in AO 1998-5 the chief judge shall exercise the authority

and responsibilities under this rule in conformity with the provisions of AO

1998-5.

(2) As the presiding officer of the court, a chief judge shall:

(a) call and preside over meetings of the court;

(b) appoint committees of the court;

position on external matters affecting the court;

(d) meet regularly with all chief judges whose courts are wholly or partially

within the same county;

(e) represent the court in its relations with the Supreme Court, other

courts, other agencies of government, the bar, the general public, and the

news media, and in ceremonial functions;

(f) counsel and assist other judges in the performance of their

responsibilities; and

(g) cooperate with all investigations conducted by the Judicial Tenure

Commission.

(3) As director of the administration of the court, a chief judge shall have

administrative superintending power and control over the judges of the court

and all court personnel with authority and responsibility to:

(a) supervise caseload management and monitor disposition of the judicial

work of the court;

(b) direct the apportionment and assignment of the business of the court,

subject to the provisions of MCR 8.111;

determine the number of judges and court personnel required to be present

at any one time to perform necessary judicial administrative work of the

court, and require their presence to perform that work;

(d) supervise the performance of all court personnel, with authority to hire,

discipline, or discharge such personnel, with the exception of a judge's

secretary and law clerk, if any;

(e) coordinate judicial and personnel vacations and absences, subject to the

provisions of subrule (D);

(f) supervise court finances, including financial planning, the preparation

and presentation of budgets, and financial reporting;

(g) request assignments of visiting judges and direct the assignment of

matters to the visiting judges;

(h) effect compliance by the court with all applicable court rules and

provisions of the law; and

(i) perform any act or duty or enter any order necessarily incidental to

carrying out the purposes of this rule.

(4) If a judge does not timely dispose of his or her assigned judicial work or

fails or refuses to comply with an order or directive from the chief judge made

under this rule, the chief judge shall report the facts to the state court

administrator who will, under the Supreme Court's direction, initiate whatever

corrective action is necessary.

(5) The chief judge of the court in which criminal proceedings are pending shall

have filed with the state court administrator a quarterly report listing the

following cases in a format prescribed by the state court administrator:

(a) felony cases in which there has been a delay of more than 301 days

between the order binding the defendant over to circuit court and

adjudication;

(b) misdemeanor cases and cases involving local ordinance violations that

have criminal penalties in which there has been a delay of more than 126

days between the date of the defendant's first appearance on the warrant

and complaint or citation and adjudication;

periods of delay

(1) between the time a preadjudication warrant is issued and a

defendant is arraigned;

(2) between the time a defendant is referred for evaluation to

determine whether he or she is competent to stand trial and the receipt

of the report; or

(3) during the time a defendant is deemed incompetent to stand trial.

(4) during the time an order is in effect that stays the disposition or

proceedings of the case pending interlocutory appellate review.

(6) A chief judge may delegate administrative duties to a trial court

administrator or others.

(7) Where a court rule or statute does not already require it, the chief judge

may, by administrative order, direct the clerk of the court to provide litigants

and attorneys with copies of forms approved by the state court administrator.

In addition, except when a court rule or statute specifies that the court or clerk

of the court must provide certain forms without charge, the administrative

order may allow the clerk to provide the forms at the cost of reproduction to the

clerk.

(D) Court Hours; Court Holidays; Judicial Absences.

(1) Court Hours. The chief judge shall enter an administrative order under MCR

8.112(B) establishing the court's hours.

(2) Court Holidays; Local Modification.

(a) The following holidays are to be observed by all state courts, except

those courts which have adopted modifying administrative orders pursuant

to MCR 8.112(B):

New Year's Day, January 1;

Martin Luther King, Jr., Day, the third Monday in January in conjunction

with the federal holiday;

Presidents' Day, the third Monday in February;

Memorial Day, the last Monday in May;

Independence Day, July 4;

Labor Day, the first Monday in September;

Veterans' Day, November 11;

Thanksgiving Day, the fourth Thursday in November; Friday after

Thanksgiving;

Christmas Eve, December 24;

Christmas Day, December 25;

New Year's Eve, December 31;

(b) When New Year's Day, Independence Day, Veterans' Day, or Christmas

Day falls on Saturday, the preceding Friday shall be a holiday. When New

Year's Day, Independence Day, Veterans' Day, or Christmas Day falls on

Sunday, the following Monday shall be a holiday. When Christmas Eve or

New Year's Eve falls on Friday, the preceding Thursday shall be a holiday.

When Christmas Eve or New Year's Eve falls on Saturday or Sunday, the

preceding Friday shall be a holiday.

appropriate to accommodate or achieve uniformity with the holiday

practices of local governmental units regarding local public employees.

(d) With the prior approval of the chief judge, a judge may continue a trial

in progress or dispose of judicial matters on any of the listed holidays if he

or she finds it to be necessary.

(e) Any action taken by a court on February 12, Lincoln's birthday, or on

the second Monday in October, Columbus Day, shall be valid.

(3) Judicial Vacation Standard. A judge is expected to take an annual vacation

leave of 20 days with the approval of the chief judge to ensure docket

coordination and coverage. A judge may take an additional 10 days of annual

vacation leave with the approval of the chief judge. A maximum of 30 days of

annual vacation unused due to workload constraints may be carried from one

calendar year into the first quarter of the next calendar year and used during

that quarter, if approved by the chief judge. Vacation days do not include:

(a) attendance at Michigan judicial conferences;

(b) attendance, with the chief judge's approval, at educational meetings or

seminars;

committees or committees substantially related to judicial administration of

justice;

(d) absence due to illness; or

(e) administrative leave, with the chief judge's approval.

(4) Judicial Education Leave Standard. A judge is expected to take judicial

education leave of 2 weeks every 3 years to participate in continuing legal

education and training at Michigan judicial training programs and nationally

recognized judicial education programs, including graduate and refresher

courses. Judicial education leave does not include judicial conferences for which

attendance is required. The use of judicial education leave approved by the

chief judge does not affect a judge's annual leave.

(5) Judicial Professional Leave Standard. Judges are encouraged, as part of

their regular judicial responsibilities, to participate in professional meetings and

conferences that advance the administration of justice or the public's

understanding of the judicial system; to serve on commissions and committees

of state and national organizations that contribute to the improvement of the

law or that advance the interests of the judicial system; and to serve on

Supreme Court-appointed or in-house assignments or committees. The use of

judicial professional leave approved by the chief judge does not affect a judge's

annual leave or education leave.

(6) Approval of Judicial Absences. A judge may not be absent from the court

without the chief judge's prior approval, except for personal illness. In making

the decision on a request to approve a vacation or other absence, the chief

judge shall consider, among other factors, the pending caseload of the judge

involved. The chief judge shall withhold approval of vacation, judicial education,

or judicial professional leave that conforms to these standards only if

withholding approval is necessary to ensure the orderly conduct of judicial

business. The chief judge shall maintain records of absences to be available at

the request of the Supreme Court.

Rule 8.111 Assignment of Cases

(A) Application. The rule applies to all courts defined in subrule 8.110(A).

(B) Assignment. All cases must be assigned by lot, unless a different system has

been adopted by local court administrative order under the provisions of subrule

8.112. Assignment will occur at the time the case is filed or before a contested

hearing or uncontested dispositional hearing in the case, as the chief judge directs.

Civil actions must be assigned within appropriate categories determined by the

chief judge. The chief judge may receive fewer assignments in order to perform the

duties of chief judge.

undertake an assigned case, the chief judge may reassign it to another judge by a

written order stating the reason. To the extent feasible, the alternate judge should

be selected by lot. The chief judge shall file the order with the trial court clerk and

have the clerk notify the attorneys of record. The chief judge may also designate a

judge to act temporarily until a case is reassigned or during a temporary absence of

a judge to whom a case has been assigned.

(D) Actions Arising out of Same Transaction or Occurrence. Subject to subrule

8.110(C),

(1) if one of two or more actions arising out of the same transaction or

occurrence has been assigned to a judge, the other action or actions must be

assigned to that judge;

(2) if an action arises out of the same transaction or occurrence as a civil action

previously dismissed or transferred, the action must be assigned to the judge to

whom the earlier action was assigned;

(3) the attorney for the party bringing the other action under subrule (1) or the

new action under subrule (2) shall notify the clerk of the fact in writing in the

manner prescribed in MCR 2.113(C)(2). An attorney who knowingly fails to do

so is subject to disciplinary action.

(4) The chief judge may reassign cases, other than those encompassed by

subrule 8.111(D)(1), in order to correct docket control problems resulting from

the requirements of this rule.

Rule 8.112 Local Court Rules; Administrative Orders

(A) Local Court Rules.

(1) A trial court may adopt rules regulating practice in that court if the rules are

not in conflict with these rules and regulate matters not covered by these rules.

(2) If a practice of a trial court is not specifically authorized by these rules, and

(a) reasonably depends on attorneys or litigants being informed of the

practice for its effectiveness, or

(b) requires an attorney or litigant to do some act in relation to practice

before that court, the practice, before enforcement, must be adopted by the

court as a local court rule and approved by the Supreme Court.

(3) Unless a trial court finds that immediate action is required, it must give

reasonable notice and an opportunity to comment on a proposed local court rule

to the members of the bar in the affected judicial circuit, district, or county. The

court shall send the rule and comments received to the Supreme Court clerk.

(4) If possible, the number of a local court rule supplementing an area covered

by these rules must correspond with the numbering of these rules and bear the

prefix LCR. For example, a local rule supplementing MCR 2.301 should be

numbered LCR 2.301.

(B) Administrative Orders.

(1) A trial court may issue an administrative order governing only internal court

management.

(2) Administrative orders must be sequentially numbered during the calendar

year of their issuance. E.g., Recorder's Court Administrative Orders Nos. 1984-

1, 1984-2.

(3) Before its effective date, an administrative order must be sent to the state

court administrator. If the state court administrator directs, a trial court shall

stay the effective date of an administrative order or shall revoke it. A trial court

may submit such an order to the Supreme Court as a local court rule.

Rule 8.113 Requests for Investigation of Courts

(A) Submission of Request. A request for investigation of a court may be submitted

to the state court administrator.

(B) Action by State Court Administrator. The state court administrator may

(1) attempt to informally resolve the dispute,

(2) inform the complainant that an investigation pursuant to this rule is not

appropriate under the circumstances,

(3) direct the complainant to the Judicial Tenure Commission or the Attorney

Grievance Commission,

(4) request an investigation by the Judicial Tenure Commission or the Attorney

Grievance Commission,

(5) refer a matter to the Supreme Court for possible exercise of the Supreme

Court's power of superintending control over the judiciary, or

(6) take any other appropriate action.

shall cooperate with the state court administrator on request for assistance in

inquiries pursuant to this rule.

(D) Review Prohibited; Action Without Prejudice to Other Proceedings. There is no

appeal from or review of any action taken by the state court administrator under

this rule, but nothing in this rule limits the right of any person to request an

investigation by the Judicial Tenure Commission or the Attorney Grievance

Commission or to file an action for superintending control in an appropriate court.

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

Other Portable Electronic Communication Devices

(A) Display of Flags. The flags of the United States and of the State of Michigan

must be displayed in a conspicuous place adjacent to the bench at all times when

court is in session.

(B) Judicial Robe. When acting in his or her official capacity in the courtroom, a

judge shall wear a black robe.

(1) A facility that contains a courtroom may determine use of electronic

equipment in nonjudicial areas of the facility.

(2) The chief judge may establish a policy regarding the use of cell phones or

other portable electronic communication devices within the court, except that

no photographs may be taken of any jurors or witnesses, and no photographs

may be taken inside any courtroom without permission of the court. The policy

regarding the use of cell phones or other portable electronic communication

devices shall be posted in a conspicuous location outside and inside each

courtroom. Failure to comply with this section or with the policy established by

the chief judge may result in a fine, including confiscation of the device,

incarceration, or both for contempt of court.

Rule 8.116 Sessions of Court

(A) Opening Court; Recesses. A definite time must be set for all court sessions, and

the judge shall promptly open a session. Recesses shall be taken regularly, but

should be short, and court must resume on time.

(B) Participants to be Punctual. Persons having business with a court must be in

court and ready to begin at the opening of the session, and must otherwise be

punctual for all court business.

attorney or party may be heard within a time reasonably close to the scheduled

time, and, except for good cause, the docket shall be called in order.

(D) Access to Court Proceedings.

(1) Except as otherwise provided by statute or court rule, a court may not limit

access by the public to a court proceeding unless

(a) a party has filed a written motion that identifies the specific interest to

be protected, or the court sua sponte has identified a specific interest to be

protected, and the court determines that the interest outweighs the right of

access;

(b) the denial of access is narrowly tailored to accommodate the interest to

be protected, and there is no less restrictive means to adequately and

effectively protect the interest; and

limit access to the proceeding.

(2) Any person may file a motion to set aside an order that limits access to a

court proceeding under this rule, or an objection to entry of such an order. MCR

2.119 governs the proceedings on such a motion or objection. If the court

denies the motion or objection, the moving or objecting person may file an

application for leave to appeal in the same manner as a party to the action.

(3) Whenever the court enters an order limiting access to a proceeding that

otherwise would be public, the court must forward a copy of the order to the

State Court Administrative Office.

Rule 8.117 Case Classification Codes

Use of Case-Type Code. As required by MCR 2.113(C)(1)(c), the plaintiff must

assign one case-type code from a list provided by the State Court Administrator

according to the principal subject matter of the action (not the nature of the

proceedings), and include this code in the caption of the complaint. The case code

must be included in the caption of all papers thereafter filed in the case.

Supplement - effective January 1, 2004

Case classification codes (MCR 8.117) are no longer part of the Michigan Court

Rules, but are provided by the State Court Administrator. A current list is provided

here for the convenience of the readers.

Case Type Codes Approved by the State Court Administrative Office in accordance

with MCR 8.117 and published as Component 39 of the Michigan Trial Court Case

File Management Standards (for an electronic copy of the standards, see

www.courts.mi.gov/supremecourt).

(A) Circuit Court Case Type Code List. The following case type code list must be

used in circuit court as provided in Component 1 of the Michigan Trial Court Case

File Management Standards. The bracketed letters are the case type codes.

(1) Appeals.

(a) Agencies [AA]. All matters from administrative agencies other than the

Michigan Employment Security Commission and the Michigan Secretary of

State.

(b) Employment Security Commission [AE]. All matters regarding Michigan

Employment Security Commission actions.

(d) Criminal Appeals [AR]. All criminal appeals from a lower court when filed

in a higher court.

(e) Civil Appeals [AV]. All civil appeals from a lower court when filed in a

higher court.

(2) Administrative Review, Superintending Control, Extraordinary Writs.

(a) Habeas Corpus [AH]. All writs of habeas corpus except habeas corpus to

obtain custody of a child.

(b) Licensing and Vehicles [AL]. All matters regarding Secretary of State

actions.

control or supervisory control powers of the court.

(d) Writs [AW]. All actions for mandamus and quo warranto and other writs.

(3) Criminal.

(a) Extradition/Detainer [AX]. All extradition and detainer matters initiated

by Michigan to other states.

(b) Capital Felonies [FC]. Capital felony cases, in which life sentence is

possible and a larger number of peremptory jury challenges is provided.

(d) Juvenile Felonies [FJ]. Felony offenses committed by juveniles and

waived to the criminal division of the circuit court under MCR 5.950.

Includes life offenses committed by juveniles in which the prosecuting

attorney has authorized the filing of a criminal complaint and warrant under

MCR 6.907 instead of proceeding in the family division of the circuit court.

(4) Civil Damage Suits.

(a) Property Damage, Auto Negligence [ND]. All complaints of property

damage but not personal injury involving the use of a motor vehicle.

(b) No-Fault Automobile Insurance [NF]. All claims for first-party personal

protection benefits and first-party property protection benefits under the

no-fault automobile insurance act.

malpractice.

(d) Personal Injury, Auto Negligence [NI]. All complaints of personal injury,

or personal injury and property damage, involving the use of a motor

vehicle.

(e) Other Professional Malpractice [NM]. All claims involving professional

malpractice other than health care provider malpractice.

(f) Other Personal Injury [NO]. All other claims involving liability for

personal injury not otherwise coded.

(g) Products Liability [NP]. All claims involving products liability.

(h) Dramshop Act [NS]. All claims involving liability under the liquor control

code.

(i) Other Damage Suits [NZ]. All other claims for damages.

(5) Other Civil Matters.

(a) Business Claims [CB]. All claims involving partnership termination and

other business accountings.

(b) Condemnation [CC]. All condemnation proceedings.

discrimination.

(d) Environment [CE]. All environmental matters such as zoning, pollution,

etc.

(e) Forfeiture Claims [CF]. All claims of interest in property seized under the

Controlled Substance Act which may be subject to forfeiture.

(f) Housing and Real Estate [CH]. All housing, real estate, foreclosure, land

contracts, and other property proceedings (except landlord-tenant and land

contract summary proceedings).

(g) Contracts [CK]. All proceedings involving contractual obligations not

otherwise coded.

(h) Labor Relations [CL]. All labor-management matters except employment

discrimination.

(i) Antitrust, Franchising, and Trade Regulation [CP]. All complaints

regarding unlawful trade practices including but not limited to pricing and

advertising of consumer items, regulation of watercraft, restraint of trade

and monopolies, Consumer Protection Act, Farm and Utility Equipment

Franchise Act, franchise investment law, motor vehicle dealer agreements,

and the Motor Fuel Distribution Act.

(j) Corporate Receivership [CR]. All corporate receivership proceedings.

(k) General Civil [CZ]. All other civil actions not otherwise coded.

(l) Proceedings to Restore, Establish, or Correct Records [PC]. All

proceedings to restore, establish or correct records which are assigned a

new case number (not brought under an existing case).

(m) Claim and Delivery [PD]. All complaints to recover personal property

which are assigned a new case number (not brought under an existing

case).

(n) Receivers in Supplemental Proceedings [PR]. All proceedings appointing

a receiver which are assigned a new case number (not brought under an

existing case).

(o) Supplemental Proceedings [PS]. All supplemental proceedings which are

assigned a new case number (not brought under an existing case).

(p) Miscellaneous Proceedings [PZ]. All other matters assigned a new case

number (not brought under an existing case), including the following

matters: grand jury and multi-county grand jury.

(6) Family Division - Domestic Relations.

(a) Custody [DC]. All habeas corpus to obtain custody of a child; order to

show cause for custody of a child; other custody, or custody and support

proceedings when no divorce action has been filed; or actions under the

Uniform Child Custody Jurisdiction Enforcement Act. Also used for

intrastate transfers of postjudgment custody or custody and support

proceedings where no divorce action has been filed.

(b) Divorce, Minor Children [DM]. All complaints for divorce, separate

maintenance, or annulment when minor children are involved. Also used

for intrastate transfers of postjudgment divorce; divorce and custody; or

divorce, custody, and support complaints when minor children are involved.

(f) Housing and Real Estate [CH]. All housing, real estate, foreclosure, land

contracts, and other property proceedings (except landlord-tenant and land

contract summary proceedings).

(g) Contracts [CK]. All proceedings involving contractual obligations not

otherwise coded.

(h) Labor Relations [CL]. All labor-management matters except employment

discrimination.

(i) Antitrust, Franchising, and Trade Regulation [CP]. All complaints

regarding unlawful trade practices including but not limited to pricing and

advertising of consumer items, regulation of watercraft, restraint of trade

and monopolies, Consumer Protection Act, Farm and Utility Equipment

Franchise Act, franchise investment law, motor vehicle dealer agreements,

and the Motor Fuel Distribution Act.

(j) Corporate Receivership [CR]. All corporate receivership proceedings.

(k) General Civil [CZ]. All other civil actions not otherwise coded.

(l) Proceedings to Restore, Establish, or Correct Records [PC]. All

proceedings to restore, establish or correct records which are assigned a

new case number (not brought under an existing case).

(m) Claim and Delivery [PD]. All complaints to recover personal property

which are assigned a new case number (not brought under an existing

case).

(n) Receivers in Supplemental Proceedings [PR]. All proceedings appointing

a receiver which are assigned a new case number (not brought under an

existing case).

(o) Supplemental Proceedings [PS]. All supplemental proceedings which are

assigned a new case number (not brought under an existing case).

(p) Miscellaneous Proceedings [PZ]. All other matters assigned a new case

number (not brought under an existing case), including the following

matters: grand jury and multi-county grand jury.

(6) Family Division - Domestic Relations.

(a) Custody [DC]. All habeas corpus to obtain custody of a child; order to

show cause for custody of a child; other custody, or custody and support

proceedings when no divorce action has been filed; or actions under the

Uniform Child Custody Jurisdiction Enforcement Act. Also used for

intrastate transfers of postjudgment custody or custody and support

proceedings where no divorce action has been filed.

(b) Divorce, Minor Children [DM]. All complaints for divorce, separate

maintenance, or annulment when minor children are involved. Also used

for intrastate transfers of postjudgment divorce; divorce and custody; or

divorce, custody, and support complaints when minor children are involved.

(m)Transfer UIFSA [UT]. All intrastate transfers of postjudgment support

enforcement proceedings incoming from another state under the Uniform

Interstate Family Support Act.

(n) Registration of Income Withholding Orders [UW]. All incoming

registrations of another state’s orders for the specific purpose of income

withholding.

(7) Family Division - Proceedings under Juvenile Code.

(a) Designated Juvenile Offenses [DJ]. All juvenile offenses designated by

the prosecutor or court to be heard in the family division of circuit court in

the same manner as an adult criminal case is heard in the criminal division

of the circuit court.

(b) Delinquency Proceedings [DL]. All delinquency proceedings initiated by

petition under the juvenile code or initiated by Uniform Law Citation for

various minor offenses not in the Motor Vehicle Code.

under the juvenile code, MCL 712A.19a and MCL 712A.19c.

(d) Child Protective Proceedings [NA]. All child protective proceedings

initiated by petition under the juvenile code.

(e) Personal Protection Actions Brought Under the Juvenile Code [PJ]. All

petitions seeking a personal protection order against a respondent under

the age of 18. Includes proceedings conducted for violation of personal

protection orders issued under the juvenile code when heard by a county

other than the county that issued the personal protection order.

(f) Traffic and Local Ordinance [TL]. All traffic and local ordinance issued on

a Uniform Law Citation under the Motor Vehicle Code or local corresponding

ordinance.

(8) Family Division - Proceedings under Adoption Code.

(a) Adult Adoptions [AB]. All petitions for adult adoption.

(b) Agency International Adoptions [AC]. All petitions for foreign children

adoption.

adoption including temporary placements prior to filing of petition for direct

placement.

(d) Relative Adoptions [AF]. All petitions for adoption of a minor by a

relative within the fifth degree of consanguinity including a relative

guardian, but not including step-parent or direct placement adoptions.

(e) Safe Delivery of Newborn Adoptions [AG] - All petitions for adoption of a

child where the parental rights of at least one of the parents was terminated

under the safe delivery of newborn act.

(f) Permanent Ward Adoptions (state ward or court ward) [AM]. All petitions

for adoption of a state or court ward where the parental rights of at least

one of the parents was terminated under the juvenile code.

(g) Non Relative Guardian Adoptions [AN]. All petitions for adoption of a

minor by a guardian who is not a relative.

(h) Other Adoptions [AO]. All other petitions for adoption of a minor not

otherwise designated.

(i) Step-Parent Adoptions [AY]. All petitions for adoption of a minor by a

step-parent.

(j) Release to Adopt; No Case [RB]. All releases to adopt; no case pending.

(k) Release to Adopt [RL]. All releases to adopt; result of a child protective

case.

(9) Family Division - Miscellaneous Proceedings.

(a) Emancipation of Minor [EM]. All emancipation proceedings initiated

under the status of minors and emancipation act.

(b) Infectious Disease [ID]. All proceedings under the public health code for

treatment of infectious disease or testing for infectious disease.

newborn child surrendered under the Safe Delivery of Newborns act (MCL

712.1 et seq.).

(d) Name Change [NC]. All name change proceedings.

(e) Personal Protection Against Stalking [PH]. All personal protection

proceedings under MCL 600.2950a when there is no domestic relationship

between the parties and the respondent is not under the age of 18.

(f) Personal Protection in Domestic Relationships [PP]. All personal

protection proceedings under MCL 600.2950 and/or MCL 600.2950a when

there is a domestic relationship between the parties and the respondent is

not under the age of 18.

(g) Waiver of Parental Consent to Obtain Abortion [PW]. All waiver of

parental consent proceedings under the parental rights restoration act.

(h) Violation Proceedings on Out-of-County Personal Protection Order -

Revised Judicature Act [VP]. All proceedings conducted for violation of

personal protection orders issued under MCL 600.2950 or MCL 600.2950a

when heard by a county other than the county that issued the personal

protection order. This case is filed as "In the Matter of."

(10) Family Division - Ancillary Proceedings. Use case type codes listed in (C)

for matters filed in the probate court which may alternatively be filed in the

family division of circuit court as an ancillary proceeding.

(11) Court of Claims.

(a) Highway Defect [MD]. All claims involving highway defects.

(b) Medical Malpractice [MH]. All claims involving health care provider

malpractice.

not otherwise coded.

(d) Constitutional Claims [MM]. All claims for money damages brought

under the Michigan Constitution.

(e) Prisoner Litigation [MP]. All claims for money damages against the state

of Michigan filed by state prisoners.

(f) Tax Related Suits [MT]. All claims involving liability for state taxes.

(g) Other Damage Suits [MZ]. All other claims for money damages.

(B) District Court Case Type Code List. The following case type code list must be

used in district court as provided in Component 1 of the Michigan Trial Court Case

File Management Standards. The bracketed letters are the case type codes.

(1) Criminal.

(a) Extradition/Detainer [EX]. All extradition and detainer matters initiated

by Michigan to other states.

(b) Felony Criminal [FY]. All felony non-traffic cases. Includes life offenses

committed by juveniles in which the prosecuting attorney has authorized

the filing of a criminal complaint and warrant under MCR 6.907 instead of

proceeding in the family division of the circuit court, and specified offenses

committed by juveniles and waived to the criminal division of the circuit

court under MCR 5.950.

offenses issued under ordinance.

(d) Statute Misdemeanor Criminal [SM]. All non-traffic misdemeanor

offenses issued under statute.

(2) Traffic.

(a) Felony Drunk Driving [FD]. All felony drunk driving cases.

(b) Felony Traffic [FT]. All felony traffic cases except drunk driving.

misdemeanor offenses issued under ordinance.

(d) Ordinance Civil Infraction Traffic [OI]. All traffic civil infraction offenses

issued under ordinance.

(e) Ordinance Misdemeanor Traffic [OT]. All traffic misdemeanor offenses

issued under ordinance except drunk driving.

(f) Statute Misdemeanor Drunk Driving [SD]. All drunk driving misdemeanor

offenses issued under statute.

(g) Statute Civil Infraction Traffic [SI]. All traffic civil infraction offenses

issued under statute.

(h) Statute Misdemeanor Traffic [ST]. All traffic misdemeanor offenses

issued under statute except drunk driving.

(3) Non-Traffic Civil Infraction and Parking.

(a) Ordinance Parking [OK]. All parking offenses issued under ordinance.

(b) Ordinance Civil Infraction Non-Traffic [ON]. All non-traffic civil infraction

offenses issued under ordinance.

(d) Statute Civil Infraction Non-Traffic [SN]. All non-traffic civil infraction

offenses issued under statute.

(4) Civil Damage Suits.

(a) General Civil [GC]. All civil cases for money damages except small

claims, landlord-tenant, and land contract.

(b) Miscellaneous Civil [GZ]. All non-monetary claims including coroner's

inquests, peace bonds, claim and delivery without money judgment, drug

forfeitures, other summary proceedings not relating to landlord-tenant and

land contract, and proceedings under the public health code for testing for

infectious disease.

not exceed the jurisdictional limit in MCL 600.8401.

(5) Housing and Real Estate Suits.

(a) Landlord-Tenant Summary Proceedings [LT].

(b) Land Contract Summary Proceedings [SP].

used in probate court as provided in Component 1 of theMichigan Trial Court Case

File Management Standards.The bracketed letters are the case type codes.

(1) Estates, Trusts, Wills.

(a) Decedent Estates, Supervised Administration [DA]. All matters involving

decedent estates in which administration is supervised.

(b) Decedent Estates, Unsupervised Administration and Non-Administered

Estates [DE]. All matters involving decedent estates in which either

administration is unsupervised, or the estate is not administered.

determine heirs as a separate proceeding.

(d) Small Estates [PE]. All assignments of estates where gross estate assets

do not exceed $15,000 (as adjusted for inflation).

(e) Trust Registration [TR]. All requests to register trusts.

(f) Trust, Testamentary [TT]. All trusts which take effect on the death of the

settlor.

(g) Trust Inter Vivos [TV]. All trusts which are operative during the lifetime

of the settlor.

(2) Guardianships and Conservatorships.

These case types may also be filed in the family division of circuit court as an

ancillary proceeding.

(a) Adult Conservatorship [CA]. All matters involving conservatorship of

adults.

(b) Minor Conservatorship [CY]. All matters involving conservatorship of

minors.

guardianship of individuals with developmental disability, both adults and

minors.

(d) Adult Guardianship [GA]. All matters involving full guardianship of

incapacitated individuals.

(e) Limited Guardianship of Adult [GL]. All matters involving limited

guardianship of incapacitated individuals.

(f) Minor Guardianship [GM]. All matters involving full guardianship of

minors.

(g) Limited Guardianship of Minor [LG]. All matters involving limited

guardianship of minors.

(h) Protective Orders [PO]. All protective orders requested under the

estates and protected individuals code except when filed in conjunction with

a petition for conservatorship.

(3) Mental Illness Proceedings and Judicial Admission.

These case types may also be filed in the family division of circuit court as an

ancillary proceeding.

(a) Judicial Admission [JA]. All matters involving judicial admission of

individuals with developmental disability.

(b) Mental Illness Proceedings [MI]. All mental illness proceedings brought

under the mental health code.

(4) Civil and Miscellaneous Proceedings.

(a) Delayed Registration of Foreign Birth [BR].

(b) Civil [CZ]. All civil matters commenced under MCR 5.101(C).

court for judicial or administrative action including but not limited to:

appeals; death by accident or disaster; filing of letters by foreign personal

representative; kidney transplants; lost instruments; opening of safe

deposit box; review of adoption subsidy; review of drain commission;

review of mental health financial liability; secret marriage licenses;

substance abuse treatment of minor; support of poor persons; and uniform

gifts to minors act.

Rule 8.119 Court Records and Reports; Duties of Clerks

(A) Applicability. This rule applies to all actions in every trial court except that

subrule (D)(1) does not apply to civil infractions.

(B) Records Standards. The clerk of the court shall comply with the records

standards in this rule and as prescribed by the Michigan Supreme Court.

document the date on which it is filed. Papers filed with the clerk of the court must

comply with Michigan Court Rules and Michigan Supreme Court records standards.

The clerk of the court may reject papers which do not conform to MCR 2.113(C)(1)

and MCR 5.113(A)(1).

(D) Records Kept by the Clerk. The clerk of the court of every trial court shall keep

records in the form and style the court prescribes and in accordance with Michigan

Supreme Court records standards and local court plans. A court may adopt a

computerized, microfilm, or word-processing system for maintaining records that

substantially complies with this subrule.

(1) Indexes and Case Files. The clerk shall keep and maintain records of each

case consisting of a numerical index, an alphabetical index, a register of

actions, and a case file in such form and style as may be prescribed by the

Supreme Court. Each case shall be assigned a case number on receipt of a

complaint, petition, or other initiating document. The case number shall comply

with MCR 2.113(C)(1)(c) or MCR 5.113(A)(1)(b)(ii) as applicable. In addition to

the case number, a separate petition number shall be assigned to each petition

filed under the Juvenile Code as required under MCR 5.113(A)(1)(b)(ii). The

case number (and petition number if applicable) shall be recorded on the

records shall include the following characteristics:

(a) Numerical Index. The clerk shall maintain a numerical index as a list of

consecutive case numbers on which the date of filing and the names of the

parties are recorded. The index may be maintained either as a central index

for all cases filed in the court or as separate lists for particular types of

cases or particular divisions of the court.

(b) Alphabetical Index. The clerk shall maintain a central alphabetical index

or separate alphabetical indexes for particular types of cases or particular

divisions of the court on which the date of filing, names of all parties, and

the case number are recorded.

known as a register of actions. The register of actions shall contain both

pre- and post-judgment information. When a case is commenced, a register

of actions form shall be created. The case identification information in the

alphabetical index shall be entered on the register of actions. In addition,

the following shall be noted chronologically on the register of actions as it

pertains to the case:

(i) the offense (if one);

(ii) the judge assigned to the case;

(iii) the fees paid;

(iv) the date and title of each filed document;

(v) the date process was issued and returned, as well as the date of

service;

(vi) the date of each event and type and result of action;

(vii) the date of scheduled trials, hearings, and all other appearances or

reviews, including a notation indicating whether the proceedings were

heard on the record and the name and certification number of the court

reporter or recorder present;

(viii) the orders, judgments, and verdicts;

(ix) the judge at adjudication and disposition;

(x) the date of adjudication and disposition; and

(xi) the manner of adjudication and disposition.

Each notation shall be brief, but shall show the nature of each paper filed,

each order or judgment of the court, and the returns showing execution.

Each notation shall be dated with not only the date of filing, but with the

date of entry and shall indicate the person recording the action.

(d) Case file. The clerk of the court shall maintain a file folder for each

action, bearing the case number assigned to it, in which the clerk shall keep

all pleadings, process, written opinions and findings, orders, and judgments

filed in the action. Additionally, the clerk shall keep in the file all other

documents prescribed by court rule, statute, or as ordered by the court. If

other records of a case file are maintained separately from the file folder,

the clerk shall keep them as prescribed by case file management standards.

(2) Calendars. The clerk may maintain calendars of actions. A calendar is a

schedule of cases ready for court action that identifies times and places of

activity.

(3) Abolished Records.

(a) Journals. Except for recording marriages, journals shall not be

maintained.

(b) Dockets. A register of actions replaces a docket. Wherever these rules

or applicable statutes require entries on a docket, those entries shall be

entered on the register of actions.

(4) Other Records. The clerk shall keep in such form as may be prescribed by

the court, other papers, documents, materials, and things filed with or handled

by the court including but not limited to wills for safekeeping, exhibits and other

discovery materials, requests for search warrants, marriage records, and

administrative activities.

(E) Access to Records. The clerk may not permit any record or paper on file in the

clerk's office to be taken from it without the order of the court.

(1) Unless access to a file, a document, or information contained in a file or

document is restricted by statute, court rule, or an order entered pursuant to

subrule (F), any person may inspect pleadings and other papers in the clerk's

office and may obtain copies as provided in subrule (E)(2) and (E)(3).

(2) If a person wishes to obtain copies of papers in a file, the clerk shall provide

copies upon receipt of the reasonable cost of reproduction. If the clerk prefers,

the requesting person may be permitted to make copies at personal expense

under the direct supervision of the clerk. Except for copies of transcripts or as

otherwise directed by statute or court rule, a standard fee may be established

for providing copies of papers on file.

(3) A court is not required to create a new record, except to the extent required

by furnishing copies of a file, paper, or record. A court may create a new record

or compilation of records pertaining to case files or case-related information on

request, provided that the record created or compiled does not disclose

information that would otherwise be confidential or restricted by statute, court

rule, or an order entered pursuant to subrule (F).

(4) Every court shall adopt an administrative order pursuant to MCR 8.112(B)

(a) make reasonable regulations necessary to protect its public records and

prevent excessive and unreasonable interference with the discharge of its

functions;

(b) specify the reasonable cost of reproduction of records provided under

subrule (E)(2); and

(F) Sealed Records.

(1) Except as otherwise provided by statute or court rule, a court may not enter

an order that seals courts records, in whole or in part, in any action or

proceeding, unless

(a) a party has filed a written motion that identifies the specific interest to

be protected,

(b) the court has made a finding of good cause, in writing or on the record,

which specifies the grounds for the order, and

the specific interest asserted.

(2) In determining whether good cause has been shown, the court must

(a) the interests of the parties, including, where there is an allegation of

domestic violence, the safety of the alleged or potential victim of the

domestic violence, and

(b) the interest of the public.

(3) The court must provide any interested person the opportunity to be heard

concerning the sealing of the records.

(4) For purposes of this rule, "court records" includes all documents and records

of any nature that are filed with the clerk in connection with the action. Nothing

in this rule is intended to limit the court's authority to issue protective orders

pursuant to MCR 2.302(C). Materials that are subject to a motion to seal a

record in whole or in part shall be held under seal pending the court’s

disposition of the motion.

(5) A court may not seal a court order or opinion, including an order or opinion

that disposes of a motion to seal the record.

(6) Any person may file a motion to set aside an order that disposes of a

motion to seal the record, or an objection to entry of a proposed order. MCR

2.119 governs the proceedings on such a motion or objection. If the court

denies a motion to set aside the order or enters the order after objection is

filed, the moving or objecting person may file an application for leave to appeal

in the same manner as a party to the action. See MCR 8.116(D).

(7) Whenever the court grants a motion to seal a court record, in whole or in

part, the court must forward a copy of the order to the Clerk of the Supreme

Court and to the State Court Administrative Office.

(G) Reporting Duties.

(1) The clerk of every court shall submit reports and records as required by

statute and court rule.

(2) The clerk of every court shall submit reports or provide records as required

by the State Court Administrative Office, without costs.

Rule 8.120 Law Students and Recent Graduates; Participation in Legal Aid

Clinics, Defender Offices, and Legal Training Programs

(A) Legal Aid Clinics; Defender Offices. Effective legal service for each person in

Michigan, regardless of that person's ability to pay, is important to the directly

affected person, to our court system, and to the whole citizenry. Law students and

recent law graduates, under supervision by a member of the state bar, may staff

public and nonprofit defender offices, and legal aid clinics that are organized under

a city or county bar association or an accredited law school or for the primary

purpose of providing free legal services to indigent persons.

(B) Legal Training Programs. Law students and recent law graduates may

participate in legal training programs organized in the offices of county prosecuting

attorneys, county corporation counsel, city attorneys, the Attorney Grievance

Commission, and the Attorney General.

Association who has received a passing grade in law school courses and has

completed the first year is eligible to participate in a clinic or program listed in

subrules (A) and (B) if the student meets the academic and moral standards

established by the dean of that school. For the purpose of this rule, a "recent law

graduate" is a person who has graduated from law school within the last year. The

student or graduate must certify in writing that he or she has read and is familiar

with the Michigan Rules of Professional Conduct and the Michigan Court Rules, and

shall take an oath which is reasonably equivalent to the Michigan Lawyer’s Oath in

requiring at a minimum the promise to: (a) support the Constitution of the United

States; (b) support the Constitution of the State of Michigan; (c) maintain the

respect due to courts of justice and judicial officers; (d) never seek to mislead a

judge or jury by any artifice or false statement of fact or law; (e) maintain the

confidence and preserve inviolate the secrets of the client; (f) abstain from all

offensive personality; (g) advance no fact prejudicial to the honor or reputation of a

party or witness, unless required by the justice of the cause; and (h) in all other

respects conduct himself or herself personally and professionally in conformity with

the high standards of conduct imposed upon members of the state bar of Michigan.

(D) Scope; Procedure.

(1) A member of the legal aid clinic, in representing an indigent person, is

authorized to advise the person and to negotiate and appear on the person's

behalf in all Michigan courts except the Supreme Court. Except as otherwise

provided in this rule, the indigent person that will be assisted by the student

must consent in writing to the representation. In a situation in which a law

student provides short-term, limited-scope legal advice by telephone in the

context of a clinical program intended to assist indigent persons offered as part

of a law school curriculum, the clinic patron shall be informed that:

(a) the advice provided may be rendered by a law student, and

(b) by proceeding to the consultation following notification that the advice

may be provided by a law student, the clinic patron consents to such

representation.

(2) Representation must be conducted under the supervision of a state bar

member. Supervision by a state bar member includes the duty to examine and

sign all pleadings filed. It does not require the state bar member to be present

(a) while a law student or graduate is advising an indigent person or

negotiating on the person's behalf, or

(b) during a courtroom appearance of a law student or graduate, except

(i) during an appellate argument or

(ii) in a criminal or juvenile case exposing the client to a penalty of

imprisonment.

The supervising attorney shall assume all personal professional

responsibility for the student’s or graduate’s work, and should consider

purchasing professional liability insurance to cover the practice of such

student or graduate.

(3) A law student or graduate may not appear in a case in a Michigan court

without the approval of the judge or a majority of the panel of judges to which

the case is assigned. If the judge or a majority of the panel grants approval,

the judge or a majority of the panel may suspend the proceedings at any stage

if the judge or a majority of the panel determines that the representation by the

law student or graduate

(a) is professionally inadequate, and

(b) substantial justice requires suspension.

In the Court of Appeals, a request for a law student or graduate to appear

at oral argument must be submitted by motion to the panel that will hear

the case. The panel may deny the request or establish restrictions or other

parameters for the representation on a case-by-case basis.

(4) A law student or graduate serving in a prosecutor's, county corporation

counsel's, city attorney's, or Attorney General's program may be authorized to

perform comparable functions and duties assigned by the prosecuting attorney,

county attorney, city attorney, or Attorney General, except that

(a) the law student or graduate is subject to the conditions and restrictions

of this rule; and

(b) the law student or graduate may not be appointed as an assistant

prosecutor, assistant corporation counsel, assistant city attorney, or

assistant Attorney General.

Rule 8.121 Contingent Fees in Claims or Actions for Personal Injury and

Wrongful Death

(A) Allowable Contingent Fee Agreements. In any claim or action for personal injury

or wrongful death based upon the alleged conduct of another or for no-fault

benefits, in which an attorney enters into an agreement, expressed or implied,

whereby the attorney's compensation is dependent or contingent in whole or in part

upon successful prosecution or settlement or upon the amount of recovery, the

receipt, retention, or sharing by such attorney, pursuant to agreement or

otherwise, of compensation which is equal to or less than the fee stated in subrule

(B) is deemed to be fair and reasonable. The receipt, retention, or sharing of

compensation which is in excess of such a fee shall be deemed to be the charging

of a "clearly excessive fee" in violation of MRPC 1.5(a), unless such fee is received

as a result of an award of attorney fees payable pursuant to MCL 500.3148, or

other award or sanction made pursuant to statute, court rule, or the common law.

(B) Maximum Fee. The maximum allowable fee for the claims and actions referred

to in subrule (A) is one-third of the amount recovered.

(1) The amount referred to in subrule (B) shall be computed on the net sum

recovered after deducting from the amount recovered all disbursements

properly chargeable to the enforcement of the claim or prosecution of the

action. In computing the fee, the costs as taxed and any interest included in or

upon the amount of a judgment shall be deemed part of the amount recovered.

(2) In the case of a settlement payable in installments, the amount referred to

in subrule (B) shall be computed using the present value of the future

payments.

(a) If an annuity contract will be used to fund the future payments, "present

value" is the actual cost of purchasing the annuity contract. The attorney

for the defendant must disclose to the court and the parties the amount

paid for the annuity contract, after any rebates or other discounts.

(b) If the defendant will make the future payments directly, "present value"

is the amount that an entity of the same financial standing as the defendant

would pay for an annuity contract. The court may appoint an independent

expert to certify the "present value" as defined in this paragraph. The court

may base its findings on the expert's testimony or affidavit.

(D) Agreements for Lower Fees. An attorney may enter into contingent fee

arrangements calling for less compensation than that allowed by subrule (B).

(E) Advice to Client. An attorney must advise a client, before entering into a

contingent fee arrangement, that attorneys may be employed under other fee

arrangements in which the attorney is compensated for the reasonable value of the

services performed, such as on an hourly or per diem basis. The method of

compensation used by an individual attorney remains the attorney's option, and

this rule does not require an attorney to accept compensation in a manner other

than that chosen by the attorney.

(F) Agreements to be in Writing. Contingent fee arrangements made by an attorney

with a client must be in writing and a copy provided to the client.

(G) Applicability. This rule does not apply to agreements reduced to writing before

May 3, 1975. The one-third provision of subrule (B) applies to contingent fee

agreements entered into after July 9, 1981. Earlier agreements are subject to the

rule in effect at the time the agreement was made.

Rule 8.122 Claims by Clients Against Attorneys

Attorneys are officers of Michigan's one court of justice and are subject to the

summary jurisdiction of the court. The circuit court of the county in which an

attorney resides or maintains an office has jurisdiction, on verified written

complaint of a client, and after reasonable notice and hearing, to enter an order for

the payment of money or for the performance of an act by the attorney which law

and justice may require. All courts have like jurisdiction over similar complaints

regarding matters arising from actions or proceedings in those courts.

Rule 8.123 Counsel Appointments; Procedure and Records

(A) Applicability. This rule applies to all trial courts, which means all circuit courts,

district courts, probate courts, and municipal courts.

(B) Plan for Appointment. Each trial court must adopt a local administrative order

that describes the court's procedures for selecting, appointing, and compensating

counsel who represent indigent parties in that court.

administrative order to the State Court Administrator for review pursuant to MCR

8.112(B)(3). The State Court Administrator shall approve a plan if its provisions will

protect the integrity of the judiciary.

(D) Required Records. At the end of each calendar year, a trial court must compile

an annual electronic report of the total public funds paid to each attorney for

appointments by that court.

This subrule applies to appointments of attorneys in any capacity, regardless of

the indigency status of the represented party. Trial courts that contract for

services to be provided by an affiliated group of attorneys may treat the group

as a single entity when compiling the required records.

The records required by this subrule must be retained for the period specified

by the State Court Administrative Office`s General Schedule 16.

(E) Public Access to Records. The records must be available at the trial court for

inspection by the public, without charge. The court may adopt reasonable access

rules, and may charge a reasonable fee for providing copies of the records.

(F) Reports to State Court Administrator. A trial court must submit its annual

electronic report to the state court administrator in the form specified by the state

court administrator. When requested by the state court administrator, a trial court

must cooperate in providing additional data on an individual attorney, judge, or

attorney group for a period specified by the request, including the number of

appointments by each judge, the number of appointments received by an individual

attorney or attorney group, and the public funds paid for appointments by each

judge.

Rule 8.125 Electronic Filing of Citation

(A) Applicability. This rule applies to all civil infraction and misdemeanor actions

initiated by a Michigan Uniform Law Citation or a Michigan Uniform Municipal Civil

Infraction Citation.

(B) Citation; Complaint; Filing. A citation may be filed with the court either on

paper or electronically. The filing of a citation constitutes the filing of a complaint.

An electronic citation must contain all the information that would be required if the

citation were filed on paper. A citation that contains the full name of the police

officer or authorized local official who issued it will be deemed to have been signed

pursuant to MCL 257.727c(3), 600.8705(3), or 600.8805(3).

to hear the matter until the citation is signed and filed on paper. A citation that is

not signed and filed on paper, when required by the court, will be dismissed with

prejudice.

Rule 8.126 Temporary Admission to the Bar

(A) Temporary Admission. Any person who is licensed to practice law in another

state or territory, or in the District of Columbia, of the United States of America, or

in any foreign country, and who is not disbarred or suspended in any jurisdiction,

and who is eligible to practice in at least one jurisdiction, may be permitted to

appear and practice in a specific case in a court, before an administrative tribunal

or agency, or in a specific arbitration proceeding in this state when associated with

and on motion of an active member of the State Bar of Michigan who appears of

record in the case. An out-of-state attorney may appear and practice under this

rule in no more than five cases in a 365-day period. Permission to appear and

practice is within the discretion of the court, administrative tribunal or agency, or

arbitrator and may be revoked at any time for misconduct. For purposes of this

rule, an out-of-state attorney is one who is licensed to practice law in another state

or territory, or in the District of Columbia, of the United States of America, or in a

foreign country and who is not a member of the State Bar of Michigan.

(1) Procedure.

(a) Motion. An attorney seeking temporary admission must be associated

with a Michigan attorney. The Michigan attorney with whom the out-ofstate attorney is associated shall file with the court or administrative

tribunal or agency an appearance and a motion that seeks permission for

the temporary admission of the out-of-state attorney. The motion shall be

supported by a current certificate of good standing issued by a jurisdiction

where the out-of-state attorney is licensed and eligible to practice and an

affidavit of the out-of-state attorney seeking temporary admission, which

affidavit shall verify

(i) the jurisdictions in which the attorney is or has been licensed or has

sought licensure;

(ii) the jurisdiction where the attorney is presently eligible to practice;

(iii) that the attorney is not disbarred, or suspended in any jurisdiction,

and is not the subject of any pending disciplinary action, and that the

attorney is licensed and is in good standing in all jurisdictions where

licensed; and

(iv) that he or she is familiar with the Michigan Rules of Professional

Conduct, Michigan Court Rules, and the Michigan Rules of Evidence.

The out-of-state attorney must attach to the affidavit copies of any

disciplinary dispositions, and a copy of the acknowledgment letter supplied

by the State Bar of Michigan showing that the required fee has been paid.

The motion shall include an attestation of the Michigan attorney that the

attorney has read the out-of-state attorney’s affidavit, has made a

reasonable inquiry concerning the averments made therein, believes the

out-of-state attorney’s representations are true, and agrees to ensure that

the procedures of this rule are followed. The motion shall also include the

addresses of both attorneys.

(b) The Michigan attorney shall send a copy of the motion and supporting

affidavit to the Attorney Grievance Commission. Within seven days after

receipt of the copy of the motion, the Attorney Grievance Commission must

notify the court, administrative tribunal or agency, or arbitrator and both

attorneys whether the out-of-state attorney has been granted permission to

appear temporarily in Michigan within the past 365 days, and, if so, the

number of such appearances. No order or other writing granting permission

to appear in a case shall be entered by a court, administrative tribunal or

agency, or arbitrator until the notification is received from the Attorney

Grievance Commission.

the out-of-state attorney has been granted permission to appear

temporarily in fewer than 5 cases within the past 365 days, the court,

administrative tribunal or agency, or arbitrator may enter an order granting

permission to the out-of-state attorney to appear temporarily in a case. If

an order or other writing granting permission is entered, the court,

administrative tribunal or agency, or arbitrator shall send a copy of the

order or writing to the Michigan attorney, the out-of-state attorney, and the

Attorney Grievance Commission.

(d) Fee. In each case in which an out-of-state attorney seeks temporary

admission in Michigan, a fee equal to the discipline and client-protection

portions of a bar member’s annual dues must be paid. The discipline

portion of the fee shall be paid to the State Bar of Michigan for allocation to

the attorney discipline system, and the client-protection portion shall be

paid to the State Bar of Michigan for allocation to the Client Protection Fund.

Upon receipt of payment of the fee, the State Bar of Michigan shall within

three business days send to the out-of-state attorney an acknowledgment

letter that the fee has been paid.

(e) By seeking permission to appear under this rule, an out-of-state

attorney consents to the jurisdiction of Michigan’s attorney disciplinary

system.

Subchapter 8.200 Administrative Rules Applicable in District

Court

Rule 8.201 Allocation of Costs in Third-Class Districts

(A) Duties of Clerks of Each Third-Class Control Unit Having a Clerk.

(1) On the last day of March, June, September, and December of each year, the

clerk of each third-class control unit having a clerk (see MCL 600.8281) shall

determine the total number of civil and criminal cases filed during the preceding

three months in the district and each political subdivision of the district under

subrule (B). These figures are the total number of cases entered and

commenced in that district and each political subdivision.

(2) The clerk shall determine the total cost of maintaining, financing, and

operating the district court within the district.

(3) The clerk shall determine the proper share of the costs to be borne by each

political subdivision by use of the following formula: (the number of cases

entered and commenced in each political subdivision divided by the total

number of cases entered and commenced in the district) multiplied by the total

cost of maintaining, financing, and operating the district court.

(4) The clerk shall determine the proper share of the salary of the court

reporter or recorder under MCL 600.8621(1) by use of the following formula:

(the number of cases entered and commenced in each political subdivision

divided by the total number of cases entered and commenced in the district)

multiplied by the total salary of the court reporter or recorder.

(5) The clerk shall certify the figures determined under subrules (A)(3) and (4)

to the treasurer of each political subdivision in the district. Payment by each

political subdivision of any unpaid portion of its certified share of the cost and

salaries is then due.

(B) Determination of Cases Entered and Commenced.

(1) In the District. The total number of cases entered and commenced in the

district is the total number of civil and criminal cases filed in the district for the

time period in question, excepting those cases not attributable to a specific

political subdivision under subrules (B)(2)(b) and (B)(3)(b).

(2) In Each Political Subdivision Having a District Court Clerk. The total number

of cases entered and commenced in each political subdivision having a district

court clerk is the total number of civil and criminal cases filed in the political

subdivision for the time period in question, excepting those cases involving a

filing plaintiff and one or more defendants whose residences are outside the

political subdivision where filed.

(a) Cases in which a filing plaintiff and one or more defendants reside in the

same political subdivision are deemed to have been entered and

commenced in that political subdivision, even though filed elsewhere for

purposes of MCL 600.8104.

(b) Cases in which the filing plaintiff and one or more defendants reside

outside the political subdivision where the case was filed, but none of the

defendants resides in the same political subdivision as the plaintiff, are to

be disregarded for purposes of this rule and MCL 600.8104.

(3) In Each Political Subdivision Having No District Court Clerk.

(a) The total number of cases entered and commenced for the time period

in question in each political subdivision having no district court clerk is the

total number of civil and criminal cases in which the filing plaintiff and one

or more defendants reside in the political subdivision, no matter where the

case is filed.

(b) If more than one political subdivision qualifies under subrule (B)(3)(a),

all are credited with one case for purposes of this rule and MCL 600.8104.

Rule 8.202 Payment of Assigned Attorneys and Transcript Costs

(A) Misdemeanor Cases. The political subdivision or subdivisions responsible for

maintaining, financing, and operating the appointing court are responsible for

paying assigned attorneys, regardless of whether the defendant is charged with

violating a state law or an ordinance, and regardless of whether a fine or costs are

actually assessed. If a county board of commissioners has taken or takes formal

action to relieve cities or townships of part or all of the cost of paying assigned

attorneys, that formal action shall control the payment of assigned attorneys in that

county.

(B) Appeals. If an indigent defendant appealing to circuit court from a district or

municipal court conviction is entitled to an assigned attorney or a transcript, the

cost shall be paid by the same political subdivision or divisions that were

responsible for or would have been responsible for paying an assigned attorney

under subrule (A).

Rule 8.203 Records and Entries Kept by Clerk

The clerk of every district court shall maintain court records and make reports as

prescribed by MCR 8.119.

Rule 8.204 Bonds for Clerks, Deputies, Magistrates, and Official Process

Servers

All clerks, deputy clerks, magistrates, and official process servers of the district

court must file with the chief judge a bond approved by the chief judge in a penal

sum determined by the state court administrator, conditioned that the officer will

(1) perform the duties as clerk, deputy clerk, magistrate, or process server of

that court; and

(2) account for and pay over all money which may be received by the officer to

the person or persons lawfully entitled.

The bonds must be in favor of the court and the state.

Rule 8.205 Magistrates

The court shall provide the name, address, and telephone number of each

magistrate to the clerk of the district court for the district in which the magistrate

serves.

Subchapter 8.300 Administrative Rules Applicable in Probate

Court

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

(A) Judicial Responsibility. The judges of probate are responsible for the direction

and supervision of the registers of probate, deputy registers of probate, probate

clerks, and other personnel employed by the court to assist in the work of the

court.

(B) Entry of Order Specifying Authority.

(1) To the extent authorized by the chief judge of a probate court by a general

order, the probate register, the deputy probate register, the clerks of the

probate court, and other court employees designated in the order, have the

authority, until the further order of the court, to do all acts required of the

probate judge except judicial acts in a contested matter and acts forbidden by

law to be performed by the probate register.

(2) The order of the chief judge may refer to the power

(a) to set the time and place for hearings in all matters; take

acknowledgements; administer oaths; sign notices to fiduciaries, attorneys,

and sureties; sign citations and subpoenas; conduct conferences with

fiduciaries required to ensure prompt administration of estates; and take

testimony as provided by law or court rule; and

(b) to sign or by device indicate the name of a judge to all orders and

letters of authority of the court, with the same force and effect as though

the judge had signed them. In all such cases, the register or the designated

deputy must place his or her initials under the name of the judge.

of the chief judge, the probate registers and deputy registers have the authority

granted by statute and may take acknowledgments to the same extent as a notary

public.

Rule 8.302 Documents and Files

Original orders and letters of authority, after being recorded, must be placed in the

files of the court. For security purposes, testamentary documents of deceased

persons, bonds, orders, and such other documents as the court directs must be

copied by microfilming or other means promptly after filing or issuance and

preserved in the records of the court separately from the files. In addition, the clerk

of every probate court shall maintain court records and make reports as prescribed

by MCR 8.119.

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