Stay of Proceedings to Enforce Judgment

Court rule affected - MCR 2.614
Adm no. - 2008-24
Issued - 1-20-09
Effective - 5-1-09

• Some minor rewording, of little significance


• Authorizes the trial court to extend the period during which a motion for new trial, rehearing, reconsideration, or relief from judgment may be filed beyond the standard 21-day limit, on good cause shown, if the extension order is entered within the 21 day period.

Link

Notes

The staff comment says that this conforms with amendments to other court rules.

Appeals to the Michigan Supreme Court

Court rules affected - MCR 7.302, 7.314, 7.316
Adm no. - 2007-42
Issued - 1-20-09
Effective - 5-1-09

Adds a new subsection (F) to MCR 7.302:

(F) If, on its own initiative or on a party’s motion, the court concludes that a brief does not substantially comply with the requirements of this rule, it may order the party who filed the brief to file a supplemental brief within a specified time correcting the deficiencies, or it may strike the nonconforming brief.

Adds a new subsection (C) to MCR 7.314:

(C) The court may dismiss an appeal, application, or an original proceeding for lack of jurisdiction or failure of a party to pursue the case in substantial conformity with the rules.

Adds a new subsection (9) to MCR 7.316(A):

(A) Relief Obtainable. The Supreme Court may, at any time, in addition to its general powers:

* * *

(9) dismiss an appeal, application, or an original proceeding for lack of jurisdiction or failure of a party to pursue the case in substantial conformity with the rules.

Link

Notice of Non-Party Fault, Case Evaluation

Court rules affected - MCR 2.112(k), 2.403
Adm no. - 2007-41
Issued - 1-20-09
Effective - 5-1-09

Each rule is modified to add language to specify that it applies to claims "based on tort or another legal theory" for personal injury, property damage, or wrongful death.

Notes

The staff comment says that the changes are made to "more closely parallel the statutory provisions" of MCL 600.2957 and 600.6304.

The change is not really substantive.

Jurors

Court rule affected - MCR 2.510
Adm no. - 2007-21
Issued - 5-28-08
Effective - 9-10-08

Adds a new subsection (E), which reads:

(E) Special Provision Pursuant to MCL 600.1324. If a city located in more than one county is entirely within a single district of the district court, jurors shall be selected for court attendance at that district from a list that includes the names and addresses of jurors from the entire city, regardless of the county where the juror resides or the county where the cause of action arose.

Link

Notes

This rule is enacted pursuant to MCL 600.1324(3), which provides:

(3) If a city located in more than 1 county is placed entirely within a single district of the district court pursuant to chapter 81, the supreme court by rule shall specify the procedure for compiling the second jury list for that district court district so as to include names and addresses of residents from the parts of the counties which comprise that district.

This amendment will apply only in very limited situations in the district court.

Depositions

Court rule affected - MCR 2.306
Adm no. - 2007-09
Issued - 5-30-08
Effective - 9-1-08

1. Adds titles to the subsections

2. Adds the following new subsections to 2.306 (C)(4), now entitled "Objections During Deposition":

(b) An objection during a deposition must be stated concisely in a civil and nonsuggestive manner.
(c) Objections are limited to
(i) objections that would be waived under MCR 2.308(C)(2) or (3), and
(ii) those necessary to preserve a privilege or other legal protection or to enforce a limitation ordered by the court.

3. Adds a new subsection (C)(5):

(5) Conferring with Deponent.
(a) A person may instruct a deponent not to answer only when necessary to preserve a privilege or other legal protection, to enforce a limitation ordered by the court, or to present a motion under MCR 2.306(D)(1).
(b) A deponent may not confer with another person while a question is pending, except to confer with counsel to decide whether to assert a privilege or other legal protection.

4. Adds a new subsection under (D):

(2) Sanctions. On motion, the court may impose an appropriate sanction—including the reasonable expenses and attorney fees incurred by any party—on a person who impedes, delays, or frustrates the fair examination of the deponent or otherwise violates this rule.

5. Renumbers other subsections

Links

Full text | Amendment

Notes

These new provisions follow similar limitations that have been adopted by local court rule in a number of Federal courts. They may change the behavior of some practitioners.

The amendment, issued on June 2, modified the numbering system only.