Wednesday, January 28, 2009

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.
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