Newly adopted

Amendments that were initially listed here as proposed, and later adopted.

Notices of intent and affidavits in medmal cases - placing time limits on challenges to the sufficiency of these filings

Attire and appearance of parties and witnesses

Use of electronic equipment by jurors

Disqualification of Supreme Court justices

Use of electronic equipment by jurors

Court rule affected - MCR 2.511
Admin no. - 2008-33
Issued - June 30, 2009
Effective - September 1, 2009

The Court has announced an amendment to Rule 2.511, "Impanelling the Jury", which adds requirements as a new subsection (H)(2) for instructions to jurors about their use of electronic equipment:

(2) The court shall instruct the jurors that until their jury service is concluded, they shall not
(a) discuss the case with others, including other jurors, except as otherwise authorized by the court;
(b) read or listen to any news reports about the case;
(c) use a computer, cellular phone, or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information prohibited in subsection (d) below;
(d) use a computer, cellular phone, or other electronic device with communication capabilities, or any other method, to obtain or disclose information about the case when they are not in court. As used in this subsection, information about the case includes, but is not limited to, the following:
(i) information about a party, witness, attorney, or court officer;
(ii) news accounts of the case;
(iii) information collected through juror research on any topics raised or testimony offered by any witness;
(iv) information collected through juror research on any other topic the juror might think would be helpful in deciding the case.

Although no one would reasonably disagree with the content of these instructions, it is quizzical that this was adopted as an amendment to the court rule, when there is a separately-constituted committee charged with considering amendments to the Model Civil Jury Instructions.

The Court's staff comment notes that some of these rules do not apply to courts participating in the jury reform pilot project, where jurors are permitted to discuss the case while the proofs are under way. The comment appears to relate to subrule 2(a) only.

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