Court rule affected - MCR 8.119 and several others
Admin no. - 2005-32
Issued - 4-27-10
Comments open to - 8-1-10
Several rule changes are proposed to require court personnel to review filings to ensure that they meet the requirements of court rules. The rules affected are noted in the quoted language below.
The other changes are all geared to the addition of the following language to Rule 8.119(C)(1) and the addition of a new (D):
(C)(1) Minimum Filing Requirements.Before accepting a document for filing, the clerk of the court shall determine that the document complies with the following minimum filing requirements:(a) standards prescribed by MCR 1.109,(b) legibility and language as prescribed by MCR 2.113(B) and MCR 5.113(A),(c) captioning prescribed by MCR 2.113(C)(1) and MCR 5.113(A)(1),(d) signature prescribed by MCR 2.114(C) and MCR 5.114(A),(e) the filing fee is paid at the time of filing, unless waived or suspended by court order,(f) documents are filed in the court of proper jurisdiction, and(g) if applicable, proof of service is complete and verified in accordance with these court rules.(2) Return of Documents. If the document does not comply with the minimum filing requirements in subrule (1), the clerk of the court shall reject the document for filing and promptly return it to the filing party, along with the filing fee, if any. The document shall be accompanied by a notice, substantially in the form approved by the state court administrator, that states the reason for the return and, if applicable, the action the filing party may take to refile the document. The notice shall include the name and telephone number of the clerk who is returning the document and the date it is mailed. The court shall maintain a copy of each notice prepared under this subrule.(3) Filing Date. The clerk of the court shall endorse on the first page of every document the date on which it is received. The date of receipt is the filing date. If a document contains more than one date indicating receipt by the court, the latest date is the filing date.(4) Submission to Judge. If the clerk of the court has other concerns with the accuracy of a document, it shall be submitted to the judge assigned to the case, the chief judge, or their designee judge for authorization to reject the pleading for filing and return of the document pursuant to subrule (2).(D) Documents Accepted for Filing; Clerk of the Court Review. The clerk of the court shall review documents that have been accepted for filing and take action in accordance with this subrule.(1) Review. The clerk of the court must determine that:(a) the case number, petition number, and case caption on the document are accurate, and if not, the clerk may either correct any errors in that information when the correct information is adequately verified, or take action as required by subrule (2).(b) any required notice to appear is accurate, and if not, the clerk must take action as required by subrule (2).(c) the time for filing a document has been met, and if not, the clerk must take action as required by subrule (2).The clerk of the court may not correct any other perceived errors.(2) Notification. The clerk shall promptly notify parties of the corrections made or of any action that must be taken by the parties to correct the errors. If the clerk returns a document for corrective action by a party, the document shall be accompanied by a notice substantially in the form approved by the state court administrator that states the reason for the return. The notice shall include the name and telephone number of the clerk who is returning the document and the date it is mailed. The court shall maintain a copy of each notice prepared under this subrule.(3) If the clerk of the court determines, after review, that an affidavit, default, and default judgment form does not comply with MCR 2.603(B)(2) or that a request for garnishment form does not comply with MCR 3.101(D)(4), the clerk shall not issue a default judgment or writ of garnishment, shall retain the filing fee, and shall either:(a) return the form to the filing party, accompanied by a notice substantially in the form approved by the state court administrator that states the reason for the return. The notice shall inform the party of the right to file a request for judicial review with no additional fee and that a new form may be filed along with the required filing fee. The notice shall include the name and telephone number of the clerk who is returning the document and the date it is mailed. The court shall maintain a copy of each notice prepared under this subrule.(b) submit the document to the judge assigned to the case, the chief judge, or their designee judge for review.(4) If a party files a request for judicial review pursuant to subrule(3)(a) or a clerk submits a document for review pursuant to subrule (3)(b), upon review, the judge shall either allow the issuance of the default judgment or writ of garnishment or enter a written order stating the reasons for denying the issuance of a default judgment or writ of garnishment.
The staff comment states that this proposal is based on the recommendations of a workgroup.
We predict that this proposal will meet with strong protests from court clerks, who would have to take on major new responsibilities in order to meet its requirements.
Update Oct 2010: awaiting conference consideration
Update Oct 2010: awaiting conference consideration
