Appeals - materials under seal

Adm no. - 2009-18
Rules affected - 7.211, 7.313, 8.119
Date entered - November 13, 2009
Comments open to - March 1, 2010

At both the Court of Appeals and Supreme Court levels, a new provision that materials that are the subject of a pending motion to seal the record shall be held under seal until the court makes its ruling on the motion.

Newly adopted items

Disqualification of Supreme Court justices
Use of electronic equipment in courtrooms

Confidentiality - mediation

Court rule affected - MCR 2.412 (new rule)
Admin no. - n/a
Issued - 10-28-09
Comments open to - 2-1-10

See later item regarding adoption

This one comes directly from the SCAO's Mediation Confidentiality and Standards of Conduct Committee, rather than from the Supreme Court. The new proposed rule would continue the general rule that "mediation communications" are not admissible in evidence or subject to discovery, but would add a series of exceptions, including disclosures

• necessary to resolve disputes regarding the mediator's fee
  
• necessary to resolve issues regarding a party's failure to appear
  
• making threats of committing a crime, or concealing a crime
  
• "indicating the likelihood" of abuse of a child, an elderly person, or a protected person
  
• relating to claims of professional negligence on the part of a participant
• relating to proceedings to enforce a settlement agreement (qualified immunity)

Link to the proposal (PDF)