Opinion
01-07.
May 1, 2001.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.203 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below.]
Rule 7.203 Jurisdiction of the Court of Appeals
(A) Appeal of Right. The court has jurisdiction of an appeal of right filed by an aggrieved party from the following:
(1) — (3) [Unchanged.]
(4) An order awarding or denying attorney fees and costs under MCR 2.403, 2.405, 2.625 or other law or court rule;
(5) An order denying a governmental party's defense of immunity from suit.
(B) — (F) {Unchanged.]
Staff Comment: The proposed amendment of MCR 7.203(A) would create an appeal of right from orders denying a governmental defendant's immunity defense, as is provided in many jurisdictions. See, e.g., Mitchell vForsyth, 472 U.S. 511; 105 S.Ct. 2806; 86 L.Ed.2d 411 (1985).
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk in writing or electronically by August 1, 2001. P.O. Box 30052, Lansing, MI, 48909, or MSC_clerk@jud.state.mi.us. When filing a comment, please refer to our file No. 01-07.