Opinion
99-07.
May 2, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.302 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.
As whenever this Court publishes an administrative proposal for comment, we emphasize that 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 7.302 Application for Leave to Appeal
(A) — (E) [Unchanged.]
(F) Decision.
(1) — (4) [Unchanged.]
(5) Unpublished decisions of the Court of Appeals.
(a) In any case in which the Supreme Court grants leave to appeal from an unpublished decision of the Court of Appeals, the unpublished decision, including any dissent or concurring opinion, shall be printed in its entirety immediately following the order granting leave to appeal. (b) In any case in which the Supreme Court grants peremptory relief from an unpublished decision of the Court of Appeals, other than remanding to the Court of Appeals for reconsideration, the unpublished decision, including any dissent or concurring opinion, shall be printed in its entirety immediately following the order granting peremptory relief. (c) Any unpublished decision that is printed pursuant to this rule shall have no precedential value. (G) [Unchanged.]
Staff Comment: The proposed addition of MCR 7.302(F)(5) has been recommended by the Appellate Practice Section of the State Bar of Michigan.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered, and your assistance is appreciated 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 by September 1, 2000. When filing a comment, please refer to our file No. 99-07.