Opinion
99-35, 99-56.
June 29, 2000.
On order of the Court, this is to advise that the Court is considering amendment of Rules 7.202, 7.212, and 7.215 of the Michigan Court Rules. Before determining whether the proposals 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 proposals. We welcome the views of all who wish to address the proposals or who wish to suggest alternatives. Before adoption or rejection, these proposals 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 these proposals does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposals in their present form.
[The rules would be amended as follows.]
Rule 7.202 Definitions
For purposes of this subchapter:
(1) — (6) [Unchanged.]
(7) "final judgment" or "final order" means:
(a) [Unchanged.]
(b) In a criminal case,
(i) — (iii) [Unchanged.]
(iv) a sentence imposed, or order entered, by the trial court following a remand from an appellate court in a prior appeal of right; or
(v) [Unchanged.]
Rule 7.212 Briefs
(A) [Unchanged.]
(B) Length and Form of Briefs. Except as permitted by order of the Court of Appeals, and except as provided in subrule(G) (H), briefs are limited to 50 pages double-spaced, exclusive of tables, indexes, and appendixes. Quotations and footnotes may be single-spaced. At least one-inch margins must be used, and printing shall not be smaller than 12-point type.
(C) — (F) [Unchanged.]
(G) Standard 11 Briefs. Any brief filed in accordance with minimum standard 11 of Administrative Order No. 1981-7 shall be filed within 84 days after the filing of the appellant's brief and is limited to 20 pages in the form provided by subrule (B).
(H) — (J) [Formerly (G) — (I), redesignated, but otherwise unchanged.]
Rule 7.215 Opinions, Orders, Judgments, and Final Process for Court of Appeals
(A) Opinions of Court. An opinion must be written and bear the writer's name or the label "per curiam" or "memorandum" opinion. The Supreme Court reporter of decisions shall not publish a memorandum opinion, and a per curiam or memorandum opinion shall not be published unless a majority one of the judges deciding the case directs the reporter to do so at the time it is filed with the clerk. A copy of an opinion to be published must be delivered to the reporter no later than when it is filed with the clerk. The reporter is responsible for having those opinions published as are opinions of the Supreme Court, but in separate volumes containing opinions of the Court of Appeals only, in a form and under a contract approved by the Supreme Court.
(B) — (C) [Unchanged.]
(D) Requesting Publication. [NEW]
(1) Any person may request publication of an authored or per curiam opinion not designated for publication by
(a) filing with the clerk 4 copies of a letter stating why the opinion should be published, and
(b) mailing a copy to each party to the appeal not joining in the request, and to the clerk of the Supreme Court.
Such a request must be filed within 21 days after release of the unpublished opinion or, if a timely motion for rehearing is filed, within 21 days after the denial of the motion.
(2) Any party served with a copy of the request may file a response within 14 days in the same manner as provided in subrule (D)(1).
(3) Promptly after the expiration of the time provided in subrule (D)(2), the clerk shall submit the request, and any response that has been received, to the panel that filed the opinion. Within 21 days after submission of the request, the panel shall decide whether to direct that the opinion be published. The opinion shall be published only if the panel unanimously so directs. Failure of the panel to act within 21 days shall be treated as a denial of the request.
(4) The Court of Appeals shall not direct publication if the Supreme Court has denied an application for leave to appeal under MCR 7.302.
(E) — (I) [Formerly (D) — (H), redesignated, but otherwise unchanged.]
Staff Comment: The proposed amendments of MCR 7.202, 7.212, and 7.215(A) were submitted by the Court of Appeals. Proposed MCR 7.215(D) is based on a suggestion by the Appellate Practice Section of the State Bar of Michigan.
The proposed amendment of MCR 7.202(7)(b)(iv) would make certain orders entered by the trial court on remand from an appellate court appealable of right.
Proposed new MCR 7.212(G) would place limits on the time for filing and length of briefs filed in accordance with Standard 11 of the Minimum Standards for Indigent Criminal Appellate Defense Services. See Administrative Order 1981-7. Note that in a separate order entered June 29, 2000, the Court has published for comment a proposal to delete Standard 11.
The proposed amendment to MCR 7.215(A) would permit a single judge of the Court of Appeals panel to designate an opinion for publication.
Proposed new MCR 7.215(D) would re-establish a procedure under which persons could request publication of a Court of Appeals opinion that was not initially designated for publication. A former provision to that effect was deleted in 1995.
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 October 1, 2000. When filing a comment, please refer to our file Nos. 99-35 and 99-56.