Opinion
AMD File No. 2007-02.
March 15, 2007.
On order of the Court, the following corrections of Rule 6.433, 7.204 and 7.210 of the Michigan Court Rules are made, effective May 1, 2007.
[The present language is amended as indicated below.]
Rule 6.433 Documents for Postconviction Proceedings; Indigent Defendant
(A) Appeals of Right. An indigent defendant may file a written request with the sentencing court for specified court documents or transcripts, indicating that they are required to pursue an appeal of right. The court must order the clerk to provide the defendant with copies of documents without cost to the defendant, and, unless the transcript has already been ordered as provided in MCR 6.425(F)(G)(2), must order the preparation of the transcript.
(B)-(C) [Unchanged.]
Rule 7.204 Filing Appeal of Right; Appearance
(A) Time Requirements. The time limit for an appeal of right is jurisdictional. See MCR 7.203(A). The provisions of MCR 1.108 regarding computation of time apply. For purposes of subrules (A)(1) and (A)(2), "entry" means the date a judgment or order is signed, or the date that data entry of the judgment or order is accomplished in the issuing tribunal's register of actions.
(1) [Unchanged.]
(2) An appeal of right in a criminal case must be taken
(a) in accordance with MCR 6.425(F)(G)(3);
(b)-(d) [Unchanged.]
A motion for rehearing or reconsideration of a motion mentioned in subrules (A)(1)(b) or (A)(2)(d) does not extend the time for filing a claim of appeal, unless the motion for rehearing or reconsideration was itself filed within the 21-or 42-day period.
(3) [Unchanged.]
(B)-(H) [Unchanged.]
Rule 7.210 Record on Appeal
(A) [Unchanged.]
(B) Transcript.
(1) Appellant's Duties; Orders; Stipulations.
(a) The appellant is responsible for securing the filing of the transcript as provided in this rule. Except in cases governed by MCR 3.977(I)(3) or MCR 6.425(F)(G)(2), or as otherwise provided by Court of Appeals order or the remainder of this subrule, the appellant shall order from the court reporter or recorder the full transcript of testimony and other proceedings in the trial court or tribunal. Once an appeal is filed in the Court of Appeals, a party must serve a copy of any request for transcript preparation on opposing counsel and file a copy with the Court of Appeals.
(b)-(e) [Unchanged.]
(2)-(3) [Unchanged.]
(C)-(I) [Unchanged.]
Staff Comment: These changes reflect relettered provisions of MCR 6.425.
The staff comment is not an authoritative construction by the Court.