Opinion
No. 2001-48.
June 17, 2003.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 7.217 of the Michigan Court Rules is adopted, effective September 1, 2003.
[The present language is amended as indicated below.]
Rule 7.217 Involuntary Dismissal of Cases
(A) — (C) [Unchanged.]
(D) Reinstatement. Within 56 21 days after the date of the clerk's notice of dismissal pursuant to this rule, the appellant or plaintiff may seek relief from dismissal by showing mistake, inadvertence, or excusable neglect.
Staff Comment: The June 17, 2003, amendment of MCR 7.217(D), effective September 1, 2003, reduced from 56 to 21 days the time for seeking relief from an involuntary dismissal of an appeal by the Court of Appeals. This change corresponds to the 21 days allowed appointed counsel to move under MCR 7.215(I) for reconsideration of an order involuntarily remanding a case to the trial court for the appointment of substitute counsel. See Court of Appeals IOP 7.217(C) and IOP 7.217(D).
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.