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In re Proposed Amend. of R. 3.903

Supreme Court of Michigan
May 6, 2008
480 Mich. 1266 (Mich. 2008)

Opinion

No. 2008-22.

May 6, 2008.


Orders Entered May 6, 2008.

On order of the Court, this is to advise that the Court is considering an amendment of Rule 3.903 and 3.920 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter will be considered at a public hearing by the Court before a final decision is made. The notices and agendas for public hearings are posted at www.courts.michigan.gov/supremecourt.

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 3.903. DEFINITIONS.

(A) General Definitions. When used in this subchapter, unless the context otherwise indicates:

(1)-(2) [Unchanged.]

(3) "Confidential file" means

(a) [Unchanged.]

(b) the contents of a social file maintained by the court, including materials such as

(i)-(v) [Unchanged.](vi) victim statements.;

(vii) information regarding the identity or location of a foster parent. preadoptive parent, or relative caregiver.

(4)-(26) [Unchanged.]

(B)-(E) [Unchanged.]

RULE 3.920. SERVICE OF PROCESS.

(A)-(G) [Unchanged.]

(H) Proof of Service.

(1)-(3) [Unchanged.]

(4) Content. The proof of service must identify the papers served. A proof of service for papers served on a foster parent, preadoptive parent. or relative caregiver shall be maintained in the confidential social file as identified in MCR 3.903(A)(3)(b)(vii).

(5) [Unchanged.]

Staff Comment: The proposal would clarify that information regarding the identity or location of a foster parent, preadoptive parent, or relative caregiver is part of the confidential file and, therefore, a proof of service that includes identifying or location information regarding those parties must also be maintained in the confidential file.

The staff comment 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 these proposals may be sent to the Supreme Court Clerk in writing or electronically by August 31, 2008, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2008-22. Your comments and the comments of others will be posted at: www.courts.mi.gov./ supremecourt/resources/administrative/index.htm.


Summaries of

In re Proposed Amend. of R. 3.903

Supreme Court of Michigan
May 6, 2008
480 Mich. 1266 (Mich. 2008)
Case details for

In re Proposed Amend. of R. 3.903

Case Details

Full title:Proposed Amendment of Rules 3.903 and 3.920 of the Michigan Court Rules

Court:Supreme Court of Michigan

Date published: May 6, 2008

Citations

480 Mich. 1266 (Mich. 2008)