Opinion
00-11.
December 6, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 1.201 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.
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 1.201 Amendment Procedure
(A)- (C) [Unchanged.]
(D) Effective Date of Amendments. Except as provided in subrule (E), an amendment will not take effect until at least two months after its adoption, and the effective date will be either April 1 or October 1. (D) (E) Need for Immediate Action. The Court may modify or dispense with the notice and effective date requirements of this rule if it determines that there is a need for immediate action. Staff Comment: The proposed amendment of Rule 1.201 is based on a proposal from the Appellate Practice Section of the State Bar of Michigan to reduce multiple amendments in the same year.
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 April 1, 2001. When filing a comment, please refer to our file No. 00-11.