Opinion
ADM File No. 2004-44.
October 3, 2006.
On order of the Court, the proposed amendment of Rule 3.977 of the Michigan Court Rules having been published for comment at 474 Mich 1216-1217 (Part 6, 2006), and an opportunity having been provided for comment in writing and at a public hearing, and consideration having been given to the comments received, the Court declines to adopt the proposed amendment.
On further 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 7.210 of the Michigan Court Rules is adopted, effective January 1, 2007.
[Additions are indicated in the text that follows by underlining and deletions by strikeouts.]
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)(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: The amendment of MCR 7.210 resolves a conflict between this rule, which generally requires production of the full transcript of testimony and other proceedings in the trial court or tribunal for appeal, and MCR 3.977(I)(1)(b), which allows the trial court to furnish only the portions of the transcript and record the attorney requires to appeal. See, also, Administrative Memorandum 2004-02.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.