Opinion
March 7, 2006.
Orders Entered.
On order of the Court, this is to advise that the Court is considering amendments of Rules 3.977 and 7.210 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 also will be considered at a public hearing. 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 3.977. TERMINATION OF PARENTAL RIGHTS.
(A)-(H) [Unchanged.]
(I) Respondent's Rights Following Termination.
(1) Advice. Immediately after entry of an order terminating parental rights, the court shall advise the respondent parent orally or in writing that:
(a) [Unchanged.]
(b) If the respondent is financially unable to provide an attorney to perfect an appeal, the court will appoint an attorney and furnish the attorney with theportions of the transcripts and record the attorney requires to appeal necessary for the appeal.
(c)-(d) [Unchanged.]
(2)-(3) [Unchanged.]
(J) [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 byMCR 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 3.977 would allow an attorney to order only those transcripts necessary for an appeal from orders terminating parental rights. The amendment of MCR 7.210 would exempt appeals from orders terminating parental rights from the general requirement that the appellant order the full transcript of trial court testimony and other proceedings.
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 July 1, 2006, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2004-44. Your comments and the comments of others will be posted at www.courts.mi.gov/supremecourt/resources/administrative/index.htm.