Opinion
May 18, 2010.
Special Orders.
Order Entered May 18, 2010:
On order of the Court, this is to advise that the Court is considering an amendment of Rule 1.108 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: additions are indicated by underline, and deletions by strikethrough.]
RULE 1.108. COMPUTATION OF TIME.
In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply:
(1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or holiday day. on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or holiday day on which the court is closed pursuant to court order.
(2)-(3) [Unchanged.]
Staff Comment: The proposed amendment of MCR 1.108 would allow a computed period of time to be extended to the next day the court is open when the last day in the period is a day that the court was closed by court order.
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 September 1, 2010, at PO. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2009-30. Your comments and the comments of others will be posted at: www.courts.mi.gov/supremecourt/resources/admnistrative/index.htm.