Opinion
No. 2002-53.
March 11, 2003.
On order of the Court, this is to advise that the Court is considering amendment of Rules 1.109 and 2.113 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 final adoption or rejection. The schedule and agendas for public hearings are posted on the Court's website, 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 proposals in their present form.
[The present language of MCR 1.109 and 2.113 would be amended as indicated below by underlining for new text and overstriking for text that would be deleted.]
Rule 1.109 Letter-Size Paper and Type Size Standards
All pleadings and other papers prepared for filing in the courts of this state must be on good quality paper not exceeding 8 ½ inches wide by 11 inches long, and the printing shall not be smaller than 12-point type. This requirement does not apply to attachments and exhibits, but parties are encouraged to reduce or enlarge such papers to 8 ½ by 11 inches, if practical. Court clerks may not accept nonconforming papers except on written direction of a judge.
Rule 2.113 Form of Pleadings and Other Papers
(A) [Unchanged.]
(B) Every pleading must be legibly typewritten or printed in ink in the English language in print not smaller than 12-point type.
(C) — (G) [Unchanged.]
Staff Comment: The proposed amendments of MCR 1.109 and MCR 2.113 are intended to establish a uniform type size for all pleadings and other papers filed in Michigan courts. The 12-point minimum is currently in effect for all briefs filed at the Court of Appeals, MCR 7.212(B), and for all applications and briefs filed at the Supreme Court, MCR 7.302, 7.304, 7.306, and 7.309. The proposed amendments would bring all court filings into conformity with this standard. The proposed change is not intended to preclude the filing of typewritten or legible handwritten pleadings, provided they meet the size requirements.
The staff comment is published only for the benefit of the bench and bar and 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, 2003, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2002-53. Your comments and the comments of others will be posted at www.courts.michigan.gov/supremecourt.