Opinion
No. 2001-58.
September 17, 2002.
On order of the Court, this is to advise that the Court is considering amendments of Rules 7.302 and 7.306 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. The Court welcomes the views of all who wish to address the form or the merits of the proposal or to suggest alternatives. Before adoption or rejection, the proposal will be considered by the Court at a public hearing. Notice of future public hearings will be provided by the Court and 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 is amended as indicated below.]
Rule 7.302 Application for Leave to Appeal
(A)-(D) [Unchanged.]
(E) Reply Briefs. A reply brief may be filed as provided by MCR 7.212(G) .
(E)-(G) [Relettered (F)-(H), but otherwise unchanged.]
Rule 7.306 Briefs in Calendar Cases
(A)-(B) [Unchanged.]
(C) Reply Briefs. A reply brief may be filed as provided by MCR 7.212(G) .
(C) [Relettered (D), but otherwise unchanged.]
Staff Comment: The proposed amendment of MCR 7.302 and 7.306 would expressly authorize the filing of reply briefs in the Supreme Court at both the application stage of the proceedings and in calendar cases. The rules currently prescribe the color of the cover of a reply brief in the Supreme Court, but do not expressly authorize the brief's submission. This amendment would make the Supreme Court's practice consistent with the practice of the Court of Appeals.
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 this proposal may be sent to the Supreme Court Clerk in writing or electronically by January 1, 2003, Clerk's Office, Michigan Supreme Court, P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to file 2001-58. Your comments and the comments of others will be posted at www.courts.michigan.gov/supremecourt.