June 13, 2000



99-33



Amendment of Rules 6.610 and 
7.103 of the Michigan Court
Rules
_____________________________


          On 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 amendments of Rules 6.610 and
7.103 of the Michigan Court Rules are adopted, to be effective
September 1, 2000.  As to judgments entered before that date, the
6-month period specified in MCR 7.103(B)(6) begins on September
1, 2000.


[The present language is amended as indicated below.]

ICLE Editor's Note:

Rule 6.610     Criminal Procedure Generally

(A) – (D) [Unchanged.]

(E)  Pleas of Guilty and No Contest.  Before accepting a plea of
     guilty or no contest the court shall in all cases comply
     with this rule.

(1) – (6) [Unchanged.]

(7)  The following provisions apply where a defendant seeks
     to challenge the plea.

(a)  A defendant may not challenge a plea on appeal
     unless the defendant moved in the trial court to
     withdraw the plea for noncompliance with these
     rules.  Such a motion may be made either before or
     after sentence has been imposed.  After
     imposition of sentence, the defendant may file a
     motion to withdraw the plea within the time for
     filing an application for leave to appeal under
     MCR 7.103(B)(6).

(b) – (c) [Unchanged.]

(8) [Unchanged.]

(F) – (G) [Unchanged.]

(H)    Motion for New Trial.  A motion for a new trial must be
     filed within 21 days after the entry of judgment.  However,
     if an appeal has not been taken, a delayed motion may be
     filed within the time for filing an application for leave to
     appeal.
               


Rule 7.103     Application for Leave to Appeal

(A) [Unchanged.]

(B)  Procedure.

(1) – (5) [Unchanged.]

(6)  An application under subrule (A)(2) or an application
     that is not timely under subrule (B)(1), must be
     accompanied by an affidavit explaining the delay.  The
     circuit court may consider the length of and the
     reasons for the delay in deciding whether to grant the
     application.  A delayed application may not be filed
     more that 6 months after entry of the order or judgment
     on the merits.

(C)  [Unchanged.]


Staff Comment:  The amendment of MCR 6.610(E)(7)
establishes time limits for moving to withdraw pleas in district
court criminal cases, comparable to those in circuit court cases. 
See MCR 6.311.  New MCR 6.610(H) sets time limits for filing a
motion for a new trial in district court criminal cases.

The amendment of MCR 7.103(B)(6) places a 6-month time limit on
applications for leave to appeal to circuit court, corresponding
to the 12-month limit applicable in appeals to the Court of
Appeals.  See MCR 7.205(F)(3).  As to judgments entered before
the effective date of the amendment, the 6-month period specified
in MCR 7.103(B)(6) begins on the effective date, September 1,
2000. 


The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.  


          Cavanagh and Kelly, JJ., dissent from the failure to
adopt the portions of the proposals that were published for
comment that would have made the procedures of MCR Subchapter
6.500 applicable to district court cases.