ICLE Homepage | Other New and Amended MCRs
March 24, 1998
As Amended March 25, 1998
98-09
Amendment of Rules 2.109, 2.111
2.112, 2.119, 8.103, 8.106, 8.110,
8.111, 9.114, and 9.203 of the
Michigan Court Rules
_____________________________________
On order of the Court, the following amendment of
Michigan Court Rules 2.109, 2.111, 2.112, 2.119, 8.103, 8.106,
8.110, 8.111, 9.114, and 9.203 are adopted, effective April 1,
1998. The amendment of MCR 2.111 applies to actions filed on or
after January 1, 1998:
ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been
deleted.
Bold text indicates new text.
Rule 2.109 Security for Costs
(A) [Unchanged.]
[(B) Medical Malpractice Actions. In an action alleging
medical malpractice filed on or after October 1, 1986,
the parties must file security for costs or an
affidavit in lieu of such security as provided in MCL
600.2912d, 600.2912e; MSA 27A.2912(4), 27A.2912(5).
Notice of filing the security or the affidavit must be
promptly served on the opposing party. If the opposing
party has appeared in the action, the notice may be
served in the manner provided by MCR 2.107. If the
opposing party has not appeared, the notice must be
served in the manner provided by MCR 2.105. Proof of
service of the notice must be promptly filed with the
court.]
[](B) - (C) [Formerly (C) - (D), redesignated, but
otherwise unchanged.]
Rule 2.111 General Rules of Pleading
(A) [Unchanged.]
(B) Statement of Claim. A complaint, counterclaim, cross-claim,
or third-party complaint must contain the following:
(1) [Unchanged.]
(2) A demand for judgment for the relief that the pleader
seeks. If the pleader seeks an award of money, a
specific amount must be stated if the claim is for a
sum certain or a sum that can by computation be made
certain, or if the amount sought is [$10,000]
$25,000 or less. Otherwise, a specific amount
may not be stated, and the pleading must include
allegations that show that the claim is within the
jurisdiction of the court. Declaratory relief may be
claimed in cases of actual controversy. See MCR 2.605.
Relief in the alternative or relief of several
different types may be demanded.
(C) - (F) [Unchanged.]
Rule 2.112 Pleading Special Matters
(A) - (K) [Unchanged.]
(L) Medical Malpractice Actions. In an action
alleging medical malpractice filed on or after
October 1, 1993, each party must file an affidavit
as provided in MCL 600.2912d, 600.2912e; MSA
27A.2912(4), 27A.2912(5). Notice of filing the
affidavit must be promptly served on the opposing
party. If the opposing party has appeared in the
action, the notice may be served in the manner
provided by MCR 2.107. If the opposing party has
not appeared, the notice must be served in the
manner provided by MCR 2.105. Proof of service of
the notice must be promptly filed with the
court.
Rule 2.119 Motion Practice
(A) - (F) [Unchanged.]
(G) Motion Fees. The following provisions apply to
actions [courts] in which a motion fee is
required by MCL 600.2529(1)(e); MSA 27A.2529(1)(e) or MCL
600.8371(10); MSA 27A.8371(10):
(1) A motion fee must be paid on the filing of any request
for an order in a pending action, whether the request
is entitled "motion," "petition," "application," or
otherwise.
(2) The clerk shall charge a single motion fee, in the
amount specified by MCL 600.2529(1)(e);
MSA 27A.2529(1)(e) or MCL 600.8371(10); MSA
27A.8371(10), for all motions filed at the same
time in an action regardless of the number of
separately captioned documents filed or the number of
distinct or alternative requests for relief included in
the motions.
(3) A motion fee may not be charged:
(a) in criminal cases;
(b) for a notice of settlement of a proposed judgment
or order under MCR 2.602(B);
(c) for a request for an order waiving fees under MCR
2.002 or MCL 600.2529(4); MSA 27A.2529(4) or
MCL 600.8371(6); MSA 27A.8371(6);
(d) if the motion is filed at the same time as another
document in the same action as to which a fee is
required by another provision of MCL 600.2529; MSA
27A.2529 or MCL 600.8371; MSA 27A.8371; or
(e) for entry of an uncontested order under subrule
(D).
Rule 8.103 State Court Administrator
The state court administrator, under the Supreme Court's
supervision and direction, shall:
(1) - (2) [Unchanged.]
(3) on receipt of the monthly reports as provided in MCR
8.110([E]C)(5), investigate each case in an
effort to determine the reason for delays, recommend actions
to eliminate delays, and recommend further actions to
expedite process to insure speedy trials of criminal cases,
(4) - (11) [Unchanged.]
Rule 8.106 Money Paid Into Court
(A) When Court Order Required. Except as otherwise provided by
law or when the money is in the form of cash bonds, the
clerk may not perform services in handling money under
[MCL 600.2528(1)(h); MSA 27A.2528(1)(h) or] MCL
600.2529(1)([i]f); MSA
27A.2529(1)([i]f) without a signed order of
the court.
(B) - (E) [Unchanged.]
Rule 8.110 Chief Judge Rule
(A) - (B) [Unchanged.]
(C) Duties and Powers of Chief Judge.
(1) - (2) [Unchanged.]
(3) As director of the administration of the court, a chief
judge shall have administrative superintending power
and control over the judges of the court and all court
personnel with authority and responsibility to:
(a) - (d) [Unchanged.]
(e) coordinate judicial and personnel vacations and
absences, subject to the provisions of subrule
([F]D);
(f) - (i) [Unchanged.]
(4) - (7) [Unchanged.]
(D) [Unchanged.]
Rule 8.111 Assignment of Cases
(A) - (C) [Unchanged.]
(D) Actions Arising out of Same Transaction or Occurrence.
Subject to subrule 8.110([E]C),
(1) - (4) [Unchanged.]
Rule 9.114 Action by Administrator or Commission After Answer
(A) [Unchanged.]
(B) Contractual Probation. For purposes of this subrule,
"contractual probation" means the placement of a
consenting respondent on probation by the commission,
without the filing of formal charges. Contractual
probation does not constitute discipline, and shall be
confidential under MCR 9.126 except as provided by MCR
9.115(J)(3).
(1) - (3) [Unchanged.]
(4) The placing of a respondent on contractual
probation shall constitute a final disposition
that entitles the complainant to notice in
accordance with MCR 9.114([C]D), and
to file a mandamus action in accordance with MCR
9.122(A)(2).
(C) - (E) [Unchanged.]
Rule 9.203 Judicial Tenure Commission; Powers; Review
(A) - (D) [Unchanged.]
(E) Jurisdiction Over Visiting Judges. Notwithstanding MCR
9.116([A]B), the Attorney Grievance Commission
may take action immediately against a visiting judge who
currently holds no other judicial office if the allegations
of misconduct pertain to professional or personal activities
unrelated to the respondent's activities as a judge.
STAFF COMMENT: The March 24, 1998, amendments of 2.109,
2.111, 2.112, 2.119, 8.103, 8.106, 8.110, 8.111, 9.114, and
9.203, make technical changes necessary in light of statutory
amendments and correct cross-references.
The amendments of MCR 2.109 and 2.112 relate to amendments of MCR
600.2912d, 600.2912e; MSA 27A.2912(d), 27A.2912(e), by 1993 PA
78.
The amendments of MCR 2.111 and 2.119 are based on statutes
amended by 1996 PA 388. The change in MCR 2.111(B)(2) applies to
actions filed on or after January 1, 1998, the effective date of
the statute increasing the jurisdictional limit of the district
court.
The amendment of MCR 8.106 corrects a statutory reference in
light of 1993 PA 189.
The remaining amendments make changes in cross-references
necessitated by earlier amendments. Some published versions of
the rules already include several of these corrections.
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.