June 2, 1999

CORRECTED COPY June 9, 1999


98-21
98-33
98-39


Amendments of Michigan

Court Rules 7.201, 7.202, 7.203,

7.212, 7.215, and 7.217
_____________________________________



     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 amendment of Rules 7.201, 7.202,
7.203, 7.212, 7.215, and 7.217, of the Michigan Court Rules are
adopted, to be effective September 1, 1999.


[The present language is amended as indicated below.]

ICLE Editor's Note:

Rule 7.201 Organization and Operation of Court of Appeals

(A)  [Unchanged.]

(B)  Court of Appeals Clerk; Place of Filing Papers; Fees.  

(1) - (2) [Unchanged.]

(3)  If a case is accepted for filing without all of the
     required documents, transcripts, or fees, the
     appellant, or the plaintiff in an original action under
     MCR 7.206, must supply the missing items within 21 days
     after the date of the clerk's notice of deficiency. 
     The chief judge or another designated judge may
     dismiss the appeal and assess costs if the deficiency
     is not remedied within that time.  

(C) - (H) [Unchanged.] 


Rule 7.202 Definitions

For purposes of this subchapter:

(1) - (5) [Unchanged.]

[(6)   "signed" means the original signature (facsimile
     signature is not permitted) of the attorney for a party
     or the signature of a party proceeding on the party's
     own behalf;]

(6) - (7) [Formerly (7) - (8), redesignated, but otherwise
unchanged.]                             



Rule 7.203     Jurisdiction of the Court of Appeals

(A) - (E) [Unchanged.] 

(F)    Dismissal.

(1)  Except when a motion to dismiss has been filed,
     the chief judge or another designated judge may,
     acting alone, dismiss an appeal or original
     proceeding for lack of jurisdiction.

(2)  The appellant or plaintiff may file a motion for
     reconsideration within 21 days after the date of
     the order of dismissal.  The motion shall be
     submitted to a panel of 3 judges.  No entry fee is
     required for a motion filed under this subrule.

(3)  The clerk will not accept for filing a motion for
     rehearing of an order issued by a 3-judge panel
     that denies a motion for reconsideration filed
     under subrule (2).



Rule 7.212 Briefs

(A) - (B) [Unchanged.]

(C)  Appellant's Brief; Contents.  The appellant's brief must
     contain, in the following order:

(1) - (5) [Unchanged.]

(6)  A statement of facts that must be a clear, concise, and
     chronological narrative.  All material facts, both
     favorable and unfavorable, must be fairly stated
     without argument or bias.  The statement must contain,
     with specific page references to the [record]
     transcript, the pleadings, or other document or
     paper filed with the trial court,

(a) - (g) [Unchanged.]

(7)  The arguments, each portion of which must be prefaced
     by the principal point stated in capital letters or
     boldface type.  As to each issue, the argument must
     include a statement of the applicable standard or
     standards of review and supporting authorities.  Facts
     stated must be supported by specific page references to
     the [record] transcript, the pleadings, or
     other document or paper filed with the trial court. 
     Page references to the [record must also be given to
     show whether the issue was preserved for appeal by
     appropriate objection or by other means]
     transcript, the pleadings, or other document or
     paper filed with the trial court must also be given to
     show whether the issue was preserved for appeal by
     appropriate objection or by other means.  If
     determination of the issues presented requires the
     study of a constitution, statute, ordinance,
     administrative rule, court rule, rule of evidence,
     judgment, order, written instrument, or document, or
     relevant part thereof, this material must be reproduced
     in the brief or in an addendum to the brief.  If an
     argument is presented concerning the sentence imposed
     in a criminal case, the appellant's attorney must send
     a copy of the presentence report to the court at the
     time the brief is filed;

(8) - (9) [Unchanged.]

(D)  Appellee's Brief; Contents.  

(1) - (2) [Unchanged.]

(3)  Unless under the headings "Statement of Questions
     Involved" and "Statement of Facts" the appellee accepts
     the appellant's statements, the appellee shall
     include:

(a)  [Unchanged.]

(b)  a counter-statement of facts, pointing out the
     inaccuracies and deficiencies in the appellant's
     statement of facts without repeating that
     statement and with specific page references to the
     [record] transcript, the pleadings, or
     other document or paper filed with the trial
     court, to support the appellee's assertions.

(E) - (I) [Unchanged.]



Rule 7.215     Opinions, Orders, Judgments, and Final Process
     from Court of Appeals

(A) - (G) [Unchanged.]

(H)  Resolution of Conflicts in Court of Appeals Decisions.

     (1) - (2) [Unchanged.]

(3)  Convening of Special Panel.  

(a)  Poll of Judges.  Except as provided in subrule
     (3)(b), [W] within [14]
     28 days after release of the opinion
     indicating disagreement with a prior decision as
     provided in subrule (2), the chief judge must poll
     the judges of the Court of Appeals to determine
     whether the particular question is both outcome
     determinative and warrants convening a special
     panel [should be convened] to rehear the
     case for the purpose of resolving the conflict
     that would have been created but for the
     provisions of subrule (1).  Special panels may be
     convened to consider outcome-determinative
     questions only.  

          (b)    Effect of Pending Supreme Court Appeal.  No
               poll shall be conducted and a special panel shall
               not be convened if, at the time the judges are
               required to be polled, the Supreme Court has
               granted leave to appeal in the controlling case.

(c)   [Formerly (b), redesignated but otherwise
     unchanged.]

     (4)  [Unchanged.]

(5)  Consideration of Case by Panel.  An order directing the
     convening of a special panel must vacate only that
     portion of the prior opinion in the case at
     bar[.] addressing the particular question
     that would have been decided differently but for the
     provisions of subrule (1).  The special panel shall
     limit its review to resolving the conflict that would
     have been created but for the provisions of subrule (1)
     and applying its decision to the case at bar.  The
     parties are permitted to file supplemental briefs, and
     are entitled to oral argument before the special panel
     unless the panel unanimously agrees to dispense with
     oral argument.  The special panel shall return to
     the original panel for further consideration any
     remaining, unresolved issues, as the case may
     require.

(6)  [Unchanged.]

(7)  Rehearing; Appeal.  There is no appeal from the
     decision of the Court of Appeals as to whether to
     convene a special panel.  As to the decision in the
     case at bar, the time limits for moving for rehearing
     or for filing an application for leave to appeal to the
     Supreme Court run from the date of the order declining
     to convene a special panel or, if a special
     panel is convened, from the date of the decision of the
     special panel, except that, if the case is returned
     to the original panel for further consideration in
     accordance with subrule (5), the time limits shall run
     from the date of the original panel's decision, after
     return from the special panel.  If a motion for
     rehearing is filed, it shall be submitted to the
     special panel, which, if appropriate, may refer some or
     all of the issues presented to the original panel.


     
Rule 7.217     Involuntary Dismissal of Cases

(A)  Dismissal.  If the appellant, or the plaintiff in an
     original action under MCR 7.206, fails to order a
     transcript, file a brief, or comply with court rules, the
     clerk will notify the parties that the appeal may be
     dismissed for want of prosecution unless the deficiency is
     remedied within 21 days after the date of the clerk's notice
     of deficiency.  If the deficiency is not remedied within
     that time, the chief judge or another designated
     judge may dismiss the appeal for want of prosecution.

(B)  [Unchanged.]

(C)  Other Action.  In all instances of failure to prosecute an
     appeal to hearing as required, the [court] chief
     judge or another designated judge may take such other
     action as [it deems] is deemed appropriate.

(D)  [Unchanged.]



 Kelly, J., dissents from the adoption of MCR 7.201(B)(3),
7.203(F), and 7.217(A) and (C).


STAFF COMMENT:

This group of amendments deal with various matters regarding
appellate procedure.  The following rules are affected:

MCR 7.201(B), 7.217(A) and (C) -- Permit the Chief Judge, or
another designated judge, acting alone, to enter certain orders
when a party does not proceed in accordance with the rules.

MCR 7.202(6) -- Delete the definition of "signed" from the rule.

New MCR 7.203(F) -- Permit the chief judge, or another designated
judge, acting alone, to dismiss an appeal or original proceeding
for lack of jurisdiction, and create a procedure for the
appellant or plaintiff to seek reconsideration of that decision.

MCR 7.212(C) and (D) -- Clarify the requirement of specific page
references to the record in appellate briefs.

MCR 7.215(H) -- Modify several provisions in the rule governing
resolution of conflicts in Court of Appeals decisions.


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