There is a distinction between a court’s orders and its opinions; an order is the actual judgment1, while an opinion consists of the factual and legal conclusions supporting the judgment. See generally Black’s Law Dictionary (11th ed). “[C]ourts speak through their judgments and decrees, not their oral statements or written opinions.” Tiedman v Tiedman, 400 Mich 571, 576 (1977). However, an opinion may be required in some circumstances.
Opinion required. In circuit court appeals, a circuit court must “decide [an] appeal by oral or written opinion and issue an order.” MCR 7.114(B). “The court’s order is its judgment.” Id. A court commits error by failing to issue an oral or written opinion when deciding an appeal. People v Anderson, 501 Mich 175, 181 n 2 (2018) (finding “the circuit court erred by treating the prosecutor’s appeal as a ‘motion’ and ‘denying’ the ‘motion’ without issuing an oral or written opinion”; however, the issue was deemed abandoned because the prosecutor did not seek relief for the error).
In criminal bench trials, “[t]he court must state its findings and conclusions on the record or in a written opinion made a part of the record.” MCR 6.403. The same is required when sentencing a juvenile in an automatic waiver proceeding, see MCR 6.931(E)(5)2, and when conducting a contempt hearing for a PPO or minor PPO violation, see MCR 3.708(H)(4) and MCR 3.987(G).
Committee Tip:
Although MCR 6.403 is not applicable to district courts pursuant to MCR 6.001, it is suggested that district courts also state their findings and conclusions on the record or in a written opinion made a part of the record in criminal bench trials.
In civil cases, when ruling on a motion for judgment notwithstanding the verdict or for a new trial, the court must concisely state the reasons for its ruling “either in a signed order or opinion filed in the action, or on the record.” See MCR 2.610(B)(3); MCR 2.611(F).
Committee Tip:
Trial courts should specify the subrule of MCR 2.116(C) relied on when granting or denying a motion for summary disposition. This will assist the appellate court in determining which standard to apply and what evidence to consider.
Opinion discretionary. Although in a civil bench trial or civil trial with an advisory committee, the court must find the facts and state conclusions of law under MCR 2.517(A)(1), it “may state the finding and conclusions on the record or include them in a written opinion,” MCR 2.517(A)(3) (emphasis added).3 Similar language applies to proceedings involving waiver of jurisdiction over a juvenile and designating a case involving a juvenile. See MCR 3.950(E)(1)(b)4; MCR 3.952(D)(1)(b).
Sealing opinion. “A court may not seal a court order or opinion, including an order or opinion that disposes of a motion to seal the record.” MCR 8.119(I)(6).