Glossary
A
•For purposes of MCL 791.235, activities of daily living “means basic personal care and everyday activities as described in 42 CFR 441.505, including, but not limited to, tasks such as eating, toileting, grooming, dressing, bathing, and transferring from 1 physical position to another, including, but not limited to, moving from a reclining position to a sitting or standing position.” MCL 791.235(22)(a).
•For purposes of subchapter 7.100 of the Michigan Court Rules, agency “means any governmental entity other than a ‘trial court,’ the decisions of which are subject to appellate review in the circuit court[.]” MCR 7.102(1).
•For purposes of subchapter 7.100 of the Michigan Court Rules, appeal “means judicial review by the circuit court of a judgment, order, or decision of a ‘trial court’ or ‘agency,’ even if the statute or constitutional provision authorizing circuit court appellate review uses a term other than ‘appeal.’ ‘Appeal’ does not include actions commenced under the Freedom of Information Act, MCL 15.231 et seq., proceedings described in MCR 3.302 through MCR 3.306, and motions filed under MCR 6.110(H)[.]” MCR 7.102(2).
•For purposes of subchapter 7.100 of the Michigan Court Rules, appeal fee “means the fee required to be paid to the circuit court upon filing an appeal and any fee required to be paid to the ‘trial court’ or ‘agency’ in conjunction with the appeal[.]” MCR 7.102(3).
C
•For purposes of subchapter 7.100 of the Michigan Court Rules, clerk “means clerk of the court[.]” MCR 7.102(4).
•For purposes of supchapter 7.200 of the Michigan Court Rules, clerk “means the Court of Appeals clerk, unless otherwise stated[.]” MCR 7.202(1).
•For purposes of MCR subchapter 7.100, court “means the circuit court[.]” MCR 7.102(5).
D
•For purposes of subchapter 7.100 of the Michigan Court Rules, date of filing “means the date of receipt of a document by the ‘clerk’[.]” MCR 7.102(6).
•For purposes of the Department of Corrections Act, MCL 791.201 et seq., department means the Department of Corrections. See MCL 791.201.
E
•For purposes of subchapter 7.100 of the Michigan Court Rules, entry “is as defined in MCR 7.204(A)[.]” MCR 7.102(7). MCR 7.204(A) defines that term to mean “the date a judgment or order is signed, or the date that data entry of the judgment or order is accomplished in the issuing tribunal’s register of actions.”
F
•For purposes of subchapter 7.200 of the Michigan Court Rules, filing “means the delivery of a document to the clerk and the receipt and acceptance of the document by the clerk with the intent to enter it in the record of the court or the electronic transmission of data and documents through the electronic filing system as provided in MCR 1.109(G)[.]” MCR 7.202(4).
•For purposes of subchapter 7.100 of the Michigan Court Rules, final judgment or final order “is as defined in MCR 7.202(6)[.]” MCR 7.102(8). MCR 7.202(6) defines those terms to means:
“(a) In a civil case,
(i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order;
(ii) an order designated as final under MCR 2.604(B);
(iii) in a domestic relations action, a postjudgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile;
(iv) a postjudgment order awarding or denying attorney fees and costs under court rule or other law;
(v) an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on a claim of governmental immunity; or
(vi) in a foreclosure action involving a claim for remaining proceeds under MCL 211.78t, a postjudgment order deciding the claim.
(b) In a criminal case,
(i) an order dismissing the case;
(ii) the original sentence imposed following conviction;
(iii) a sentence imposed following the grant of a motion for resentencing;
(iv) a sentence imposed, or order entered, by the trial court following a remand from an appellate court in a prior appeal of right; or
(v) a sentence imposed following revocation of probation.” MCR 7.202(6).
M
•For purposes of MCL 791.234, medically frail “means that term as defined in [MCL 791.235(22)]. MCL 791.235(22)(c) states that the term “describes an individual who is a minimal threat to society as a result of his or her medical condition, who has received a risk score of low on a validated risk assessment, whose recent conduct in prison indicates he or she is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and complex medical condition resulting in the inability to do 1 or more of the following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder, including dementia, Alzheimer’s, or a similar degenerative brain disorder that results in the need for nursing home level of care, and a significantly impaired ability to perform 2 or more activities of daily living.”
O
Order of eviction (writ of restitution)
•MCL 600.5744 addresses issuing a writ of restitution, and indicates it is “a writ commanding a court officer appointed by or a bailiff of the issuing court, the sheriff or a deputy sheriff of the county in which the issuing court is located, or an officer of the law enforcement agency of the local unit of government in which the issuing court is located to restore the plaintiff to and put the plaintiff in full, peaceful possession of the premises by removing all occupants and all personal property from the premises and doing either of the following:
(a) Leaving the property in an area open to the public or in the public right-of-way.
(b) Delivering the property to the sheriff as authorized by the sheriff.” MCL 600.5744(1).
R
•For purposes of MCR 7.109, record is defined in MCR 7.210(A)(1)-(2). MCR 7.109(A)(1)-(2). MCR 7.210(A)(1)-(2) provide the following definitions:
“(1) Appeal From Court. In an appeal from a lower court, the record consists of the original documents filed in that court or a certified copy, the transcript of any testimony or other proceedings in the case appealed, and the exhibits introduced. In an appeal from probate court in an estate or trust proceeding, an adult or minor guardianship proceeding under the Estates and Protected Individuals Code, or a proceeding under the Mental Health Code, only the order appealed from and those petitions, opinions, and other documents pertaining to it need be included.
(2) Appeal From Tribunal or Agency. In an appeal from an administrative tribunal or agency, the record includes all documents, files, pleadings, testimony, and opinions and orders of the tribunal, agency, or officer (or a certified copy), except those summarized or omitted in whole or in part by stipulation of the parties. Testimony not transcribed when the certified record is sent for consideration of an application for leave to appeal, and not omitted by stipulation of the parties, must be filed and sent to the court as promptly as possible.
T
•For purposes of subchapters 6.000-6.800 of the Michigan Court Rules, technical probation violation “means any violation of the terms of a probation order, including missing or failing a drug test, excluding the following:
(a) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(b) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(c) The consumption of alcohol by a probationer who is on probation for a felony violation of MCL 257.625.
(d) Absconding, defined as the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCR 6.003(7).
•For purposes of subchapter 7.100 of the Michigan Court Rules, trial court “means the district court or municipal court from which the ‘appeal’ is taken.” MCR 7.102(9).