MICHIGAN COURT RULES OF 1985
Updated April 26, 2024
Subchapter 1.100 Applicability; Construction
These rules are the “Michigan Court Rules of 1985.” An individual rule may be referred to as “Michigan Court Rule __________,” and cited by the symbol “MCR __________.” For example, this rule may be cited as MCR 1.101.
These rules take effect on March 1, 1985. They govern all proceedings in actions brought on or after that date, and all further proceedings in actions then pending. A court may permit a pending action to proceed under the former rules if it finds that the application of these rules to that action would not be feasible or would work injustice.
The Michigan Court Rules govern practice and procedure in all courts established by the constitution and laws of the State of Michigan. Rules stated to be applicable only in a specific court or only to a specific type of proceeding apply only to that court or to that type of proceeding and control over general rules.
Rule 1.104 Statutory Practice Provisions
Rules of practice set forth in any statute, if not in conflict with any of these rules, are effective until superseded by rules adopted by the Supreme Court.
These rules are to be construed, administered, and employed by the parties and the court to secure the just, speedy, and economical determination of every action and to avoid the consequences of error that does not affect the substantial rights of the parties.
The catch lines of a rule are not part of the rule and may not be used to construe the rule more broadly or more narrowly than the text indicates.
Words used in the singular also apply to the plural, where appropriate.
Rule 1.108 Computation of Time
In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply:
(1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order.
(2) If a period is measured by a number of weeks, the last day of the period is the same day of the week as the day on which the period began.
(3) If a period is measured by months or years, the last day of the period is the same day of the month as the day on which the period began. If what would otherwise be the final month does not include that day, the last day of the period is the last day of that month. For example, “2 months” after January 31 is March 31, and “3 months” after January 31 is April 30.
Rule 1.109 Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access
(A) Court Records Defined.
(1) Court records are defined by MCR 8.119 and this subrule. Court records are recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules. Court records may be created using any means and may be maintained in any medium authorized by these court rules provided those records comply with other provisions of law and these court rules.
(a) Court records include, but are not limited to:
(i) documents, attachments to documents, discovery materials, and other materials filed with the clerk of the court,
(ii) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records.
(b) For purposes of this subrule:
(i) Documents include, but are not limited to, pleadings, orders, and judgments.
(ii) Recordings refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.
(iii) Data refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.
(iv) Other recorded information includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.
(2) Discovery materials that are not filed with the clerk of the court are not court records. Exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not court records.
(B) Document Defined. A document means a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 81/2 x 11 inch paper without manipulation.
(C) Filing With Court Defined. Pleadings and other documents and materials filed with the court as required by these court rules must be filed with the clerk of the court in accordance with MCR 1.109(D), except that the judge to whom the case is assigned may accept materials for filing when circumstances warrant. A judge who does so shall note the filing date on the materials and immediately transmit them to the clerk. It is the responsibility of the party who presented the materials to the judge to confirm that they have been filed with the clerk. If the clerk records the receipt of materials on a date other than the filing date, the clerk shall record the filing date in the case history.
(D) Filing Standards.
(1) Form and Captions of Documents.
(a) All documents prepared for filing in the courts of this state and all documents issued by the courts for placement in a case file must be legible and in the English language, comply with standards established by the State Court Administrative Office, and be on good quality 8½ by 11 inch paper or transmitted through an approved electronic means and maintained as a digital image. Except for attachments, the font size must be 12 or 13 point for body text and no less than 10 point for footnotes, except with regard to forms approved by the State Court Administrative Office. Transcripts filed with the court must contain only a single transcript page per document page, not multiple pages combined on a single document page.
(b) The first part of every document must contain a caption stating:
(i) the name of the court;
(ii) the names of the parties or the title of the action or proceeding, subject to (c);
(iii) the case number, including a prefix of the year filed and a two-letter suffix for the case-type code from a list provided by the State Court Administrator pursuant to MCR 8.117, according to the principal subject matter of the proceeding;
(iv) the identification of the document;
(v) the name, business address, telephone number, and state bar number of each attorney appearing in the case; and
(vi) the name, an address, and telephone number of each party appearing without an attorney.
Parties and attorneys may also include Ms., Mr., or Mx. as a preferred form of address and one of the following personal pronouns in the name section of the caption: he/him/his, she/her/hers, or they/them/theirs. Courts must use the individual's name, the designated salutation or personal pronouns, or other respectful means that are not inconsistent with the individual's designated salutation or personal pronouns when addressing, referring to, or identifying the party or attorney, either orally or in writing.
(c) In a civil action initiating document, the title of the action must include the names of all the parties, with the plaintiff’s name placed first. In subsequent documents, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties, such as “et al.”
(d) In a case filed under the juvenile code, the caption must also contain a petition number, where appropriate.
(e) If an action has been assigned to a particular judge in a multi-judge court, the name of that judge must be included in the caption of a document later filed with the court.
(f) An affidavit must be verified by oath or affirmation.
(2) Case Initiation Information. A party filing a case initiating document and a party filing any response or answer to a case initiating document shall provide specified case information in the form and manner established by the State Court Administrative Office and as specified in other applicable rules. At a minimum, specified case information shall include the name, an address for service, an e-mail address, and a telephone number of every party, and:
(a) in a civil action, either of the following statements:
(i) There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint, or
(ii) A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed in [this court]/ [_________ Court], where it was given case number __________ and was assigned to Judge ___________. The action [remains]/[is no longer] pending.
(b) in proceedings governed by chapters 3.200 and 3.900, except for outgoing requests to other states and incoming registration actions filed under the Revised Uniform Reciprocal Enforcement of Support Act, MCL 780.151 et seq. and the Uniform Interstate Family Support Act, MCL 552.2101 et seq., either of the following statements, if known:
(i) There are no pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person[s] who [is/are] the subject of the complaint or petition, or
(ii) There is one or more pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person[s] who [is/are] the subject of the complaint or petition. I have filed a completed case inventory listing those cases.
(3) Verification. Except when otherwise specifically provided by rule or statute, a document need not be verified or accompanied by an affidavit. If a document is required or permitted to be verified, it may be verified by
(a) oath or affirmation of the party or of someone having knowledge of the facts stated; or
(b) except as to an affidavit, including the following signed and dated declaration:
“I declare under the penalties of perjury that this _________ has been examined by me and that its contents are true to the best of my information, knowledge, and belief.” Any requirement of law that a document filed with the probate court must be sworn may be also met by this declaration.
In addition to the sanctions provided by subrule (E), a person who knowingly makes a false declaration under this subrule may be found in contempt of court.
(4) All other materials submitted for filing shall be prepared in accordance with this subrule and standards established by the State Court Administrative Office. An attachment or discovery material that is submitted for filing shall be made part of the public case file unless otherwise confidential.
(5) Except where electronic filing is implemented, all original documents filed on paper may be reproduced and maintained by the court as a digital image in place of the paper original in accordance with standards established by the State Court Administrative Office. Any document reproduced under this subrule replaces the paper as the official record.
(6) A clerk of the court may reject nonconforming documents as prescribed by MCR 8.119.
(7) Electronic filing and electronic service of documents is governed by subrule (G) and the policies and standards of the State Court Administrative Office.
(8) Filing Documents Under Seal. Public documents may not be filed under seal except when the court has previously entered an order in the case under MCR 2.302(C). However, a document may be made nonpublic temporarily before an order is entered as follows:
(a) A filer may request that a public document be made nonpublic temporarily when filing a motion to seal a document under MCR 8.119(I). As part of the filing, the filer shall provide a proposed order granting the motion to seal and shall identify each document that is to be sealed under the order. The filer shall bear the burden of establishing good cause for sealing the document.
(b) Pending the court’s order, the filer shall serve on all the parties:
(i) copies of the motion to seal and the request to make each document nonpublic temporarily,
(ii) each document to be sealed, and
(iii) the proposed order.
(c) The clerk of the court shall ensure that the documents identified in the motion are made nonpublic pending entry of the order.
(d) Before entering an order sealing a document under this rule, the court shall comply with MCR 8.119(I). On entry of the order on the motion, the clerk shall seal only those documents stated in the court’s order and shall remove the nonpublic status of any of the documents that were not stated in the order.
(9) Personal Identifying Information.
(a) The following personal identifying information is protected and shall not be included in any public document or attachment filed with the court on or after April 1, 2022, except as provided by these rules:
(i) date of birth,
(ii) social security number or national identification number,
(iii) driver’s license number or state-issued personal identification card number,
(iv) passport number, and
(v) financial account numbers.
(b) Filing, Accessing, and Serving Personal Identifying Information
(i) All protected personal identifying information listed in this rule that is required by law or court rule to be filed with the court or that is necessary to the court for purposes of identifying a particular person in a case must be provided to the court in the form and manner established by the State Court Administrative Office.
(ii) Where a social security number is required to be filed with the court, it shall be the last four digits only. This requirement does not apply to documents required to be filed with the friend of the court that are not placed in the court's legal file under MCR 8.119(D).
(iii) Except as otherwise provided by these rules, if a party is required to include protected personal identifying information in a public document filed with the court, the party shall file the document with the protected personal identifying information redacted, along with a personal identifying information form approved by the State Court Administrative Office under subrule (i). The personal identifying information form must identify each item of redacted information and specify an appropriate reference that uniquely corresponds to each item of redacted information listed. All references in the case to the redacted identifiers listed in the personal identifying information form will be understood to refer to the corresponding complete identifier. A party may amend the personal identifying information form as of right. Fields for protected personal identifying information may be included in SCAO-approved court forms, and the information will be protected in the form and manner established by the State Court Administrative Office.
Unredacted protected personal identifying information may be included on Uniform Law Citations filed with the court and on proposed orders submitted to the court. If a party submits to the court a proposed order that is required to contain unredacted protected personal identifying information once issued by the court, the party shall not attach the proposed order to another document.
(iv) Protected personal identifying information provided under this subrule is nonpublic and available, as required for case activity or as otherwise authorized by law or these court rules, only to the parties to the case; interested persons as defined in these court rules; and other persons, entities, or agencies entitled by law or these court rules to access nonpublic records filed with the court.
(v) Consent.
(A) A party may stipulate in writing to allow access to his or her protected personal identifying information to any person, entity, or agency. Unless otherwise provided by this subrule, the stipulation must be presented to the court when trying to access the protected personal identifying information.
(B) The State Court Administrative Office will maintain a list of authorized individuals who are permitted access to a party’s date of birth contained in a court record for purposes of verifying the identity of that particular person without the need to present a stipulation to the court. To be placed on this list, these individuals must conform to the following procedures:
(1) In a written document, identify the entity for which they work and provide assurance to the State Court Administrative Office that each time they seek verification of a party's date of birth, it will be in the course of their work and with that person's consent. The consent must be retained in the possession of the authorized individual, the entity for whom the individual works, the person or organization seeking the information about the person, or someone acting on behalf of that person or organization. Such assurance may be satisfied by a letter from the entity for which the individual works or other document establishing authorization. The assurance required under this provision shall be updated at least every six months, beginning from the date of the original submission. The update must be provided by the individual who seeks access to a person's date of birth or by the entity that authorizes the individual to operate on its behalf in accessing the information.
(2) Submit proof of their employer’s or hiring entity’s current professional liability insurance in effect during the period when an authorized individual will be seeking date of birth information from a court. Failure to do so will result in the individual being removed from the list or in the individual not being placed on the list. The information provided in support of this provision shall be nonpublic. The proof of insurance required under this provision shall be updated upon the expiration or termination of the insurance policy.
(3) Courts must verify the identity of anyone who claims to be an authorized individual by ensuring the name on the individual’s state-issued identification matches the name in SCAO’s authorized user list. Courts and the State Court Administrative Office may create secure, individualized accounts that allow authorized individuals to access a party’s date of birth electronically. A court must issue a public register of actions or other public document that includes a party's date of birth to an authorized individual.
(vi) A party or a court is not exempt from the requirement to serve a nonpublic document containing protected personal identifying information that has been filed with the court under subrule (i), except by court order in accordance with subrule (vii).
(vii) Upon a finding of just cause, on the court’s own motion or on motion of the party, the court may order any personal identifying information be made confidential. The order shall identify the party, person, or entity to whom access is restricted. If a party’s home address or telephone number is made confidential, the order shall designate an alternative address for serving documents on that party or provide an alternative telephone number for making contact with that party for purposes of case activity.
(c) Local court forms shall not contain fields for protected personal identifying information. A court shall not reject a document for filing, dismiss a case, or take other negative action against a party for failure to file protected personal identifying information on a local court form.
(d) Failure to Comply.
(i) A party waives the protection of personal identifying information as to the party’s own protected information by filing it in a public document and not providing it in the form and manner established under this rule.
(ii) If a party fails to comply with the requirements of this rule, the court may, upon motion or its own initiative, seal the improperly filed documents and order new redacted documents to be prepared and filed.
(e) Protected personal identifying information provided to the court as required by subrule (b) shall be entered into the court's case management system in accordance with standards established by the State Court Administrative Office. The information shall be maintained for the purposes for which it was collected and for which its use is authorized by federal or state law or court rule; however, it shall not be included or displayed as case history under MCR 8.119(D)(1).
(10) Request for Copy of Public Document with Protected Personal Identifying Information; Redacting Personal Identifying Information; Responsibility; Certifying Original Record; Other.
(a) The responsibility for excluding or redacting personal identifying information listed in subrule (9) from all documents filed with or offered to the court rests solely with the parties and their attorneys. The clerk of the court is not required to review, redact, or screen documents at time of filing for personal identifying information, protected or otherwise, whether filed electronically or on paper. For a document filed with or offered to the court, except as otherwise provided in these rules, the clerk of the court is not required to redact protected personal identifying information from that document, regardless of whether filed before or after April 1, 2022, before providing a requested copy of the document (whether requested in person or via the internet) or before providing direct access to the document via a publicly accessible computer at the courthouse.
(b) Dissemination of social security numbers by the courts is restricted to the purposes for which its use is authorized by federal or state law. When a court receives a request for copies of any public document filed on or after March 1, 2006, the court must review the document and redact all social security numbers on the copy. This requirement does not apply to certified copies or true copies when they are required by law, or copies made for those uses for which the social security number was provided.
(c) Redacting Personal Identifying Information.
(i) Protected personal identifying information contained in a document and filed with the court shall be redacted by the clerk of the court on written request by the person to whom it applies. The clerk of the court shall process the request promptly. The request does not require a motion fee, must specify the protected personal identifying information to be redacted, and shall be maintained in the case file as a nonpublic document.
(ii) Personal identifying information that is not protected as identified in this rule may also be redacted or made confidential or nonpublic. The party or person whose personal identifying information is in a public document filed with the court may file an ex parte motion asking the court to direct the clerk to redact the information from that document or to make the information either confidential or nonpublic. The court may schedule a hearing on the motion at its discretion. The court shall enter such an order if the party or person’s privacy interest outweighs the public's interest in the information. The motion shall be on a form approved by the state court administrative office, must specify the personal identifying information to be redacted, and shall be maintained in the case file as a nonpublic document.
(iii) A party or person whose protected personal identifying information is in an exhibit offered for hearing or trial may file a written request that the information be redacted. The request does not require a motion fee, must specify the protected personal identifying information to be redacted, and shall be maintained in the case file as a nonpublic document. The court shall enter such an order if the party or person's privacy interest outweighs the public’s interest in the information.
(iv) Unredacted protected personal identifying information may be included on transcripts filed with the court but must be redacted by the clerk of the court pursuant to a written request submitted under MCR 1.109(D)(10)(c)(i). The written request must identify the page and line number for each place in the transcript where the protected information is located.
(d) Certifying a Record. The clerk of the court may certify a redacted record as a true copy of an original record on file with the court by stating that information has been redacted in accordance with law or court rule, or sealed as ordered by the court.
(e) Maintenance of Redacted or Restricted Access Personal Identifying Information. A document from which personal identifying information has been redacted shall be maintained in accordance with standards established by the State Court Administrative Office.
(11) Change in Contact Information for Purposes of Service; Modified Captions of Documents.
(a) A party or attorney must file with the court and serve on other parties or attorneys written notice of a change in contact information that is needed for service under MCR 2.107(C) or MCR 1.109(G)(6)(a). Contact information includes name, physical address, mailing address, phone number, and when required, email address. The written notice of changed contact information must be served in accordance with MCR 2.107(C) or MCR 1.109(G)(6)(a), as applicable.
(i) In all cases, written notice of a change in name, physical address, mailing address, and phone number shall be on a form approved by the State Court Administrative Office.
(ii) In cases using alternative electronic service under MCR 2.107(C)(4), written notice of a change in email address shall be on a form approved by the State Court Administrative Office.
(iii) In cases using the electronic filing system for service, written notice of a change in email address shall be provided using the electronic filing system.
(b) The clerk of the court must update the case caption with the modified contact information; however, the case title shall not be modified as a result of a change of name.
(c) The court and parties to the case must send or serve subsequent documents to the new mailing address as required by MCR 2.107(C) or the new email address as required by MCR 1.109(G)(6)(a).
(E) Signatures.
(1) A signature, as required by these court rules and law, means a written signature as defined by MCL 8.3q or an electronic signature as defined by this subrule.
(2) Requirement. Every document of a party represented by an attorney shall be signed by at least one attorney of record. A party who is not represented by an attorney must sign the document. In probate proceedings the following also applies:
(a) When a person is represented by an attorney, the signature of the attorney is required on any paper filed in a form approved by the State Court Administrator only if the form includes a place for a signature.
(b) An application, petition, or other paper may be signed by the attorney for the petitioner, except that an inventory, account, acceptance of appointment, and sworn closing statement must be signed by the fiduciary or trustee. A receipt for assets must be signed by the person entitled to the assets.
(3) Failure to Sign. If a document is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party.
(4) An electronic signature is acceptable in accordance with this subrule.
(a) An electronic signature means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The following form is acceptable: /s/ John L. Smith.
(b) Retention of a signature electronically affixed to a document that will be retained by the court in electronic format must not be dependent upon the mechanism that was used to affix that signature.
(5) Effect of Signature. The signature of a person filing a document, whether or not represented by an attorney, constitutes a certification by the signer that:
(a) he or she has read the document;
(b) to the best of his or her knowledge, information, and belief formed after reasonable inquiry, the document is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and
(c) the document is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(6) Sanctions for Violation. If a document is signed in violation of this rule, the court, on the motion of a party or on its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the document, including reasonable attorney fees. The court may not assess punitive damages.
(7) Sanctions for Frivolous Claims and Defenses. In addition to sanctions under this rule, a party pleading a frivolous claim or defense is subject to costs as provided in MCR 2.625(A)(2). The court may not assess punitive damages.
(F) Requests for access to public court records shall be granted in accordance with MCR 8.119(H).
(G) Electronic Filing and Service.
(1) Definitions. For purposes of this subrule:
(a) “Authorized user” means a user of the e-filing system who is registered to file, serve, and receive documents and related data through approved electronic means. A court may revoke user authorization for good cause as determined by the court, including but not limited to a security breach.
(b) “Electronic filing” or “e-filing” means the electronic transmission of data and documents to the court through the electronic-filing system.
(c) “Electronic-filing system” means a system provided by the State Court Administrative Office that permits electronic transmission of data and documents.
(d) “Electronic notification” means the electronic transmission of information from the court to authorized users through the electronic-filing system. This does not apply to service of documents. See subrule (f).
(e) “Electronic service” or “e-service” means the electronic service of information by means of the electronic-filing system under this rule. It does not include service by alternative electronic service under MCR 2.107(C)(4).
(f) “Notice of electronic filing or service” means a notice automatically generated by the e-filing system at the time a document is filed or served.
(2) Electronic-Filing and Electronic-Service Standards. Courts shall implement electronic filing and electronic service capabilities in accordance with this rule and shall comply with the standards established by the State Court Administrative Office. Confidential and nonpublic information or documents and sealed documents that are electronically filed or electronically served must be filed or served in compliance with these standards to ensure secure transmission of the information.
(3) Scope and Applicability.
(a) A court shall:
(i) accept electronic filing and permit electronic service of documents;
(ii) comply with the electronic-filing guidelines and plans approved by the State Court Administrative Office; and
(iii) maintain electronic documents in accordance with the standards established by the State Court Administrative Office.
(b) A court may allow documents, including but not limited to materials related to case evaluations or inventory information for decedent estates, to be transmitted to the court for purposes other than filing in a case file.
(c) Non-Electronic Materials. Courts must accommodate the filing and serving of materials that cannot be filed or served electronically.
(d) Converting Paper Documents. The clerk of the court shall convert to electronic format certain documents filed on paper in accordance with the electronic filing implementation plans established by the State Court Administrative Office.
(e) A court may electronically send any notice, order, opinion, or other document issued by the court in that case by means of the electronic-filing system. This rule shall not be construed to eliminate any responsibility of a party, under these rules, to serve documents that have been issued by the court.
(f) For the required case types, attorneys must electronically file documents in courts where electronic filing has been implemented, unless an attorney filing on behalf of a party is exempted from electronic filing under subrule (h) because of a disability. All other filers are required to electronically file documents only in courts that have been granted approval to mandate electronic filing by the State Court Administrative Office under AO 2019-2.
(g) Where electronic filing is mandated, a party may file paper documents with that court and be served with paper documents according to subrule (G)(6)(a)(ii) if the party can demonstrate good cause for an exemption. For purposes of this rule, a court shall consider the following factors in determining whether the party has demonstrated good cause:
(i) Whether the person has a lack of reliable access to an electronic device that includes access to the Internet;
(ii) Whether the person must travel an unreasonable distance to access a public computer or has limited access to transportation and is unable to access the e-Filing system from home;
(iii) Whether the person has the technical ability to use and understand email and electronic filing software;
(iv) Whether access from a home computer system or the ability to gain access at a public computer terminal present a safety issue for the person;
(v) Any other relevant factor raised by a person.
(h) Upon request, the following persons are exempt from electronic filing without the need to demonstrate good cause:
(i) a person who has a disability as defined under the Americans with Disabilities Act that prevents or limits the person’s ability to use the electronic filing system;
(ii) a person who has limited English proficiency that prevents or limits the person’s ability to use the electronic filing system; and
(iii) a party who is confined by governmental authority, including but not limited to an individual who is incarcerated in a jail or prison facility, detained in a juvenile facility, or committed to a medical or mental health facility.
(i) A request for an exemption must be filed with the court in paper where the individual’s case will be or has been filed as follows:
(i) The request for an exemption must be on a form approved by the State Court Administrative Office, must specify the reasons that prevent the individual from filing electronically, and be verified under MCR 1.109(D)(3). The individual may file supporting documents along with the request for the court’s consideration. There is no fee for the request.
(ii) A request made under subrule (h) shall be approved by the clerk of the court on a form approved by the State Court Administrative Office. If the clerk of the court is unable to grant an exemption, the clerk shall immediately submit the request for judicial review.
A judge must review requests that are not granted by a clerk, requests made under subrule (g), and requests made under subrule(h)(i). The judge shall issue an order granting or denying the request within two business days of the date the request was filed.
(j) If the individual filed paper documents at the same time as the request for exemption under subrule (i), the clerk shall process the documents for filing. If the documents meet the filing requirements of subrule (D), they will be considered filed on the day they were submitted.
(k) The clerk of the court must hand deliver or promptly mail the clerk approval granted or order entered under subrule (i) to the individual. The clerk must place the request, any supporting documentation, and the clerk approval or order in the case file. If the request was made under subrule (h)(i), both the Request for Exemption from Use of MiFILE and the Request for Reasonable Accommodations, along with any supporting documentation and the clerk approval or order shall be maintained confidentially. If there is no case file, the documents must be maintained in a group file.
(l) An exemption granted under this rule is valid only for the court in which it was filed and for the life of the case unless the individual exempted from filing electronically registers with the electronic-filing system. In that event, the individual waives the exemption and becomes subject to the rules of electronic filing and the requirements of the electronic-filing system. An individual who waives an exemption under this rule may file another request for exemption.
(4) Official Court Record. The electronic version of any document filed with or generated by the court under this rule and any case initiation data transmitted in accordance with subrule (D)(2) is an official court record.
(5) Electronic-Filing Process.
(a) General Provisions.
(i) Specified case information, including e-mail addresses for achieving electronic service, shall be provided electronically by the authorized user in the form and manner established by the State Court Administrative Office pursuant to subrule (D)(2).
(ii) The authorized user has the responsibility of ensuring that a filing has been received by the electronic-filing system. If the authorized user discovers that the version of the document available for viewing through the e-filing system does not depict the document as submitted, the authorized user shall notify the clerk of the court immediately and resubmit the filing if necessary. In the event of a controversy between the clerk of the court and the authorized user, the authorized user may file a motion with the court under subrule (G)(7).
(iii) If the clerk of the court rejects a submitted document pursuant to MCR 8.119(C), the clerk shall notify the authorized user of the rejection and the reason for the rejection. A rejected document shall not become part of the official court record and the rejection shall be recorded in an electronic-filing transaction from the court to the authorized user in accordance with subrule (c).
(b) Time and Effect of Electronic Filing. A document submitted electronically is deemed filed with the court when the transmission to the electronic-filing system is completed and the required filing fees have been paid or waived. If a document is submitted with a request to waive the filing fees, no fees will be charged at the time of filing and the document is deemed filed on the date the document was submitted to the court. A transmission is completed when the transaction is recorded as prescribed in subrule (c). Regardless of the date a filing is accepted by the clerk of the court, the date of filing is the date submitted. Electronic filing is not restricted by the operating hours of a court and any document submitted at or before 11:59 p.m. of a business day is deemed filed on that business day. Any document submitted on a Saturday, Sunday, legal holiday, or other day on which the court is closed pursuant to court order is deemed filed on the next business day.
(c) Electronic-Filing Transaction. On receipt of a submission or on rejection of a submission for nonpayment, the electronic-filing system shall record the filing transaction and send a notice of receipt of the submission and payment or rejection to the authorized user. When the filing transaction is date and time stamped, the electronic-filing system shall record the filing transaction and send a notice of electronic-filing to the authorized user. If the filing is rejected, the electronic-filing system shall record the rejection and send a notice of the rejection to the authorized user. The system shall maintain for every court a record of each submission, payment, filing, and rejection transaction in accordance with the records retention and disposal schedules and standards established by the State Court Administrative Office. A notice of electronic filing shall include the date and time of the transaction, the name of the authorized user filing the document(s), the type of document, the name of the authorized user receiving the notice, and a hyperlink to the filed or rejected document(s).
(d) Documents Under Seal. Except for documents filed pursuant to a protective order issued under MCR 2.302(C), a party seeking to file a document under seal must comply with subrule (D)(8).
(6) Electronic-Service Process.
(a) General Provisions.
(i) Service of process of case initiating documents shall be made in accordance with the rules and laws required for the particular case type.
(ii) Service of process of all other documents electronically filed shall be accomplished electronically among authorized users through the electronic-filing system. If a party has been exempted from electronic filing or has not registered with the electronic-filing system, service shall be made on that party by any other method required by Michigan Court Rules.
(iii) Delivery of documents through the electronic-filing system in conformity with these rules is valid and effective personal service and is proof of service under Michigan Court Rules.
(iv) Except for service of process of initiating documents and as otherwise directed by the court or court rule, service may be performed simultaneously with filing.
(v) When a court rule permits service by mail, service may be accomplished electronically under this subrule.
(b) Time and Effect. A document served electronically through the electronic-filing system in conformity with all applicable requirements of this rule is considered served when the transmission to the recipient’s e-mail address is completed. A transmission is completed when the transaction is recorded as prescribed in subrule (c).
(c) Electronic-Service Transaction. On transmission of a document, the electronic-filing system shall record the service transaction. The system shall maintain for every court a record of each service transaction in accordance with the state-approved records retention and disposal schedules and standards established by the State Court Administrative Office.
(7) Transmission Failures.
(a) In the event the electronic-filing system fails to transmit a document submitted for filing, the authorized user may file a motion requesting that the court enter an order permitting the document to be deemed filed on the date it was first attempted to be sent electronically. The authorized user must prove to the court’s satisfaction that:
(i) the filing was attempted at the time asserted by the authorized user;
(ii) the electronic-filing system failed to transmit the electronic document; and
(iii) the transmission failure was not caused, in whole or in part, by any action or inaction of the authorized user. A transmission failure caused by a problem with a filer’s telephone line, ISP, hardware, or software shall be attributed to the filer.
(b) Scheduled system outages, such as for system maintenance, shall be posted on the MiFILE website.
(c) Notice shall be provided on the MiFILE website and/or the One Court of Justice website if the electronic-filing system becomes unavailable for an extended or indefinite period. The notice shall indicate that filers are responsible for filing documents on paper and serving paper in another manner required by Michigan Court Rules in order to meet any deadlines imposed by statute or court rule.
(d) Notice of Undeliverable Transmission of Served Document. Electronic service by the electronic-filing system is complete upon transmission as defined in subrule (G)(6)(b) unless the person or entity making service learns that the attempted service did not reach the intended recipient.
(i) If the transmission is undeliverable, the person or entity responsible for serving the document must immediately serve by regular mail under MCR 2.107(C)(3) or by delivery under MCR 2.107(C)(1) or (2) the document and a copy of the notice indicating that the transmission was undeliverable. The person or entity must also include a copy of the notice when filing proof of service with the court under this subrule.
(ii) A recipient who is served with a notice under subrule (7)(d)(i) should ensure the electronic filing system reflects their current email address.
(e) In the event the electronic-filing system fails to transmit a document selected for service, if deemed necessary to ensure due process rights are protected, the State Court Administrator shall provide notice to the affected persons in either of the following ways:
(i) file, as a nonparty, a notice of defective service in each affected case and, as deemed appropriate, serve the notice, or
(ii) send notice of a system-wide transmission failure to each affected system user.
(f) If notice is provided under subrule (d), the clerk of the court where the affected case is filed must enter the event in the case history in accordance with MCR 8.119(D)(1)(a).
(g) A fee shall not be assessed on a motion filed claiming that rights in the case were adversely affected by transmission failure of a document selected for service.
(H) Definitions. The following definitions apply to case records as defined in MCR 8.119(D) and (E).
(1) “Confidential” means that a case record is nonpublic and accessible only to those individuals or entities specified in statute or court rule. A confidential record is accessible to parties only in the manner specified in statute or court rule.
(2) “Nonpublic” means that a case record is not accessible to the public. A nonpublic case record is accessible to parties and only those other individuals or entities specified in statute or court rule. A record may be made nonpublic only pursuant to statute or court rule. A court may not make a record nonpublic by court order.
(3) “Redact” means to obscure individual items of information within an otherwise publicly accessible document.
(4) “Redacted document” means a copy of an original document in which items of information have been redacted.
(5) “Sealed” means that a document or portion of a document is sealed by court order pursuant to MCR 8.119(I). Except as required by statute, an entire case may not be sealed.
Rule 1.110 Collection of Fines and Costs
Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.
Rule 1.111 Foreign Language Interpreters
(A) Definitions
When used in this rule, the following words and phrases have the following definitions:
(1)“Case or Court Proceeding” means any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.
(2)“Party” means a person named as a party or a person with legal decision-making authority in the case or court proceeding.
(3) A person is “financially able to pay for interpretation costs” if the court determines that requiring reimbursement of interpretation costs will not pose an unreasonable burden on the person’s ability to have meaningful access to the court. For purposes of this rule, a person is financially able to pay for interpretation costs when:
(a) The person’s family or household income is greater than 125% of the federal poverty level; and
(b) An assessment of interpretation costs at the conclusion of the litigation would not unreasonably impede the person’s ability to defend or pursue the claims involved in the matter.
(4) “Certified foreign language interpreter” means a person who has:
(a) passed a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(b) met all the requirements established by the state court administrator for this interpreter classification, and
(c) registered with the State Court Administrative Office.
(5) “Interpret” and “interpretation” mean the oral rendering of spoken communication from one language to another without change in meaning.
(6) “Qualified foreign language interpreter” means:
(a) A person who provides interpretation services, provided that the person has:
(i) registered with the State Court Administrative Office; and
(ii) passed the consecutive portion of a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator (if testing exists for the language), and is actively engaged in becoming certified; and
(iii) met the requirements established by the state court administrator for this interpreter classification; and
(iv) been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(b) A person who works for an entity that provides in-person interpretation services provided that:
(i) both the entity and the person have registered with the State Court Administrative Office; and
(ii) the person has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(c) A person who works for an entity that provides interpretation services by telecommunication equipment, provided that:
(i) the entity has registered with the State Court Administrative Office; and
(ii) the entity has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services
(B) Appointment of a Foreign Language Interpreter
(1) If a person requests a foreign language interpreter and the court determines such services are necessary for the person to meaningfully participate in the case or court proceeding, or on the court’s own determination that foreign language interpreter services are necessary for a person to meaningfully participate in the case or court proceeding, the court shall appoint a foreign language interpreter for that person if the person is a witness testifying in a civil or criminal case or court proceeding or is a party.
(2) The court may appoint a foreign language interpreter for a person other than a party or witness who has a substantial interest in the case or court proceeding.
(3) In order to determine whether the services of a foreign language interpreter are necessary for a person to meaningfully participate under subrule (B)(1), the court shall rely upon a request by an LEP individual (or a request made on behalf of an LEP individual) or prior notice in the record. If no such requests have been made, the court may conduct an examination of the person on the record to determine whether such services are necessary. During the examination, the court may use a foreign language interpreter. For purposes of this examination, the court is not required to comply with the requirements of subrule (F) and the foreign language interpreter may participate remotely.
(C) Waiver of Appointment of Foreign Language Interpreter
A person may waive the right to a foreign language interpreter established under subrule (B)(1) unless the court determines that the interpreter is required for the protection of the person's rights and the integrity of the case or court proceeding. The court must find on the record that a person’s waiver of an interpreter is knowing and voluntary. When accepting the person’s waiver, the court may use a foreign language interpreter. For purposes of this waiver, the court is not required to comply with the requirements of subrule (F) and the foreign language interpreter may participate remotely.
(D) Recordings
The court may make a recording of anything said by a foreign language interpreter or a limited English proficient person while testifying or responding to a colloquy during those portions of the proceedings.
(E) Avoidance of Potential Conflicts of Interest
(1) The court should use all reasonable efforts to avoid potential conflicts of interest when appointing a person as a foreign language interpreter and shall state its reasons on the record for appointing the person if any of the following applies:
(a) The interpreter is compensated by a business owned or controlled by a party or a witness;
(b) The interpreter is a friend, a family member, or a household member of a party or witness;
(c) The interpreter is a potential witness;
(d) The interpreter is a law enforcement officer;
(e) The interpreter has a pecuniary or other interest in the outcome of the case;
(f) The appointment of the interpreter would not serve to protect a party’s rights or ensure the integrity of the proceedings;
(g) The interpreter does have, or may have, a perceived conflict of interest;
(h) The appointment of the interpreter creates an appearance of impropriety.
(2) A court employee may interpret legal proceedings as follows:
(a) The court may employ a person as an interpreter. The employee must meet the minimum requirements for interpreters established by subrule (A)(4). The state court administrator may authorize the court to hire a person who does not meet the minimum requirements established by subrule (A)(4) for good cause including the unavailability of a certification test for the foreign language and the absence of certified interpreters for the foreign language in the geographic area in which the court sits. The court seeking authorization from the state court administrator shall provide proof of the employee’s competency to act as an interpreter and shall submit a plan for the employee to meet the minimum requirements established by subrule (A)(4) within a reasonable time.
(b) The court may use an employee as an interpreter if the employee meets the minimum requirements for interpreters established by this rule and is not otherwise disqualified.
(F) Appointment of Foreign Language Interpreters
(1) When the court appoints a foreign language interpreter under subrule (B)(1), the court shall appoint a certified foreign language interpreter whenever practicable. If a certified foreign language interpreter is not reasonably available, and after considering the gravity of the proceedings and whether the matter should be rescheduled, the court may appoint a qualified foreign language interpreter who meets the qualifications in (A)(6). The court shall make a record of its reasons for using a qualified foreign language interpreter.
(2) If neither a certified foreign language interpreter nor a qualified foreign language interpreter is reasonably available, and after considering the gravity of the proceeding and whether the matter should be rescheduled, the court may appoint a person whom the court determines through voir dire to be capable of conveying the intent and content of the speaker's words sufficiently to allow the court to conduct the proceeding without prejudice to the limited English proficient person.
(3) The court shall appoint a single interpreter for a case or court proceeding. The court may appoint more than one interpreter after consideration of the nature and duration of the proceeding; the number of parties in interest and witnesses requiring an interpreter; the primary languages of those persons; and the quality of the remote technology that may be utilized when deemed necessary by the court to ensure effective communication in any case or court proceeding.
(4) The court may set reasonable compensation for interpreters who are appointed by the court. Court-appointed interpreter costs are to be paid out of funds provided by law or by the court.
(5) If a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs.
(6) Any doubts as to eligibility for interpreter services should be resolved in favor of appointment of an interpreter.
(7) At the time of determining eligibility, the court shall inform the party or witness of the penalties for making a false statement. The party has the continuing obligation to inform the court of any change in financial status and, upon request of the court, the party must submit financial information.
(G) Administration of Oath or Affirmation to Interpreters
The court shall administer an oath or affirmation to a foreign language interpreter substantially conforming to the following: “Do you solemnly swear or affirm that you will truly, accurately, and impartially interpret in the matter now before the court and not divulge confidential communications, so help you God?”
(H) Request for Review
(1) Any time a court denies a request for the appointment of a foreign language interpreter or orders reimbursement of interpretation costs, it shall do so by written order.
(2) An LEP individual may immediately request review of the denial of appointment of a foreign language interpreter or an assessment for the reimbursement of interpretation costs. A request for review must be submitted to the court within 56 days after entry of the order.
(a) In a court having two or more judges, the chief judge shall decide the request for review de novo.
(b) In a single-judge court, or if the denial was issued by a chief judge, the judge shall refer the request for review to the state court administrator for assignment to another judge, who shall decide the request de novo.
(c) A pending request for review under this subrule stays the underlying litigation.
(d) A pending request for review under this subrule must be decided on an expedited basis.
(e) No motion fee is required for a request for review made under this subrule.
Rule 1.112 Filings by Incarcerated Individuals
If filed by an unrepresented individual who is incarcerated in a prison or jail, a pleading or other document must be deemed timely filed if it was deposited in the institution’s outgoing mail on or before the filing deadline. Proof of timely filing may include a receipt of mailing, a sworn statement setting forth the date of deposit and that postage has been prepaid, or other evidence (such as a postmark or date stamp) showing that the document was timely deposited and that postage was prepaid.
Subchapter 1.200 Amendment of Michigan Court Rules
Rule 1.201 Amendment Procedure
(A) Notice of Proposed Amendment. Before amending the Michigan Court Rules or other sets of rules within its jurisdiction, the Supreme Court will notify the secretary of the State Bar of Michigan and the state court administrator of the proposed amendment, and the manner and date for submitting comments. The notice also will be posted on the Court’s website.
(B) Notice to Bar. The state bar secretary shall notify the appropriate state bar committees or sections of the proposed amendment, and the manner and date for submitting comments. Unless otherwise directed by the Court, the proposed amendment shall be published in the Michigan Bar Journal.
(C) Notice to Judges. The state court administrator shall notify the presidents of the Michigan Judges Association, the Michigan District Judges Association, and the Michigan Probate and Juvenile Court Judges Association of the proposed amendment, and the manner and date for submitting comments.
(D) Exceptions. The Court may modify or dispense with the notice requirements of this rule if it determines that there is a need for immediate action or if the proposed amendment would not significantly affect the delivery of justice.
(E) Administrative Public Hearings. The Court will conduct a public hearing pursuant to Supreme Court Administrative Order 1997-11 before acting on a proposed amendment that requires notice, unless there is a need for immediate action, in which event the amendment will be considered at a public hearing following adoption. Public hearing agendas will be posted on the Court's website.