No. 2001-38.Supreme Court of Michigan.
January 22, 2003.
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 8.116 of the Michigan Court Rules is adopted, effective May 1, 2003.
[The present language of MCR 8.116 is amended as indicated below.]Rule 8.116 Sessions of Court
(A)-(C) [Unchanged.]
(D) Access to Court Proceedings. When a court has ordered, or haspending before it a request to order, a limitation on the access of thepublic to court proceedings or records of those proceedings that areotherwise public, any person may file a motion to set aside the order oran objection to entry of the proposed order. MCR 2.119 governs theproceedings on such a motion or objection. If the court denies a motion toset aside the order or enters the order after objection is filed, themoving or objecting person may file an application for leave to appeal inthe same manner as a party to the action. See MCR 8.119(F)(6).
(1) Except as otherwise provided by statute or court rule, a court maynot limit access by the public to a court proceeding unless
(a) a party has filed a written motion that identifies the specificinterest to be protected, or the court sua sponte has identified aspecific interest to be protected, and the court determines that theinterest outweighs the right of access;
(b) the denial of access is narrowly tailored to accommodate theinterest to be protected, and there is no less restrictive means toadequately and effectively protect the interest; and
(c) the court states on the record the specific reasons for thedecision to limit access to the proceeding.
(2) Any person may file a motion to set aside an order that limitsaccess to a court proceeding under this rule, or an objection to entry ofsuch an order. MCR 2.119 governs the proceedings on such a motion orobjection. If the court denies the motion or objection, the moving orobjecting person may file an application for leave to appeal in the samemanner as a party to the action.
(3) Whenever the court enters an order limiting access to a proceedingthat otherwise would be public, the court must forward a copy of theorder to the State Court Administrative Office.
Staff Comment: The January 22, 2003, amendment of MCR 8.116, effective May 1, 2003, is based on a recommendation from the Michigan Press Association and is similar to the “sealed record rules” found in MCR 8.119(F).
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.