AMENDMENT OF RULES 7.202, 7.204, 7.205, 7.212, 2000-29 (Mich. 2004)

AMENDMENT OF RULES 7.202, 7.204, 7.205, AND 7.212 OF THE MICHIGAN COURT RULES.

No. 2000-29.Supreme Court of Michigan.
February 3, 2004.

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 amendments of Rules 7.202, 7.204, 7.205, and 7.212 of the Michigan Court Rules are adopted, effective May 1, 2004.

[Underlining indicates new text and strikeover indicates text being deleted.]
Rule 7.202 Definitions

For purposes of this subchapter:

(1) — (2) [Unchanged.]

(3) “entry” means the placing of an order,judgment, or other document into the file and recordsof a lower court or the Court of Appeals by theclerk;

(4) — (7) [Renumbered (3)-(6) but otherwise unchanged.]

Rule 7.204 Filing Appeal of Right; Appearance

(A) Time Requirements. The time limit for an appeal of right is jurisdictional. See MCR 7.203(A). The provisions of MCR 1.108 regarding computation of time apply. For purposes of subrules(A)(1) and (A)(2), “entry” means the date a judgment or order issigned, or the date that data entry of the judgment or order isaccomplished in the issuing tribunal’s register of actions.

(1) — (2) [Unchanged.]

(3) Where service of the judgment or order onappellant was delayed beyond the time stated in MCR2.602, the claim of appeal must be accompanied by anaffidavit setting forth facts showing that theservice was beyond the time stated in MCR 2.602.Appellee may file an opposing affidavit within 14days after being served with the claim of appeal andaffidavit. If the Court of Appeals finds that serviceof the judgment or order was delayed beyond the timestated in MCR 2.602 and the claim of appeal was filedwithin 14 days after service of the judgment ororder, the claim of appeal will be deemed timely.

(B) — (G) [Unchanged.]

(H) Docketing Statement. In all civil appeals, within 28 days after the claim of appeal is filed, the appellant must file two copies of a docketing statement with the clerk of the Court of Appeals and serve a copy on the opposing parties.

(1) Contents. The docketing statement must contain the information required from time to time by the Court of Appeals through the office of the Chief Clerk on forms provided by the Clerk’s office and must set forth:

(a) [Unchanged.]

(b) the date of entry of the judgment or order sought to be reviewed as defined in MCR 7.204(A) orMCR 7.205(A), and whether the appeal was timely filed and is within the court’s jurisdiction.

(c) — (e) [Unchanged.]

(2) — (4) [Unchanged.]

Rule 7.205 Application for Leave to Appeal

(A) Time Requirements: An application for leave to appeal must be filed within 21 days after entry of the judgment or order to be appealed from or within other time as allowed by law or rule. For purposesof this rule, “entry” means the date a judgment ororder is signed, or the date that data entry of thejudgment or order is accomplished in the issuingtribunal’s register of actions.

(B) — (G) [Unchanged.]

Rule 7.212 Briefs

(A) — (B) [Unchanged.]

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

(1) — (3) [Unchanged.]

(4) A statement of the basis of jurisdiction of the Court of Appeals.

(a) The statement concerning appellate jurisdiction must identify the statute, court rule, or court decision believed to confer jurisdiction on the Court of Appeals, and the following information:

(i) the date of signing entry the judgment or order sought to be reviewed , or the date of dataentry of the judgment or order in the issuingtribunal’s register of actions, as applicable toconfer jurisdiction on the Court of Appeals under MCR7.204 or MCR 7.205.

(ii) — (iv) [Unchanged.]

(b) [Unchanged.]

(5) — (9) [Unchanged.]

(D) — (I) [Unchanged.]

Staff Comment: The February 3, 2004, amendment of MCR 7.202, 7.204, 7.205, and 7.212, effective May 1, 2004, was adopted on the basis of a recommendation from a work group appointed by the Court of Appeals. The amendments clarify the definition of “entry” of an order for jurisdictional purposes at the Court of Appeals.

The staff comment is not an authoritative construction by the Court.