IN RE PROPOSED AMENDMENT OF MCR 7.302, 459 Mich. 1226 (1998)

PROPOSED AMENDMENT OF MCR 7.302.

Supreme Court of Michigan.
October 27, 1998.

Orders Entered October 27, 1998:

On order of the Court, this is to advise that the Court is considering an amendment of Rule 7.302 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives.

As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.

[The present language would be amended as indicated below:]

RULE 7.302. APPLICATION FOR LEAVE TO APPEAL.

(A) What to File. To apply for leave to appeal, a party must file:

Page 1227

(1) — (2) [Unchanged.]

(3) Proof that a copy of the application was served on all other parties, and that a notice of the filing of the applicationwas served on the clerks of the Court of Appeals clerk, and the trial court clerk; and

(4) [Unchanged.)

(B) — (G) [Unchanged.]

Staff Comment: The proposed amendment of MCR 7.302(A)(3) would eliminate the need to file with the Court of Appeals and the trial court a copy of an application for leave to appeal that is filed with the Supreme Court. Instead, an appellant would need to file with the Court of Appeals and the trial court only a notice that an application for leave to appeal had been filed with the Supreme Court.

The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.

Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered and your assistance is appreciated by the Court.

A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file number 98-35.