PROPOSED AMEND. OF R. 2.119, THE MICHIGAN CT. R., 99-23 (Mich. 11-2-1999)

Proposed Amendment of Rule 2.119 of the Michigan Court Rules

No. 99-23.Supreme Court of Michigan.
November 2, 1999.

On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.119 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 2.119 Motion Practice

(A) Form of Motions.

(1) — (4) [Unchanged.]

(5) Motion Certification. The moving party must certify that the motion will be opposed or that the party made reasonable and diligent attempts to determine whether the motion will be opposed. The attorney of record or the party in propria persona must sign the following statement, which must be attached to or incorporated in the motion or notice of hearing (or in the motion praecipe, if such a document is required by local rule):
“I certify that I either made personal contact with
_______________ on ________________, requesting concurrence [Name] [Date] in the relief sought by this motion, and that concurrence has been denied, or that I made reasonable and diligent attempts to contact _________________ on ________________, [Name] [Date] but was unsuccessful.”

(B) — (G) [Unchanged.]

Staff Comment: Consistent with local rules in the Genesee Circuit and Probate Courts, the Macomb Circuit, the Oakland Circuit, and the Wayne Circuit, the proposed addition of MCR 2.119(A)(5) would require a moving party to certify either that the other party will oppose the motion or that the moving party was unsuccessful in contacting the other party to make that determination.

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