PROPOSED AMENDMENT OF MCR 4.101, 472 Mich. 1223 (2005)

PROPOSED AMENDMENT OF MCR 4.101.

Supreme Court of Michigan.
May 24, 2005.

Order Entered.

On order of the Court, this is to advise that the Court is considering an amendment of Rule 4.101 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford interested persons the opportunity to comment on the form or the merits of the proposal or to suggest alternatives. The Court welcomes the views of all. This matter also will be considered at a public hearing. The notices and agendas for public hearings are posted at www.courts.michigan.gov/supremecourt.

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.

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

RULE 4.101. CIVIL INFRACTION ACTIONS.

(A)-(B) [Unchanged.]

(C) Appearance by Police Officer at Informal Hearing.
If a police officer has been notified by the court to appearat an informal hearing, the police officer must appear at theinformal hearing unless the State Court Administrative Office hasapproved a local administrative order allowing a defendant towaive the appearance of the police officer at the informalhearing. The order shall include provisions for:
(1) allowing a defendant to waive the appearance of the policeofficer at the informal hearing,

(2) receipt by the court of a written statement of the policeofficer setting forth the facts that the police officer wouldtestify to at the informal hearing if present,

(3) receipt of a copy of the police officer’s writtenstatement by the defendant at or before the commencement of theinformal hearing,

(4) a provision allowing the defendant, after having anopportunity to review the police officer’s written statement, theright to request an adjournment without penalty to require theofficer’s presence at the hearing when such presence waspreviously waived, but only if the request for adjournment ismade at or before the commencement of the informal hearing, and
(5) procedures by which the court will notify the policeofficer of
(a) the defendant’s waiver of the officer’s appearance,

(b) the right of the police officer to appear at the informalhearing, and
(c) the right of the police officer, in lieu of appearing atthe informal hearing, to provide a written statement settingforth the facts that the police officer would testify to at theinformal hearing.
Failure of the police officer to appear as required by thisrule shall result in a dismissal of the case without prejudice.
(C)-(G)(D)-(H) [Renumbered but otherwise unchanged.]

Staff Comment: The proposed amendment of MCR 4.101 would require certain procedures to be implemented by courts to allow the waiver of a police officer’s attendance at civil infraction informal hearings, and would establish procedures if the police officer fails to appear for a hearing.

The staff comment is not an authoritative construction 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 these proposals may be sent to the Supreme Court Clerk in writing or electronically by September 1, 2005, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2005-16. Your comments and the comments of others will be posted at www.courts.mi.gov/supremecourt/resources/administrative/index.htm.

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