Michigan Supreme Court public hearing set for Nov. 20.

Byline: Lee Dryden

A variety of matters including the use of cellular phones in a courthouse, reinstatement after short-term lawyer suspensions, and limited scope representation in probate court are on the agenda for comment at a Nov. 20 Michigan Supreme Court public hearing.

The hearing will begin at 9:30 a.m. and adjourn no later than 11:30 a.m. in the Supreme Court courtroom on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa St. in Lansing.

Those who wish to address the high court will be allotted three minutes each to present their views, after which speakers may be questioned by the justices. Comments must pertain directly to an agenda item.

To reserve a place on the agenda, notify the Office of Administrative Counsel in writing at P.O. Box 30052, Lansing, 48909, or by email at ADMcomment@courts.mi.gov, no later than Nov. 15.

Some agenda items below include information from the MSC order or staff comments that explain the proposed changes. Learn more here.

2015-21, Amendments of MCR 3.965, 3.971, 3.972, 3.973, and 3.993. Published at 504 Mich ___ (2019).

Whether to retain the amendments that incorporate a requirement for a trial court to notify a respondent in a child protection proceeding of the right to appeal following a child's removal from the home and the initial dispositional order, and that failure to do so may bar respondent from later challenging the court's assumption of jurisdiction.

2018-23, Proposed Alternative Amendments of MCR 6.610. Published at 504 Mich ___ (2019).

Whether to adopt either of the proposed alternative amendments that would allow discovery in criminal misdemeanor proceedings in the district court.

Alternative A would create a structure similar to the federal rules (FR Crim P 16[b]) in which a defendant's duty to provide certain discovery would be triggered only if defense counsel first requested discovery from the prosecution, and the prosecution complied. Alternative B is a proposal recommended by the Prosecuting Attorneys Association of Michigan in its comment on the original proposal published for comment in this file.

Alternative B includes a requirement that "Each party must, on request, provide the names and addresses of all lay and expert witnesses whom the party may call at trial; in the alternative, a party may provide the name of the witness and make the witness available to the other party for interview."

2018-28, Proposed Amendment of LCR 2.119 for the Court of Claims...

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