On July 26, 2021, the Michigan Supreme Court issued ADM File No 2020-08, which amends several court rules to allow video hearings and electronic filing. These amendments retain several existing provisions of the administrative orders adopted by the court during the COVID-19 pandemic.
The amendments are effective immediately, but comments on the rule changes may be sent to the supreme court clerk in writing or electronically by November 1, 2021.
The amendments are summarized below:
- MCR 2.107, Service and Filing of Pleadings and Other Documents: All service of process, except case initiation, must be performed through electronic means to the greatest extent possible.
- MCR 2.305, Discovery Subpoena to a Non-Party: A subpoena may require a party or witness to appear for a deposition by telephone or video.
- MCR 2.407, Videoconferencing: Trial courts are required to use remote participation technology to the greatest extent possible. Courts must verify that participants are able to proceed remotely and must provide reasonable notice to parties, other participants, and the general public.
- MCR 2.506, Subpoena: Order to Attend: A subpoena may require a party or witness to testify in a court proceeding through telephone or video.
- MCR 2.621, Proceedings Supplementary to Judgment: A subpoena to enjoin the transfer of assets under MCL 600.6119 may require a party or witness to appear through telephone or video.
- MCR 3.904, Use of Videoconferencing Technology: Courts may use two-way videoconferencing technology or other remote participation tools when the court orders a more restrictive placement or more restrictive treatment in delinquency, designated, and personal protection violation proceedings.
- MCR 6.006, Video and Audio Proceedings: Trial courts are required to use remote participation technology to the greatest extent possible for a wide variety of criminal proceedings, including arraignments, probable-cause conferences, pleas, and preliminary examinations.
- MCR 6.106, Pretrial Release: Trial courts are urged to take into careful consideration local public health factors in making pretrial release decisions.
- MCR 9.112, Requests for Investigation: A subpoena for an attorney discipline investigation may require a party or witness to appear through telephone or video.
- MCR 9.115, Hearing Panel Procedure: A subpoena for an attorney discipline hearing panel may require a party or witness to appear through telephone or video.
- MCR 9.221, Evidence: A subpoena for judicial tenure commission proceedings may require a party or witness to appear through telephone or video.
The administrative order also amended MCR 2.002, 6.425, and 8.110.
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