DISTRICT COURT UPDATE
Summons Article, February, 2006
written by
Hon. M. Randall Jurrens

DISTRICT  COURT  UPDATE

Amendments to administrative rules affecting district court, effective January 1, 2006, are the subject of this month’s update.

By amending MCR 8.110, the Michigan Supreme Court has imposed new reporting requirements on district court judges that, according to basic laws of nature, trickle down to litigants and their attorneys.

In recognition of caseflow management guidelines set forth in Administrative Order 2003-7,  the amended court rule requires that district judges provide a “Delay in Criminal Proceedings” report to the state court administrator on a quarterly basis (monthly beginning in 2007), identifying misdemeanor cases where more than 91 days have elapsed between the defendant’s first appearance and adjudication.

This new reporting requirement has obvious implications on how courts schedule their cases and attitudes judges may adopt regarding motions for adjournment.

To further expedite the administration of justice, amendments to MCR 8.107 express the Supreme Court’s expectation that matters taken under advisement be decided “promptly” and, in any event, within 35 days following “submission” (i.e. the last oral argument, the filing of the last brief, or the production of transcript).

And to monitor each judge’s efficiency, the amendment further requires that trial courts provide the state court administrator with a “Delay in Matters Submitted” report 3 times per year identifying cases that are not decided within 56 days from submission.

 Happy New Year!

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