Effective February 13, 2024
On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts amendments to MCR 3.701 and the addition of MCR 3.715, .716, .717, .718, .719, .720, .721, and .722, effective February 13, 2024.
These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023.
- MCR 3.715 Definitions. Several terms are defined within this rule, including “complaint,” “existing action,” “minor,” “petitioner,” and “respondent.” In addition, MCR 3.715 indicates that the terms “dating relationship,” “possession or control,” “family member,” “guardian,” “health care provider,” “law enforcement agency,” and “law enforcement officer,” mean those terms as defined in MCL 691.1803.
- MCR 3.716 Commencing an Extreme Risk Protection Action. An extreme risk protection action is an independent action commenced by filing a complaint with the family division of the circuit court. A complaint may be filed regardless of whether the respondent owns or possesses a firearm and must be prepared on a form approved by the State Court Administrative Office and submitted with the complaint. An extreme risk protection action may only be commenced by
- the spouse or former spouse of the respondent;
- an individual who has a child in common with, has or has had a dating relationship with, or resides or has resided in the same household as the respondent;
- a family member;
- a guardian of the respondent;
- a law enforcement officer; or
- a health care provider, under certain circumstances.
MCR 3.716 also details requirements for the complaint, a complaint against a minor, and venue.
- MCR 3.717 Dismissals. Except as otherwise specified in the rules, an action for an extreme risk protection order (ERPO) may only be dismissed upon motion by the petitioner prior to the issuance of an order.
- MCR 3.718 Issuing Extreme Risk Protection Orders. Except as otherwise provided in the rule, the court must rule on a request for an ex parte order within one business day of the filing date of the complaint and must expedite and give priority to ruling on a request for an ex parte order. MCR 3.718 also specifies the factual requirements for granting an ex parte order as well as the procedures for immediate emergency ex parte orders, an anticipatory search warrant, and hearings. The court must expedite and give priority to hearings required by the extreme risk protection act and must schedule a hearing for the issuance of an ERPO under certain circumstances detailed in the rule.
- MCR 3.719 Orders. This rule details the form and scope of an order and stipulates the respondent’s response requirements, along with restrictions on concealed weapons and the process for surrendering firearms. Service, notice, and clerk of the court responsibilities are also covered in MCR 3.719.
- MCR 3.720 Modification, Termination, or Extension of Order. The petitioner may file a motion to modify or terminate the ERPO and request a hearing after the order is issued. The respondent may file one motion to modify or terminate an ERPO during the first six months that the order is in effect and one motion during the second six months that the order is in effect.
- MCR 3.721 Contempt Proceedings for Violation of Extreme Risk. In general, an ERPO is enforceable under MCL 691.1810(4)–(5), 691.1815(4), and 691.1819(4). MCR 3.721 outlines the guidelines for motions to show cause, service, search warrants, arraignment, pleas of guilty, scheduling or postponing hearings, prosecution after arrest, and violation hearings.
- MCR 3.722 Appeals. Appeals must generally comply with subchapter 7.200. Either party has an appeal of right from
- an order granting, denying, or continuing an ERPO after a hearing under MCR 3.718(D); or
- an order granting or denying an extended ERPO after a hearing under MCR 3.720(B).
The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.
The respondent has the lawful right to appeal a judgment of sentence for criminal contempt entered following a contested hearing.
Chief Justice Clement concurred with the proposed adoption of the ERPO court rules, but she wrote separately to address her concerns regarding inconsistent legal terminology used in the Extreme Risk Protection Order Act..
Among other linguistic inconsistencies, she emphasized that the Act “requires an individual to file “a summons and complaint” to initiate an ERPO action” but the nature of ERPO actions is consistent with that of a petition—not a complaint.
The Michigan Supreme Court has developed a range of SCAO forms aligned with the ERPO, showcasing their commitment to effective legal documentation.:
See the Court’s February 7, 2023 memorandum for more info.
Court Form Information
https://www.courts.michigan.gov/4908b5/siteassets/forms/scao-approved/recent-revisions/eoc_erpo.pdf
Related Articles
When Cannabis Businesses Are No Longer Subject to IRS 280E
IRS 280E and Cannabis BusinessesWhat is IRS Section 280E? Section 280E of the Internal Revenue Code restricts businesses from deducting typical business expenses from their gross income related to the distribution of Schedule I or II substances per the Controlled...
THC Associated with Increase of Survival Time in Palliative Cancer
Summary from the official government website (Link Below)The Use of Tetrahydrocannabinol Is Associated with an Increase in Survival Time in Palliative Cancer Patients: A Retrospective Multicenter Cohort StudyThe study, conducted by researchers in Germany, analyzed...
Justice Department Submits Proposal to Reschedule Marijuana
Proposed Rule Seeks to Move Marijuana from Schedule I to Schedule III, Emphasizing its Currently Accepted Medical Use in Treatment in the United StatesThe Justice Department announced today that the Attorney General has initiated a formal rulemaking process to...
Bloomfield Hills Doctor Convicted of $6M Medicare Fraud Scheme
JUSTICE.GOVFor Immediate Release Office of Public AffairsA federal jury convicted a Michigan doctor today for causing the submission of over $6.3 million in fraudulent claims to Medicare for medically unnecessary orthotic braces ordered through a telemarketing...
More Posts
The Legal Significance of Marijuana Reclassification
The Impact of Marijuana Reclassification on Legal LandscapeOn May 6, 2024, the DEA made a groundbreaking decision, accepting the US Department of Health and Human...
A historic cannabis shift is one of the latest election year moves
AP StoryPresident Joe Biden may potentially ban TikTok, but he aims to offer young individuals, who largely influence this widely-used social media platform, a more...
New rule mandates time and a half pay for lower paid employees
Qualified lower-paid workers who earn a salary but work more than 40 hours in a week will soon be entitled to guaranteed time-and-a-half pay, thanks to a new labor rule...
People v Williams Michigan COA – Police CPL Check
People v WilliamsMichigan Court of AppealsNo 365299 (04/18/24) MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to...
Underage Workers in Factories Spark Fines, Investigations, and Legislation
A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside...
Understanding Domestic Violence Laws in Michigan
Understanding Domestic Violence Laws in MichiganDomestic violence is a serious issue that can affect anyone, regardless of age, income, or background. If you are...
Macomb Prosecutor issues first charges under new safe storage law
Understanding Domestic Violence Laws in MichiganMacomb County Prosecutor Peter Lucido has filed the first charges under Michigan's new safe storage law following a...
Marijuana grow busted as feds investigations trend in more states
The DEA is investigating international criminal organizations that are operating illegal marijuana grows in about 20 states, including Maine.The significant electricity...
A visit with a kick
POW - Right in the Kisser. Businesses watch out for the lawA Pennsylvania-based convenience store chain was hit with a lawsuit by the Biden administration at the same...
Woman tried to board flight with 56 pounds of marijuana
Woman allowed airport police to check her luggage, had name tag on bags, according to reportsBefore a 21-year-old Memphis woman could board an United Airlines...