The Court is considering amendments to Court Rule 3.707 to clarify that the right to bring a motion to modify or terminate a personal protection order as established by MCR 3.707 applies to ex parte PPOs. The Court will accept comments on this proposed amendment until June 1, 2011. The proposed amendment is here.
The Court ordered the adoption of an amendment to MCR 3.705 effective immediately. The amendment, submitted to the Court by the State Bar of Michigan Domestic Violence Committee, amends the rule to require forty-eight hours notice for a motion for a sexual-assault-personal-protective order. MCL 600.2950a(4) requires a person who wants to introduce evidence covered by the rape shield provision of MCL 750.520j submit a notice and offer of proof at least 24 hours before the hearing. Before adoption of this amendment, the rule’s one-day notice of hearing requirement would not have provided the respondent 24 hours within which to submit the offer of proof. Notwithstanding the immediate effect of the amendment, the Court will accept comments on the amendment until June 1, 2011. The amendment is here.