Administrative Order 2004-5 Expedited Track for Summary Disposition Appeals

Commencing January 1, 2005, the Court of Appeals implemented an expedited track for summary disposition appeals. The expedited track is designed to move such cases through the Court from filing to disposition in about six months.

This two-year project was initially undertaken pursuant to Administrative Order 2004-5.The underlying proposal for this expedited track emanated from the Court of Appeals Case Management Work Group. Information about the Work Group and the Report that resulted in the Administrative Order is available on this website under Resources, Reports, Case Management Work Group Reports. A brochure that summarizes the original project is also available.

January 2006 Modifications. Amended Administrative Order 2004-5 was issued on December 21, 2005. The amendments apply to appeals from summary disposition orders that are filed with the Court of Appeals on or after January 1, 2006.

January 2007 Modifications. Second Amended Administrative Order 2004-5 was issued on November 9, 2006. The amendments apply to appeals from summary disposition orders that are filed with the Court of Appeals on or after January 1, 2007. The information on this page summarizes the requirements of the track for cases filed on or after January 1, 2007.

Caveat. The information contained on this page is in summary form and is not intended as a substitute for a full understanding of the contents of the Second Amended Administrative Order. Parties appearing in propria persona and practitioners alike are urged to read and understand Second Amended Administrative Order 2004-5 before commencing an appeal after January 1, 2007, that arises solely from an order granting or denying summary disposition.

Applicability. The Second Amended Administrative Order applies to appeals filed on or after January 1, 2007, arising solely from orders granting or denying motions for summary disposition under MCR 2.116. All cases that fit this description will automatically be placed on this track. Each new case will be acknowledged with a written notice to all attorneys and parties appearing in propria persona that advises the case is on the expedited track. The notice will include a reference to the Second Amended Administrative Order.

Removal from Track. Starting in 2007, practitioners are urged to file motions to remove cases from the expedited track if they are too large or complex for expedited treatment. Under the Second Amended Administrative Order, such motions may be filed without a filing fee and they will be liberally granted. See Second Amended Administrative Order 2004-5, ¶ 7. A motion to remove may be filed by any party at any time during the appeal. An interactive form motion to remove is available on this website. The Court strongly urges all filers to complete the form online, print it (unless the case is eligible for electronic filing), and file and serve it on opposing counsel as required under MCR 7.211. The form motion focuses the issues and facilitates expedited processing by the Court.

Transcripts. If there is a record to transcribe, the summary disposition hearing transcript(s) must either be ordered by appellant or waived by stipulation of the parties. Second Amended Administrative Order 2004-5, ¶ 8(A)(1). If the transcript is ordered, the order must be made under the narrow timeline stated in Second Amended Administrative Order 2004-5, ¶ 8(A)(2). The court reporter or recorder must file the transcripts within 28 days of the order. Second Amended Administrative Order 2004-5, ¶ 8(C). Importantly, timely filing of the transcript will entitle the reporter or recorder to payment of the increased page rate of $3.00 per original page and 50 cents per page for each copy. Second Amended Administrative Order 2004-5, ¶ 8(D). Untimely filing relegates the reporter or recorder to the standard rate of $1.75 per original page and 30 cents per page for each copy. MCL 600.2543, effective 9/23/04.

Briefs. An appellant’s brief filed under Second Amended Administrative Order 2004-5 will be due within 56 days of the filing of the claim of appeal or 28 days of the order granting leave to appeal. Second Amended Administrative Order 2004-5, ¶ 9(B)(1). An appellee’s brief will be due within 28 days of service of appellant’s brief. Second Amended Administrative Order 2004-5, ¶ 9(B)(2). The briefs will be limited to 35 pages. Second Amended Administrative Order 2004-5, ¶ 9(C). An appellant in a discretionary appeal may refile the application for leave in place of the appellant’s brief, with a new cover page that indicates whether oral argument is requested. Second Amended Administrative Order 2004-5, 9(B)(1). An appellee in such an appeal may refile the answer to the application as the appellee’s brief on appeal, with a new cover page as described above. Second Amended Administrative Order 2004-5, ¶ 9(B)(2). Appellant may file a reply brief within 14 days of service of appellee’s brief, limited to 5 pages in length. Second Amended Administrative Order 2004-5, ¶ 9(D).

Attachments to Briefs. Second Amended Administrative Order 2004-5 directs that all briefs will be accompanied by the party’s trial court summary disposition motion or response, brief, and appendices. Provided that an appropriate notation is made on the title page of its brief, appellee may omit any appendices that have already been provided as attachments to appellant’s brief. Second Amended Administrative Order 2004-5, ¶ 9(C).

Extensions of Time to File Briefs. An extension of time to file a brief may be requested with a motion to extend. Second Amended Administrative Order 2004-5, ¶ 9(B)(3). An interactive form motion to extend time is available on this website. The Court strongly urges all filers to complete the form online, print it, and file and serve it on opposing counsel as required under MCR 7.211. The form motion focuses the issues and facilitates expedited processing by the Court.

Untimely Appellants’ Briefs. If appellant’s brief is not filed within 7 days after the date due, the Court must issue an order assessing costs and warning appellant that the case will be dismissed if the brief is not filed within 7 days after the clerk’s certification of the order. If the brief is not filed within that time, the appeal shall be dismissed and additional costs may be assessed. Second Amended Administrative Order 2004-5, ¶ 9(B)(4).

Lower Court Records. The Court of Appeals will request the lower court record from the trial court after jurisdiction has been confirmed and material filing deficiencies have been corrected. The trial court shall forward the record within 21 days of the request. Second Amended Administrative Order 2004-5, ¶ 10. The record will thus be in the possession of the Court of Appeals when the case is ready to be prepared for submission and disposition.

Notice, Submission, Decision. Within seven days after the filing of appellee’s brief, the parties will be notified that the case will be submitted as a calendar case on the summary disposition track. A later communication from the Court will indicate when submission is scheduled to occur. The opinion or order of the panel is to be issued no later than 35 days after submission to, or oral argument before, the panel. Second Amended Administrative Order 2004-5, ¶¶ 11,12.

Sunset Provision. The final paragraph of Second Amended Administrative Order 2004-5 sets a sunset date for the project. At the end of the project, the Supreme Court will review it and determine whether the procedure will be discontinued, changed or continued.

Project Reporting - Court of Appeals. The Case Management Work Group is required to update the Supreme Court on the project at periodic intervals. Interim modifications to the procedures under the project may be effected through requests for authorization from the Supreme Court, as occurred with the Amended Administrative Order issued December 21, 2005, and the Second Amended Administrative Order issued November 9, 2006. Statistical and other reports may be accessed here as they become available.

Project Reporting - Appellate Practice Section. During the course of the project, attorneys who participate in cases on the expedited track can send information concerning their experiences to the Appellate Practice Section of the Michigan State Bar. Click here for further information.