Rule 1.109. Court Records Defined; Document Defined; Filing Standards; Signatures;

Electronic Filing and Service; Access

(A) Court Records Defined.

(1) Court records are defined by MCR 8.119 and this subrule. Court records are

recorded information of any kind that has been created by the court or filed with the

court in accordance with Michigan Court Rules. Court records may be created using

any means and may be maintained in any medium authorized by these court rules

provided those records comply with other provisions of law and these court rules.

(a) Court records include, but are not limited to:

(i)

documents, attachments to documents, discovery materials, and other

materials filed with the clerk of the court,

(ii) documents, recordings, data, and other recorded information created or

handled by the court, including all data produced in conjunction with the

use of any system for the purpose of transmitting, accessing, reproducing,

or maintaining court records.

(b) For purposes of this subrule:

(i)

Documents include, but are not limited to, pleadings, orders, and

judgments.

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(ii) Recordings refer to audio and video recordings (whether analog or digital),

stenotapes, log notes, and other related records.

(iii) Data refers to any information entered in the case management system that

is not ordinarily reduced to a document but that is still recorded

information, and any data entered into or created by the statewide

electronic-filing system.

(iv) Other recorded information includes, but is not limited to, notices, bench

warrants, arrest warrants, and other process issued by the court that do not

have to be maintained on paper or digital image.

case management system that

is not ordinarily reduced to a document but that is still recorded

information, and any data entered into or created by the statewide

electronic-filing system.

(iv) Other recorded information includes, but is not limited to, notices, bench

warrants, arrest warrants, and other process issued by the court that do not

have to be maintained on paper or digital image.

(2) Discovery materials that are not filed with the clerk of the court are not court

records. Exhibits that are maintained by the court reporter or other authorized staff

pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not

court records.

(B) Document Defined. A document means a record produced on paper or a digital image of

a record originally produced on paper or originally created by an approved electronic

means, the output of which is readable by sight and can be printed to 81/2 x 11 inch paper

without manipulation.

(C) Filing With Court Defined. Pleadings and other documents and materials filed with the

court as required by these court rules must be filed with the clerk of the court in

accordance with MCR 1.109(D), except that the judge to whom the case is assigned may

accept materials for filing when circumstances warrant. A judge who does so shall note

the filing date on the materials and immediately transmit them to the clerk. It is the

responsibility of the party who presented the materials to the judge to confirm that they

have been filed with the clerk. If the clerk records the receipt of materials on a date other

than the filing date, the clerk shall record the filing date in the case history.

(D) Filing Standards.

(1) Form and Captions of Documents.

te on the materials and immediately transmit them to the clerk. It is the

responsibility of the party who presented the materials to the judge to confirm that they

have been filed with the clerk. If the clerk records the receipt of materials on a date other

than the filing date, the clerk shall record the filing date in the case history.

(D) Filing Standards.

(1) Form and Captions of Documents.

(a) All documents prepared for filing in the courts of this state and all documents

issued by the courts for placement in a case file must be legible and in the

English language, comply with standards established by the State Court

Administrative Office, and be on good quality 8½ by 11 inch paper or

transmitted through an approved electronic means and maintained as a digital

image. Except for attachments, the font size must be 12 or 13 point for body

text and no less than 10 point for footnotes, except with regard to forms

approved by the State Court Administrative Office. Transcripts filed with the

court must contain only a single transcript page per document page, not

multiple pages combined on a single document page.

(b) The first part of every document must contain a caption stating:

(i)

the name of the court;

(ii) the names of the parties or the title of the action or proceeding, subject to

(c);

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(iii) the case number, including a prefix of the year filed and a two-letter suffix

for the case-type code from a list provided by the State Court

Administrator pursuant to MCR 8.117, according to the principal subject

matter of the proceeding;

(iv) the identification of the document;

e of the action or proceeding, subject to

(c);

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(iii) the case number, including a prefix of the year filed and a two-letter suffix

for the case-type code from a list provided by the State Court

Administrator pursuant to MCR 8.117, according to the principal subject

matter of the proceeding;

(iv) the identification of the document;

(v) the name, business address, telephone number, and state bar number of

each attorney appearing in the case; and

(vi) the name, an address, and telephone number of each party appearing

without an attorney.

Parties and attorneys may also include Ms., Mr., or Mx. as a preferred form of

address and one of the following personal pronouns in the name section of the

caption: he/him/his, she/her/hers, or they/them/theirs. Courts must use the

individual's name, the designated salutation or personal pronouns, or other

respectful means that are not inconsistent with the individual's designated

salutation or personal pronouns when addressing, referring to, or identifying the

party or attorney, either orally or in writing.

(c) In a civil action initiating document, the title of the action must include the

names of all the parties, with the plaintiff’s name placed first. In subsequent

documents, it is sufficient to state the name of the first party on each side with

an appropriate indication of other parties, such as “et al.”

(d) In a case filed under the juvenile code, the caption must also contain a petition

number, where appropriate.

(e) If an action has been assigned to a particular judge in a multi-judge court, the

name of that judge must be included in the caption of a document later filed

with the court.

he name of the first party on each side with

an appropriate indication of other parties, such as “et al.”

(d) In a case filed under the juvenile code, the caption must also contain a petition

number, where appropriate.

(e) If an action has been assigned to a particular judge in a multi-judge court, the

name of that judge must be included in the caption of a document later filed

with the court.

(f)

An affidavit must be verified by oath or affirmation.

(2) Case Initiation Information. A party filing a case initiating document and a party

filing any response or answer to a case initiating document shall provide specified

case information in the form and manner established by the State Court

Administrative Office and as specified in other applicable rules. At a minimum,

specified case information shall include the name, an address for service, an e-mail

address, and a telephone number of every party, and:

(a) in a civil action, either of the following statements:

(i)

There is no other pending or resolved civil action arising out of the

transaction or occurrence alleged in the complaint, or

(ii) A civil action between these parties or other parties arising out of the

transaction or occurrence alleged in the complaint has been previously

filed in [this court]/ [_________ Court], where it was given case number

__________ and was assigned to Judge ___________. The action

[remains]/[is no longer] pending.

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(b) in proceedings governed by chapters 3.200 and 3.900, except for outgoing

requests to other states and incoming registration actions filed under the

Revised Uniform Reciprocal Enforcement of Support Act, MCL 780.151 et

seq. and the Uniform Interstate Family Support Act, MCL 552.2101 et seq.,

either of the following statements, if known:

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(b) in proceedings governed by chapters 3.200 and 3.900, except for outgoing

requests to other states and incoming registration actions filed under the

Revised Uniform Reciprocal Enforcement of Support Act, MCL 780.151 et

seq. and the Uniform Interstate Family Support Act, MCL 552.2101 et seq.,

either of the following statements, if known:

(i)

There are no pending or resolved cases within the jurisdiction of the family

division of the circuit court involving the family or family members of the

person[s] who [is/are] the subject of the complaint or petition, or

(ii) There is one or more pending or resolved cases within the jurisdiction of

the family division of the circuit court involving the family or family

members of the person[s] who [is/are] the subject of the complaint or

petition. I have filed a completed case inventory listing those cases.

(3) Verification. Except when otherwise specifically provided by rule or statute, a

document need not be verified or accompanied by an affidavit. If a document is

required or permitted to be verified, it may be verified by

(a) oath or affirmation of the party or of someone having knowledge of the facts

stated; or

(b) except as to an affidavit, including the following signed and dated declaration:

“I declare under the penalties of perjury that this _________ has been examined

by me and that its contents are true to the best of my information, knowledge,

and belief.” Any requirement of law that a document filed with the probate

court must be sworn may be also met by this declaration.

In addition to the sanctions provided by subrule (E), a person who knowingly makes

a false declaration under this subrule may be found in contempt of court.

_________ has been examined

by me and that its contents are true to the best of my information, knowledge,

and belief.” Any requirement of law that a document filed with the probate

court must be sworn may be also met by this declaration.

In addition to the sanctions provided by subrule (E), a person who knowingly makes

a false declaration under this subrule may be found in contempt of court.

(4) All other materials submitted for filing shall be prepared in accordance with this

subrule and standards established by the State Court Administrative Office. An

attachment or discovery material that is submitted for filing shall be made part of the

public case file unless otherwise confidential.

(5) Except where electronic filing is implemented, all original documents filed on paper

may be reproduced and maintained by the court as a digital image in place of the

paper original in accordance with standards established by the State Court

Administrative Office. Any document reproduced under this subrule replaces the

paper as the official record.

(6) A clerk of the court may reject nonconforming documents as prescribed by MCR

8.119.

(7) Electronic filing and electronic service of documents is governed by subrule (G) and

the policies and standards of the State Court Administrative Office.

(8) Filing Documents Under Seal. Public documents may not be filed under seal except

when the court has previously entered an order in the case under MCR 2.302(C).

However, a document may be made nonpublic temporarily before an order is

entered as follows:

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(a) A filer may request that a public document be made nonpublic temporarily

when filing a motion to seal a document under MCR 8.119(I). As part of the

filing, the filer shall provide a proposed order granting the motion to seal and

shall identify each document that is to be sealed under the order. The filer shall

bear the burden of establishing good cause for sealing the document.

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(a) A filer may request that a public document be made nonpublic temporarily

when filing a motion to seal a document under MCR 8.119(I). As part of the

filing, the filer shall provide a proposed order granting the motion to seal and

shall identify each document that is to be sealed under the order. The filer shall

bear the burden of establishing good cause for sealing the document.

(b) Pending the court’s order, the filer shall serve on all the parties:

(i)

copies of the motion to seal and the request to make each document

nonpublic temporarily,

(ii) each document to be sealed, and

(iii) the proposed order.

(c) The clerk of the court shall ensure that the documents identified in the motion

are made nonpublic pending entry of the order.

(d) Before entering an order sealing a document under this rule, the court shall

comply with MCR 8.119(I). On entry of the order on the motion, the clerk shall

seal only those documents stated in the court’s order and shall remove the

nonpublic status of any of the documents that were not stated in the order.

(9) Personal Identifying Information.

(a) The following personal identifying information is protected and shall not be

included in any public document or attachment filed with the court on or after

April 1, 2022, except as provided by these rules:

(i)

date of birth,

(ii) social security number or national identification number,

(iii) driver’s license number or state-issued personal identification card number,

(iv) passport number, and

(v) financial account numbers.

(b) Filing, Accessing, and Serving Personal Identifying Information

lic document or attachment filed with the court on or after

April 1, 2022, except as provided by these rules:

(i)

date of birth,

(ii) social security number or national identification number,

(iii) driver’s license number or state-issued personal identification card number,

(iv) passport number, and

(v) financial account numbers.

(b) Filing, Accessing, and Serving Personal Identifying Information

(i)

All protected personal identifying information listed in this rule that is

required by law or court rule to be filed with the court or that is necessary

to the court for purposes of identifying a particular person in a case must be

provided to the court in the form and manner established by the State Court

Administrative Office.

(ii) Where a social security number is required to be filed with the court, it

shall be the last four digits only. This requirement does not apply to

documents required to be filed with the friend of the court that are not

placed in the court's legal file under MCR 8.119(D).

(iii) Except as otherwise provided by these rules, if a party is required to

include protected personal identifying information in a public document

filed with the court, the party shall file the document with the protected

personal identifying information redacted, along with a personal

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identifying information form approved by the State Court Administrative

Office under subrule (i). The personal identifying information form must

identify each item of redacted information and specify an appropriate

reference that uniquely corresponds to each item of redacted information

listed. All references in the case to the redacted identifiers listed in the

personal identifying information form will be understood to refer to the

corresponding complete identifier. A party may amend the personal

identifying information form as of right

tify each item of redacted information and specify an appropriate

reference that uniquely corresponds to each item of redacted information

listed. All references in the case to the redacted identifiers listed in the

personal identifying information form will be understood to refer to the

corresponding complete identifier. A party may amend the personal

identifying information form as of right. Fields for protected personal

identifying information may be included in SCAO-approved court forms,

and the information will be protected in the form and manner established

by the State Court Administrative Office.

Unredacted protected personal identifying information may be included on

Uniform Law Citations filed with the court and on proposed orders

submitted to the court. If a party submits to the court a proposed order that

is required to contain unredacted protected personal identifying

information once issued by the court, the party shall not attach the

proposed order to another document.

(iv) Protected personal identifying information provided under this subrule is

nonpublic and available, as required for case activity or as otherwise

authorized by law or these court rules, only to the parties to the case;

interested persons as defined in these court rules; and other persons,

entities, or agencies entitled by law or these court rules to access nonpublic

records filed with the court.

(v) Consent.

(A) A party may stipulate in writing to allow access to his or her protected

personal identifying information to any person, entity, or agency.

Unless otherwise provided by this subrule, the stipulation must be

presented to the court when trying to access the protected personal

identifying information.

(B) The State Court Administrative Office will maintain a list of

authorized individuals who are permitted access to a party’s date of

birth contained in a court record for purposes of verifying the identity

of that particular person without the need to present a stipulation to the

court

tion must be

presented to the court when trying to access the protected personal

identifying information.

(B) The State Court Administrative Office will maintain a list of

authorized individuals who are permitted access to a party’s date of

birth contained in a court record for purposes of verifying the identity

of that particular person without the need to present a stipulation to the

court. To be placed on this list, these individuals must conform to the

following procedures:

(1) In a written document, identify the entity for which they work and

provide assurance to the State Court Administrative Office that

each time they seek verification of a party's date of birth, it will be

in the course of their work and with that person's consent. The

consent must be retained in the possession of the authorized

individual, the entity for whom the individual works, the person

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or organization seeking the information about the person, or

someone acting on behalf of that person or organization. Such

assurance may be satisfied by a letter from the entity for which the

individual works or other document establishing authorization.

The assurance required under this provision shall be updated at

least every six months, beginning from the date of the original

submission. The update must be provided by the individual who

seeks access to a person's date of birth or by the entity that

authorizes the individual to operate on its behalf in accessing the

information.

ividual works or other document establishing authorization.

The assurance required under this provision shall be updated at

least every six months, beginning from the date of the original

submission. The update must be provided by the individual who

seeks access to a person's date of birth or by the entity that

authorizes the individual to operate on its behalf in accessing the

information.

(2) Submit proof of their employer’s or hiring entity’s current

professional liability insurance in effect during the period when an

authorized individual will be seeking date of birth information

from a court. Failure to do so will result in the individual being

removed from the list or in the individual not being placed on the

list. The information provided in support of this provision shall be

nonpublic. The proof of insurance required under this provision

shall be updated upon the expiration or termination of the

insurance policy.

(3) Courts must verify the identity of anyone who claims to be an

authorized individual by ensuring the name on the individual’s

state-issued identification matches the name in SCAO’s

authorized user list. Courts and the State Court Administrative

Office may create secure, individualized accounts that allow

authorized individuals to access a party’s date of birth

electronically. A court must issue a public register of actions or

other public document that includes a party's date of birth to an

authorized individual.

(vi) A party or a court is not exempt from the requirement to serve a nonpublic

document containing protected personal identifying information that has

been filed with the court under subrule (i), except by court order in

accordance with subrule (vii).

y. A court must issue a public register of actions or

other public document that includes a party's date of birth to an

authorized individual.

(vi) A party or a court is not exempt from the requirement to serve a nonpublic

document containing protected personal identifying information that has

been filed with the court under subrule (i), except by court order in

accordance with subrule (vii).

(vii)Upon a finding of just cause, on the court’s own motion or on motion of the

party, the court may order any personal identifying information be made

confidential. The order shall identify the party, person, or entity to whom

access is restricted. If a party’s home address or telephone number is made

confidential, the order shall designate an alternative address for serving

documents on that party or provide an alternative telephone number for

making contact with that party for purposes of case activity.

(c) Local court forms shall not contain fields for protected personal identifying

information. A court shall not reject a document for filing, dismiss a case, or

take other negative action against a party for failure to file protected personal

identifying information on a local court form.

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(d) Failure to Comply.

(i)

A party waives the protection of personal identifying information as to the

party’s own protected information by filing it in a public document and not

providing it in the form and manner established under this rule.

(ii) If a party fails to comply with the requirements of this rule, the court may,

upon motion or its own initiative, seal the improperly filed documents and

order new redacted documents to be prepared and filed.

rsonal identifying information as to the

party’s own protected information by filing it in a public document and not

providing it in the form and manner established under this rule.

(ii) If a party fails to comply with the requirements of this rule, the court may,

upon motion or its own initiative, seal the improperly filed documents and

order new redacted documents to be prepared and filed.

(e) Protected personal identifying information provided to the court as required by

subrule (b) shall be entered into the court's case management system in

accordance with standards established by the State Court Administrative

Office. The information shall be maintained for the purposes for which it was

collected and for which its use is authorized by federal or state law or court rule;

however, it shall not be included or displayed as case history under MCR

8.119(D)(1).

(10)Request for Copy of Public Document with Protected Personal Identifying

Information; Redacting Personal Identifying Information; Responsibility; Certifying

Original Record; Other.

(a) The responsibility for excluding or redacting personal identifying information

listed in subrule (9) from all documents filed with or offered to the court rests

solely with the parties and their attorneys. The clerk of the court is not required

to review, redact, or screen documents at time of filing for personal identifying

information, protected or otherwise, whether filed electronically or on paper.

For a document filed with or offered to the court, except as otherwise provided

in these rules, the clerk of the court is not required to redact protected personal

identifying information from that document, regardless of whether filed before

or after April 1, 2022, before providing a requested copy of the document

(whether requested in person or via the internet) or before providing direct

access to the document via a publicly accessible computer at the courthouse.

ded

in these rules, the clerk of the court is not required to redact protected personal

identifying information from that document, regardless of whether filed before

or after April 1, 2022, before providing a requested copy of the document

(whether requested in person or via the internet) or before providing direct

access to the document via a publicly accessible computer at the courthouse.

(b) Dissemination of social security numbers by the courts is restricted to the

purposes for which its use is authorized by federal or state law. When a court

receives a request for copies of any public document filed on or after March 1,

2006, the court must review the document and redact all social security

numbers on the copy. This requirement does not apply to certified copies or true

copies when they are required by law, or copies made for those uses for which

the social security number was provided.

(c) Redacting Personal Identifying Information.

(i)

Protected personal identifying information contained in a document and

filed with the court shall be redacted by the clerk of the court on written

request by the person to whom it applies. The clerk of the court shall

process the request promptly. The request does not require a motion fee,

must specify the protected personal identifying information to be redacted,

and shall be maintained in the case file as a nonpublic document.

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redacted by the clerk of the court on written

request by the person to whom it applies. The clerk of the court shall

process the request promptly. The request does not require a motion fee,

must specify the protected personal identifying information to be redacted,

and shall be maintained in the case file as a nonpublic document.

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(ii) Personal identifying information that is not protected as identified in this

rule may also be redacted or made confidential or nonpublic. The party or

person whose personal identifying information is in a public document

filed with the court may file an ex parte motion asking the court to direct

the clerk to redact the information from that document or to make the

information either confidential or nonpublic. The court may schedule a

hearing on the motion at its discretion. The court shall enter such an order

if the party or person’s privacy interest outweighs the public's interest in

the information. The motion shall be on a form approved by the state court

administrative office, must specify the personal identifying information to

be redacted, and shall be maintained in the case file as a nonpublic

document.

(iii) A party or person whose protected personal identifying information is in an

exhibit offered for hearing or trial may file a written request that the

information be redacted. The request does not require a motion fee, must

specify the protected personal identifying information to be redacted, and

shall be maintained in the case file as a nonpublic document. The court

shall enter such an order if the party or person's privacy interest outweighs

the public’s interest in the information.

or hearing or trial may file a written request that the

information be redacted. The request does not require a motion fee, must

specify the protected personal identifying information to be redacted, and

shall be maintained in the case file as a nonpublic document. The court

shall enter such an order if the party or person's privacy interest outweighs

the public’s interest in the information.

(iv) Unredacted protected personal identifying information may be included on

transcripts filed with the court but must be redacted by the clerk of the

court pursuant to a written request submitted under MCR

1.109(D)(10)(c)(i). The written request must identify the page and line

number for each place in the transcript where the protected information is

located.

(d) Certifying a Record. The clerk of the court may certify a redacted record as a

true copy of an original record on file with the court by stating that information

has been redacted in accordance with law or court rule, or sealed as ordered by

the court.

(e) Maintenance of Redacted or Restricted Access Personal Identifying

Information. A document from which personal identifying information has

been redacted shall be maintained in accordance with standards established by

the State Court Administrative Office.

(11)Change in Contact Information for Purposes of Service; Modified Captions of

Documents.

(a) A party or attorney must file with the court and serve on other parties or

attorneys written notice of a change in contact information that is needed for

service under MCR 2.107(C) or MCR 1.109(G)(6)(a). Contact information

includes name, physical address, mailing address, phone number, and when

required, email address. The written notice of changed contact information

must be served in accordance with MCR 2.107(C) or MCR 1.109(G)(6)(a), as

applicable.

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formation that is needed for

service under MCR 2.107(C) or MCR 1.109(G)(6)(a). Contact information

includes name, physical address, mailing address, phone number, and when

required, email address. The written notice of changed contact information

must be served in accordance with MCR 2.107(C) or MCR 1.109(G)(6)(a), as

applicable.

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(i)

In all cases, written notice of a change in name, physical address, mailing

address, and phone number shall be on a form approved by the State Court

Administrative Office.

(ii) In cases using alternative electronic service under MCR 2.107(C)(4),

written notice of a change in email address shall be on a form approved by

the State Court Administrative Office.

(iii) In cases using the electronic filing system for service, written notice of a

change in email address shall be provided using the electronic filing

system.

(b) The clerk of the court must update the case caption with the modified contact

information; however, the case title shall not be modified as a result of a change

of name.

(c) The court and parties to the case must send or serve subsequent documents to

the new mailing address as required by MCR 2.107(C) or the new email address

as required by MCR 1.109(G)(6)(a).

(E) Signatures.

(1) A signature, as required by these court rules and law, means a written signature as

defined by MCL 8.3q or an electronic signature as defined by this subrule.

(2) Requirement. Every document of a party represented by an attorney shall be signed

by at least one attorney of record. A party who is not represented by an attorney

must sign the document. In probate proceedings the following also applies:

(a) When a person is represented by an attorney, the signature of the attorney is

required on any paper filed in a form approved by the State Court Administrator

only if the form includes a place for a signature.

n attorney shall be signed

by at least one attorney of record. A party who is not represented by an attorney

must sign the document. In probate proceedings the following also applies:

(a) When a person is represented by an attorney, the signature of the attorney is

required on any paper filed in a form approved by the State Court Administrator

only if the form includes a place for a signature.

(b) An application, petition, or other paper may be signed by the attorney for the

petitioner, except that an inventory, account, acceptance of appointment, and

sworn closing statement must be signed by the fiduciary or trustee. A receipt for

assets must be signed by the person entitled to the assets.

(3) Failure to Sign. If a document is not signed, it shall be stricken unless it is signed

promptly after the omission is called to the attention of the party.

(4) An electronic signature is acceptable in accordance with this subrule.

(a) An electronic signature means an electronic sound, symbol, or process, attached

to or logically associated with a record and executed or adopted by a person

with the intent to sign the record. The following form is acceptable: /s/ John L.

Smith.

(b) Retention of a signature electronically affixed to a document that will be

retained by the court in electronic format must not be dependent upon the

mechanism that was used to affix that signature.

(5) Effect of Signature. The signature of a person filing a document, whether or not

represented by an attorney, constitutes a certification by the signer that:

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(a) he or she has read the document;

(b) to the best of his or her knowledge, information, and belief formed after

reasonable inquiry, the document is well grounded in fact and is warranted by

existing law or a good-faith argument for the extension, modification, or

reversal of existing law; and

a certification by the signer that:

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(a) he or she has read the document;

(b) to the best of his or her knowledge, information, and belief formed after

reasonable inquiry, the document is well grounded in fact and is warranted by

existing law or a good-faith argument for the extension, modification, or

reversal of existing law; and

(c) the document is not interposed for any improper purpose, such as to harass or to

cause unnecessary delay or needless increase in the cost of litigation.

(6) Sanctions for Violation. If a document is signed in violation of this rule, the court,

on the motion of a party or on its own initiative, shall impose upon the person who

signed it, a represented party, or both, an appropriate sanction, which may include

an order to pay to the other party or parties the amount of the reasonable expenses

incurred because of the filing of the document, including reasonable attorney fees.

The court may not assess punitive damages.

(7) Sanctions for Frivolous Claims and Defenses. In addition to sanctions under this

rule, a party pleading a frivolous claim or defense is subject to costs as provided in

MCR 2.625(A)(2). The court may not assess punitive damages.

(F) Requests for access to public court records shall be granted in accordance with MCR

8.119(H).

(G) Electronic Filing and Service.

(1) Definitions. For purposes of this subrule:

(a) “Authorized user” means a user of the e-filing system who is registered to file,

serve, and receive documents and related data through approved electronic

means. A court may revoke user authorization for good cause as determined by

the court, including but not limited to a security breach.

(b) “Electronic filing” or “e-filing” means the electronic transmission of data and

documents to the court through the electronic-filing system.

-filing system who is registered to file,

serve, and receive documents and related data through approved electronic

means. A court may revoke user authorization for good cause as determined by

the court, including but not limited to a security breach.

(b) “Electronic filing” or “e-filing” means the electronic transmission of data and

documents to the court through the electronic-filing system.

(c) “Electronic-filing system” means a system provided by the State Court

Administrative Office that permits electronic transmission of data and

documents.

(d) “Electronic notification” means the electronic transmission of information from

the court to authorized users through the electronic-filing system. This does not

apply to service of documents. See subrule (f).

(e) “Electronic service” or “e-service” means the electronic service of information

by means of the electronic-filing system under this rule. It does not include

service by alternative electronic service under MCR 2.107(C)(4).

(f)

“Notice of electronic filing or service” means a notice automatically generated

by the e-filing system at the time a document is filed or served.

(2) Electronic-Filing and Electronic-Service Standards. Courts shall implement

electronic filing and electronic service capabilities in accordance with this rule and

shall comply with the standards established by the State Court Administrative

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Office. Confidential and nonpublic information or documents and sealed documents

that are electronically filed or electronically served must be filed or served in

compliance with these standards to ensure secure transmission of the information.

(3) Scope and Applicability.

(a) A court shall:

lished by the State Court Administrative

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Office. Confidential and nonpublic information or documents and sealed documents

that are electronically filed or electronically served must be filed or served in

compliance with these standards to ensure secure transmission of the information.

(3) Scope and Applicability.

(a) A court shall:

(i)

accept electronic filing and permit electronic service of documents;

(ii) comply with the electronic-filing guidelines and plans approved by the

State Court Administrative Office; and

(iii) maintain electronic documents in accordance with the standards

established by the State Court Administrative Office.

(b) A court may allow documents, including but not limited to materials related to

case evaluations or inventory information for decedent estates, to be transmitted

to the court for purposes other than filing in a case file.

(c) Non-Electronic Materials. Courts must accommodate the filing and serving of

materials that cannot be filed or served electronically.

(d) Converting Paper Documents. The clerk of the court shall convert to electronic

format certain documents filed on paper in accordance with the electronic filing

implementation plans established by the State Court Administrative Office.

(e) A court may electronically send any notice, order, opinion, or other document

issued by the court in that case by means of the electronic-filing system. This

rule shall not be construed to eliminate any responsibility of a party, under these

rules, to serve documents that have been issued by the court.

tronic filing

implementation plans established by the State Court Administrative Office.

(e) A court may electronically send any notice, order, opinion, or other document

issued by the court in that case by means of the electronic-filing system. This

rule shall not be construed to eliminate any responsibility of a party, under these

rules, to serve documents that have been issued by the court.

(f)

For the required case types, attorneys must electronically file documents in

courts where electronic filing has been implemented, unless an attorney filing

on behalf of a party is exempted from electronic filing under subrule (h)

because of a disability. All other filers are required to electronically file

documents only in courts that have been granted approval to mandate electronic

filing by the State Court Administrative Office under AO 2019-2.

(g) Where electronic filing is mandated, a party may file paper documents with that

court and be served with paper documents according to subrule (G)(6)(a)(ii) if

the party can demonstrate good cause for an exemption. For purposes of this

rule, a court shall consider the following factors in determining whether the

party has demonstrated good cause:

(i)

Whether the person has a lack of reliable access to an electronic device that

includes access to the Internet;

(ii) Whether the person must travel an unreasonable distance to access a public

computer or has limited access to transportation and is unable to access the

e-Filing system from home;

(iii) Whether the person has the technical ability to use and understand email

and electronic filing software;

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(iv) Whether access from a home computer system or the ability to gain access

at a public computer terminal present a safety issue for the person;

(v) Any other relevant factor raised by a person.

(h) Upon request, the following persons are exempt from electronic filing without

the need to demonstrate good cause:

ic filing software;

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(iv) Whether access from a home computer system or the ability to gain access

at a public computer terminal present a safety issue for the person;

(v) Any other relevant factor raised by a person.

(h) Upon request, the following persons are exempt from electronic filing without

the need to demonstrate good cause:

(i)

a person who has a disability as defined under the Americans with

Disabilities Act that prevents or limits the person’s ability to use the

electronic filing system;

(ii) a person who has limited English proficiency that prevents or limits the

person’s ability to use the electronic filing system; and

(iii) a party who is confined by governmental authority, including but not

limited to an individual who is incarcerated in a jail or prison facility,

detained in a juvenile facility, or committed to a medical or mental health

facility.

(i)

A request for an exemption must be filed with the court in paper where the

individual’s case will be or has been filed as follows:

(i)

The request for an exemption must be on a form approved by the State

Court Administrative Office, must specify the reasons that prevent the

individual from filing electronically, and be verified under MCR

1.109(D)(3). The individual may file supporting documents along with the

request for the court’s consideration. There is no fee for the request.

(ii) A request made under subrule (h) shall be approved by the clerk of the

court on a form approved by the State Court Administrative Office. If the

clerk of the court is unable to grant an exemption, the clerk shall

immediately submit the request for judicial review.

A judge must review requests that are not granted by a clerk, requests made

under subrule (g), and requests made under subrule(h)(i). The judge shall issue

an order granting or denying the request within two business days of the date

the request was filed.

ive Office. If the

clerk of the court is unable to grant an exemption, the clerk shall

immediately submit the request for judicial review.

A judge must review requests that are not granted by a clerk, requests made

under subrule (g), and requests made under subrule(h)(i). The judge shall issue

an order granting or denying the request within two business days of the date

the request was filed.

(j)

If the individual filed paper documents at the same time as the request for

exemption under subrule (i), the clerk shall process the documents for filing. If

the documents meet the filing requirements of subrule (D), they will be

considered filed on the day they were submitted.

(k) The clerk of the court must hand deliver or promptly mail the clerk approval

granted or order entered under subrule (i) to the individual. The clerk must

place the request, any supporting documentation, and the clerk approval or

order in the case file. If the request was made under subrule (h)(i), both the

Request for Exemption from Use of MiFILE and the Request for Reasonable

Accommodations, along with any supporting documentation and the clerk

approval or order shall be maintained confidentially. If there is no case file, the

documents must be maintained in a group file.

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(l)

An exemption granted under this rule is valid only for the court in which it was

filed and for the life of the case unless the individual exempted from filing

electronically registers with the electronic-filing system. In that event, the

individual waives the exemption and becomes subject to the rules of electronic

filing and the requirements of the electronic-filing system. An individual who

waives an exemption under this rule may file another request for exemption.

was

filed and for the life of the case unless the individual exempted from filing

electronically registers with the electronic-filing system. In that event, the

individual waives the exemption and becomes subject to the rules of electronic

filing and the requirements of the electronic-filing system. An individual who

waives an exemption under this rule may file another request for exemption.

(4) Official Court Record. The electronic version of any document filed with or

generated by the court under this rule and any case initiation data transmitted in

accordance with subrule (D)(2) is an official court record.

(5) Electronic-Filing Process.

(a) General Provisions.

(i)

Specified case information, including e-mail addresses for achieving

electronic service, shall be provided electronically by the authorized user in

the form and manner established by the State Court Administrative Office

pursuant to subrule (D)(2).

(ii) The authorized user has the responsibility of ensuring that a filing has been

received by the electronic-filing system. If the authorized user discovers

that the version of the document available for viewing through the e-filing

system does not depict the document as submitted, the authorized user shall

notify the clerk of the court immediately and resubmit the filing if

necessary. In the event of a controversy between the clerk of the court and

the authorized user, the authorized user may file a motion with the court

under subrule (G)(7).

(iii) If the clerk of the court rejects a submitted document pursuant to MCR

8.119(C), the clerk shall notify the authorized user of the rejection and the

reason for the rejection. A rejected document shall not become part of the

official court record and the rejection shall be recorded in an electronic-filing transaction from the court to the authorized user in accordance with

subrule (c).

).

(iii) If the clerk of the court rejects a submitted document pursuant to MCR

8.119(C), the clerk shall notify the authorized user of the rejection and the

reason for the rejection. A rejected document shall not become part of the

official court record and the rejection shall be recorded in an electronic-filing transaction from the court to the authorized user in accordance with

subrule (c).

(b) Time and Effect of Electronic Filing. A document submitted electronically is

deemed filed with the court when the transmission to the electronic-filing

system is completed and the required filing fees have been paid or waived. If a

document is submitted with a request to waive the filing fees, no fees will be

charged at the time of filing and the document is deemed filed on the date the

document was submitted to the court. A transmission is completed when the

transaction is recorded as prescribed in subrule (c). Regardless of the date a

filing is accepted by the clerk of the court, the date of filing is the date

submitted. Electronic filing is not restricted by the operating hours of a court

and any document submitted at or before 11:59 p.m. of a business day is

deemed filed on that business day. Any document submitted on a Saturday,

Sunday, legal holiday, or other day on which the court is closed pursuant to

court order is deemed filed on the next business day.

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ling is not restricted by the operating hours of a court

and any document submitted at or before 11:59 p.m. of a business day is

deemed filed on that business day. Any document submitted on a Saturday,

Sunday, legal holiday, or other day on which the court is closed pursuant to

court order is deemed filed on the next business day.

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(c) Electronic-Filing Transaction. On receipt of a submission or on rejection of a

submission for nonpayment, the electronic-filing system shall record the filing

transaction and send a notice of receipt of the submission and payment or

rejection to the authorized user. When the filing transaction is date and time

stamped, the electronic-filing system shall record the filing transaction and send

a notice of electronic-filing to the authorized user. If the filing is rejected, the

electronic-filing system shall record the rejection and send a notice of the

rejection to the authorized user. The system shall maintain for every court a

record of each submission, payment, filing, and rejection transaction in

accordance with the records retention and disposal schedules and standards

established by the State Court Administrative Office. A notice of electronic

filing shall include the date and time of the transaction, the name of the

authorized user filing the document(s), the type of document, the name of the

authorized user receiving the notice, and a hyperlink to the filed or rejected

document(s).

(d) Documents Under Seal. Except for documents filed pursuant to a protective

order issued under MCR 2.302(C), a party seeking to file a document under seal

must comply with subrule (D)(8).

(6) Electronic-Service Process.

(a) General Provisions.

ng the document(s), the type of document, the name of the

authorized user receiving the notice, and a hyperlink to the filed or rejected

document(s).

(d) Documents Under Seal. Except for documents filed pursuant to a protective

order issued under MCR 2.302(C), a party seeking to file a document under seal

must comply with subrule (D)(8).

(6) Electronic-Service Process.

(a) General Provisions.

(i)

Service of process of case initiating documents shall be made in

accordance with the rules and laws required for the particular case type.

(ii) Service of process of all other documents electronically filed shall be

accomplished electronically among authorized users through the

electronic-filing system. If a party has been exempted from electronic

filing or has not registered with the electronic-filing system, service shall

be made on that party by any other method required by Michigan Court

Rules.

(iii) Delivery of documents through the electronic-filing system in conformity

with these rules is valid and effective personal service and is proof of

service under Michigan Court Rules.

(iv) Except for service of process of initiating documents and as otherwise

directed by the court or court rule, service may be performed

simultaneously with filing.

(v) When a court rule permits service by mail, service may be accomplished

electronically under this subrule.

(b) Time and Effect. A document served electronically through the electronic-filing

system in conformity with all applicable requirements of this rule is considered

served when the transmission to the recipient’s e-mail address is completed. A

transmission is completed when the transaction is recorded as prescribed in

subrule (c).

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(b) Time and Effect. A document served electronically through the electronic-filing

system in conformity with all applicable requirements of this rule is considered

served when the transmission to the recipient’s e-mail address is completed. A

transmission is completed when the transaction is recorded as prescribed in

subrule (c).

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(c) Electronic-Service Transaction. On transmission of a document, the electronic-filing system shall record the service transaction. The system shall maintain for

every court a record of each service transaction in accordance with the stateapproved records retention and disposal schedules and standards established by

the State Court Administrative Office.

(7) Transmission Failures.

(a) In the event the electronic-filing system fails to transmit a document submitted

for filing, the authorized user may file a motion requesting that the court enter

an order permitting the document to be deemed filed on the date it was first

attempted to be sent electronically. The authorized user must prove to the

court’s satisfaction that:

(i)

the filing was attempted at the time asserted by the authorized user;

(ii) the electronic-filing system failed to transmit the electronic document; and

(iii) the transmission failure was not caused, in whole or in part, by any action

or inaction of the authorized user. A transmission failure caused by a

problem with a filer’s telephone line, ISP, hardware, or software shall be

attributed to the filer.

(b) Scheduled system outages, such as for system maintenance, shall be posted on

the MiFILE website.

d to transmit the electronic document; and

(iii) the transmission failure was not caused, in whole or in part, by any action

or inaction of the authorized user. A transmission failure caused by a

problem with a filer’s telephone line, ISP, hardware, or software shall be

attributed to the filer.

(b) Scheduled system outages, such as for system maintenance, shall be posted on

the MiFILE website.

(c) Notice shall be provided on the MiFILE website and/or the One Court of Justice

website if the electronic-filing system becomes unavailable for an extended or

indefinite period. The notice shall indicate that filers are responsible for filing

documents on paper and serving paper in another manner required by Michigan

Court Rules in order to meet any deadlines imposed by statute or court rule.

(d) Notice of Undeliverable Transmission of Served Document. Electronic service

by the electronic-filing system is complete upon transmission as defined in

subrule (G)(6)(b) unless the person or entity making service learns that the

attempted service did not reach the intended recipient.

(i)

If the transmission is undeliverable, the person or entity responsible for

serving the document must immediately serve by regular mail under MCR

2.107(C)(3) or by delivery under MCR 2.107(C)(1) or (2) the document

and a copy of the notice indicating that the transmission was undeliverable.

The person or entity must also include a copy of the notice when filing

proof of service with the court under this subrule.

(ii) A recipient who is served with a notice under subrule (7)(d)(i) should

ensure the electronic filing system reflects their current email address.

(e) In the event the electronic-filing system fails to transmit a document selected

for service, if deemed necessary to ensure due process rights are protected, the

State Court Administrator shall provide notice to the affected persons in either

of the following ways:

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e electronic filing system reflects their current email address.

(e) In the event the electronic-filing system fails to transmit a document selected

for service, if deemed necessary to ensure due process rights are protected, the

State Court Administrator shall provide notice to the affected persons in either

of the following ways:

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(i)

file, as a nonparty, a notice of defective service in each affected case and,

as deemed appropriate, serve the notice, or

(ii) send notice of a system-wide transmission failure to each affected system

user.

(f)

If notice is provided under subrule (d), the clerk of the court where the affected

case is filed must enter the event in the case history in accordance with MCR

8.119(D)(1)(a).

(g) A fee shall not be assessed on a motion filed claiming that rights in the case

were adversely affected by transmission failure of a document selected for

service.

(H) Definitions. The following definitions apply to case records as defined in MCR 8.119(D)

and (E).

(1) “Confidential” means that a case record is nonpublic and accessible only to those

individuals or entities specified in statute or court rule. A confidential record is

accessible to parties only in the manner specified in statute or court rule.

(2) “Nonpublic” means that a case record is not accessible to the public. A nonpublic

case record is accessible to parties and only those other individuals or entities

specified in statute or court rule. A record may be made nonpublic only pursuant to

statute or court rule. A court may not make a record nonpublic by court order.

(3) “Redact” means to obscure individual items of information within an otherwise

publicly accessible document.

(4) “Redacted document” means a copy of an original document in which items of

information have been redacted.

r entities

specified in statute or court rule. A record may be made nonpublic only pursuant to

statute or court rule. A court may not make a record nonpublic by court order.

(3) “Redact” means to obscure individual items of information within an otherwise

publicly accessible document.

(4) “Redacted document” means a copy of an original document in which items of

information have been redacted.

(5) “Sealed” means that a document or portion of a document is sealed by court order

pursuant to MCR 8.119(I). Except as required by statute, an entire case may not be

sealed.