The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683.
The new court rules are effective
immediately (issued June 21, 2017). In sum, they make the following changes:
- Clarify that the probate appeal is to the Court of
Appeals, and eliminate references to circuit court
- Simplify the language of MCR 5.801(B)(2)(a) – which
previously allowed an appeal from an order appointing or removing a
“personal representative, conservator, trustee” and now reads “fiduciary”
which encompasses all of those categories, and possibly more
- Adds an appeal by right for an adoption assistance
determination
- Identifies guardianship orders under EPIC as an
appeal by right
- Identifies an order under the Mental Health Code as
an appeal by right
- Identifies an appeal from a civil action commenced in
probate court as an appeal by right
- Requiring parties to identify on the front page of
their appeal papers if the case involves an adult or minor guardianship,
or an involuntary mental health treatment case.
- Granting 28 days for an appellant’s brief and 21 days
for an appellee’s brief for guardianship appeals and Mental Health Code
appeals, and
- Giving priority status to guardianship and Mental
Health Code appeals.
Labels: appeal by right, Court of Appeals, Mental Health Code, Michigan Appeals, michigan court of appeals, michigan supreme court, personal representative, probate appeal, supreme court
