2012-18 Proposed Amendment of MCR 2.512 would require trial courts to use Model Criminal Jury Instructions. According to the staff comment, the Court has determined that the function of adopting, amending, and repealing model criminal jury instructions should be structured similar to that for model civil jury instructions. [Model criminal jury instructions are currently prepared by the Standard Criminal Jury Instructions Committee of the State Bar, but the use of these instructions is not required by court rule.] As part of that structural change, the Court is considering an amendment that would require trial courts to use model jury instructions in criminal cases under the same circumstances in which they are used in civil cases, i.e., if the instructions are applicable, accurately state the applicable law, and are requested by a party. The comment period expires 2/01/13.
The Court is also seeking comment on two other rule changes. They are:
- 2012-19 -Proposed Amendments of MCR 3.913, 3.963, 3.965, and 3.974 (PDF), which would implement statutory changes regarding child protective proceedings.
- 2011-25- Amendment of MCR 3.101, which makes the effective period for a periodic writ of garnishment 182 days regardless of the type of income to be garnished, to conform to recent statutory changes.
Comments on all three rules may be sent to the Supreme Court Clerk in writing or electronically by February 1, 2013, at P.O. Box 30052, Lansing, MI 48909, or MSC_clerk@courts.mi.gov. When filing a comment, please refer to ADM File No. 2011-25. Your comments and the comments of others will be posted on the Michigan One Court of Justice website.