Rule 7.201 Organization and Operation of Court of Appeals

(A) Chief Judge and Chief Judge Pro Tempore.

(1) The Supreme Court shall select a judge of the Court of Appeals to serve as chief judge. No later than October 1 of each odd-numbered year, the Court of Appeals may submit the names of no fewer than two judges whom the judges of that court recommend for selection as chief judge.

(2) The chief judge shall select a chief judge pro tempore, who shall fulfill such functions as the chief judge assigns.

(3) The chief judge and chief judge pro tempore shall serve a two-year term beginning on January 1 of each even-numbered year, provided that the chief judge serves at the pleasure of the Supreme Court and the chief judge pro tempore serves at the pleasure of the chief judge.

(B) Court of Appeals Clerk; Place of Filing Papers; Fees.

(1) The court shall appoint a chief clerk who is subject to the requirements imposed on the Supreme Court clerk in MCR 7.319. The clerk’s office must be located in Lansing and be operated under the court’s direction. With the court’s approval, the clerk may appoint assistant and deputy clerks.

(2) Papers to be filed with the court or the clerk must be filed in the clerk’s office in Lansing or with a deputy clerk in Detroit, Troy, or Grand Rapids. Fees paid to a deputy clerk must be forwarded to the clerk’s office in Lansing. Claims of appeal, applications, motions, and complaints need not be accepted for filing until all required documents have been filed and the requisite fees have been paid.

(3) If a case is accepted for filing without all of the required documents, transcripts, or fees, the appellant, or the plaintiff in an original action under MCR 7.206, must supply the missing items within 21 days after the date of the clerk’s notice of deficiency. The chief judge or another designated judge may dismiss the appeal and assess costs if the deficiency is not remedied within that time.

(C) Sessions of Court. There are 9 regular sessions of the court each year. Except as otherwise required for the efficient administration of the court, each session begins on the first Tuesday during the months of October through June. Each session continues for the number of days necessary to conclude the hearing of cases scheduled for argument. The chief judge may order a special session.

(D) Panels. The court shall sit to hear cases in panels of 3 judges. The decision of a majority of the judges of a panel in attendance at the hearing is the decision of the court. Except as modified by the Supreme Court, a decision of the court is final. The judges must be rotated so that each judge sits with every other judge with equal frequency, consistent with the efficient administration of the court’s business. The Supreme Court may assign persons to act as temporary judges of the court, under the constitution and statutes. Only one temporary judge may sit on a 3-judge panel.

(E) Assignments and Presiding Judge. Before the calendar for each session is prepared, the chief judge shall assign the judges to each panel and the cases to be heard by them and designate one of them as presiding judge. A presiding judge presides at a hearing and performs other functions the court or the Supreme Court by rule or special order directs. The chief judge may assign a motion or any other matter to any panel.

(F) Place of Hearing. The court shall sit in Detroit, Lansing, Grand Rapids, and Marquette, or another place the chief judge designates. A calendar case will be assigned for hearing in the city nearest to the court or tribunal from which the appeal was taken or as the parties stipulate, except as otherwise required for the efficient administration of the court’s business.

(G) Judicial Conferences. At least once a year and at other times the chief judge finds necessary, the judges shall meet to consider proposals to amend the rules of the court, improve the administration of justice, including the operations of the court, and transact any business which properly comes before them.

(H) Approval of Expenses. The state court administrator shall approve the expenses for operation of the court and the expense accounts of the judges, including attendance at a judicial conference. The state court administrator shall prepare a budget for the court.