STATE OF MICHIGAN
OSCODA COUNTY PROBATE COURT
PUBLIC ACCESS TO COURT RECORDS
ADMINISTRATIVE ORDER 2002
This administrative order is issued in accordance with Michigan Court Rules 8.119(E), effective September 30,1999 and 8.110(C)(7), effective October 1, 1988. The purpose of this order is to regulate public access to court records and to allow flexibility in providing approved forms.
1. Public Records
Court records are public unless specifically made not public by statute, court rule, case law or court order. (See Component 19 of the Michigan Trial Court Case File Management Standards) Requests to inspect or copy a non-public record shall be handled according to the instructions in Component 19. In accordance with MCR 8.116(D), a person may file a motion to set aside an order limiting access to the record of a court proceeding.
2. Non-public Records
Social files in minor guardianship cases are not subject to public inspection.
3. Freedom of Information Act (FOIA)
Court records are not subject to FOIA requests. MCL 15.232(d)(v) specifically exempts the judiciary from the Freedom of Information Act.
4. Court Forms
In accordance with MCR 8.110(C)(7), the court shall provide litigants with forms approved by the State Court Administrator at the cost of $.50 per form.
a. There will be no charge for 1 copy of a form or 1 copy of an information packet to initiate a court proceeding.
b. Parties will be limited to a maximum of 1 copy or 1 information packet per each type of form requested.
c. There will be no charge for forms requested by court appointed attorneys on cases they have been appointed to or for indigent parties.
d. There will be no charge for forms prepared by the court.
e. There will be no charge for forms that the court or clerk of the court is required to provide.
5. Procedure to Access Records
Any person may inspect any public court file to which access is not restricted by statute, court rule, case law or court order and may obtain copies subject to the following regulations established in accordance with MCR 8.119(E).
a. General
1) All requests for files and/or copies must be made on OCPC 25 File/Copy Request Form and must specify a complete case number or party names except as provided under item b. 4) below.
2) Persons who do not have a complete case number or party names may review available public case indexes to identify and select specific cases for inspection.
3) Files shall be reviewed in the court office under court staff supervision.
4) Ensuring the right of immediate access to and public inspection of records shall be a top priority, but may be limited by the availability of court staff to supervise the inspection.
b. Access to Case Files/Information
1) Requests for access to no more than 5 specific case files will be accommodated within 1 hour unless files are in storage or court is in session.
2) Requests for access to more than 5 specific case files will be accommodated within a reasonable amount of time depending on the total number of case files requested and the availability of court staff.
3) Requests for specific case files in storage will be accommodated within 3 working days.
4) Case information requests from other courts that lack specific case numbers or party names shall be researched by this court. Requested information will be provided at no charge and will not require an OCPC 25 File/Copy Request Form.
5) Requests for the wholesale review of particular types of cases will only be considered if, in the court's discretion, the request will not unreasonably interfere with the discharge of court functions. The court is not required to develop special procedures for the convenience or cost/benefit of persons requesting access and may specify the date, time and manner in which access is to be granted. It will be the responsibility of those persons requesting access to make prior, acceptable arrangements with the court.
c. Copies
1) The court will provide 1 to 10 within 1 hour of the request for copies.
2) Requests for more than 10 total copies will be accommodated within a reasonable amount of time as determined by:
(a) the total number of pages to be copied
(b) the availability of court staff and photocopying equipment, and
(c) the nature of the request, i.e., the degree to which court staff is required to identify and select documents to be copied.
3) In order to preserve and maintain the integrity of court records and to prevent unreasonable interference with the discharge of court functions, persons will not be permitted to copy or duplicate court records using their own equipment.
4) A self addressed stamped envelope is required for copies requested to be provided through the mail.
5) Copy charges are $1.00 for the first page and .50 for each additional page. Certified copy charges are $10.00 for the first page and $1.00 for each additional page.
d. New Record Creation
1) Requests for creation of a new record or compilation of records pertaining to case files or case‑related information which are granted will be accommodated within a reasonable amount of time
a) as determined by the availability of sufficient data already contained in the records or record data base to easily identify those records requested, and
b) only if such compilation will not unreasonably interfere with the discharge of court functions.
2) Costs to provide records under subsection 5.d 1) will include direct costs to the court to develop, generate and validate the accuracy of the report.
LAO 1992-1 is rescinded effective on entry of this order.
Date: October 17, 2002
Kathryn J. Root, Probate Judge