Michigan: Supreme Court citation practice | Citation rule(s)

Examples from Great Wolf Lodge of Traverse City, LLC v. PSC, 489 Mich. 27, 799 N.W.2d 155 (2011)

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A court reviewing an administrative agency's interpretation of a statute should give the agency's interpretation "respectful consideration" and, if it is persuasive, should not overrule it without "cogent reasons." In re Complaint of Rovas Against SBC Mich., 482 Mich. 90, 108, 754 N.W.2d 259 (2008). We have held that "[i]n construing administrative rules, courts apply principles of statutory construction." Detroit Base Coalition for Human Rights of the Handicapped v. Dep't of Social Servs., 431 Mich. 172, 185, 428 N.W.2d 335 (1988), citing Gen. Motors Corp. v. Bureau of Safety & Regulation, 133 Mich. App. 284, 349 N.W.2d 157 (1984). All rates, fares, charges, classification and joint rates, regulations, practices, and services prescribed by the PSC are presumed, prima facie, to be lawful and reasonable. MCL 462.25; see also Mich. Consol. Gas Co. v. Pub. Serv. Comm., 389 Mich. 624, 635-636, 209 N.W.2d 210 (1973).

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The Court of Appeals reasoned that MCL 460.558 does not apply solely in cases of "wilful or knowing failure to comply with a lawful PSC order; it also applies in the event of negligent noncompliance." We disagree. Under the Court of Appeals' construction, MCL 460.558 would require that a fine be imposed any time a utility or its agent fails to comply with a PSC order. If that construction were what the Legislature intended in enacting MCL 460.558, there would have been no need to include the modifiers "wilfully or knowingly." Rather, the Legislature could simply have mandated a fine in cases in which a party "fails or neglects" to obey a PSC order.

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We hold that a utility's right of first entitlement under Mich Admin Code, R 460.3411(11) entails the right to serve the entire premises. That right is not extinguished when there is a new customer, i.e., new "buildings and facilities served," on the premises. We also hold that, absent a statutory mandate to do so, the PSC need not impose interest when it awards a refund to a party. Finally, we hold that the PSC is required to impose a fine pursuant MCL 460.558 only when a utility willfully or knowingly neglects to comply with its order. Therefore, we reverse the judgment of the Court of Appeals and reinstate the decision of the PSC.

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Mich. App. R. 7.212, http://courts.mi.gov/courts/michigansupremecourt/currentcourtrules/1chapter7appellaterules.pdf.

Rule 7.212. Briefs

(C) Appellant's Brief; Contents. The appellant's brief must contain, in the following order: . . . .

(3) An index of authorities, listing in alphabetical order all case authorities cited, with the complete citations including the years of decision, and all other authorities cited, with the numbers of the pages where they appear in the brief.

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(7) The arguments, each portion of which must be prefaced by the principal point stated in capital letters or boldface type. As to each issue, the argument must include a statement of the applicable standard or standards of review and supporting authorities. Facts stated must be supported by specific page references to the transcript, the pleadings, or other document or paper filed with the trial court. Page references to the transcript, the pleadings, or other document or paper filed with the trial court must also be given to show whether the issue was preserved for appeal by appropriate objection or by other means. If determination of the issues presented requires the study of a constitution, statute, ordinance, administrative rule, court rule, rule of evidence, judgment, order, written instrument, or document, or relevant part thereof, this material must be reproduced in the brief or in an addendum to the brief. If an argument is presented concerning the sentence imposed in a criminal case, the appellant's attorney must send a copy of the presentence report to the court at the time the brief is filed;

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Mich. Admin. Order 2006-3, http://courts.mi.gov/Courts/MichiganSupremeCourt/CurrentCourtRules/9MichiganUniformSystemOfCitation.pdf.

I. Citation of Authority

A. Citation of Cases

1. Initial Citation.

The first time a case is cited in an opinion, either in the body of the text or in a footnote, cite in full the official reporter of its jurisdiction (where available), and include the parallel citation of the regional reporter.

Mayberry v Pryor, 422 Mich 579; 374 NW2d 683 (1985).

If a case is first cited in an order, either in the body of the text or in a footnote, cite the official report only.

Mayberry v Pryor, 422 Mich 579 (1985).

Where an official citation is not yet available, provide blanks for the volume and page numbers.

Mayberry v Pryor, _____ Mich ____; 374 NW2d 683 (1985).

2. Subsequent Citation.

a. Once cited in full in the text, a case need not be cited again in full in the text or a footnote. Subsequent reference in the text or in a footnote may use any of the following shortened forms:

E.g., Mayberry; Mayberry, supra; Mayberry v Pryor. (N.B.: "Id." may be used as a subsequent reference only if no other authority intervenes between the previous citation of the same source and "id.")

b. Where a case is cited in full in a footnote, a subsequent short-form citation may be used in a subsequent footnote to refer the reader to the full citation:

Mayberry, n 4 supra.

3. Point or "jump" citation.

a. To refer to an internal page of an opinion, cite the official reporter where available:

1) initial citation: include the "jump" page in the complete citation:

Mayberry v Pryor, 422 Mich 579, 587; 374 NW2d 683 (1985); or

2) subsequent citation: append the "jump" page to any short-form citation:

Mayberry, supra, p 587; Mayberry, supra at 587; Mayberry, p 587; id., p 587; id. at 587; 422 Mich 587.

(N.B.: The form of the short-form citation must be consistent throughout an opinion. Do not mix Mayberry, supra, p 587, with Mayberry, supra at 587.)

b. If the official report of a case is not yet available, refer to the "jump" page in an unofficial report:

1) initial citation: Galster v Woods (On Rehearing), 173 Cal App 3d 529, ____; 219 Cal Rptr 500, 509 (1985);

2) subsequent citation: Galster, supra, 219 Cal Rptr 509; or id., 219 Cal Rptr 509; or 219 Cal Rptr 509 (N.B.: it is mandatory in this situation that the identity of the unofficial reporter be shown because references to pages not otherwise identified are presumed to be to the official reporter.)

4. Case names.

a. Italicizing. Names of cases should be italicized both in the text of an opinion and in footnotes. Underscoring no longer should be used to indicate italics.

b. Official sources. Cite the name of a case as set forth on the first page of the official reporter as fully as necessary for recognition. Do not show et al., et ux., or like references to other parties in a case name, but do show ex rel (for on the Relation of or for the use and benefit of) and the relator's name.

Note: The full order sets out a complete Michigan Uniform System of Citation.