Social distancing, self-isolation, self-quarantining are terms no one used or even know a few months ago. Today, they are part of our everyday lives and the measures we take to protect our families, neighbors, friends, co-workers, and clients from the COVID-19 coronavirus.
Given Governor Whitmer’s shelter-in-place executive order and the Michigan Supreme Court’s administrative orders to restrict access to courts and placing dockets across the state on hold, the message is clear – take care, stay safe, stay home, and be smart. None of us want to take any steps that place others and ourselves at risk. But we can implement strategies to cope with the current crisis.
Discovery and discovery disputes are two of the most significant drivers in the cost of litigation. Effective January 1, 2020, who and how litigants resolve discovery issues under the court rules is changing in Michigan. With the addition of a new provision – MCR 2.411(H) – the Michigan Supreme Court ordered: “The parties may stipulate to or the court may order the mediation of discovery disputes….”
As January 1, 2020, draws closer, litigators would be wise to consider how the the promulgation of Michigan Supreme Court Order 2018-19, will affect how they practice under important amendments to the Michigan Court Rules – particularly those dealing with proportionality, electronically stored information (ESI), and alternative dispute resolution (ADR).
With the promulgation of Michigan Supreme Court Order 2018-19, many significant and important amendments to the Michigan Court Rules will become effective January 1, 2020. In this post, we look at the rule regarding initial disclosures and how lawyers may need to consider their current litigation approaches.
On October 31, 2018, I will be participating in a workshop to help ADR practitioners improve their skills and techniques.
The program – EFFECTIVE ADR ADVOCACY: Learn Expert Tips from Judges and Professional ADR Providers – will feature a faculty including Michigan Supreme Court Justice Bridget Mary McCormack; Kent County Judges Kathleen A. Feeney (Family Division), David M. Murkowski (Chief Judge, Probate Court), and Christopher P. Yates (Business Court), and three other ADR experts from Professional Resolution Experts of Michigan (PREMi).
Please consider attending this unique opportunity to hear from the Justice, the Judges and the ADR experts from PREMi. For more information and to register, click here.
