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.
At the urging of the Michigan Supreme Court, the State Bar of Michigan established a task force to evaluate and propose any recommended changes in discovery practices in the Michigan trial courts. In 2016, as part of the Bar’s 21st Century Task Force final report, the Board included the following amongst its goals:
- Modify court rules to reduce the expense and burden of civil discovery.
- Research whether pretrial discovery and practice should be tailored on a case-by-case basis, taking into consideration the parties’ financial resources and other relevant factors.
- Modify court rules and administrative procedure to better utilize mediation and alternative dispute resolution (ADR).
- Promote business process analysis, problem-solving court principles, and best practices to courts, law firms, legal aid programs, and other justice system entities.
- Promote the use of properly trained mediators or special masters to expedite the discovery process.