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.
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.
