Evidence – Discovery – Michigan

Note:  This summary is not intended to be an all inclusive summary of discovery law in Michigan, but does include basic and other information.

Definitions

Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants.  Written questions, oral questioning, document production and admissions requests are generally allowed.  Discovery was designed to to prevent trial by ambush.

Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing.  The answers or responses are usually due between 20-30 days.

Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
Michigan Court Rules

The Michigan Court Rules for discovery in domestic actions are contained in the Michigan Statutes Annotated, Chapter 2, Rules 2.301 through 2.313. The discovery rules also apply in divorce proceedings.

Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 2.302(B)(1)

Experts: A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 2.302(b)(4)

Sequence of Timing and Discovery: Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery. Rule 2.302(D)

Supplementation of Responses: A party who has responded to written interrogatories with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired, except as follows:

(1) A party is under a duty seasonably to supplement the response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters and (B) the identity of each person expected to be called as an expert witness at trial and the general nature of the subject matter on which the expert is expected to testify.

(2) A party is under a duty to amend a prior response seasonably if the party obtains information upon the basis of which the party knows that the response (A) was incorrect when made or (B) though correct when made is no longer true. Rule 2.302(E)

Depositions:

Before Whom Depositions May Be Taken: Within the United States or within a territory subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States, or the place where the examination is held, or before a person appointed by the court in which the action is pending. Rule 2.304(A)

If the deposition is taken in a foreign country, it is proper to take the deposition on notice before a person authorized to administer oaths in the he place in which the examination is held, or before a person commissioned by the court, or pursuant to a letter rogatory. Rule 2.304(B)

Interrogatories

Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 2.309

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 2.310

Physical and Mental Examination of Persons

When the mental or physical condition of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Rule 2.311

Requests for Admissions

A party may serve upon any other party a written request for the admission, of the truth of any matters within the scope of Rule 2.302(B) set forth in the request, including the genuineness of any documents described in the request. Rule 2.312

Compel Discovery

A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party refuses to allow inspection or fails to answer a question propounded or submitted under Rule 2.309 or 2.310 the discovering party may move for an order compelling an answer. Rule 2.313

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing.  It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side.  Don’t waste your requests writing questions that you already know the answer to.