Tuesday, May 3, 2011

We're moving

The more recent entries at this site are being moved to a new location. This site will remain up indefinitely but will not be updated.

The reason for the change relates to the need to edit and update the site. Blogger provides a search box (at upper left) but it is hit and miss when searching for items. We need more hit and less miss.

MSF

Tuesday, April 26, 2011

Newly adopted

Settlement agreements

Two items re mediation and confidentiality: 2009 proposal, 2010 proposal
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Sunday, March 20, 2011

Public hearing March 30

A public administrative hearing by the Supreme Court is scheduled for March 30, 2011 in Lansing. Nine of the pending proposed rules will be addressed at that time.

This is the first public administrative hearing that has been held since September 2009.

Mediation - confidentiality

Court rule affected - 2.412 (new)
Admin no. - 2010-30
Proposed - 11-23-10
Adopted - 4-5-11
Effective - 9-1-11

The court previously proposed a Rule 2.412 on October 28, 2009. This proposal does not mention the previous proposal or explain why it has been reissued.

Link

Tuesday, March 8, 2011

Proposed changes - jury instructions

The Committee is considering modifications to the Model Civil Jury Instructions as follows. All proposals solicit comments by May 31, 2011. All links are to PDF files.

Product liability - Implied Warranty (two instructions - 25.21 and .22)

Medical Malpractice - the proposal is to delete 30.20, loss of a chance, in its entirety

Auto cases - 36.11, serious impairment - amendments to conform to McCormick

Trust contests - a new Chapter 179

Sunday, February 20, 2011

Headlee challenges

Court rule affected - 2.112, 7.206, 7.213
Admin no. - 2010-05
Issued - 12-21-10
Comments open to - 4-1-2011

Would change references in three rules to pleading under the Headlee Amendment. The proposed amendment to 7.206 would authorize appointment of a special master. As the AG's comment points out, this is something that is done on occasion without the need for a provision in the rules.

Link

Summons

Court rule affected - 2.203
Admin no. - 2008-32
Issued - 11-23-10
Declined to adopt, file closed - April 2011

Would require the issuance of a summons when a counterclaim or cross-claim is filed.

Note: this is unnecessary. A summons is intended to require a person to appear in court. A counterclaim or cross-claim by definition affects someone who is already involved in the action.