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, May 3, 2011
Tuesday, April 26, 2011
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.
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
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
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
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.
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.
Class actions - certification
Court rule affected - 3.501
Admin no. - 2008-18
Issued - 12-21-10
Comments open to - 4-1-2011
Two alternative proposals on supplemental motions for certification of a class in class actions, based on changed factual circumstances.
Admin no. - 2008-18
Issued - 12-21-10
Comments open to - 4-1-2011
Two alternative proposals on supplemental motions for certification of a class in class actions, based on changed factual circumstances.
Settlement agreements
Court rule affected - 2.507
Admin no. - 2008-11
Issued - 4-5-11
Effective - 9-1-11
Deletes the reference to later denials of an oral settlement agreement, thus tightening the requirement that settlement agreements be in writing.
Admin no. - 2008-11
Issued - 4-5-11
Effective - 9-1-11
Deletes the reference to later denials of an oral settlement agreement, thus tightening the requirement that settlement agreements be in writing.
Attorneys' fees in no-fault cases
Court rule affected - 8.121
Admin no. - 2007-17
Issued - 10-26-10
Would add claims for no-fault benefits to the rule governing contingent fees.
Several groups have posted comments in opposition on the grounds that the amendment might prohibit the award of attorneys fees based on an hourly rate. They argue that the court should have the discretion to award an attorney fee that exceeds 1/3 of the amount recovered, as a penalty for unreasonable denial or delay in payment.
Link
Admin no. - 2007-17
Issued - 10-26-10
Would add claims for no-fault benefits to the rule governing contingent fees.
Several groups have posted comments in opposition on the grounds that the amendment might prohibit the award of attorneys fees based on an hourly rate. They argue that the court should have the discretion to award an attorney fee that exceeds 1/3 of the amount recovered, as a penalty for unreasonable denial or delay in payment.
Link
Pro hac vice
Court rule affected - 8.126
Admin no. - 2004-08
Issued - 10-26-10
A revision of a rule adopted in September 2008 governing appearances by out-of-state attorneys. Would add specific arbitration proceedings to the hearings in question.
Admin no. - 2004-08
Issued - 10-26-10
A revision of a rule adopted in September 2008 governing appearances by out-of-state attorneys. Would add specific arbitration proceedings to the hearings in question.
Termination of attorney-client relationship
Court rule affected - 2.117
Admin no. - 2007-18
Issued - 11-23-10
Declined to adopt, file closed - April 2010
Would add language to (C)(1) that would allow a notice by an attorney to his client that the attorney is terminating the relationship to be self-executing. An order of the presiding court would not be required.
The added language would likely also affect the accrual date, based on last date of service, in legal malpractice cases.
Note: the Staff Comment disregards this significant change in the law.
[additions in bold]
(C) Duration of Appearance by Attorney.
(1) Unless otherwise stated or ordered by the court, and except as otherwise provided by these rules, an attorney's appearance applies only in the court in which it is made, or to which the action is transferred, until a final judgment is entered disposing of all claims by or against the party whom the attorney represents and the time for appeal of right has passed, or until the attorney notifies the attorney’s client that the attorney is terminating representation of the client. Follow-up or ministerial acts performed by the attorney with regard to the client’s file following notice of termination do not extend the attorney-client relationship. The appearance applies in an appeal taken before entry of final judgment by the trial court.
(2) An attorney who has entered an appearance may withdraw from the action or be substituted for only on order of the court, or as allowed in subsection (C)(1).
Staff Comment: The proposed amendment would revise MCR 2.117 to provide that an attorney-client relationship continues until a final judgment is reached and the period allowed to appeal by right has expired unless the attorney discontinued the relationship before that time. Also the proposal would clarify that follow-up or ministerial actions performed by the attorney following notice of termination do not extend the attorney-client relationship.
Admin no. - 2007-18
Issued - 11-23-10
Declined to adopt, file closed - April 2010
Would add language to (C)(1) that would allow a notice by an attorney to his client that the attorney is terminating the relationship to be self-executing. An order of the presiding court would not be required.
The added language would likely also affect the accrual date, based on last date of service, in legal malpractice cases.
Note: the Staff Comment disregards this significant change in the law.
[additions in bold]
(C) Duration of Appearance by Attorney.
(1) Unless otherwise stated or ordered by the court, and except as otherwise provided by these rules, an attorney's appearance applies only in the court in which it is made, or to which the action is transferred, until a final judgment is entered disposing of all claims by or against the party whom the attorney represents and the time for appeal of right has passed, or until the attorney notifies the attorney’s client that the attorney is terminating representation of the client. Follow-up or ministerial acts performed by the attorney with regard to the client’s file following notice of termination do not extend the attorney-client relationship. The appearance applies in an appeal taken before entry of final judgment by the trial court.
(2) An attorney who has entered an appearance may withdraw from the action or be substituted for only on order of the court, or as allowed in subsection (C)(1).
Staff Comment: The proposed amendment would revise MCR 2.117 to provide that an attorney-client relationship continues until a final judgment is reached and the period allowed to appeal by right has expired unless the attorney discontinued the relationship before that time. Also the proposal would clarify that follow-up or ministerial actions performed by the attorney following notice of termination do not extend the attorney-client relationship.
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