Pretrial Procedures

Question 1

MI Initial disclosures requirements

Answer 1

All parties must, without awaiting a discovery request, provide to the other parties:

1. factual basis of party’s claims/defenses
2. legal theories on which claims/defenses are based
3. name and address (if known) of each individual that likely has discoverable info
4. copy or description of all documents each party has to support claims/defenses
5. description by category and location of all documents not in party’s possession that they may use to support claims/defense
6. computation of each category of damages
7. copy of pertinent portions of any insurance, indemnity, etc.
   8.

Question 2

Timeline for MI Initial Disclosures

Answer 2

1. party that files a pleading must serve its initial disclosures within 14 days after opposing party files their answer to that pleading
2. party answering a pleading must serve its initial disclosures within the later of 14 days after the opposing party’s disclosures are due or 28 days after the party files its own answer
3. Party serving initial disclosures need only serve parties that have appeared
4. joined or late appearance after initial disclosures must serve their initial disclosures within 14 days after filing their first pleading

Question 3

Michigan Signature Rule

Answer 3

1. Like fed law - all pleadings, motions, legal documents must be signed
2. Signature means the signer has read the document and document is grounded in fact or by existing law and is not interposed for any improper purpose such as to harass or cause unnecessary delay
3. Sanctions SHALL be imposed for a signature rule violation - cannot be avoided by withdrawing paper
4. Michigan allows an award against a party or their counsel for filing a frivolous defense or for certifying information that is not reasonably grounded in fact