Weissenberger's Michigan Civil Procedure Litigation Manual

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Weissenberger's Michigan Civil Procedure Litigation Manual provides a thorough, yet concise, analysis of the Michigan Court Rules. It is intended to aid the practitioner, judge, and student alike in understanding the operation and application of the Rules in situations that recur throughout the course of litigation. Although this manual is not exhaustive of every procedural issue in Michigan, it is anticipated that it will function both to identify other additional sources on Michigan law as well as to resolve problems frequently engendered by the application of the Rules. Each chapter contains the full text of each Rule in a format that lends itself to easier examination and dissection than any other currently available. Practical commentary on each rule is also provided, as are hundreds of illustrations of possible applications. This publication also includes a list of additional Michigan authorities and a carefully-selected list of leading cases. These cases are intended to serve as starting points for additional research; comprehensive annotations are beyond the scope of this manual. This manual also contains a host of other useful features, including a directory of all clerks of court within the state of Michigan, a note on judicial rulemaking in Michigan, an appellate district map, official forms, and a table used to calculate the number of days between two dates, as well as the full text of the Michigan Rules of Appellate Procedure. A quick reference index is located on the inside front cover and a section locator on the back cover will direct the user to the section of the book where the desired information is found.

Authors / Contributors

Table of Contents

CHAPTER 1 GENERAL PROVISIONS

SUBCHAPTER 1.100 APPLICABILITY; CONSTRUCTION


1.101 Title; Citation

1.102 Effective Date

1.103 Applicability

1.104 Statutory Practice Provisions

1.105 Construction

1.106 Catch Lines

1.107 Number

1.108 Computation of Time

1.109 Paper and Type-Size Standard

1.110 Collection of Fines and Costs

SUBCHAPTER 1.200 AMENDMENT OF MICHIGAN
COURT RULES


1.201 Amendment Procedure

CHAPTER 2 CIVIL PROCEDURE

SUBCHAPTER 2.000 GENERAL PROVISIONS


2.001 Applicability

2.002 Waiver or Suspension of Fees and Costs for Indigent Persons

2.003 Disqualification of Judge

2.004 Incarcerated Parties

SUBCHAPTER 2.100 COMMENCEMENT OF ACTION;
SERVICE OF PROCESS; PLEADINGS; MOTIONS


2.101 Form and Commencement of Action

2.102 Summons; Expiration of Summons; Dismissal of Action for Failure to Serve

2.103 Process; Who May Serve

2.104 Process; Proof of Service

2.105 Process; Manner of Service

2.106 Notice by Posting or Publication

2.107 Service and Filing of Pleadings and Other Papers

2.108 Time

2.109 Security for Costs

2.110 Pleadings

2.111 General Rules of Pleading

2.112 Pleading Special Matters

2.113 Form of Pleadings and Other Papers

2.114 Signatures of Attorneys and Parties; Verification; Effect; Sanctions

2.115 Motion to Correct or to Strike Pleadings

2.116 Summary Disposition

2.117 Appearances

2.118 Amended and Supplemental Pleadings

2.119 Motion Practice

SUBCHAPTER 2.200 PARTIES; JOINDER OF CLAIMS
AND PARTIES; VENUE; TRANSFER OF ACTIONS


2.201 Parties Plaintiff and Defendant; Capacity

2.202 Substitution of Parties

2.203 Joinder of Claims, Counterclaims, and Cross-Claims

2.204 Third-Party Practice

2.205 Necessary Joinder of Parties

2.206 Permissive Joinder of Parties

2.207 Misjoinder and Nonjoinder of Parties

2.209 Intervention

2.221 Motion for Change of Venue

2.222 Change of Venue; Venue Proper

2.223 Change of Venue; Venue Improper

2.224 [Repealed]

2.225 Joinder of Party to Control Venue

2.226 Change of Venue; Orders

2.227 Transfer of Actions on Finding of Lack of Jurisdiction

SUBCHAPTER 2.300 DISCOVERY

2.301 Completion of Discovery

2.302 General Rules Governing Discovery

2.303 Depositions Before Action or Pending Appeal

2.304 Persons Before Whom Depositions May Be Taken

2.305 Subpoena for Taking Deposition

2.306 Depositions on Oral Examination

2.307 Depositions on Written Questions

2.308 Use of Depositions in Court Proceedings

2.309 Interrogatories to Parties

2.310 Requests for Production of Documents and Other Things; Entry on Land for
Inspection and Other Purposes

2.311 Physical and Mental Examination of Persons

2.312 Request for Admission

2.313 Failure to Provide or to Permit Discovery; Sanctions

2.314 Discovery of Medical Information Concerning Party

2.315 Video Depositions

2.316 Removal of Discovery Materials from File

SUBCHAPTER 2.400 PRETRIAL PROCEDURE; ALTERNATIVE DISPUTE
RESOLUTION; OFFERS OF JUDGMENT; SETTLEMENTS


2.401 Pretrial Procedures; Conferences; Scheduling Orders

2.402 Use of Communication Equipment

2.403 Case Evaluation

2.404 Selection of Case Evaluation Panels

2.405 Offers to Stipulate to Entry of Judgment

2.406 Use of Facsimile Communication Equipment

2.410 Alternative Dispute Resolution

2.411 Mediation

2.412 Mediation - Communication; Confidentiality and Disclosure

2.420 Settlements and Judgments for Minors and Legally Incapacitated Individuals

SUBCHAPTER 2.500 TRIALS; SUBPOENAS; JURIES

2.501 Scheduling Trials; Court Calendars

2.502 Dismissal for Lack of Progress

2.503 Adjournments

2.504 Dismissal of Actions

2.505 Consolidation; Separate Trials

2.506 Subpoena; Order to Attend

2.507 Conduct of Trials

2.508 Jury Trial of Right

2.509 Trial by Jury or by Court

2.510 Juror Personal History Questionnaire

2.511 Impaneling the Jury

2.512 Instructions to Jury

2.513 Conduct of Jury Trial

2.514 Rendering Verdict

2.515 Special Verdicts

2.516 Motion for Directed Verdict

2.517 Findings by Court

2.518 Receipt and Return or Disposal of Exhibits

SUBCHAPTER 2.600 JUDGMENTS AND ORDERS;
POSTJUDGMENT PROCEEDINGS


2.601 Judgments

2.602 Entry of Judgments and Orders

2.603 Default and Default Judgment

2.604 Judgment in Actions Involving Multiple Claims or Multiple Parties

2.605 Declaratory Judgments

2.610 Motion for Judgment Notwithstanding the Verdict

2.611 New Trials; Amendment of Judgments

2.612 Relief from Judgment or Order

2.613 Limitations on Corrections of Error

2.614 Stay of Proceedings to Enforce Judgment

2.615 Enforcement of Tribal Judgments

2.620 Satisfaction of Judgment

2.621 Proceedings Supplementary to Judgment

2.622 Receivers in Supplementary Proceedings

2.625 Taxation of Costs

2.626 Attorney Fees

2.630 Disability of Judge

CHAPTER 3 SPECIAL PROCEEDINGS AND ACTIONS

SUBCHAPTER 3.000 GENERAL PROVISIONS


3.001 Applicability

SUBCHAPTER 3.500 REPRESENTATIVE ACTIONS

3.501 Class Actions

3.502 Secondary Action by Shareholders

3.503 Action by Fiduciary

SUBCHAPTER 3.600 MISCELLANEOUS PROCEEDINGS

3.603 Interpleader

CHAPTER 4 DISTRICT COURT

SUBCHAPTER 4.000 GENERAL PROVISIONS


4.001 Applicability

4.002 Transfer of Actions from District Court to Circuit Court

SUBCHAPTER 4.400 MAGISTRATES

4.401 Magistrates

APPENDIX

Michigan Rules of Appellate Procedure

Table to Calculate Number of Days

Michigan Court System

Notes and Jurisdictions of Courts

Michigan State Court Clerks and Administrators

Circuit Courts

Michigan Federal Court Clerks and Administrators

Other Important Michigan Addresses And Phone Numbers

Corporate Phone Numbers For Michigan