Weissenberger's Michigan Civil Procedure Litigation Manual

Weissenberger's Michigan Civil Procedure Litigation Manual provides a thorough, yet concise, analysis of the Michigan Court Rules.

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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. This manual also contains a host of other useful features, including each chapter contains the full text of each Rule in a format that lends itself to easier examination and dissection than any other treatise on Michigan court rules 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, which are intended to serve as starting points for additional research. Other features include: 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. On the back cover is a quick reference index.

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Table of Contents

Table of Contents
Preface
Acknowledgments
Table of Authorities
Note on Judicial Rulemaking in Michigan
Cross-Reference to Federal Rules of Civil Procedure

MICHIGAN COURT RULES OF 1985

CHAPTER 1 GENERAL PROVISIONS
SUBCHAPTER 1.100 APPLICABILITY; CONSTRUCTION

1.101 Rule 1.101 Title; Citation
1.102 Rule 1.102 Effective Date
1.103 Rule 1.103 Applicability
1.104 Rule 1.104 Statutory Practice Provisions
1.105 Rule 1.105 Construction
1.106 Rule 1.106 Catch Lines
1.107 Rule 1.107 Number
1.108 Rule 1.108 Computation of Time
1.109 Rule 1.109 Paper and Type-Size Standard
1.110 Rule 1.110 Collection of Fines and Costs
SUBCHAPTER 1.200 AMENDMENT OF MICHIGAN COURT RULES
1.201 Rule 1.201 Amendment Procedure

CHAPTER 2 CIVIL PROCEDURE
SUBCHAPTER 2.000 GENERAL PROVISIONS

2.001 Rule 2.001 Applicability
2.002 Rule 2.002 Waiver or Suspension of Fees and Costs for Indigent Persons
2.003 Rule 2.003 Disqualification of Judge
2.004 Rule 2.004 Incarcerated Parties
SUBCHAPTER 2.100 COMMENCEMENT OF ACTION; SERVICE OF PROCESS; PLEADINGS; MOTIONS
2.101 Rule 2.101 — Form and Commencement of Action
2.102 Rule 2.102 — Summons; Expiration of Summons; Dismissal of Action for Failure to Serve
2.103 Rule 2.103 — Process; Who May Serve
2.104 Rule 2.104 — Process; Proof of Service
2.105 Rule 2.105 — Process; Manner of Service
2.106 Rule 2.106 — Notice by Posting or Publication
2.107 Rule 2.107 — Service and Filing of Pleadings and Other Documents
2.108 Rule 2.108 — Time
2.109 Rule 2.109 — Security for Costs
2.110 Rule 2.110 — Pleadings
2.111 Rule 2.111 — General Rules of Pleading
2.112 Rule 2.112 — Pleading Special Matters
2.113 Rule 2.113 — Form, Captioning, Signing, and Verifying of Documents
2.114 Rule 2.114 — [Abrogated]
2.115 Rule 2.115 — Motion to Correct or to Strike Pleadings
2.116 Rule 2.116 — Summary Disposition
2.117 Rule 2.117 — Appearances
2.118 Rule 2.118 — Amended and Supplemental Pleadings
2.119 Rule 2.119 — Motion Practice
SUBCHAPTER 2.200 PARTIES; JOINDER OF CLAIMS AND PARTIES; VENUE; TRANSFER OF ACTIONS
2.201 Rule 2.201 — Parties Plaintiff and Defendant; Capacity
2.202 Rule 2.202 — Substitution of Parties
2.203 Rule 2.203 — Joinder of Claims, Counterclaims, and Cross-Claims
2.204 Rule 2.204 — Third-Party Practice
2.205 Rule 2.205 — Necessary Joinder of Parties
2.206 Rule 2.206 — Permissive Joinder of Parties
2.207 Rule 2.207 — Misjoinder and Nonjoinder of Parties
2.209 Rule 2.209 — Intervention
2.221 Rule 2.221 — Motion for Change of Venue
2.222 Rule 2.222 — Change of Venue; Venue Proper
2.223 Rule 2.223 — Change of Venue; Venue Improper
2.224 Rule 2.224 — [Repealed]
2.225 Rule 2.225 — Joinder of Party to Control Venue
2.226 Rule 2.226 — [Repealed]
2.227 Rule 2.227 — Transfer of Actions on Finding of Lack of Jurisdiction
2.228 Rule 2.228 — Transfer to the Court of Claims
SUBCHAPTER 2.300 DISCOVERY
2.301 Rule 2.301 — Availability and Timing of Discovery
2.302 Rule 2.302 — Duty to Disclose; General Rules Governing Discovery
2.303 Rule 2.303 — Depositions Before Action or Pending Appeal
2.304 Rule 2.304 — Persons Before Whom Depositions May Be Taken
2.305 Rule 2.305 — Discovery Subpoena to a Non-Party
2.306 Rule 2.306 — Depositions on Oral Examination of a Party
2.307 Rule 2.307 — Depositions on Written Questions
2.308 Rule 2.308 — Use of Depositions in Court Proceedings
2.309 Rule 2.309 — Interrogatories to Parties
2.310 Rule 2.310 — Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purpose
2.311 Rule 2.311 — Physical and Mental Examination of Persons
2.312 Rule 2.312 — Request for Admission
2.313 Rule 2.313 — Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions
2.314 Rule 2.314 — Discovery of Medical Information Concerning Party
2.315 Rule 2.315 — Video Depositions
2.316 Rule 2.316 — Removal of Disclosure and Discovery Materials from File
SUBCHAPTER 2.400 PRETRIAL PROCEDURE; ALTERNATIVE DISPUTE RESOLUTION; OFFERS OF JUDGMENT; SETTLEMENTS
2.401 Rule 2.401 — Pretrial Procedures; Conferences; Scheduling Orders
2.402 Rule 2.402 — Use of Communication Equipment
2.403 Rule 2.403 — Case Evaluation
2.404 Rule 2.404 — Selection of Case Evaluation Panels
2.405 Rule 2.405 — Offers to Stipulate to Entry of Judgment
2.406 Rule 2.406 — Use of Facsimile Communication Equipment
2.407 Rule 2.407 — Videoconferencing
2.410 Rule 2.410 — Alternative Dispute Resolution
2.411 Rule 2.411 — Mediation
2.412 Rule 2.412 — Mediation Communications; Confidentiality and Disclosure
2.420 Rule 2.420 — Settlements and Judgments for Minors and Legally Incapacitated Individuals
SUBCHAPTER 2.500 TRIALS; SUBPOENAS; JURIES
2.501 Rule 2.501 — Scheduling Trials; Court Calendars
2.502 Rule 2.502 — Dismissal for Lack of Progress
2.503 Rule 2.503 — Adjournments
2.504 Rule 2.504 — Dismissal of Actions
2.505 Rule 2.505 — Consolidation; Separate Trials
2.506 Rule 2.506 — Subpoena; Order to Attend
2.507 Rule 2.507 — Conduct of Trials
2.508 Rule 2.508 — Jury Trial of Right
2.509 Rule 2.509 — Trial by Jury or by Court
2.510 Rule 2.510 — Juror Personal History Questionnaire
2.511 Rule 2.511 — Impaneling the Jury
2.512 Rule 2.512 — Instructions to Jury
2.513 Rule 2.513 — Conduct of Jury Trial
2.514 Rule 2.514 — Rendering Verdict
2.515 Rule 2.515 — Special Verdicts
2.516 Rule 2.516 — Motion for Directed Verdict
2.517 Rule 2.517 — Findings by Court
2.518 Rule 2.518 — Receipt and Return or Disposal of Exhibits
SUBCHAPTER 2.600 JUDGMENTS AND ORDERS; POSTJUDGMENT PROCEEDINGS
2.601 Rule 2.601 — Judgments
2.602 Rule 2.602 — Entry of Judgments and Orders
2.603 Rule 2.603 — Default and Default Judgment
2.604 Rule 2.604 — Judgment in Actions Involving Multiple Claims or Multiple Parties
2.605 Rule 2.605 — Declaratory Judgments
2.610 Rule 2.610 — Motion for Judgment Notwithstanding the Verdict
2.611 Rule 2.611 — New Trials; Amendment of Judgments
2.612 Rule 2.612 — Relief From Judgment or Order
2.613 Rule 2.613 — Limitations on Corrections of Error
2.614 Rule 2.614 — Stay of Proceedings to Enforce Judgment
2.615 Rule 2.615 — Enforcement of Tribal Judgments
2.620 Rule 2.620 — Satisfaction of Judgment
2.621 Rule 2.621 — Proceedings Supplementary to Judgment
2.622 Rule 2.622 — Receivers
2.625 Rule 2.625 — Taxation of Costs
2.626 Rule 2.626 — Attorney Fees
2.630 Rule 2.630 — Disability of Judge

CHAPTER 3 SPECIAL PROCEEDINGS AND ACTIONS
SUBCHAPTER 3.000 GENERAL PROVISIONS

3.001 Rule 3.001 — Applicability and Scope
SUBCHAPTER 3.500 REPRESENTATIVE ACTIONS
3.501 Rule 3.501 — Class Actions
3.502 Rule 3.502 — Secondary Action by Shareholders
3.503 Rule 3.503 — Action by Fiduciary
SUBCHAPTER 3.600 MISCELLANEOUS PROCEEDINGS
3.603 Rule 3.603 — Interpleader

CHAPTER 4 DISTRICT COURT
SUBCHAPTER 4.000 GENERAL PROVISIONS

4.001 Rule 4.001 — Applicability
4.002 Rule 4.002 — Transfer of Actions from District Court to Circuit Court
SUBCHAPTER 4.400 DISTRICT COURT MAGISTRATES
4.401 Rule 4.401 — District Court Magistrates

APPENDIX
Michigan Rules of Appellate Procedure
Table to Calculate Number of Days
Michigan Court System
Notes and Jurisdictions of Courts