For Members

New Civil Discovery RulesEffective January 1, 2020

The Michigan Supreme Court recently adopted comprehensive amendments to Michigan’s civil discovery rules. These rules were developed by the State Bar of Michigan’s Civil Discovery Court Rule Review Committee. The rules had not been holistically revised in 35 years, and these amendments represent a significant change in pretrial civil litigation procedures, with the goal of making discovery more efficient and less burdensome, increasing everyone’s access to our courts to resolve their civil legal dispute in a cost-effective manner.

This package of rule changes represents the most comprehensive effort to improve civil discovery rules in at least a generation. The Court is grateful to the State Bar for its hard work to update and streamline discovery, to make it more efficient and effective for the public.” – Chief Justice Bridget M. McCormack

The New Civil Discovery Rules will be effective on January 1, 2020. To prepare practitioners for this change, the State Bar of Michigan is posting educational resources and events.

Resources

Civil Discovery Guidebook

The State Bar of Michigan has partnered with the Detroit Chapter of the Association of Certified e-Discovery Specialists and attorneys at Dickinson Wright and Warner Norcross + Judd to provide this guidebook on the new civil discovery rules, including analysis and practice tips. This guidebook will help ensure that all practitioners have the resources they need to be ready for the new discovery rules on January 1, 2020. A limited number of paper Guidebooks are available for $15 each (which includes taxes and shipping) for purchase.

Civil Discovery Guidebook

On-Demand Seminar: Prepare for Michigan’s Discovery Rule Changes

Available for free to all State Bar of Michigan members

The State Bar of Michigan is proud to partner with ICLE to provide a free On-Demand Seminar on the new civil discovery rules, featuring Judge Christopher Yates and Daniel Quick, two members of our Civil Discovery Court Rule Review Committee. To access the on-demand seminar, State Bar members should click the “buy now” tab, which will provide the option to buy the on-demand seminar for $0.

In addition, access a curated list of relevant resources and ICLE Partnership content at www.icle.org/updates/discovery.

New Civil Discovery Rules Webinar and Materials

Michigan Judicial Institute

Judge James Alexander, Judge Christopher Yates, and Daniel Quick highlight the important changes to the civil discovery rules and offer practical advice for case management and discovery issues.

Michigan’s New Discovery Rules

On Balance podcast hosts JoAnn Hathaway and Tish Vincent talk to Katie Hennessey, public policy counsel at the State Bar, about the drivers behind these amendments and the resources available to help lawyers get up to speed on the changes.

Civil Discovery Court Rule Review Special Committee Final Report

This report was submitted to the Michigan Supreme Court, along with the State Bar of Michigan’s rule proposal. This report explains the purpose and goals underlying many of the rule amendments.

Background Materials

Below are resources to gain a better understanding of discovery concepts borrowed from the federal rules and the problems with the discovery process under the old rules:

Guidelines and Practices for Implementing The 2015 Discovery Amendments to Achieve Proportionality , Bolch Judicial Institute, Duke Law School (2d ed.)
State by State Map, Institute for the Advancement of the American Legal System, University of Denver (provides a visual representation of various pilot projects and rule reform efforts across the nation).
Final Report on the Joint Project of the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System (March 11, 2009) (discusses the role of discovery in litigation, analyzes the problems with discovery in courts, and makes recommendations to improve the system).
Call to Action: Achieving Civil Justice for All, Conference of Chief Justices (2016) (recommendations by the Civil Justice Improvements Committee to improve the civil legal process to make it more just, speedy, and inexpensive)
The Landscape of Civil Litigation in State Courts, National Center for State Courts.

New Court Forms

Domestic Relations Verified Financial Information Form

Bar Journal Articles

The New Civil Discovery Rules Read the September Bar Journal

Michigan Bar Journal—September 2019
SBM Civil Discovery Court Rule Review Committee Chair Dan Quick describes how the new civil discovery rules "signal a paradigm shift in how civil litigation will be conducted in Michigan Courts."

Discovery Reform and the Family Law Practice Read the October Bar Journal

Michigan Bar Journal—October 2019
SBM Civil Discovery Court Rule Review Committee member Mathew Kobliska discusses the changes to the discovery process for domestic relations proceedings, including initial disclosures, limits on interrogatories, and confidential filing for sensitive documents.

Probate Proceedings and Discovery

Michigan Bar Journal—October 2019
SBM Civil Discovery Court Rule Review Committee member George Strander discusses how the new civil discovery rules will “improve the application of discovery standards to the probate setting.”

New Juvenile Discovery Rules: Mandatory, Comprehensive, and Streamlined Read the November Bar Journal

Michigan Bar Journal—November 2019
SBM Civil Discovery Court Rule Review subcommittee member Professor Joshua B. Kay discussed how the new rules will “make discovery in juvenile court matters more efficient by clarifying what is discoverable and requiring more timely exchange of information."