In a significant move, Michigan revamped its civil discovery rules in 2020, marking the first major overhaul in almost four decades. A dedicated State Bar Association committee worked for three years to evaluate and recommend amendments aimed at enhancing court accessibility, reducing costs, and expediting case resolution.
Since the mid-1980s, Michigan has had an expansive scope of discovery. The new amendments, however, introduce proportionality upfront, aligning closely with the Federal Rules of Civil Procedure.
The key innovation lies in the requirement for parties to exchange comprehensive initial disclosures at the case's outset. It entails outlining the factual and legal bases of claims, identifying relevant people and documents, providing damage computations, and sharing insurance documents. The process accelerates information gathering, particularly in personal injury cases, where the plaintiff must supply signed medical record releases with their disclosures.
Moreover, the amendments impose a 20-question limit on interrogatories and cap depositions at one day and seven hours. Recognizing that litigants understand their cases best, the amendments allow attorneys to create a tailored discovery plan, bypassing limitations in complex cases through stipulation or court motion.
