Michigan Civil Pre-Trial Schedule

State:
Michigan
Control #:
MI-KT-09
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PDF
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Description

Civil Pre-Trial Schedule

Michigan Civil Pre-Trial Schedules are timelines that govern the process for resolving civil disputes before getting to trial. The process begins when a complaint is filed, and the parties are required to engage in discovery, motions practice, and other steps before the case is ready for trial. There are two types of Michigan Civil Pre-Trial Schedules. The first is the Standard Pre-Trial Schedule, which is the default for most civil cases and is designed to move the case efficiently towards a resolution. The Standard Pre-Trial Schedule requires the parties to complete discovery within six months, participate in a pre-trial conference with the court and opposing counsel, and submit any necessary motions within a set time frame. The second type of Michigan Civil Pre-Trial Schedule is the Expedited Pre-Trial Schedule, which is used for cases that require a faster resolution. This schedule shortens the timeline for discovery and motions, and requires the parties to participate in a pre-trial conference within three months of filing the complaint. Both the Standard and Expedited Pre-Trial Schedules require the parties to comply with the timeline set by the court in order to resolve the case in a timely manner. Any delays may result in the case being dismissed or sanctions being imposed.

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FAQ

Michigan criminal statute of limitations law sets the limit at six years for misdemeanors and six to 10 years for most felonies.

Michigan's civil statute of limitations allows: Three years for personal injuries. Up to six years for fraud, trespassing, collection of rent, contracts, and debt collection. Ten years for judgments.

To start a civil action, a summons and complaint must be filed, filing fees must be paid, and all of the parties must be served with notice of the complaint. Civil lawsuits can be disposed of by a bench trial (a trial in front of a judge), a jury trial, settlement between the parties, or dismissal.

2.401. Rule 2.401 - Pretrial Procedures; Conferences; Scheduling Orders (A) Time; Discretion of Court. At any time after the commencement of the action, on its own initiative or the request of a party, the court may direct that the attorneys for the parties, alone or with the parties, appear for a conference.

A pretrial is an opportunity for the lawyers to discuss the progress of a case, explore areas of agreement and disagreement, talk about potential evidentiary or constitutional disputes, and update the judge on the case's progress.

This three-year period is known as the ?statute of limitations.? It applies to both bodily injury and wrongful death claims.

The three most common civil cases are tort claims, contract breaches and landlord/tenant issues.

More info

Generally, civil status conferences are held Tuesdays and Wednesdays at a. M.. Pretrial Conferences.Title VI TRIALS. 38. Jury trial of right. 39. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions. (B) Permitted Contents. Any final pretrial conference shall be held as close to the time of trial as reasonable under the circumstances. A pretrial conference may be held in a civil case. This conference held after all initial pleadings have been filed helps the judge manage the case. A. STATEMENT OF INTENT: This Rule implements Civ.

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Michigan Civil Pre-Trial Schedule