Michigan Supreme Court Eliminates Mandatory Case Evaluations And Sanctions

After a revamp of the court rules pertaining to discovery, the Supreme Court shifted attention to the court rules pertaining to case evaluation. Earlier this month, the Court issued ADM File No. 2020-06, which amends MCR 2.403, MCR 2.404, and MCR 2.405. Some justices believe that the amendments will facilitate docket management. Other justices don't share the same optimism.

Prior to the amendments, MCR 2.403 required case evaluation in every tort case. A panel comprised of three experienced attorneys would evaluate the case, typically toward the end of discovery, and issue an award. The parties would have 28 days to accept or reject the reward. If both of the parties accepted the award, the case would settle. If either of the parties rejected the award, the case would proceed to a settlement conference and eventually a trial. If the rejecting party didn't receive a judgment at least 10% higher than the award issued by the panel, the rejecting party would be liable