COA Explains Leave to Amend
By Doug Chalgian on March 23, 2022
This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires”...
COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist
By Doug Chalgian on January 18, 2022
In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...
Strict Adherence to MCR 5.120 Required
By Doug Chalgian on April 12, 2020
MCR 5.120 is an important, often underused, tool to help litigants settle contested probate matters. One of the difficulties with settling probate cases is that you often have...
Michigan’s New Discovery Rules Part 5
By Doug Chalgian on September 20, 2019
Conclusions and Impressions 1. Upping Your Game The impact of these new rules can hardly be overstated. Those who dabble in litigation will need to think seriously about...
Michigan’s New Discovery Rules Part 4
By Doug Chalgian on September 19, 2019
In addition to the limitations imposed by the definition of the scope of discovery, the new rules specifically limit certain discovery tools, and more thoroughly address the discoverability...
Michigan’s New Discovery Rules Part 3
By Doug Chalgian on September 17, 2019
Required Disclosure The changes to the scope of discovery are dramatic; but the impact of those changes pales in comparison to the new rules regarding required disclosures. What...
Michigan’s New Discovery Rules Part 2
By Doug Chalgian on September 17, 2019
Proceeding or Civil Action The distinction between a “probate proceeding” versus a “civil action” which happens to be initiated in a probate court, remains unaltered. MCR 5.101. For...
Michigan’s New Discovery Rules Part 1
By Doug Chalgian on September 16, 2019
Litigation of all types will soon be more complicated and more expensive, probate litigation included. This development comes about because of the extensive revisions to the Michigan Court...
Civil Actions versus Proceedings in Probate Court
By Doug Chalgian on August 10, 2017
When starting a new litigation matter in probate court, a threshold issue is to determine whether the matter should be characterized as a probate “proceeding” or a “civil...
Playing the Sanctions Game in Probate Court
By Doug Chalgian on February 19, 2017
The Court of Appeals recently issued an unpublished opinion in three combined appeals all relating to the Estate of Robert Winfield Cederquist (click here to read the opinion). ...
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About The Author: Doug ChalgianI am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution. |