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...

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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...

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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...

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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...

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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...

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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...

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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The Court of Appeals recently issued an unpublished opinion in three combined appeals all relating to the Estate of Robert Winfield Cederquist (click here to read the opinion).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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Show Me the Money

By Doug Chalgian on September 21, 2016

There’s a new published probate court case arising out of two matters in Jackson County. The case holds that if you don’t have any money, and even if...

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Two Quickies

By Doug Chalgian on June 9, 2016

The End of MCR 5.801(B) The worst Court Rule ever, which requires some probate matters to be appealed to Circuit Court and some to the Court of Appeals,...

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Doug Chalgian

About The Author: Doug Chalgian

I 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.