Discovery Deviousness leads to Dismissal

By Doug Chalgian on March 18, 2023

  Although, In Re Gregory Hall Trust is a published decision arising out of trust litigation, the case is really about discovery sanctions. [Click on the name to...

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COA Clarifies Actions Under Section 1205

By Doug Chalgian on February 22, 2023

  MCL 700.1205 is a section of EPIC that provides a unique method for discovery.  Part 1 of that statute says:  (1) The court may order a person...

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Copy of 706 is Reasonable Request of Trust Beneficiary

By Doug Chalgian on January 30, 2022

  In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information...

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Lack of Diligence in Discovery Justifies MSD

By Doug Chalgian on February 20, 2021

Two siblings each petition to have a different version of Mom’s Will admitted.  Through their respective attorneys, Bruce offers the 2007 Will and Jennifer offers a 2018 Will....

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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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Litigation Strategies Part VI: When in Doubt Depose

By Doug Chalgian on March 11, 2016

Most people can’t just look at other people’s emails, tax returns or bank accounts. They can’t ask them questions about their intentions, their prior statements or their relationships...

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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.