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In re Amendment of Rule 2.118

Supreme Court of Michigan
Oct 24, 2000
99-54 (Mich. Oct. 24, 2000)

Opinion

99-54.

October 24, 2000.


On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 2.118 of the Michigan Court Rules is adopted, to be effective January 1, 2001.

[The present language is amended as indicated below.]

Rule 2.118 Amended and Supplemental Pleadings

(A)(C) [Unchanged.]

(D) Relation Back of Amendments. Except to demand a trial by jury under MCR 2.508, a An amendment that adds a claim or a defense relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth, or attempted to be set forth, in the original pleading.

(E) [Unchanged.]

Staff Comment: The October 24, 2000, amendment of MCR 2.118, effective January 1, 2001, clarifies that the relation-back doctrine pertains to the addition of claims and defenses.

The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.


Summaries of

In re Amendment of Rule 2.118

Supreme Court of Michigan
Oct 24, 2000
99-54 (Mich. Oct. 24, 2000)
Case details for

In re Amendment of Rule 2.118

Case Details

Full title:AMENDMENT OF RULE 2.118 OF THE MICHIGAN COURT RULES

Court:Supreme Court of Michigan

Date published: Oct 24, 2000

Citations

99-54 (Mich. Oct. 24, 2000)