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Amendment of Rule 9.208, 2007-36

Supreme Court of Michigan
May 28, 2008
ADM File No. 2007-36 (Mich. May. 28, 2008)

Opinion

ADM File No. 2007-36.

May 28, 2008.


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 amendments of Rule 9.208 of the Michigan Court Rules are adopted, effective September 1, 2008.

[Additions are underlined and deletions are in strikethrough.]

Rule 9.208 Evidence

(A)-(B)[Unchanged.]

(C) Discovery.

(1) Pretrial or discovery proceedings are not permitted, except as follows:

(a) At least 21 days before a scheduled public hearing,

(i) the parties shall provide to one another, in writing, the names and addresses of all persons whom they intend to call at the hearing, and a copy of all statements and affidavits given by those persons, and any material in their possession that they intend to introduce as evidence at the hearing, ; and

(ii) the commission shall make available to the respondent for inspection or copying all exculpatory material in its possession, as well as any other material in its possession that it intends to introduce as evidence at the hearing.

(b) The parties shall give supplemental notice to one another within 5 days after any additional witness or material has been identified and at least 10 days before a scheduled hearing.

(2) A deposition may be taken of a witness who is living outside the state or who is physically unable to attend a hearing.

(3) The commission or the master may order a prehearing conference to obtain admissions or otherwise narrow the issues presented by the pleadings.

If a party fails to comply with subrules (C)(1) or (2), the master may, on motion and showing of material prejudice as a result of the failure, impose one or more of the sanctions set forth in MCR 2.313(B)(2)(a)-(c).

Staff Comment: These amendments require that all parties to a Judicial Tenure Commission proceeding that is scheduled for a public hearing exchange material in their possession that they intend to introduce as evidence at the hearing. The amendments also require the parties to give supplemental notice of any additional material within 5 days after having been identified, and at least 10 days before a scheduled hearing.

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

Amendment of Rule 9.208, 2007-36

Supreme Court of Michigan
May 28, 2008
ADM File No. 2007-36 (Mich. May. 28, 2008)
Case details for

Amendment of Rule 9.208, 2007-36

Case Details

Full title:Amendment of Rule 9.208 of the Michigan Court Rules

Court:Supreme Court of Michigan

Date published: May 28, 2008

Citations

ADM File No. 2007-36 (Mich. May. 28, 2008)