Opinion
No. 139223.
November 6, 2006.
Appeal from the Court of Appeals No. 278861.
Actions on Applications for Leave to Appeal from the Court of Appeals.
Orders Granting Oral Argument in Case Pending on Application for Leave to Appeal.
We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing: (1) whether, in light of Van Vliet v Vander Naald, 290 Mich 365 (1939), Westerhouse v De Witt, 215 Mich 295 (1921), and Howard v Dickie, 120 Mich 238 (1899), the reciprocal duty or interest giving rise to the qualified privilege at issue in this case applies to all church members generally, or only to members who are decision-makers engaged in the conduct of church business; (2) when and under what conditions does the qualified privilege cease to apply with regard to persons who are no longer church members; and (3) if an instruction on qualified privilege was required, whether the failure to give this instruction was harmless error in light of the jury's findings on the jury verdict form. The parties should not submit mere restatements of their application papers.