Opinion
99-54.
May 2, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 2.118 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be 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 or to add a new party, an amendment 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: Consistent with the holding in Employers Mutual Casualty Co v. Petroleum Equipment, Inc, 190 Mich. App. 57, 63; 475 N.W.2d 418 (1991), the proposed amendment of MCR 2.118 would provide that the relation-back doctrine does not extend to the addition of new parties.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered, and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court clerk before September 1, 2000. When filing a comment, please refer to our file No. 99-54.