Michigan Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection

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US-02753BG
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Description

Federal Courts and many state courts have local rules regarding the filing of discovery pleadings similar to the following:


Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

" all disclosures made under Fed. R. Civ P. 26 (a)(1);

" depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);

" interrogatories;

" requests for production, inspection or admission;

" answers and responses to such requests; and,

" certificates of service for any of the discovery materials referenced above.


The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

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FAQ

Without leave of court, written interrogatories may be served on the plaintiff once the action has commenced. MCR 2.309(A)(1)(a). The defendant may be served with interrogatories ?with or after the service of the summons and complaint on that defendant.? MCR 2.309(A)(1)(b).

Rule 2.313 - Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions (A) Motion for Order Compelling Disclosure or Discovery. A party, on reasonable notice to other parties and all persons affected, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

A subpoena must: (1) be entitled in the name of the People of the State of Michigan; (2) be imprinted with the seal of the Supreme Court of Michigan; (3) have typed or printed on it the name of the court in which the matter is pending; (4) state the place where the trial or hearing is scheduled; (5) state the title of ...

The deposition of each produced witness may not exceed one day of seven hours. The persons designated shall testify to matters known or reasonably available to the organization. This subrule does not preclude taking a deposition by another procedure authorized in these rules.

PROOF OF SERVICE. A proof of service is, in almost all instances, required to be attached to documents that you are filing with the Court. This document is ?proof? to the Court of the ?service? you completed for the document you are filing.

Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claims or defenses and proportional to the needs of the case, taking into account all pertinent factors, including whether the burden or expense of the proposed discovery outweighs its likely benefit, the complexity of the ...

Rule 2.309 - Interrogatories to Parties (A) Availability; Procedure for Service; Limits. (1) A party may serve on another party written interrogatories to be answered by the party served or, if the party served is a public or private corporation, partnership, association, or governmental agency, by an officer or agent.

Discovery is a process used by parties to obtain information or documents to aid in the preparation of an appeal for hearing. The primary discovery devices are interrogatories, depositions, requests for admission, and requests for production. Interrogatories are written questions. See TTR 255.

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Michigan Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection