Wayne Michigan Defendants' Motion to Compel Discovery of Experts

State:
Michigan
County:
Wayne
Control #:
MI-BM-085-10
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A10 Defendants' Motion to Compel Discovery of Experts
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If the motion is based on the failure to serve answers, proof of service of the interrogatories must be filed with the motion. The motion must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.

Interrogatories are to be raised at a pre-trial stage and must have a close connection with the matter in question, whereas cross examinations have a wider scope of questions that can be asked.

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

A claim brought pursuant to the discovery rule must be commenced at any time within 6 months after the plaintiff discovers or should have discovered the existence of the claim, according to MCL 600.5838a(2).

The answers given in interrogatories can be used in court during a trial. The information from the interrogatories saves time in a trial because the basic facts have already been established and do not need to be repeated through questions of the witnesses in court.

Interrogatories may be administered by one party to a suit to the other party. Thus, a plaintiff may administer interrogatories to a defendant. Likewise, a defendant may administer interrogatories to a plaintiff1.

MCR 2.309(A)(2) Availability; Procedure for Service; Limits Each separately represented party may serve no more than 20 interrogatories on each party.

Your motion must first be filed with the Wayne County Clerk before the Friend of the Court will schedule a hearing. The original, plus four copies of the motion and any additional sheets you have attached. A copy of the current court order you wish to change; if applicable.

(i) A party that files a complaint, counterclaim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.

Then interrogatories are served and due in 30 days, but frequently it could take 60 or 90 days to obtain those responses.

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Wayne Michigan Defendants' Motion to Compel Discovery of Experts