Michigan Business Contract Discovery Protocols.pdf

Initial Discovery Protocols for Business Contract Disputes (Michigan)

These protocols streamline discovery in business contract cases within Michigan's Business Courts, aiming to encourage early and efficient exchange of relevant information.

Key Points:

Scope: Applies to all business contract disputes involving businesses (partnerships, corporations, etc.).
Purpose: Facilitate early identification of key issues and documents, promoting more targeted and efficient discovery.
Timeframe: Covers a six-year period before the adverse action.
Production Requirements: Both plaintiffs and defendants must disclose specific categories of documents and information:
Plaintiff: Contracts, supporting documentation, communications related to claims, other relevant lawsuits, and any formation/termination documents concerning the contract.
Defendant: Same as plaintiff plus responses to any relevant claims or lawsuits by the plaintiff.
Exemptions: Parties can request exemptions for good cause.
Privilege Logs: Required for withheld documents, detailing privilege asserted.
Confidentiality: Encourages parties to agree on a Stipulated Protective Order for handling confidential information.
Timeline: Documents must be produced within 30 days of the defendant's responsive pleading or motion, unless otherwise ordered by the court.