Michigan Evidence Rules Courtroom Quick Reference: 2014

The discovery response shall also be served on all parties, except as provided in (D). (D) Copies of documents produced pursuant to a request for production need not be served upon a party that did not make, or join in, the request and pay for the costs of production. (e) Wills. The Supreme Court has not adopted a provision authorizing a subpoena solely to compel a non-party to produce documents or submit to an inspection. C. §§ 601 to 669) for adjustment of the child support award or the addition of a health insurance provision in accordance with N.

Appearances may be entered only after a complaint or citation and notice has been filed. (ii) Intake Hearings. Defendants who wish to plead not guilty who are out of custody and who are not charged with an offense involving domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, assault, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm), 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon), may at the time summoned for arraignment, appear before a clerk; the clerk shall assign a pre-trial hearing date without judicial involvement ref.: http://internationalrelo.net/ebooks/bankruptcy-court-rules. REMOVAL OR SUBSTITUTION OF LITIGATION GUARDIAN, COMMITTEE OR SUBSTITUTE DECISION MAKER 7.06(1) Where, in the course of a proceeding, (a) a minor for whom a litigation guardian has been acting reaches the age of majority, the minor or the litigation guardian may, on filing an affidavit stating that the minor has reached the age of majority, obtain from the registar an order to continue (Form 7B ) authorizing the minor to continue the proceeding without the litigation guardian; and (b) a party under any other disability for whom a litigation guardian, committee or substitute decision maker has been acting ceases to be under disability, the party or the litigation guardian, committee or substitute decision maker may move without notice for an order to continue the proceeding without the litigation guardian, committee or substitute decision maker, and the order shall be served forthwith on every other party and on the litigation guardian, committee or substitute decision maker. 7.06(2) Where it appears to the court that a litigation guardian is not acting in the best interests of the party under disability, the court may substitute the Public Trustee or any other person as litigation guardian. 7.07(1) Where a party is under disability at the time an originating process is served on the party, default may not be noted under rule 19 without leave of a judge. 7.07(2) Notice of a motion for leave under subrule (1) shall be served, (a) upon the litigation guardian, committee of the estate or substitute decision maker of the party under disability; and (b) unless a judge orders otherwise, upon the Public Trustee. 7.08(1) No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval of a judge. 7.08(2) Judgment may not be obtained on consent in favour of or against a party under disability without the approval of a judge. 7.08(3) Where an agreement for the settlement of a claim made by or against a person under disability is reached before a proceeding is commenced in respect of the claim, approval of a judge shall be obtained on an application to the court. 7.08(4) Notice of a motion or application for the approval of a judge under this rule shall, unless the judge orders otherwise, be served, (b) where the party under disability is a defendant or respondent, upon the litigation guardian, committee or substitute decision maker. 7.08(5) On a motion or application for the approval of a judge under this rule, there shall be served and filed with the notice of motion or notice of application, (a) an affidavit of the litigation guardian, committee or substitute decision maker setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian, committee or substitute decision maker in respect of the settlement; (b) an affidavit of the lawyer acting for the litigation guardian, committee or substitute decision maker setting out the lawyer's position in respect of the proposed settlement; (c) where the person under disability is a minor who is over the age of sixteen years, the minor's consent in writing, unless the judge orders otherwise; and (d) a copy of the minutes of the proposed settlement, if any. 7.09 Any money payable to a person under disability under an order or a settlement shall be paid in such manner as directed by a judge. 8.01(1) A proceeding by or against two or more persons as partners may be commenced using the firm name of the partnership. 8.01(2) Subrule (1) extends to a proceeding between, (a) a partnership and one or more of its partners; and (b) partnerships having one or more partners in common. 8.02 Where a proceeding is commenced against a partnership using the firm name, the partnership's defence shall be delivered in the firm name and no person who admits having been a partner at any material time may defend the proceeding separately, except with leave of the court. 8.03(1) In a proceeding against a partnership using the firm name, a person other than a named party shall not be held personally liable as a partner unless served with the originating process together with a notice (Form 8A ) stating that the party is served as a partner, except as provided in subrule 8.06(3). 8.03(2) The notice (Form 8A ) shall be served within the time provided for the service of originating process. 8.03(3) A person served as provided in this rule shall be deemed to have been a partner at the material time unless the person defends the proceedings separately and denies having been a partner at the material time, in which case the person may also defend the proceeding on the merits. 8.04 Where a person defends a proceeding separately, (a) with leave of the court under rule 8.02; or (b) denying having been a partner at the material time, that person becomes a party to the proceeding as a defendant or respondent and the title of the proceeding shall be amended accordingly. 8.05(1) Where a proceeding is commenced by or against a partnership using the firm name, any other party may serve a notice requiring the partnership to disclose in writing forthwith the names and addresses of all the partners constituting the partnership at a time specified in the notice and, where the present address of a partner is unknown, the partnership shall disclose the last known address of that partner. 8.05(2) Where a partnership fails to comply with a notice under subrule (1), its claim or defence as against the party who served the notice may be dismissed or struck out, or the proceeding may be stayed. 8.06(1) An order against a partnership using the firm name may be enforced against the property of the partnership. 8.06(2) An order against a partnership using the firm name may also be enforced, where the order or a subsequent order so provides, against any person who was served as provided in rule 8.03 and who, (a) under that rule, is deemed to have been a partner; (b) has admitted having been a partner; or (c) has been adjudged to have been a partner; 8.06(3) Where, after an order has been made against a partnership using the firm name, the party obtaining it claims to be entitled to enforce it against any person alleged to be a partner other than a person who was served as provided in rule 8.03, the party may move before a judge for leave to do so, and the judge may grant leave if the liability of the person as a partner is not disputed or, if disputed, after the liability has been determined in such manner as the judge directs. 8.07 A notice under rule 8.03 and notice of motion under subrule 8.06(3) shall be served in the same manner as provided for service of an originating process. 8.08(1) Where a person carries on business under a business name other than the person's own name, a proceeding may be commenced by or against that person using either or both names. 8.08(2) Rules 8.01 to 8.07 apply, with necessary modifications, to a proceeding by or against a sole proprietor using a business name as though the sole proprietor was a partner and the business name was the firm name of the partnership. 8.09 For the purpose of rule 8.10, "association" means an unincorporated organization of two or more persons, other than a partnership, operating under the name of the association for a common purpose or undertaking. 8.10 If an association has, pursuant to legislation, the legal capacity to sue or be sued or to be a party in a proceeding, the rules applicable to corporations with respect to practice and procedure apply to that association, with necessary changes. 9.01(1) A proceeding may be brought by or against a personal representative or trustee as representing an estate or trust and its beneficiaries without joining those beneficiaries as parties. 9.01(2) Subrule (1) does not apply to a proceeding, (a) to interpret a will or trust; (b) to establish or contest the validity of a will or trust; (c) to remove or replace a personal representative or a trustee; (d) against a personal representative or trustee for fraud or misconduct; or (e) for the administration of an estate or the execution of a trust by the court. 9.01(3) Where a proceeding is commenced by personal representatives or trustees, any personal representative or trustee who does not consent to be joined as a plaintiff or applicant shall be made a defendant or respondent. 9.01(4) The court may order that any beneficiary, creditor or other interested person be made a party to a proceeding by or against a personal representative or trustee. 9.02(1) If there is no personal representative of the estate of a deceased person in Manitoba, a person wishing to commence or continue proceedings against the estate may move on motion for the appointment of a litigation administrator for the estate. 9.02(2) A litigation administrator may take all proceedings that may be necessary for the protection of the interests of the estate, including proceedings by way of counterclaim, crossclaim or third party claim. 9.02(3) An order in a proceeding to which the public trustee or a litigation administrator is a party binds the estate of the deceased person, but has no effect on the public trustee or litigation administrator in his or her personal capacity, unless a judge orders otherwise. 9.03(1) Where a proceeding is commenced by or against a person as executor or administrator before a grant of probate or administration has been made, and that person subsequently receives a grant of probate or administration, the proceeding shall be deemed to have been properly constituted from its commencement. 9.03(2) A proceeding commenced by or against the estate of a deceased person, (a) in the name of "the estate of A , e.g. postdialysishangover.com.

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