|December 15 - 21, 2008||
Volume 6 Issue 51
Please note: The Public Policy Update will not be published during the holiday season. The next Update will be sent on Monday, January 5, 2008. Any interim questions can be directed to firstname.lastname@example.org.
In the Capitol
In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Wednesday, January 14, 2009, from 9:30 a.m. to 11:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915.
To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, January 12, 2009.
These amendments update Michigan’s discovery rules as they relate to electronically stored information. The provisions of the proposal at MCR 2.302(B)(6) and MCR 2.506(A)(3) allow the court to shift the cost of discovery to the requesting party if discovery is requested from sources that are not reasonably accessible, and prohibit sanctions if information is lost or destroyed as a result of a good-faith, routine record destruction policy or “litigation hold” procedures. The “safe harbor” provision provided in MCR 2.302(B)(5) and in MCR 2.313 applies when information is lost or destroyed under a routine electronic information system, if the operation of the system was performed in good faith. Good faith may be shown by a party’s actions to attempt to preserve information as part of a “litigation hold” that would otherwise have been lost or destroyed under an electronic information system. The new language of MCR 2.302 and MCR 2.506 also allows parties to determine the format in which the information should be produced, and how to handle a situation in which protected information is inadvertently produced.
The December 2008 Business Litigation issue of the Michigan Bar Journal is now available online at www.michbar.org/journal.
Sections and Committees
The Probate and Estate Planning Section submitted a public policy position on the following bills:
Mich. Legislature Ends ’07-08 Voting