Michigan – eDiscovery Court Rules

While dealing with ESI in Michigan litigators must keep the following rules in mind(certain portions of the rules are omitted, visit http://courts.mi.gov/courts/michigansupremecourt/currentcourtrules/1chapter2civilprocedure.pdf for complete rules):

Rule 2.302

General Rules Governing Discovery

(B) Scope of Discovery

(5) Electronically Stored Information. A party has the same obligation to
preserve electronically stored information as it does for all other types of
information. Absent exceptional circumstances, a court may not impose
sanctions under these rules on a party for failing to provide electronically stored
information lost as a result of the routine, good-faith operation of an electronic
information system.

 
(6) Limitation of Discovery of Electronic Materials. A party need not provide
discovery of electronically stored information from sources that the party
identifies as not reasonably accessible because of undue burden or cost. On
motion to compel discovery or for a protective order, the party from whom
discovery is sought must show that the information is not reasonably accessible
because of undue burden or cost. If that showing is made, the court may
nonetheless order discovery from such sources if the requesting party shows
good cause, considering the limitations of MCR 2.302(C). The court may
specify conditions for the discovery.

Rule 2.310

Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes

(C) Request to Party.

 
(1) The request may, without leave of court, be served on the plaintiff after
commencement of the action and on the defendant with or after the service of
the summons and complaint on that defendant. The request must list the items
to be inspected, either by individual item or by category, and describe each
item and category with reasonable particularity. The request must specify a
reasonable time, place, and manner of making the inspection and performing
the related acts, as well as the form or forms in which electronically stored
information is to be produced, subject to objection.

 
(2) The party on whom the request is served must serve a written response
within 28 days after service of the request, except that a defendant may serve
a response within 42 days after being served with the summons and complaint.
The court may allow a longer or shorter time. With respect to each item or
category, the response must state that inspection and related activities will be
permitted as requested or that the request is objected to, in which event the
reasons for objection must be stated. If objection is made to part of an item or
category, the part must be specified. If the request does not specify the form
or forms in which electronically stored information is to be produced, the party
responding to the request must produce the information in a form or forms in
which the party ordinarily maintains it, or in a form or forms that is or are
reasonably usable. A party producing electronically stored information need
only produce the same information in one form.
(3) The party submitting the request may move for an order under MCR
2.313(A) with respect to an objection to or a failure to respond to the request

Rule 2.313

Failure to Provide or to Permit Discovery; Sanctions

 

(E) Absent exceptional circumstances, a court may not impose sanctions under
these rules on a party for failing to provide electronically stored information lost as
a result of the routine, good-faith operation of an electronic information system.

Rule 2.401

Pretrial Procedures; Conferences; Scheduling Orders

 
(A) Time; Discretion of Court. At any time after the commencement of the action,
on its own initiative or the request of a party, the court may direct that the
attorneys for the parties, alone or with the parties, appear for a conference. The
court shall give reasonable notice of the scheduling of a conference. More than one
conference may be held in an action

 
(c) The scheduling order also may include provisions concerning discovery
of electronically stored information, any agreements the parties reach for
asserting claims of privilege or of protection as trial-preparation material
after production, preserving discoverable information, and the form in which
electronically stored information shall be produced.

Rule 2.506

Subpoena; Order to Attend
(A) Attendance of Party or Witness.

(2) A subpoena may specify the form or forms in which electronically stored
information is to be produced, subject to objection. If the subpoena does not
so specify, the person responding to the subpoena must produce the
information in a form or forms in which the person ordinarily maintains it, or in
a form or forms that are reasonably usable. A person producing electronically
stored information need only produce the same information in one form.

 
(3) A person responding to a subpoena need not provide discovery of
electronically stored information from sources that the person identifies as not
reasonably accessible because of undue burden or cost. In a hearing or
submission under subrule (H), the person responding to the subpoena must
show that the information sought is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless order
discovery from such sources if the requesting party shows good cause,
considering the limitations of MCR 2.302(C). The court may specify conditions
for such discovery.

 

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