Opinion
Nos. 127334, 127335.
July 22, 2005.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
SC: 127334, 127335.
Pursuant to MCR 7.302(G)(1), the clerk is to schedule oral argument on whether to grant the application or cross-application or take other peremptory action permitted by MCR 7.302(G)(1). The parties shall include among the issues to be addressed at oral argument: (1) whether among the remedies against a party who fails to file an affidavit of meritorious defense, as required by MCL 600.2912e, is a default, and under what circumstances, if any, is such a remedy mandatory; and (2) the effect, if any, that reliance on the defense of governmental immunity has on the obligation to file an affidavit of meritorious defense under MCL 600.2912e. The parties may file supplemental briefs within 28 days of the date of this order, but they should avoid submitting mere restatements of arguments made in application papers. Reported below: 263 Mich App 572.