Mich. Ct. R. 5.131

As amended through April 3, 2024
Rule 5.131 - Discovery Generally
(A) Civil Actions. Discovery for civil actions in probate court is governed by subchapter 2.300.
(B) Proceedings.
(1) Discovery in General. With the exception of mandatory initial disclosures under MCR 2.302(A), the discovery rules in subchapter 2.300 apply in probate proceedings, and, except as otherwise ordered by the court, any interested person in a probate proceeding is considered a party for the purpose of applying discovery rules.
(2) Mandatory Initial Disclosure.
(a) Demand or Objection. Mandatory disclosures under MCR 2.302(A) are required in probate proceedings if, by the time of the first hearing on the petition initiating the proceeding:
(i) an interested person other than the petitioner files a demand for mandatory initial disclosure and properly serves the demand on all interested persons or
(ii) an interested person objects to or otherwise contests the petition, in writing or orally, properly serves any written objection or response on all interested persons, and the judge determines mandatory initial disclosure is appropriate. When mandatory initial disclosures are required through demand or objection, and except as otherwise ordered by the court, such disclosures must be made by the petitioner and any demandant or objecting interested person.
(b) Court Order. At any time, on its own motion or on a motion filed by an interested person, the court may require:
(i) mandatory disclosures and designate those interested persons who must make disclosures or
(ii) in a proceeding with some parties already making disclosures, an additional interested person or persons to make disclosures.
(c) Time for Initial Disclosures.
(i) The petitioner must serve initial disclosures within 14 days after the first hearing on the petition subject to a demand or objection.
(ii) The demandant or objecting interested person must serve initial disclosures within the later of 14 days after the petitioner's disclosures are due or 28 days after the demand or objection is filed.
(iii) When mandatory disclosures are ordered pursuant to MCR 5.131(B)(2)(b)(ii), an interested person's disclosures are due within 21 days after the court's order.
(3) Scope of Discovery in Probate Proceedings. Discovery in a probate proceeding is limited to matters raised in any petitions or objections pending before the court.

Mich. Ct. R. 5.131

Amended June 19, 2019, effective 1/1/2020.