Mich. Admin. Code R. 418.93

Current through Vol. 24-21, December 1, 2024

Section R. 418.93 - Joint final pre-trial conference

Rule 13.

(1) Records or other exhibits of any kind that any party intends to offer as evidence in the proceeding shall be exchanged between the parties no later than 14 days before the JFPTC. After the parties have gathered and exchanged the existing medical and other evidence, upon stipulation of the parties or at the discretion of the magistrate, there must be a JFPTC with the magistrate regarding admissibility of evidence or any other preliminary matters.

(2) The parties may prepare and file a joint final pre-trial statement that lists issues for adjudication, stipulations, and any potential witnesses and exhibits, other than materials subject to attorney-client privilege, that the parties intend to submit into evidence at the time of trial. This will not constitute a waiver of any issue, witness testimony, or exhibit not specifically raised or listed should a statement be submitted.

(3) Any objections to the proposed witnesses and exhibits shall be made by the parties and ruled upon by the magistrate. Upon finding that a proposed exhibit under this rule is not authentic or was created specifically for purposes of the litigation, the magistrate may exclude the proposed exhibit. Any decision on any objections is subject to R 418.90(5) and (6).

(4) All admissible exhibits must be listed in a JFPTO, except as provided in subrules (2) or (7) of this rule or R 418.94(6), and admitted at the time of trial.

(5) After the completion of the JFPTC, the magistrate shall place the case on the trial docket and assign a trial date. The magistrate may schedule a subsequent JFPTC if necessary.

(6) The parties are bound by the stipulations listed on the JFPTO unless modified or withdrawn for good cause shown. If a stipulation is modified or withdrawn, the party proposing the stipulation may offer additional evidence, including testimony necessitated by the withdrawal or modification.

(7) The parties must be entitled to necessary rebuttal evidence and witnesses including materials subject to attorney client privilege, not listed on the JFPTO at the time of trial. The parties may offer rebuttal evidence and witnesses at the time of trial, not listed on the JFPTO, including materials not previously disclosed due to attorney-client privilege.

(8) While a case is pending on the trial docket, the parties may attempt to cure or remedy any objections raised by the opposing party at the JFPTC. The magistrate may make subsequent rulings as to admissibility once the parties have had the opportunity to cure or remedy any objections raised.

(9) At the discretion of the magistrate, a case may be returned to the case development docket after being placed on the trial docket if the circumstances require, to allow further development.

Mich. Admin. Code R. 418.93

2021 MR 21, Eff. 11/12/2021