MANDATORY SETTLEMENT OR PRETRIAL CONFERENCE IN MICHGIAN FAMILY COURT

Pretrial Conferences

A. In General

§1.27   At any time, a court may direct the parties’ attorneys to appear for a conference. The court should use the provisions of MCR 2.401 to facilitate the progress of the case and its fair and expeditious disposition. More than one conference may be held in an action. MCR 2.401 sets out guidelines for three approaches: (1) an early scheduling conference, (2) a scheduling order, and (3) a pretrial conference.
While the court rules discuss these tools in separate sections, each cross-references the other so that any of the issues discussed below can be handled by any of the options.

Under MCR 2.401(C), matters to be considered at a pretrial conference include

• the simplification of the issues,
• the time necessary for discovery,
• whether amendments to the pleadings are necessary or desirable,
• the possibility of obtaining admissions of fact and of documents to avoid unnecessary proof,
• a limitation on the number of expert witnesses,
• the consolidation or separation of issues for trial,
• the possibility of settlement,
• whether mediation or some form of ADR would be appropriate,
• the identity of witnesses,
• the estimated length of any trial,
• whether all relevant claims have been joined, and
• any other matter that may aid in the disposition of the action.

See forms 1.2 and 1.3 for a pretrial conference order and a pretrial conference statement of counsel.

D. Scheduling Orders

§1.30   Under MCR 2.401(B)(2)(a), a scheduling order may be entered at an early scheduling conference, a pretrial conference, or whenever the court concludes that the order would facilitate the progress of the case. More than one order may be entered in a case.
When scheduling events, the court should consider
MCR 2.401(B)(2)(b).
Effective January 1, 2009, a scheduling order may also include provisions regarding

• the discovery of electronically stored information,
• agreements for asserting claims of privilege or protection as trial-preparation material after production,
• preserving discoverable information, and
• the form in which electronically stored information shall be produced.
• the nature and complexity of the case;
• the issues involved;
• the number and locations of the parties;
• the number and location of the witnesses, including experts;
• the extent of expected and necessary discovery; and
• the availability of reasonably certain trial dates.

SOURCE

Michigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01

 (last updated 04/22/2011