Grand Rapids Civil Discovery and Trial Attorney

Civil discovery and trial in Michigan

I am Mitchell Bisson, a Grand Rapids civil litigation lawyer. I have litigated for over 15 years. Once a Michigan civil case is at issue, most of the work is discovery, motions and preparing for a trial that may never happen. This page covers the stages after the answer: disclosures, interrogatories, depositions, document requests, requests for admission, sanctions, summary disposition, offers of judgment, case evaluation, mediation, the jury demand, trial, post-trial motions and costs. I act for either side, plaintiff or defendant. The short answers below come from my Michigan legal library.

Missed dates cause real trouble in civil cases. A request for admission left unanswered for 28 days is deemed admitted. A witness left out of the disclosures may not be usable later. A jury demand filed late is waived.

Nothing here predicts how a case will turn out, and I do not promise outcomes. A scheduling order or a stipulation can change the default dates, so I read the order in your case first.

Michigan civil discovery and trial rules, deadlines and limits

These are the default rules in the Michigan Court Rules. The dates in your case depend on the court’s orders.

How discovery works

Disclosure comes first in circuit court. Where initial disclosures are required, a party may seek discovery only after serving its own (MCR 2.301(A)(1)). They cover the factual basis and legal theories of each claim or defense, the people likely to have discoverable information, documents and things the party may use, a computation of each category of damages, insurance agreements, and the anticipated subject areas of expert testimony (MCR 2.302(A)(1)). A party is not excused because it has not finished investigating or because the other side has not disclosed (MCR 2.302(A)(6)).

District court is different. In district court, no discovery is permitted before judgment except by leave of court or on the stipulation of all parties, and a discovery motion may not be filed unless the discovery sought was first requested and refused. In the small claims division there is no discovery (MCR 2.301(A)(2)-(3)).

Scope. Parties may obtain discovery of any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case, weighing the burden or expense against the likely benefit, the complexity of the case, the importance of the issues, the amount in controversy and the parties’ resources and access to information (MCR 2.302(B)(1)). Materials prepared in anticipation of litigation can be obtained only on a showing of substantial need and inability to get the substantial equivalent without undue hardship, and the court protects a lawyer’s mental impressions and legal theories (MCR 2.302(B)(3)(a)).

Protection and limits. On good cause the court may enter a protective order to protect a person from annoyance, embarrassment, oppression or undue burden or expense (MCR 2.302(C)). A party need not provide electronically stored information (ESI) from sources it identifies as not reasonably accessible because of undue burden or cost, although the court may still order it on a showing of good cause (MCR 2.302(B)(6)). If privileged material is produced by mistake, the producing party may give notice, and the others must return, sequester or destroy it and not use it until the claim is resolved (MCR 2.302(B)(7)).

Supplementing and conferring. A party that made a disclosure or answered an interrogatory, document request or request for admission must supplement or correct it in a timely manner if it learns it is materially incomplete or incorrect (MCR 2.302(E)(1)). A motion to compel answers must state that the movant conferred or tried in good faith to confer first (MCR 2.309(C); MCR 2.310(C)(3); MCR 2.312(C)).

Sanctions and lost evidence

The consequences of missed discovery duties run from paying for a motion up to losing the case.

Expenses on a motion to compel. If the motion is granted, or the discovery is provided after it is filed, the court may require the party whose conduct caused the motion, or the lawyer advising it, to pay the movant’s reasonable expenses, including attorney fees, unless the movant filed before trying in good faith to get the discovery, the opposition was substantially justified, or an award would be unjust (MCR 2.313(A)(5)(a)). An evasive or incomplete disclosure or answer is treated as a failure to respond (MCR 2.313(A)(4)).

Failing to obey an order. The court may order that designated facts be taken as established, refuse to let the disobedient party support or oppose designated claims or defenses, strike pleadings, dismiss the action or enter a default judgment, and may order payment of expenses (MCR 2.313(B)(2)).

Failing to disclose or supplement. A party that does not provide information or identify a witness as the disclosure or supplementation rules require may not use that information or witness on a motion, at a hearing or at trial unless the failure was substantially justified or harmless, and the court may also order expenses, inform the jury and impose other sanctions (MCR 2.313(C)(1)). If a party denies a request for admission and the requesting party later proves the matter, the court must, on motion, order payment of the cost of proving it unless an exception applies (MCR 2.313(C)(2)).

Lost electronic evidence. If ESI that should have been preserved is lost because a party failed to take reasonable steps and it cannot be restored or replaced, the court may, on a finding of prejudice, order measures no greater than necessary to cure it. Only on a finding of intent to deprive may it presume the information was unfavorable, instruct the jury to do so, or dismiss the action or enter a default judgment (MCR 2.313(D)). A party has the same duty to preserve ESI as other information (MCR 2.302(B)(5)).

Harsh sanctions need a record. In Dean v. Tucker, 182 Mich. App. 27, 32-33 (1990), the Court of Appeals held that the trial court abused its discretion by barring a party’s opinion witness as a sanction for a late witness list. It said the record should show careful consideration of the circumstances and of all the options, including whether the violation was wilful or accidental, the party’s history of refusing to comply, the prejudice to the other side and the other side’s actual notice. Dean predates the current text of MCR 2.313, so I read it alongside the rule.

Physical evidence. In Pugno v. Blue Harvest Farms LLC, 326 Mich. App. 1, 24-25 (2018), the Court of Appeals upheld an instruction letting the jury infer that pallets the defendant had disposed of would have been adverse to it, relying on the duty of a litigant to preserve evidence it knows or reasonably should know is relevant, even before suit is filed. When a dispute is coming, I tell clients to keep the emails, texts, photos, devices and the item itself.

Summary disposition

Summary disposition under MCR 2.116 is where many Michigan civil cases are narrowed or ended. A motion must specify its ground (MCR 2.116(C)). Three do most of the work. Ground (C)(7) covers defenses such as release, payment, prior judgment, immunity, the statute of limitations, the statute of frauds and an agreement to arbitrate or litigate elsewhere. Ground (C)(8) is failure to state a claim. Ground (C)(10) is that, except as to the amount of damages, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

In Maiden v. Rozwood, 461 Mich. 109 (1999), the Michigan Supreme Court explained that a (C)(8) motion tests the legal sufficiency of the complaint on the pleadings alone, with well-pleaded facts accepted as true, while a (C)(10) motion tests the factual support for the claim on the affidavits, depositions and other evidence, viewed in the light most favorable to the party opposing the motion.

What the opposing party has to do. On a (C)(10) motion the opposing party may not rest on the allegations or denials of its pleading and must set forth specific facts showing a genuine issue for trial, and the evidence must be admissible in content (MCR 2.116(G)(4), (G)(6)). A party that cannot obtain affidavits because the facts are known only to others may file an affidavit naming them and explaining why, and the court may deny the motion or allow time for more discovery (MCR 2.116(H)).

Timing. Motions under (C)(8), (9) and (10) may be raised at any time unless a scheduling order sets a deadline for dispositive motions, and the court may still hear a late one. Grounds (C)(1), (2) and (3) are waived if not raised in the first motion or the responsive pleading, and (C)(5), (6) and (7) belong in the responsive pleading (MCR 2.116(D)). A motion by a party asserting a claim cannot be heard until 28 days after the opposing party was served with the pleading stating the claim (MCR 2.116(B)(2)).

After the ruling. On a (C)(8), (9) or (10) motion the court must give the parties a chance to amend their pleadings unless the evidence shows amendment would not be justified. If the motion is denied, or does not dispose of the whole action, the case proceeds to final judgment (MCR 2.116(I)(5), (J)(1)).

Offers of judgment, case evaluation and mediation

Offers of judgment. Until 28 days before trial, a party may serve a written offer to stipulate to a judgment in a sum certain, which is deemed to include costs and interest then accrued. The other side has 21 days to accept, or may serve a written counteroffer within 21 days. If the offer is rejected and the adjusted verdict (the verdict plus interest and costs through the date of the offer) is more favorable to the offeror than the average of the offer and counteroffer, the offeree pays the offeror’s actual costs, which include a reasonable attorney fee. The rule also runs the other way, though an offeree who made no counteroffer may not recover actual costs unless the offer was made less than 42 days before trial. The court may refuse a fee in the interest of justice, for example for a token offer or an issue of first impression or public interest. A request for costs is due within 28 days after entry of judgment, and the rule does not apply to class actions (MCR 2.405(A)-(E)). I run the numbers before I recommend serving or answering an offer.

Case evaluation. A court may submit to case evaluation a civil action in which the relief sought is primarily money damages or division of property, unless the parties stipulate to a different ADR process. A party that objects must move to remove the case within 14 days after notice of the order (MCR 2.403(A)(1), (C)(1)). A three-person panel hears the case on summaries of up to 20 pages and presentations of 15 minutes per side (MCR 2.403(D)(1), (I)(3), (J)(3)). Each party must accept or reject the evaluation in writing within 28 days after service, and a failure to respond counts as a rejection (MCR 2.403(L)(1)). If all parties accept, judgment is entered according to the evaluation unless the award is paid within 28 days after notice of the acceptances, in which case the action is dismissed with prejudice (MCR 2.403(M)(1)). If an evaluation is rejected in whole or in part, the action proceeds to trial in the normal fashion (MCR 2.403(N)(1)). I find no cost-shifting provision tied to rejection in the rule text, so I check the court’s order and local rules.

Mediation. Mediation is a process in which a neutral third party facilitates communication, helps identify issues and explores solutions. The mediator has no authoritative decision-making power, so the case settles only if the parties agree (MCR 2.411(A)(2)). The parties may stipulate to a mediator, the costs are divided pro rata unless the parties agree or the court orders otherwise, and if the case settles the lawyers must submit the documents to conclude it within 21 days (MCR 2.411(B)(1), (C)(4), (D)(2)).

Scheduling, the jury and trial

The scheduling order. At an early scheduling conference, or later, the court sets times for events such as amendment of pleadings, adding parties, filing motions, completing discovery, exchanging witness lists, and a settlement conference or trial, taking into account the nature and complexity of the case (MCR 2.401(B)(2)). If the order was entered without meaningful advance consultation, a party may file a written request to amend it within 14 days (MCR 2.401(B)(2)(d)(i)). A stipulation cannot change scheduling order deadlines without court approval (MCR 2.302(F)(3)), and an adjournment requires good cause (MCR 2.503(B)(1)). At a final pretrial conference the court may order a joint final pretrial order covering motions in limine, stipulated facts, witness and exhibit lists and an itemized statement of damages (MCR 2.401(H)(2)).

Jury or judge. A jury demand is a separate written document, filed with the jury fee within 28 days after the answer or a timely reply, and a party who does not file it or pay the fee waives a jury (MCR 2.508(B)(1), (D)(1)). Issues for which no jury was demanded are tried by the court, although the court in its discretion may order a jury (MCR 2.509(B)). Without a stipulation, a verdict in a civil case tried by 6 jurors is received when 5 agree (MCR 2.514(A)). The court may require a special verdict, a written finding on each fact issue (MCR 2.515(A)).

Motions during trial. A party may move for a directed verdict at the close of the evidence offered by an opponent, stating specific grounds. If the motion is denied, the moving party may still offer evidence (MCR 2.516). In a trial without a jury, after the plaintiff’s evidence the defendant may move for dismissal on the ground that on the facts and the law the plaintiff has no right to relief (MCR 2.504(B)(2)), and the court must find the facts specially and state its conclusions of law (MCR 2.517(A)(1)).

After the verdict

Post-trial motions. Within 21 days after entry of judgment, a party may move to set aside the verdict and have judgment entered in the party’s favor, and may join a motion for a new trial (MCR 2.610(A)(1)). A new trial may be granted when substantial rights are materially affected by, among other reasons, irregularity in the proceedings, misconduct of the jury or the prevailing party, a verdict clearly or grossly inadequate or excessive, a verdict against the great weight of the evidence, newly discovered material evidence, or an error of law (MCR 2.611(A)(1)). The motion is due within 21 days after entry of judgment, and facts not on the record need an affidavit (MCR 2.611(B), (D)(1)). If the only error is an inadequate or excessive verdict, the court may deny a new trial on condition that the other side consent within 14 days to a judgment in the lowest or highest amount the evidence will support (MCR 2.611(E)(1)).

Costs. Costs go to the prevailing party unless a statute or rule prohibits it or the court directs otherwise for reasons stated in writing, and in a single cause of action the party who prevails on the entire record is the prevailing party. A frivolous claim or defense draws costs as MCL 600.2591 provides (MCR 2.625(A)-(B)). When the clerk taxes costs, the party must present a bill of costs within 28 days after the judgment is signed or after an order denying a post-trial motion, and failing to do so waives costs (MCR 2.625(F)(2)).

How I handle a civil discovery and trial case

1. Read the orders. I start with the scheduling order and any stipulation, then build a calendar.
2. Fix the theory and the proof. I list what each claim or defense requires and what proves each part.
3. Preserve and collect. I tell you what to keep, then collect the emails, texts, records and devices that matter.
4. Serve and answer discovery. I draft disclosures, interrogatories, document requests and requests for admission with the limits in mind, and I answer the other side’s requests before the dates run.
5. Take and defend depositions. I prepare you and the witnesses and plan the seven hours.
6. Decide on motions. I look at summary disposition for either side and at motions to compel or for a protective order, and I confer first as the rules require.
7. Test settlement. I run offers of judgment, case evaluation and mediation against a realistic estimate of the result and the cost.
8. Try the case when it should be tried. I prepare witnesses, exhibits and the pretrial order, and I tell you plainly where the case is strong and where it is not.

Ways a civil case may end without a trial

None of these is automatic.

Settlement. A settlement can come at any stage, often after discovery or mediation. The paper should say what is released, what is paid and when, and how the case will be dismissed.

Accepted offers and evaluations. An accepted offer of judgment leads to a judgment on the stipulated terms (MCR 2.405(C)(1)). An accepted case evaluation leads to judgment or to dismissal with prejudice on payment (MCR 2.403(M)(1)).

Summary disposition. A ruling can end part or all of a case before trial.

Dismissal. A plaintiff may dismiss without a court order, on payment of costs, by notice filed before the other side serves an answer or an MCR 2.116 motion, or by a stipulation signed by all parties. The dismissal is without prejudice unless the paper says otherwise, with an exception for a plaintiff who has dismissed the same claim before (MCR 2.504(A)(1)).

What I need from you

Bring the complaint or the papers you were served, any scheduling order, and every request for discovery you have received, with the date each arrived. Bring contracts, emails, texts, photographs, invoices, payment records, and the names and contact information of every witness. Do not delete, edit or throw away anything that might relate to the dispute, including phone data and social media. Do not answer written discovery, sign a stipulation or talk to the other side’s lawyer about the case before you have shown it to me, because the response dates run from service.

Where your Kent County civil case will be heard

I represent clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. Under MCL 600.8301(1), the district court has exclusive jurisdiction in civil actions when the amount in controversy does not exceed $25,000. Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County outside those five cities. MCL 600.8130(4). Circuit courts have original jurisdiction over civil claims that are not assigned exclusively to another court by the constitution or statute, and for Kent County the circuit court is the 17th Judicial Circuit. MCL 600.605; MCL 600.518. Initial disclosures are required in circuit court cases but not district court cases, where discovery is limited unless the court or all parties allow more (MCR 2.301(A)(2); MCR 2.302(A)(4)(b)).

Why people hire me for a Michigan civil discovery and trial matter

You work directly with me, the lawyer handling your case. I give you the strengths and weaknesses of the case straight, including what it could cost you and what it could recover. I build the case the facts support, and then we decide together how to proceed.

Fees depend on the type of case, its complexity and whether it is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.

Related Michigan pages

• Grand Rapids Civil Litigation Attorney
• Grand Rapids Lawyer for Defending a Lawsuit
• Service of process and default judgments
• Arbitration and mediation
• Insurance claim disputes
• Civil appeals

Reviewed by Mitchell S. Bisson, October 28, 2026.

I handle civil discovery, motions and trials in Michigan for either side. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.

Big-Firm Power. Street-Level Grit.

Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.

MBisson@BissonLegal.com

This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.