Wednesday, September 20, 2017

LR 16.5: Case Evaluation

(a) Case Evaluation Under Mich. Ct. R. 2.403. Michigan Court Rule 2.403, as amended from time to time, applies to civil cases that the court selects for case evaluation, subject to the provisions of this rule, but only if the parties consent to be bound by that rule, including the sanctions provisions. The court may approve other procedures different from those in Mich. Ct. R. 2.403.

(b) Excepted Cases. Cases in which the United States is a party are not subject to case evaluation.

(c) Case Evaluation Panel; Stipulation of the Parties. The Wayne County Mediation Tribunal Association or another Michigan state trial court case evaluation system will evaluate cases, unless the court orders otherwise. For cases evaluated by the Wayne County Mediation Tribunal Association, the tribunal clerk is the case evaluation clerk. With the court's approval, the parties may stipulate to different procedures that apply.

(d) Actual Costs and Attorney's Fees. Actual costs, including attorney fees, may be awarded under this rule. However, if a statute or Federal Rule of Civil Procedure also authorizes the payment of attorney's fees, duplicate costs and attorney's fees may not be awarded.

COMMENT:For example, if attorney's fees are awarded pursuant to Fed. R. Civ. P. 68 - Offers of Judgment, or 42 U.S.C. 1988 - Civil Rights Cases, the same fees may not be awarded pursuant to this Local Rule.

February 01, 2015