Monday, November 20, 2017

LR 16.5: Case Evaluation

(a) Case Evaluation Under Mich. Ct. R. 2.403. The court may refer a case to case evaluation under Michigan Court Rule 2.403, as amended from time to time, with or without the parties' consent, and subject to the provisions of this rule. The court may not enforce the sanctions provisions of that rule unless the parties consent to be bound by those provisions before the referral is made. 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.

November 1, 2017