Michigan Supreme Court Addresses Amended Witness Lists
In a unanimous 26-page opinion filed by the Michigan Supreme Court in Smith v. Beaumont Health, the Michigan Supreme Court addressed the standard for filing an Amended Witness List. In this case, the Trial Court denied Plaintiff’s motion to file an amended witness list after Plaintiff’s medical expert became unavailable. The Trial Court reasoned that it would be prejudicial to the Defendant to allow a late amended witness list. The Trial Court relied upon the factors described in Dean v. Tucker.
The Michigan Supreme Court stated that a motion to amend witness list must be considered pursuant to MCR 2.401(I)(2). According to the Michigan Supreme Court, this Court Rule “properly focuses the trial court’s attention on the adequacy of the party’s explanation of ‘good cause’ along with a ‘showing’ that the party’s conduct supports this explanation, such as diligent efforts to mitigate prejudice to the other parties.”
The factors to be considered relate to a “party’s diligence, such considerations include the timeliness of a party’s motion to amend its witness list after discovering the unavailability of a witness; the absence of repeated previous delays; whether the discovery period has concluded; the affect on mediation; and whether the party was made aware of a need to obtain another witness.”
Because the Trial Court failed to consider the plain terms of the applicable Court Rule, the Michigan Supreme Court held that the Trial Court’s decision denying the motion to amend witness list and granting Defendant’s Motion for Summary Disposition was erroneous.
Read entire case at:
Smith v Beaumont Health
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