ICLE Homepage | Other New and Amended
MCRs
November 6, 1996
96-16
Amendments of MCR 2.112, 2.222, 2.223,
and 2.403, and Repeal of MCR 2.224
_____________________________________
On order of the Court, notice of proposed amendments having
been provided, and consideration having been given to the
comments received in response to that notice, the following
amendments of Rules 2.112, 2.222, 2.223, and 2.403 of the
Michigan Court Rules are adopted, and Rule 2.224 is repealed,
effective February 1, 1997.
The rules are amended as follows:
ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been
deleted.
Bold text indicates new text.
Rule 2.112 Pleading Special Matters
(A) - (J) [Unchanged.]
(K) Fault of Non-parties; Notice
(1) Applicability. This rule applies to actions for
personal injury, property damage, and wrongful death to
which MCL 600.2957; MSA 27A.2957 and MCL 600.6304;
MSA 27A.6304, as amended by 1995 PA 249, apply.
(2) Notice Requirement. Notwithstanding MCL 600.6304;
MSA 27A.6304, the trier of fact shall not assess the
fault of a nonparty unless notice has been given as
provided in this subrule.
(3) Notice.
(a) A party against whom a claim is asserted may give
notice of a claim that a nonparty is wholly or
partially at fault. A notice filed by one party
identifying a particular nonparty serves as notice
by all parties as to that nonparty.
(b) The notice shall designate the nonparty and set
forth the nonparty's name and last known address,
or the best identification of the nonparty that is
possible, together with a brief statement of the
basis for believing the nonparty is at fault.
(c) The notice must be filed within 91 days after the
party files its first responsive pleading. On
motion, the court shall allow a later filing of
the notice on a showing that the facts on which
the notice is based were not and could not with
reasonable diligence have been known to the moving
party earlier, provided that the late filing of
the notice does not result in unfair prejudice to
the opposing party.
(4) Amendment Adding Party. A party served with a notice
under this subrule may file an amended pleading stating
a claim or claims against the nonparty within 91 days
of service of the first notice identifying that
nonparty. The court may permit later amendment as
provided in MCR 2.118.
Rule 2.222 Change of Venue; Venue Proper
(A) - (D) [Unchanged.]
(E) In tort actions filed between October 1, 1986,
and March 28, 1996, if venue is changed because of
hardship or inconvenience, the action may be
transferred only to the county in which the moving
party resides.
Rule 2.223 Change of Venue; Venue Improper
(A) Motion; Court's Own Initiative. If the venue of a civil
action is improper, the court
(1) shall order a change of venue on timely motion of a
defendant, or
(2) may order a change of venue on its own initiative with
notice to the parties and opportunity for them to be
heard on the venue question.
If venue is changed because the action was brought where
venue was not proper, the action may be transferred only to
a county in which venue would have been proper.
(B) Costs; Fees.
(1) - (3) [Unchanged.]
(4) MCL 600.1653; MSA 27A.1653 applies to tort
actions filed on or after October 1,
1986.
[Rule 2.224 Change of Venue in Tort Actions
(A) Applicability. This rule applies to tort actions filed
on or after October 1, 1986. MCR 2.221-2.223 and
2.225-2.226 apply to such actions except where they are
inconsistent with this rule.
(B) County to Which Venue May Be Changed.
(1) If venue is changed because of hardship or
inconvenience, the action may be transferred only
to the county in which the moving party resides.
(2) If venue is changed because the action was brought
where venue was not proper, the action may be
transferred only to a county in which venue would
have been proper.
(C) Costs. Costs are recoverable under this rule as
provided in MCL 600.1629(2); MSA 27A.1629(2), and
MCL 600.1653; MSA 27A.1653.]
Rule 2.403 Mediation
(A) - (N) [Unchanged.]
(O) Rejecting Party's Liability for Costs.
(1) - (3) [Unchanged.]
(4) In cases involving multiple parties, the following
rules apply:
(a) - (b) [Unchanged.]
(c) Except as provided by subrule (O)(10), in a
personal injury action, for the purpose of subrule
(O)(1), the verdict against a particular defendant
shall not be adjusted by applying that defendant's
proportion of fault as determined under
MCL 600.6304(1)-(2); MSA 27A.6304(1)-(2).
(5) - (9) [Unchanged.]
(10) In an action filed on or after March 28,
1996, for the purpose of subrule (O)(1), a
verdict awarding damages for personal injury,
property damage, or wrongful death shall be
adjusted for relative fault as provided by
MCL 600.6304; MSA 27A.6304.
STAFF COMMENT: The November 6 amendments of MCR 2.112, 2.222,
2.223, and 2.403, and the repeal of MCR 2.224, effective
February 1, 1997, relate to statutory changes actions made by
1995 PA 161 and 1995 PA 249.
New MCR 2.112(K) governs the procedure for identifying nonparties
whose conduct is claimed to be a cause of the injury, and for
adding them as parties. See MCL 600.2957; MSA 27A.2957 and
MCL 600.6304; MSA 27A.6304.
The repeal of MCR 2.224 and the inclusion of several of its
former provisions in MCR 2.222 and 2.223 conform the venue rules
to MCL 600.1629(2); MSA 27A.1629(2), as amended by 1995 PA 161
and 1995 PA 249.
The amendment of MCR 2.403 would add a new subrule (O)(10) to the
mediation rule. It would require the adjusting of verdicts for
relative fault as required by MCL 600.6304; MSA 27A.6304.
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.