March 22, 1996



96-16



Proposed Amendments of MCR 2.224 and 

MCR 2.403 and Proposed New MCR 2.210
_____________________________________


          On order of the Court, this is to advise that the Court
is considering adoption of new Rule 2.210 and amendments of Rules
2.224 and 2.403 of the Michigan Court Rules.  Before determining
whether the proposals should be adopted, changed before adoption,
or rejected, this notice is given to afford any interested person
the opportunity to comment on the form or the merits of the
proposals.  We welcome the views of all who wish to address the
proposal or who wish to suggest alternatives. 

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of these
proposals does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposals in
their present form.


Rule 2.210  Fault of Nonparties  [NEW]

(A)  Applicability.  This rule applies to actions for personal
     injury, property damage, or wrongful death to which MCL
     600.2957; MSA 27A.2957 and MCL 600.6304; MSA 27A.6304, as
     amended by 1995 PA 249, apply.

(B)  Assessment of Relative Fault.  As provided by
     MCL 600.6304(1); MSA 27A.6304(1), the trier of fact shall 
     assess the relative fault of each person alleged to have
     been at fault, regardless of whether the person is, or could
     have been, named as a party to the action.  However, the
     trier of fact shall not assess the fault of a nonparty
     unless notice has been given as provided in subrule (C).

(C)  Notice.  

     (1)  A party against whom a claim is asserted may give
          notice of a claim that a nonparty is wholly or
          partially at fault.  

     (2)  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.  



                         [ALTERNATIVE A]

     (3)  The notice may be included in the party's responsive
          pleading or in a separate statement filed and served
          within 21 days after the filing of the 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 more than 21 days before the motion was filed,
          unless the late filing of the notice would result in
          unfair prejudice to the opposing party.



                         [ALTERNATIVE B]

     (3)  The notice must be filed within 182 days after the
          party files its responsive pleading.


(D)  Amendment Adding Party.  Notwithstanding MCL 600.2957(2);
     MSA 27A.2957(2), a party served with a notice under
     subrule (C) may file an amended pleading stating a claim or
     claims against the nonparty within 21 days of service of the
     notice.  The court may permit later amendment as provided in
     MCR 2.118.

ICLE Editor's Note:

Rule 2.224     Change of Venue in Tort Actions

(A)  Applicability.  [This rule applies] Subrules (B)
     and (C) apply to tort actions filed [on or after]
     between October 1, 1986, and March 28, 1996. 
     Subrule (B)(2) applies to personal injury, property
     damage, and wrongful death actions filed on or after March
     28, 1996.  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) - (9)  [Unchanged.]

     (10)   In an action filed after April 1, 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 proposed amendments of MCR 2.224 and 2.403,
and proposed new MCR 2.210 relate to statutory changes affecting
certain tort actions made by 1995 PA 161 and 1995 PA 249.

Proposed MCR 2.210 would govern 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 proposed amendment of MCR 2.224 would conform the change of
venue rules to MCL 600.1629(2); MSA 27A.1629(2), as amended by
1995 PA 161 and 1995 PA 249.

The proposed 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 proposed language had been included
in the report of the committee the Supreme Court appointed to
review various aspects of the mediation rule.


The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.  

          _____________________________________________

          Publication of this proposal does not mean
          that the Court will issue an order on the
          subject, nor does it imply probable adoption
          in its present form.  Timely comments will be
          substantively considered and your assistance
          is appreciated by the Court.                 
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they
can make the notifications specified in MCR 1.201.  Comments on
these proposals may be sent to the Supreme Court clerk within 30
days after they are published in the Michigan Bar Journal.  When
filing a comment, please refer to our file No. 96-16.