Macomb County Business Court Discovery Protocols Implemented

To enhance efficiency and minimize discovery disputes, the Macomb County Business Court has established discovery protocols in four classes of business disputes: (1) breach of business contracts, (2) non-competes, (3) shareholder oppression, and (4) employment.  

These protocols require early production of documents (within 30 days of a responsive pleading or motion, unless the court rules otherwise) without a need for formal discovery, not unlike the required disclosures under Rule 26 of the Federal Rules of Civil Procedure.  For example, the required disclosures include discovery such as contracts, documents or agreements between the parties in the dispute, all supporting documentation, all communications concerning factual allegations or claims, responses to any claims, lawsuits, charges and complaints, documents regarding the formation and termination of any contractual or business relationship, and any other documents used to support the claims put forth by the respective parties, among other things.  

Credit to the Honorable Judge John C. Foster, as these innovative protocols may significantly reduce often wasteful and time-consuming discovery motions.

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