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Family Law Bench Book

Discovery Policy

 Introduction

    Discovery in domestic relations cases is designed to give parties necessary financial information to fairly divide their property. There are some cases where discovery may have a broader purpose. Discovery is not to be used for purposes of harassment, delay, or gaining an unfair economic advantage. Parties shall as a matter of course complete and exchange the fully completed Verified Personal Financial Statement. In most cases, this will provide sufficient information so additional discovery will not be required. Long pattern interrogatories are seldom necessary.

  1. Principles
  2. The following principles are set forth in the Michigan Court Rules or are established by the Judges of the Family Division:

    1. Discovery in domestic relations cases is governed by MCR subchapter 2.300 [MCR 3.201 (C)].
    2. At pre-trial conference the court shall establish times for the completion of discovery, the exchange of witness lists, scheduling of alternative dispute resolution, settlement conference and trial. MCR 2.301(A), MCR 2.401(B)(C).