Michigan Revises Discovery Rules

Depositions, currently unlimited in duration, will be limited to one day of seven hours. Can you imagine having to sit though an unproductive 8-hour deposition, only to have the opposing party come back and ask for another 8-hour day? This is a welcome change!

Learn more here about the changes the Michigan Supreme Court adopted to the Rules of Civil Procedure.

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If you would like to learn more about civil law in Ann Arbor, contact Jeremy Kennedy at PSED today! Schedule an initial consultation. 734-665-4441

Why is the Pre-Suit Preparation Important?

The Michigan Supreme Court recently adopted changes to the Rules of Civil Procedure that will completely overhaul the discovery process in Michigan to bring it closer to the procedures in federal court. If you’re not familiar with the Federal Rules of Civil Procedure the changes could be overwhelming, but for many litigants the changes will be welcome. 

The new rules will emphasize initial disclosures and document production. Instead of waiting until asked, parties will be required to disclose the factual basis of their claim or defense, the legal theories on which they rely or their case, possible witnesses or people with discoverable information, their computation of damages, and the location or types of documents in their possession that are relevant to the case. All of this information must be produced by a party without being asked. Practitioners in federal court will be familiar with this process, as it is similar to the Rule 26 disclosures required in federal cases. 

Learn more here about the changes the Michigan Supreme Court adopted to the Rules of Civil Procedure.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about civil law in Ann Arbor, contact Jeremy Kennedy at PSED today! Schedule an initial consultation. 734-665-4441

What exactly is Considered Remarriage?

If a remarriage is a change in circumstances for either modifying or terminating spousal support, what exactly is considered remarriage? That may seem like a straightforward question, but it was a question that went to the Michigan Court of Appeals in the case of Lueck v Lueck, a published case decided in May 2019.

In Lueck, the husband and wife agreed in their divorce judgment that spousal support would continue for a set amount of time or “until wife remarries.” After the divorce, the wife met someone special and had a religious commitment ceremony at her church where they exchanged traditional vows and rings. However, there were no witnesses and they didn’t apply for a marriage license.

Find out what happened in this case here.

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If you would like to learn more about divorce in Ann Arbor, contact Wendy Alton at PSED today! Schedule an initial consultation. 734-665-4441

Does Remarriage Terminate Spousal Support?

One of the most frequent questions our divorce clients ask is: “Does spousal support automatically end if the person receiving support remarries?” 

The law states that unless you agree to other terms in your divorce judgment, a remarriage is considered a change in circumstances. The court may terminate spousal support if the person receiving support remarries. MCL 552.13. It’s not an automatic termination, but remarriage is a change in circumstances that authorizes the court to end spousal support if the court chooses to do so.

Learn more here!

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If you would like to learn more about divorce in Ann Arbor, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult Wendy Alton for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

New Law Removes Criminal Records If Your Case is Dismissed Before Trial

Prior to June 12, 2018, however, a dismissal of charges still left a lingering stain on a person’s publicly-available record in the State of Michigan. In Michigan, if you are arrested or charged with a felony or certain misdemeanors your fingerprints and biometric information are entered into a system known as the Internet criminal history access tool (ICHAT). ICHAT aggregates criminal records and is used by employers and others to conduct background checks. 

Recently the Michigan Legislature passed a new law that allows the removal of your record if your charges are dismissed before trial. Learn more here!

Get Started Today: Schedule Your Consultation!

If you need help navigating the criminal process, contact Steven Tramontin, a criminal defense attorney in Ann Arbor! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

Dismissal of Charges, But Removing Your Criminal Record Could Be Harder. Until Now.

Effective June 12^th 2018, a new law in Michigan provides that an arrest record, biometric data and fingerprints may be removed from ICHAT if the charge is dismissed before trial. Rarely do state legislatures enact criminal-defense-friendly laws but, here, the Michigan legislature took a step toward a fair system; a step away from a system that has handcuffed people charged with a crime even after the charge was justifiably dismissed.

Learn more!

Get Started Today: Schedule Your Consultation!

If you need help navigating the criminal process, contact Steven Tramontin, a criminal defense attorney in Ann Arbor! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

How to Score a Touchdown with a Financial Power of Attorney

Remember to keep your Financial Power of Attorney updated. Just signing a POA only gets you to the “red zone.” Many financial firms will not accept a POA if it is too old. It is keeping a POA updated that gets you out of the red zone and into the end zone. To score a touchdown with a POA, it must be kept updated. We recommend that yours be updated every 5 years.

Learn more here!

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If you would like to learn more about trusts and estate planning services at PSED Law, contact an estate planning attorney in Ann Arbor today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.