Case Evaluation Summary
(MI)

Summary

This template illustrates the general format and structure of a case evaluation summary for use in a civil action in a Michigan circuit court. This template includes practical guidance and drafting notes. This template also contains a proof of service of the summary on opposing counsel. Case evaluation is a court-sponsored ADR procedure by which the parties submit a summary of their case, including relevant documents, to an independent panel prior to trial and receive an evaluation and assessment of the likely outcome of the trial. The court generally has the power to submit to case evaluation any civil action in which the relief sought is primarily money damages or division of property. MCR 2.403(A)(1). Case evaluation of medical malpractice actions and certain other tort actions filed in the circuit court is mandatory. See MCL §§ 600.4903(1), 600.4951(1). The pretrial case evaluation process is intended to save the court's and the parties' time and resources and facilitate settlement, by providing the parties with a reasonable assessment of the likely outcome of a full trial and, in tort actions, an incentive to settle before trial and avoid the possible imposition of case evaluation sanctions if a party rejects the evaluation and fails to obtain a more favorable result at trial. See Van Elslander v. Thomas Sebold & Assocs., Inc., 297 Mich. App. 204, 212–13, 823 N.W.2d 843 (2012); MCL §§ 600.4921, 600.4969. At least seven days before a case evaluation hearing in a case that is subject to the case evaluation procedure, each party must: • Serve a copy of a case evaluation summary and supporting documents on the other parties in accordance with MCR 2.107 -and- • File a proof of service and three copies (five copies in a medical malpractice case) of the case evaluation summary and supporting documents with the ADR clerk of the court where the action is pending See MCR 2.403(I)(1); MCL §§ 600.4911(1), 600.4959(1). For full discussion of procedures for serving and filing papers, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). The case evaluation summary should consist of a concise summary setting forth that party's factual and legal position on issues presented by the action. Except as permitted by the court, the summary may not exceed 20 pages double spaced, exclusive of attachments. Quotations and footnotes may be single spaced. At least one-inch margins must be used, and printing may not be smaller than 12-point font. MCR 2.403(I)(3). For additional discussion of case evaluation procedures, see Case Evaluation (MI).