General Rules of Discovery or Evidence
Michigan Court Rules (MCR) in a Family Court Case
Rule 2.302: General Rules of Discovery:
Parties may obtain discovery regarding average matters, not privileged, which is relevant to the subject matter involved in the pending action.
Rule 2.301b: In an action in which discovery is only available on leave of the court or by stipulation, the order or stipulation shall set a time for completion of discovery. A time set by stipulation may not delay the scheduling of the action for trial.
Rule 2.314: Discovery of Medical Information Concerning Part
A. Scope of Rule
- The information is otherwise discoverable under MCR 2.302(b).
Medical information about the condition under these rules to the extent that:
a.) When a mental or physical condition of a party (including children) is in controversy.
b.) The party does not assert that the information is subject to a valid privilege.
- Medical information subject to discovery includes, but is not limited to, medical records in the possession or control of a physician, hospital, or other custodian, and medical knowledge discoverable by deposition or interrogatories.
- For purposes of this rule, medical information about a mental or physical condition of a party is within control of the party even if the information is not in the party’s immediate physical possession.
Any violation of these rules or the scope of these rules is a violation of state court rules and a violation of a party’s due process rights under these rules.