By Administrative Order 2020-03 the Michigan Supreme Court has ordered that all filing deadlines for all case initiation and for filing of responsive pleadings in proceedings already initiated are suspended during the period of emergency enunciated in Governor Whitmer’s Executive Order 2020-21 (COVID-19) (March 24 at 12:01 a.m. through April 13, 2020 at 11:59 p.m.).
The “days” during this period which would otherwise constitute the regular business day that a case filing is due under the court rules are being treated like a weekend day or holiday as under MCR 1.108(1), which allows the extension of filing deadlines to the next business day during which the court is open after the weekend or holiday day. The duration of the emergency is essentially being treated like a single consecutive non-business day or holiday for purposes of calculating the time period filing requirements under the Court Rules and particularly the aforementioned MCR 1.108(1).
The Court’s order only applies to case initiation and responsive pleadings to such cases; not to the filing of a brief, for example, that is already due for a case that has already been initiated.
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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