Tag: Administrative Order 2020-3

Governor Whitmer Signs Executive Order 2020-58; Suspends Certain Timing Requirements for the Commencement of Civil and Probate Actions and Proceedings

On April 22, 2020, with Executive Order 2020-58, Governor Whitmer suspended deadlines applicable to the commencement of all civil and probate actions and proceedings from March 10, 2020 until the end of the declared states of disaster and emergency. The EO is consistent with the Supreme Court’s Administrative Order 2020-3 and closes any gaps that might exist between the Court’s power to modify court rules and its inability to modify existing statutory notice requirements and other prerequisites related to deadlines for such filings. While the Governor cannot perform legislative functions, the Emergency Management Act provides that executive orders have the force and effect of law. The Court’s Administrative Order and the Governor’s Executive Order work together to effectuate a suspension of these specific deadlines during the COVID-19 crisis.

An interesting difference between EO 2020-58 and AO 2020-3 exists in the effective dates. While the Administrative Order suspends deadlines until the declared state of emergency ends, EO 2020-58 suspends deadlines until both the declared states of emergency and disaster end. The following timeline provides helpful background:

  • March 10, 2020: Governor Whitmer first declared only a state of emergency in EO 2020-4;
  • March 23, 2020: The Michigan Supreme Court addressed the suspension of certain deadlines applicable to civil and probate actions and proceedings in Administrative Order 2020-3 during the declared state of emergency, when no declared state of disaster existed; and
  • April 1, 2020: Governor Whitmer rescinded EO 2020-4, declared a state of disaster and expanded on the already declared state of emergency in EO 2020-33.

Presumably, such declared states will end simultaneously; however, it will be interesting to see if Executive Order 2020-58 provides for tolling of these deadlines that extend past the Court’s extension of deadlines. More details about Supreme Court Administrative Order 2020-3 can be found at: https://www.fraserlawfirm.com/blog/2020/03/michigan-supreme-court-extends-civil-and-probate-filing-deadlines-due-to-covid-19/.

If you have a question about filing deadlines or about the filing of a civil or probate action or proceeding, contact your attorney for guidance. Fraser Trebilcock’s attorneys are working steadily through this crisis to address all your questions and legal needs.

We have created a response team to the rapidly changing COVID-19 situation and the law and guidance that follows, so we will continue to post any new developments. You can view our COVID-19 Response Page and additional resources by following the link here. In the meantime, if you have any questions, please contact your Fraser Trebilcock attorney.

Teahan, Marlaine

Chair of Fraser Trebilcock’s Trusts and Estates Department and serving as Secretary/Treasurer of the firm, attorney Marlaine C. Teahan is a Fellow of the American College of Trust and Estate Counsel, and is the past Chair of the Probate and Estate Planning Section of the State Bar of Michigan. For help with your estate planning needs, contact Marlaine  at 517-377-0869 or mteahan@fraserlawfirm.com.

Michigan Supreme Court Extends Civil and Probate Filing Deadlines Due to COVID-19

On Monday, March 23, 2020, the Michigan Supreme Court issued Administrative Order 2020-3, which extended “all deadlines pertaining to case initiation and the filing of initial responsive pleadings in civil and probate matters during the state of emergency declared by the Governor related to COVID-19.”

For all deadlines that are applicable to the commencement of a civil or probate case, “including but not limited to the deadline for the initial filing of a pleading under MCR 2.110 or a motion raising a defense or an objection to an initial pleading under MCR 2.116, and any statutory prerequisites to the filing of such a pleading or motion, any day that falls during the state of emergency declared by the Governor related to COVID-19 is not included for purposes of MCR 1.108(1).” Since this Order focuses on extending deadlines for “initial” filings, scheduling orders for the vast majority of cases will not be altered.

In sum, this Administrative Order extends all deadlines pertaining to case initiation and the filing of initial responsive pleadings in civil and probate matters during the state of emergency declared by Governor Gretchen Whitmer on March 10, 2020 related to COVID-19. Again, this Order will likely only have an impact on newer cases where initial pleadings still need to be filed. Cases with a scheduling order in place will likely proceed according to the deadlines already imposed.

This Order does not preclude a court from ordering an expedited response to a complaint or motion in order to hear and resolve an emergency matter that requires immediate attention. This Order also does not prohibit or restrict litigants from initiating a proceeding whenever the litigant so chooses.

In addition, this Order requires that courts have a system in place to allow filings without face-to-face contact to ensure that routine matters can continue via electronic or other means without any unnecessary delay.

As always, the attorneys at Fraser Trebilcock remain ready and able to serve. Please contact your legal counsel if you have questions regarding the status of your case or if you would like further information describing how deadlines may be effected by this Order.

We have created a response team to the rapidly changing COVID-19 situation and the law and guidance that follows, so we will continue to post any new developments. You can view our COVID-19 Response Page and additional resources by following the link here. In the meantime, if you have any questions, please contact your Fraser Trebilcock attorney.