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Case Evaluation:
The 36th
District Court has established a Case Evaluation program with
services provided by the Detroit Metropolitan Bar Association (DMBA).
All General Civil cases with a claim amount of $5,000 - $25,000 are
automatically referred to the Detroit Metro Bar Association for case
evaluation, IF the defendant on the case files an answer within
21 days of personal service or 28 days of service by mail.
The
Court sends the plaintiff and the defendant who filed an answer
notice that the case has been referred to the Detroit Metropolitan
Bar Association for case evaluation. Hearing dates for case
evaluation are set no less than 40 days from the date the Court
forwards the case to the DMBA for hearing.
Case
Evaluation provides all parties involved the opportunity to have
their cases reviewed by licensed, practicing attorneys. The
attorneys evaluate the case and decide, based upon the issues
involved and the likelihood of either party being successful at
trial, the amount at which the case should be settled. Each party
has the opportunity to accept or reject the case evaluation. In
many instances, the case evaluation process does result in
settlement of the case prior to trial before a 36th
District Court Judge.
A
party who rejects case evaluation may, in addition to other
damages, be required to pay the opposing party’s actual attorney
fees if the case proceeds to trial. Even a plaintiff who rejects
case evaluation and obtains a verdict at trial may have the verdict
reduced by the amount of the defendant’s actual attorney fees.
The
Judges of the 36th District Court may also refer for case
evaluation, any general civil case they deem appropriate, regardless
of claim amount to the DMBA for settlement, at their discretion.
There
is an additional fee of $75.00 for each of the parties of the case
to participate in case evaluation. Penalties are assessed if the
parties do not show for a scheduled hearing or if the fee of $75.00
is not paid at the time of the hearing.
The
Case Evaluation process is governed by Michigan Court Rule 2.403. |