Local Rule LBR 9019-22: Standard Case Evaluation
Bankr. W.D. Mich. — General rule
LBR 9019-22: Standard Case Evaluation
(a) Adoption of Michigan State-Court Procedures. The procedures governing Standard Case Evaluation are generally set forth in Rule 2.403 of the Michigan Rules of Court. Unless modified by these Rules, the Program Description, or court order in a particular case, the provisions of Mich. Ct. E. 2.403, as amended from time to time, will govern in cases referred to Standard Case Evaluation, except as follows:
(1) Panel selection. The ADR Administrator will select all three case evaluators from the Court's Panel of Qualified Neutrals.
(2) Fees. Each party must pay each case evaluator $100.00 apiece, for a total case evaluation fee of $300 per party, within 14 days of the notice of the ADR Administrator's notice of selection of the case evaluators. Allocation of Fees - The rules set forth in Mich. Ct. R. 2.403 for allocation of fees among multiple parties or claims apply. Once paid, the fee is not subject to refund.
(b) Submission of Documents. The rules for submission of documents set forth in Mich. Ct. R. 2.403 apply, except that case evaluation summaries are limited to 20 pages. Documents must be submitted directly to the evaluators, with a proof of service filed with the ADR Administrator. Failure to file or serve such documents in a timely manner subjects the offending party to a $150.00 penalty, with $50 payable to each case evaluator, which may not be charged to the client.
(c) Hearing Time Limit. Each side's presentation at the case evaluation hearing is limited to 30 minutes.
(d) Time for Rendering Award. The case evaluators shall render a written evaluation at the close of the hearing and serve copies personally on the parties or their counsel at that time and provide the original to the ADR Administrator's office. See top portion of Exhibit 18.
(e) Time for Acceptance or Rejection of Award. Parties shall have 14 days to accept or reject a case evaluation award. If any party fails to file an acceptance or rejection with the ADR Clerk within 14 days of service of the award, that party shall be deemed to have rejected the award. See bottom portion of Exhibit 18.
(f) Rejecting Party's Liability for Costs.
(1) In cases submitted to Standard Case Evaluation, the provisions of Mich. Ct. R. 2.403 governing liability for costs apply, except that attorneys' fees will not be taxed for rejection of a case evaluation award absent the agreement of all parties.
(2) In cases submitted to Standard Case Evaluation, the parties may stipulate in writing to the assessment of attorneys' fees in accordance with Mich. Ct. R. 2.403.