COVID-19 and Executive Orders are Still Impacting the Court System

In Wenkel v Farm Bureau General Insurance Company, the Court addresses and clarifies the influence of AO 2020-3 and its effect on MCL 500.3145(2). The Court of Appeals found that the Supreme Court’s administrative order did not impact the filing deadlines for all pleadings and papers filed in the trial court. Only those “initial filing of a pleading under MCR 2.110,” “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.” If the Court had wanted to encompass deadlines set by court order to be impacted by the administrative orders, it would have said as much. This case reminds us that while the pandemic may be thought of as a thing of the past, its impact on the legal system continues and is far from over.

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