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Correct Me if I’m Wrong: Discovery Response Amendment Requirements of MCR 2.302(E)

Motor Vehicle Litigation / May 19, 2023

In Robinson v Wolverine Mut Ins Co, the Court of Appeals reiterated that MCR 2.302(E) requires parties who discover an error in a written discovery response to correct the response at any time during litigation if such a response is incorrect or incomplete – even past the discovery cut-off date. In this case, the Court of Appeals ruled that the district court erroneously failed to consider both an amended interrogatory answer and affidavit in granting summary disposition, which were both presented after the discovery cut-off date. The Court found that the close of discovery was not a deadline or limitation for the necessary amendments pursuant to MCR 2.302(E). Therefore, the district court erred in not considering both documents in its dispositive motion ruling, as they were found by the Court to demonstrate a factual dispute regarding whether Plaintiff had coverage at the time of the accident.

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