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FAQ: Small Claims
Case Evaluation

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.

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