Rule 2.301.Availability and Timing of Discovery

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.301 says when discovery may begin in a Michigan case -- generally after a party serves its initial disclosures, or after the case starts if disclosures aren't required -- limits discovery in district court to the court's leave or the parties' agreement, bars it entirely in small claims and civil infraction cases, and ties the discovery cutoff to the case's scheduling order.

Full Text of Rule 2.301

Text sizeJump to: (A) (B) (C)

(A) Availability of Discovery.

(1) In a case where initial disclosures are required, a party may seek discovery only after the party serves its initial disclosures under MCR 2.302(A). Otherwise, a party may seek discovery after commencement of the action when authorized by these rules, by stipulation, or by court order.

(2) In actions in the district court, no discovery is permitted before entry of judgment except by leave of the court or on the stipulation of all parties. A motion for discovery may not be filed unless the discovery sought has previously been requested and refused.

(3) Notwithstanding the provisions of this or any other rule, discovery is not permitted in actions in the small claims division of the district court or in civil infraction actions.

(4) After a post judgment motion is filed in a domestic relations action as defined by subchapter 3.200 of these rules, parties may obtain discovery by any means provided in subchapter 2.300 of these rules.

(B) Completion of Discovery.

(1) In circuit and probate court, the time for completion of discovery shall be set by an order entered under MCR 2.401(B).

(2) In an action in which discovery is available only on leave of the court or by stipulation, the order or stipulation shall set a time for completion of discovery. A time set by stipulation may not delay the scheduling of the action for trial.

(3) After the time for completion of discovery, a deposition of a witness taken solely for the purpose of preservation of testimony may be taken at any time before commencement of trial without leave of court.

(4) Unless ordered otherwise, a date for the completion of discovery means the serving party shall initiate the discovery by a time that provides for a response or appearance, per these rules, before the completion date. As may be reasonable under the circumstances, or by leave of court, motions with regard to discovery may be brought after the date for completion of discovery.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Where initial disclosures are required, a party can't seek discovery until it has served its own disclosures; where they aren't, discovery is available after the case begins whenever these rules, a stipulation, or a court order allow it. District court cases work differently: no discovery before judgment except by the court's leave or the parties' stipulation, and a party can't even move for discovery until it has already asked for and been refused the specific information sought. Discovery is barred outright in the small claims division and in civil infraction actions, while parties in a domestic relations case can seek discovery by any available method once a post-judgment motion is filed.

The deadline for finishing discovery in circuit and probate court comes from the case's scheduling order; where discovery is available only by leave or stipulation, that order or agreement has to set its own completion date, one that can't be used to delay the trial schedule. A deposition taken solely to preserve testimony can still happen after the cutoff without needing the court's permission, and reasonable discovery motions can still come later too. Absent a different rule, the completion date functions as the point by which discovery has to be served with enough lead time for a response before it passes, not just the last possible day to send something out. The court otherwise controls the scope, order, and amount of discovery in the case.

Frequently Asked Questions

When can discovery start in a Michigan case?

Generally once a party serves its required initial disclosures, or once the case begins if disclosures aren't required for that kind of action.

Is there discovery in small claims court?

No. Discovery is barred entirely in the small claims division and in civil infraction cases.

How is the discovery cutoff date set?

In circuit and probate court, it's set by the scheduling order; where discovery is only available by the court's leave or the parties' agreement, that order or stipulation must set its own completion date.

Does the completion date have to be the day discovery finishes, or the day I have to start it?

The completion date generally works as the deadline for serving a discovery request in time to get a response before that date passes, not just the last possible day to send something out.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.301). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: discovery deadline Michigandiscovery cutoff Michigandistrict court discovery Michigan