By The Honorable M.
Randall Jurrens, 70th District Court (Saginaw County)
Michigan’s business court
statute, MCL 600.8031 et seq.,
requires every circuit court with at least three judges to operate a business
court, MCL 600.8033(1). Business court is a special docket comprised
of circuit court civil cases in which “all or part of the action includes a business
or commercial dispute,” 600.8035(1) and
(3). By Supreme Court appointment, I have served as
Saginaw County’s Business Court judge since it was established in 2013.
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Conducting case management conferences with counsel promptly following defendants’ first responsive pleading. These are held in chambers and, importantly, face-to-face, where I try to establish a productive tone and direction for the case.
- Utilizing facilitative mediation. This is often done early-on, with little or no discovery, to preempt parties’/attorneys’ alienation often engendered by the discovery process, and to minimize client costs.
- Conducting periodic status conferences with counsel (if mediation proves unsuccessful) to keep me informed of case progress and afford an opportunity for judicial intervention. These are commonly conducted by telephone conference call to save attorneys’ time and client costs.
- Enouraging e-mail service among attorneys, MCR 2.107(C)(4).
In operating our county’s business
court, I strive to comply with the Supreme Court’s guidelines (AO 2013-12) for
timely disposition of circuit court civil cases (i.e., 70 percent adjudicated
within 364 days from filing date, and 95 percent within 728 days). In 2018, the average age upon final disposition
of Saginaw County’s business court cases was 298 days.
Major or complex motions are
scheduled for late morning to allow counsel sufficient time to present their
arguments, and allow the opportunity to spill over into the noon hour if
necessary (with my staff’s permission). Alternatively, if I am adequately briefed and if
confirmed counsel has nothing new to add, I have sometimes dispensed with oral
arguments, MCR 2.119(E)(3), or have
stated my inclination on the record and invited limited oral arguments to
demonstrate any error in analysis.
To increase efficiency and
accommodate ever-busy attorneys, I have also occasionally made myself available
to counsel on an as-needed basis, typically by telephone conference call, to
informally work through then-pressing issues, such as discovery disputes and
adjournments, without the necessity of costly and time-consuming formal motion
practice.
I am very particular when it comes to
requests for temporary restraining orders, which seemingly are filed only on
Friday afternoons. I have found that
strictly applying the procedural requirements of MCR 3.310(B) and observing the
substantive requirements of the common law for such extraordinary relief keep
me from embarrassment. However, I try to
expedite the preliminary injunction hearing date, usually within a couple of
days of filing, if service can be accomplished, which attempts to balance a
party’s claimed emergency with the adverse party’s opportunity for hearing.
As required by statute, MCL
600.8039(2), my written opinions are made available on an indexed website
for all to see.
I am always looking to
improve our case management practices and periodically forward an anonymous
survey to counsel for their feedback following expiration of the appeal period after
completion of a case. Comments to date
have invariably been constructive, and many are complimentary.
I also facilitate an
annual business court bench and bar meeting to update local practitioners on
changes in the operation of business court; provide a forum for continuing
education on business and commercial law; offer practice pointers; and receive
attorneys’ thoughts on how to improve our operation.
While my business court
volume may pale in comparison to larger courts, Saginaw County is a
surprisingly proper venue for cases involving major players from not only
around the state and country, but from around the world (e.g., Japan, South
Korea, China), who are represented by invariably excellent attorneys from
throughout Michigan and beyond, arguing cases valued at up to $1.2 billion,
which is the largest case I’ve handled, to date.
Although challenging in
many respects, my assignment as business court judge is greatly rewarding. I believe Saginaw County’s Business Court is
fulfilling its legislative mandate to improve judicial efficiency; allow
business/commercial disputes to be resolved with the expertise, technology, and
efficiency required by the information age; and enhance the accuracy,
consistency, and predictability of decisions in business/commercial cases.