Eaton County Circuit Court; Docket No. 79-859-NI; Unpublished
Judge Richard Robinson; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Evidentiary Issues
CASE SUMMARY:
In this written Opinion, Judge Robinson held that there is no common law or statutory privilege which attaches to an injured person's no-fault PIP file, thus immunizing that file from discovery in a third party tort case. However, Judge Robinson held that in order for a third party defendant to obtain a copy of the file, the defendant must file a motion for production under GCR 310 and-make a showing of good cause. It is improper to merely issue a subpoena pursuant to GCR 305.1 where production of a copy of the file is desired.