Can a township employer withhold...
No. Michigan employers may not withhold a paycheck even if an employee (or former employee) has retained the employer’s property. The payc...
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The answer depends on whether the township is involved in litigation that is the basis of the subpoena. If the township is a party to the litigation (i.e., a plaintiff or a defendant), the township must bear the costs in assembling the documents responsive to the subpoena and the requesting party will bear the copying costs, unless otherwise ordered by the court. MCR 2.310(C)(6). In reality, however, most townships do not even charge copying costs to the requesting party. The reason for this is that the township that is a party to litigation will also request documents from the opposing party and will not want to be charged for receipt of those documents. Thus, parties involved in litigation do not generally follow the strict language in the court rules and charge the other party for copying costs, or even more significantly, expert fees incurred during discovery. If the township is not a party to the litigation, the court may order the party seeking discovery to pay reasonable expenses incurred in complying with the request. MCR 2.310(D)(5). This would require that a township make such a request to the court, however, because as a general rule the township will bear such costs. In certain circumstances involving a broad request or locating documents in an archive, it may be reasonable and prudent to ask that the costs to paid by the requesting party.
No. Michigan employers may not withhold a paycheck even if an employee (or former employee) has retained the employer’s property. The payc...
Read MoreTownships of all sizes rely on workers to carry out basic governmental functions and keep the township running smoothly. Although larger tow...
Read MoreA Township can only enter into such a sales contract if the property is no longer being used for a public purpose. Michigan courts have defi...
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