The Michigan Court of Appeals incorrectly held that a trial court had to consider the factors in Dean v Tucker when assessing a party’s motion to amend its witness list, the Michigan Supreme Court has ruled in a unanimous decision.

In this divorce action, the COA affirmed the discovery sanctions that were imposed but remanded the case for the trial court to address various marital asset issues.

A trial judge should not have stricken a plaintiff’s expert witnesses as a sanction for violating discovery orders, the COA has ruled, finding that the sanction was too harsh.