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In re Brown5/5/1998
n because the court rules, as specifically modified by the rules applicable to the probate court, expressly permit the use of discovery once a proceeding has been commenced under MCR 5.101(B). We believe that Mrs. Brown's construction of the relevant court rules is sound.
Generally, we review for clear error a trial court's factual finding that a pleading or other paper was signed in violation of MCR 2.114. Contel Systems Corp v Gores, 183 Mich App 706, 711; 455 NW2d 398 (1990). Here, however, the probate court's decision to impose sanctions was based on its interpretation of the relevant court rules, creating a question of law that we review de novo on appeal. Blue Cross & Blue Shield of Michigan v Eaton Rapids Community Hosp, 221 Mich App 301, 314; 561 NW2d 488 (1997).
The construction of a court rule is subject to the same basic principles that govern statutory interpretation. St George Greek Orthodox Church of Southgate v Laupmanis Associates, PC, 204 Mich App 278, 282; 514 NW2d 516 (1994); Mahrle v Danke, 216 Mich App 343, 348; 549 NW2d 56 (1996). If the plain and ordinary language of a court rule is clear, judicial construction is neither necessary nor permitted. Michigan Millers Ins Co v Bronson Plating Co, 197 Mich App 482, 490; 496 NW2d 373 (1992), aff'd 445 Mich 558 (1994).
MCR 2.302(A)(1) states that, " fter commencement of an action, parties may obtain discovery by any means provided in subchapter 2.300 of these rules." (Emphasis added). Subchapter 2.300 authorizes the issuance of a subpoena for the taking of testimony by deposition. MCR 2.305. Important to this case is MCR 2.101, which provides that " here is only one form of action known as a `civil action,'" MCR 2.101(A), and which further provides that a "civil action" is "commenced by filing a complaint with a court." MCR 2.101(B). It is Townsend's position that, because a probate proceeding, and not a civil action, had been commenced, the estate, through Lipton, was not authorized to issue a deposition subpoena.
Townsend's argument is dependent upon the apparent conflict between MCR 2.101 and MCR 5.101. MCR 5.101(A) provides that, in probate court, there are two forms of "action," a "proceeding" and a "civil action," while subsection (B) provides that a proceeding is commenced by the filing of a petition in the probate court. Thus, in contrast with Chapter 2's general rules pertaining to civil proceedings, the specialized court rules pertaining to the probate court recognize a petition-initiated proceeding as a proper form of action. The apparent conflict between MCR 2.101 and MCR 5.201 is resolved by the basic rule of statutory construction requiring that, when two statutory provisions conflict and one is specific while the other is only generally applicable, the specific provision prevails. Nat'l Center for Mfg Sciences, Inc v Ann Arbor, 221 Mich App 541, 549; 563 NW2d 65 (1997); cf. MCR 1.103 ("Rules stated to be applicable only in a specific court or only to a specific type of proceeding apply only to that court or to that type of proceeding and control over general rules.") Additionally, MCR 2.001 states: "The rules in this chapter govern procedure in all civil proceedings in all courts . . . except where . . . a rule applicable to a specific court or a specific type of proceeding provides a different procedure."
Clearly, in the context of probate court matters, MCR 5.101(A) and (B) are more specific and specialized rules than their general counterparts in Chapter 2. Thus, an "action" sufficient to authorize the use of a deposition subpoena in probate court includes a properly commenced proceeding. Our Conclusion is further buttressed by the admonition of MCR 5.001(A) that procedu
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