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In re Brown5/5/1998
res in probate court are "governed by the rules applicable to other civil proceedings, except as modified by the rules in this chapter." (Emphasis added). Because MCR 5.101 is controlling over MCR 2.101 in the probate court, we reject Townsend's argument that discovery is precluded in probate court unless a civil action has been commenced according to MCR 2.101(A).
Townsend also makes a number of policy-based objections to the practice of issuing deposition subpoenas and engaging in other types of discovery in probate proceedings when a contested civil action has not been commenced. However, the history of the probate rules reveals that discovery has always been permitted in probate court proceedings, including the period of time when MCR 5.101 provided that the only form of action in probate court was a "proceeding." Because we conclude that the court rules authorized the issuance of the subpoena at issue, Townsend must seek relief from the Supreme Court in the form of further amendment to the court rules to vindicate the policy concerns she has raised.
Accordingly, we reverse the decision of the probate court imposing sanctions against Lipton under MCR 2.114.
Reversed.
Robert P. Young, Jr.
Mark J. Cavanagh
Helene N. White
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