Michigan Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

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Multi-State
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US-01057BG
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Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Time for Filing and Serving Response Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice. See MCR 2.108(A)(1).

A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon.

A ?motion to dismiss? is typically filed in response to a complaint and is made in lieu of filing an ?answer.? Technically, a plaintiff can move to ?strike? a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

Included under MCR 2.116(C)(7) are motions based on the ground that the claim is barred because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or litigate in a different forum, infancy or other disability of the moving party, or ...

(6) Motion for Immediate Consideration. A party may file a motion for immediate consideration to expedite decision on another motion. The motion must state facts showing why immediate consideration is required.

Rule 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.

The defendant must file all of the following: 5 copies of an Application for Leave to Appeal, which must contain: ... 5 copies of the judgment or order being appealed. 5 copies of the register of action in the trial court (the docket) 5 copies of the opinion or findings of the lower court. the transcript of the proceedings.

MCR 2.116(C)(8) permits summary disposition when ?the opposing party has failed to state a claim on which relief can be granted.? MCR 2.116(C)(8) tests the legal sufficiency of the plaintiff's claim and results in a determination whether the plaintiff's allegations are sufficient to establish a prima facie case.

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Michigan Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff