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Michigan Sample Letter regarding Order Granting Motion for Leave to File a Separate Amended Complaint

State:
Multi-State
Control #:
US-0109LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Re: Case No. [Case Number] [Plaintiff's Name] V. [Defendant's Name] Subject: Order Granting Motion for Leave to File a Separate Amended Complaint Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing on behalf of my client, [Plaintiff's Name], to bring to your attention the recent developments in our ongoing legal proceedings and to request the granting of our motion for leave to file a separate amended complaint. As the presiding judge in the aforementioned case, you are already familiar with the details and complexities involved. To provide some brief context, this case revolves around [state the nature of the case, e.g., a contract dispute, personal injury claim, etc.]. Our client firmly believes that the original complaint failed to fully address the extent of the damages incurred and, therefore, seeks your permission to amend the complaint and present additional claims crucial to the resolution of this matter. To support our motion, we have attached the proposed amended complaint, which clarifies and expands upon the previous allegations. The amended complaint includes additional causes of action supported by relevant evidence that was discovered during the discovery process. By allowing us to proceed with this amended complaint, the court will be better equipped to administer true justice by considering the complete scope of our client's damages and claims. In accordance with the applicable Michigan Court Rules, specifically Rule [specify the relevant rule regarding amended complaints in Michigan], we respectfully request your favorable ruling on our motion for leave to file a separate amended complaint. The purpose of this motion is to address the evolving circumstances of the case, through which the entire truth can emerge and justice can be served. If granted, we assure you that we will promptly serve the amended complaint on all relevant parties, ensuring there is no delay in the proceedings. We have also undertaken extensive efforts to minimize any potential prejudice or inconvenience to the opposing party, [Defendant's Name]. We are more than willing to bear any reasonable costs or efforts associated with the filing or service of this amended complaint and will adhere to any additional instructions your honor deems necessary to ensure the smooth continuation of the legal proceedings. Thank you for your time and attention to this matter. We trust in your wisdom and the principles of fairness and equity upon which the court operates. We hope for your favorable ruling on our motion and look forward to proceeding with the amended complaint promptly. If you require any further information or documentation, please do not hesitate to contact me at [Phone Number] or [Email Address]. Your prompt response would be highly appreciated. Yours sincerely, [Your Name] [Your Law Firm's Name, if applicable] [Your Law Firm's Address, if applicable] [City, State, ZIP]

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FAQ

If you have been charged and convicted of a crime such as retail fraud or another offense, there are times when you can file a Motion for Relief From Judgment. If you are successful with your case, it could result in the conviction being overturned and removed from your record.

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 ...

(1) A motion for a new trial may be filed before the filing of a timely claim of appeal. (2) If a claim of appeal has been filed, a motion for a new trial may only be filed in ance with the procedure set forth in MCR 7.208(B) or the remand procedure set forth in MCR 7.211(C)(1).

(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.

(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.

File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.

MOTION FOR REHEARING The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error. MCR 7.311(F), referencing MCR 2.119(F)(3).

More info

(A) Issuance. On the filing of a complaint, the court clerk shall issue a summons to be served as provided in MCR 2.103 and 2.105. A separate summons may issue ... After a claim of appeal is filed or leave to appeal is granted, jurisdiction vests in the circuit court. The trial court or agency may not set aside or amend ...(a) Seeking Concurrence in Motions and Requests. (1) Before filing a motion relating to discovery, the movant must comply with Federal Rule of Civil Procedure ... (2) An order granting a motion under MCR 2.116 must set the time for service and filing of the amended pleading, if one is allowed. (3) The response to a ... Dear Friend,. Welcome to Michigan's Friend of the Court, a part of the circuit court family division supervised by the chief judge. The Friend of the Court. Both #1 and #2 of the form must be filled out for the court to accept the complaint. 2. Complaint A party shall verify on the face of the party's initial ... The court may grant the request without a formal hearing depending on the nature of the change. ... Be sure that the “return of service” affidavit is on file to ... (5) Payment of Expenses; Protective Orders. (A) If the Motion Is Granted (or Disclosure or Discovery Is Provided After Filing). If the motion is granted—or if ... (A) Required Contents. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions. (B) Permitted ... When you click on any of these forms, you first will find instructions on how to fill out and file the form, followed by the form itself.

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Michigan Sample Letter regarding Order Granting Motion for Leave to File a Separate Amended Complaint