Michigan Outline for Pretrial Memorandum

State:
Multi-State
Control #:
US-03363BG
Format:
Word; 
Rich Text
Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

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FAQ

Rule 2.401 - Pretrial Procedures; Conferences; Scheduling Orders (A) Time; Discretion of Court. At any time after the commencement of the action, on its own initiative or the request of a party, the court may direct that the attorneys for the parties, alone or with the parties, appear for a conference.

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.

If the defendant is not ordered held in custody pursuant to subrule (B), the court must order the pretrial release of the defendant on personal recognizance, or on an unsecured appearance bond, subject to the conditions that the defendant will appear as required, will not leave the state without permission of the court ...

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 pretrial hearing provides an opportunity for an early resolution of the case by plea or dismissal, without a trial or to narrow the issues for trial. Secondly, a pretrial might used to establish time frames for discovery, witness and exhibit lists, and for motions and other hearing dates.

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.

Rule 2.116 - Summary Disposition (A) Judgment on Stipulated Facts. (1) The parties to a civil action may submit an agreed-upon stipulation of facts to the court. (2) If the parties have stipulated to facts sufficient to enable the court to render judgment in the action, the court shall do so.

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Michigan Outline for Pretrial Memorandum