Motion To Strike For More Definite Statement In Michigan
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As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
Rule 2.313 - Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions (A) Motion for Order Compelling Disclosure or Discovery. A party, on reasonable notice to other parties and all persons affected, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
A motion for a more definite statement must also “point out the defects complained of and the details desired.” FRCP 12(e); Smart Code. A motion for a more definite statement should not be granted unless the pleading is so vague or ambiguous that the opposing party cannot reasonably prepare a response.
A motion for a more definite statement is a request made by one party to the court asking the other party to clarify their vague or unclear statement in a legal document. This is done when the first party cannot respond properly to the unclear statement.
A motion for reconsideration is governed by MCR 2.119(F). Rule 7.115 Taxation of Costs, Fees. (A) Right to Costs. Except as the circuit court otherwise directs, the prevailing party in a civil case is entitled to costs.
A motion for judgment on the pleadings is filed after the pleadings have closed, but early enough not to delay trial. FRCP 12(c). Pleadings are “closed” once a complaint and answers by all defendants have been filed.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
