Michigan Motion for Second Summons and Order is a legal form used to obtain a second summons and order in a Michigan court proceeding. This form allows a party to ask the court for a second summons and order for a defendant who failed to appear or respond to the first summons and order. The Michigan Motion for Second Summons and Order must be filed with the court and include the name, address, and telephone number of the party filing the motion; the name and address of the defendant; the title of the case; a copy of the first summons and order; and the reasons why a second summons and order is necessary. There are two types of Michigan Motion for Second Summons and Order: civil and criminal. The civil motion is used in civil cases such as contract disputes, divorce actions, and other civil proceedings. The criminal motion is used in criminal cases such as DUI, assault, and drug possession cases.
Michigan Motion for Second Summons and Order
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How to fill out Michigan Motion For Second Summons And Order?
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FAQ
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
A Motion for Reconsideration is brought under Michigan Court Rule 2.119(F) and requires the moving party to demonstrate that a palpable error by which the court and the parties have been misled and that a different outcome would occur from the correction of the error.
The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court's overall ruling.
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
As you will notice by #1 above, if you filed a motion for rehearing or motion to reconsider within 21 days of the final written order being entered, then the time in which you must file an Appeal is tolled (delayed) until after a final order denying your motion for rehearing or denying your motion for reconsideration.
(1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed without prejudice as to a defendant who has not been served with process as provided in these rules, unless the defendant has submitted to the court's jurisdiction.
Unlike a motion for reconsideration, a renewed motion does not ask the court to modify, amend, or revoke the prior order, but instead it is a pure renewal of the first motion.