Michigan Instructions for Filing a Motion

State:
Michigan
Control #:
MI-OAK-91
Format:
PDF
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Description

Instructions for Filing a Motion

Michigan Instructions for Filing a Motion is a set of guidelines that must be followed when filing a motion in the state of Michigan. The instructions provide information on the proper format of the motion, the number of copies to be filed, and the different documents that must accompany the motion. The instructions cover motions for relief from judgment, motions to correct errors, motions for continuance, motions to set aside a judgment, motions for reconsideration, and motions for costs. The motions must be written in a clear and concise manner, and all documents related to the motion must be included. The motion must be filed in the county in which the case is pending, and the filing fee must be paid. The two main types of Michigan Instructions for Filing a Motion are the Michigan Court Rules and the Michigan Rules of Professional Conduct. The Michigan Court Rules contain the requirements for motions, such as the number of copies to be filed and the documents that must accompany the motion. The Michigan Rules of Professional Conduct provide guidance on ethical considerations when filing motions.

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FAQ

In Michigan, Rule 2.306(F) states that if the stenographer certifies the witness was under oath and that the transcript is a ?true record of the testimony? from the deposition, the transcript does not need to be submitted to the witness to examine and sign. Mich. Comp. Laws Ann.

To avoid delaying trial and inconveniencing the witnesses, all motions for disqualification must be filed within 14 days of the discovery of the grounds for disqualification. If the discovery is made within 14 days of the trial date, the motion must be made forthwith.

The notice must state (a) the time and place for taking the deposition, and (b) the name and address of each person to be examined, if known, or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.

Michigan's new scope allows discovery into any ?matters that are relevant to any party's claims or defenses.? This is slightly narrower than its previous scope that allowed discovery of matters ?relevant to the subject matter involved in the pending actions.?

General Motion Information: A motion is a formal request, made in writing, asking the court for a specific action. The written motion must be filed with the Oakland County Clerk's Office for Circuit Court matters. Motions are heard on Wednesday mornings by the judge assigned to the case.

Rule 2.309 - Interrogatories to Parties (A) Availability; Procedure for Service; Limits. (1) A party may serve on another party written interrogatories to be answered by the party served or, if the party served is a public or private corporation, partnership, association, or governmental agency, by an officer or agent.

(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.

How do I file a Motion? You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

More info

Completed forms are to be submitted to the county where you are filing your case. Immediately below the heading are three lines requiring more information.First, write the full name of the person filing a motion (the petitioner). Copy the Docket Number from the Foreclosure Complaint. 2. Complete the Notice of Motion. Learn how to file a "motion" (a written request for some type of relief) to get your case – or part of your case - in front of the judge for a decision. A "declaration" is a statement of facts signed under penalty of perjury. Complete the court name (from the drop down menu), case name (Plaintiff's name v. Defendant's name), and case number. 2. Complete address and telephone number on the following lines.

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Michigan Instructions for Filing a Motion