Michigan General Order of Dismissal

State:
Michigan
Control #:
MI-PC-1032
Format:
PDF
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Description

General Order of Dismissal

The Michigan General Order of Dismissal is a type of court order issued by a Michigan court that is used to dismiss a case without prejudice. This means that the case can be brought back to court at a later date if new evidence or other factors warrant it. The Michigan General Order of Dismissal is typically used when the plaintiff and defendant agree to settle the dispute without going to court. This type of order is often used in civil cases, such as divorce or foreclosure. The Michigan General Order of Dismissal is divided into three types: voluntary dismissal, dismissal with prejudice, and dismissal without prejudice. A voluntary dismissal is when the plaintiff voluntarily dismisses the case without any court involvement. A dismissal with prejudice is when the case is dismissed and cannot be brought back to court. A dismissal without prejudice is when the case is dismissed but can be brought back to court at a later date.

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FAQ

Dismissal Order means an Order of the Court dismissing the Pending Action in ance with the provisions of Article 6 below, which order has become final and no longer subject to appeal or reconsideration.

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.

1. How do I file an Answer? You appear and answer by filing a written answer with the same court where the complaint was filed and serving the plaintiff with that answer. There is no filing fee for filing an answer.

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 written response should be filed at least three days before the hearing. You must also have it served at least three days before the hearing if it is served on your spouse in person, or at least five days before the hearing if served by mail.

Filing takes place in the circuit court for the county where the incident occurred or in the circuit court for the county where the defendant lives. To start a civil action, a summons and complaint must be filed, filing fees must be paid, and all of the parties must be served with notice of the complaint.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

N. 1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties. 2) a judge's ruling that a lawsuit or criminal charge is terminated.

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Michigan General Order of Dismissal