Michigan Agreed Order Granting Additional Time to Plead and Respond to Interrogatories and Requests for Production

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Agreed Order Granting Additional Time to Plead and Respond to Interrogatories and Requests for Production

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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 ...

(4) The party on whom the interrogatories are served must serve the answers and objections, if any, on all other parties within 28 days after the interrogatories are served, except that a defendant may serve answers within 42 days after being served with the summons and complaint.

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 ...

Without leave of court, written interrogatories may be served on the plaintiff once the action has commenced. MCR 2.309(A)(1)(a). The defendant may be served with interrogatories ?with or after the service of the summons and complaint on that defendant.? MCR 2.309(A)(1)(b).

(10) Except as to the amount of damages, there is no genuine issue as to any material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.

MCR 2.116(C)(10) Standard of Review In presenting a motion for summary disposition, the moving party has the initial burden of supporting its position by affidavits, depositions, admissions, or other documentary evidence.

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.

A responsive pleading is a motion requesting the Tribunal to take action in response to the filing of a petition such as dismissing the appeal, striking the petition, granting judgment in favor of the opposing party (i.e., summary disposition), etc.

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Michigan Agreed Order Granting Additional Time to Plead and Respond to Interrogatories and Requests for Production