Michigan Motion for Trial Continuance - Personal Injury

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Multi-State
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US-PI-0060
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This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.

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How to fill out Motion For Trial Continuance - Personal Injury?

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FAQ

(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.

Unless a hearing is held after the defendant has been given notice and an opportunity to appear, an order of eviction may not (a) be issued later than 56 days after judgment is entered, (b) be executed later than 56 days after it is issued.

Under Michigan law and in most courts throughout the country, a losing party is given the opportunity to file a Motion for Reconsideration. In Michigan, however, it must be filed within 21 days of the order or ruling.

MOTION FOR REHEARING The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error. MCR 7.311(F), referencing MCR 2.119(F)(3).

Under MCR 2.116(C)(7), 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 to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim ...

Rule 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.

MCR 4.201(D) is very precise on the question of service. A copy of the summons and complaint must be served on the tenant by mail. Unless the court does the mailing and keeps a record, the landlord must attach a postal receipt to the proof of service.

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Michigan Motion for Trial Continuance - Personal Injury