Michigan Motion to Dismiss or Transfer - Civil Trial
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How to fill out Motion To Dismiss Or Transfer - Civil Trial?
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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citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.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.
(i) A party that files a complaint, counterclaim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
(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.
The Michigan Rules of Court are the rules adopted by the Michigan Supreme Court to govern Michigan's legal system and the judges, lawyers, and other professionals who are charged with preserving the integrity of that system.