This form is a sample personal injury complaint alleging that the negligent or deliberate acts of plaintiff's physical therapist while providing treatment to plaintiff caused plaintiff's injury.
Michigan Second Amended Complaint - Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0296
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Second Amended Complaint - Improper Medical Treatment?
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File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.
(3) The response to a supplemental pleading or to a pleading amended either as of right or by leave of court must be served and filed within the time remaining for response to the original pleading or within 21 days after service of the supplemental or amended pleading, whichever period is longer.
(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.
A ?motion to dismiss? is typically filed in response to a complaint and is made in lieu of filing an ?answer.? Technically, a plaintiff can move to ?strike? a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.
Summary disposition may be granted where ?[t]he court lacks jurisdiction of the subject matter.? MCR 2.116(C)(4). ?Whether subject-matter jurisdiction exists is a question of law for the court.? Dep't of Natural Resources v Holloway Constr Co, 191 Mich App 704, 705 (1991).
For example, if a plaintiff sues a defendant for breach of contract, and the defendant can prove that they never entered into a contract with the plaintiff, the court may grant summary judgment in favor of the defendant without the need for a trial.
(2) Civil process shall not be served or executed on Sunday ; but upon sufficient cause being shown by affidavit to the satisfaction of a judge of any circuit, that judge may make any restraining order or authorize the issuance of and service or execution of any writ on Sunday, as on other days.