Michigan Motion to Dismiss - Personal Injury

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Multi-State
Control #:
US-PI-0313
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Word; 
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Description

This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.

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FAQ

(2) Motion to Dismiss. An appellee may file a motion to dismiss an appeal any time before it is placed on a session calendar on the ground that (a) the appeal is not within the Court of Appeals jurisdiction; (b) the appeal was not filed or pursued in conformity with the rules; or (c) the appeal is moot.

Rule 167. A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon.

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.

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).

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.

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citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.

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.

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Michigan Motion to Dismiss - Personal Injury