Detroit Michigan First Amended Complaint
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How to fill out Michigan First Amended Complaint?
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FAQ
The summons and complaint can be served by sending them by certified mail with restricted delivery and return receipt. A ?green card? (PS Form 3811) will be mailed to the plaintiff, to show proof of service. The ?green card? or a copy, must be filed with the Court. Service of Summons.
The judge shall state the reason that a decision was not made within 56 days. A report is required regardless of whether there is any case to report. The chief judge shall sign and file, or electronically submit, the statement with the state court administrator. (A) Scope of Rule.
(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.
In Michigan, a defendant must respond within 21 days after being served with process (MCR 2.108(A)(1)). If the defendant was served outside of the state, or was served by registered mail, the defendant must respond within 28 days after being served with process (MCR 2.108(A)(2)).
There may be a summary hearing on the affirmative defenses within 15 calendar days from the filing of answer, if based on the grounds in Section 5 (b), Rule 6. If there is a summary hearing, the affirmative defenses shall be resolved within 30 calendar days from the termination of said hearing.
Time for Filing and Serving Response 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. See MCR 2.108(A)(1).
As discussed above, affirmative defenses filed with an answer, but distinguished by their own separate caption, do not require a response, even if the filing party demands it.
(1) Except as otherwise provided in this subrule, MCR 2.119 applies to motions brought under this rule. (ii) any response to the motion (including brief and any affidavits) must be filed and served at least 7 days before the hearing.
(4) Unless the court sets a different time, a motion must be filed at least 7 days before the hearing, and any response to a motion required or permitted by these rules must be filed at least 3 days before the hearing.
A person asserting an affirmative defense is required to meet all the elements (requirements) of that defense....Sample Elements the defendant's breach caused the plaintiff's harm; damages could have been avoided with reasonable efforts or expenditures; and. plaintiff did not take reasonable steps to avoid harm.