Michigan procedural guides

Plain-English guides to the Michigan Court Rules, Chapter 2, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a Michigan complaint: 21 days, or 28 if you were served outside the stateMichigan gives 21 days to answer a complaint served in-state, 28 days if service was made outside Michigan or by registered mail — and the clerk enters default without a hearing.
• Michigan discovery deadlines: 28 days, 42 if you are the defendantMichigan gives 28 days to answer interrogatories, respond to document requests, and answer requests for admission — with 42 days for a defendant counted from service of the summons and complaint.
• Michigan summary disposition: ten grounds, three timing rules, and one that waives itselfMichigan doesn't have summary judgment — it has summary disposition under MCR 2.116, with ten separate grounds, and three of them are waived unless raised in your first motion or responsive pleading.
• Michigan interrogatories: twenty each, subparts counted, and 28 days to answerMCR 2.309 limits each separately represented party to twenty interrogatories per party, counts discrete subparts separately, and requires answers within 28 days — 42 for a defendant.
• Michigan reconsideration: 21 days, palpable error, and nobody respondsMCR 2.119(F) gives 21 days to move for reconsideration of a decision on a motion — the standard is palpable error, no response is filed, and there is no oral argument.
• Objecting to a Michigan garnishment: 14 days, form MC 49, and five groundsMichigan gives 14 days from service of a writ of garnishment to file objections on form MC 49 — and an installment payment order signed by a judge is one of the recognized grounds.
• Relief from a Michigan judgment: six grounds, and a separate year for a defendant who never knewMCR 2.612(C) caps mistake, newly discovered evidence and fraud at one year — and MCR 2.612(B) gives a defendant who never knew of the case a full year to appear after final judgment.
• The Michigan motion to compel: a separate route for non-party subpoenasMCR 2.313(A)(2)(c) gives non-party subpoenas their own motion, requiring a copy of the subpoena, proof of service, and service on the non-party under MCR 2.105.
• The Michigan offer of judgment: the average-offer rule, and "actual costs" that include a feeMCR 2.405 shifts "actual costs" — taxable costs plus a reasonable attorney fee — to whichever party's position was further from the adjusted verdict. The comparison is against the average of the offer and counteroffer, and a party that never counteroffered usually cannot recover.
• Michigan medical malpractice: the affidavit of merit, and the 63 days to challenge itMCR 2.112(L) requires an affidavit in every Michigan medical malpractice action and puts hard deadlines on challenging one — a notice-of-intent challenge with the defendant's first response, and any affidavit challenge within 63 days of service.
• Michigan requests for admission: a defendant gets 42 days, not 28MCR 2.312 gives a newly served defendant 42 days to answer requests for admission rather than 28, requires the caption to identify them, and carries a separate route for admitting public records.
• Michigan subpoenas: a self-represented party has to ask the court firstMCR 2.305 lets a represented party issue a non-party discovery subpoena directly but requires an unrepresented party to move the court, and stays the non-party's obligation while a motion to quash is pending.

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