Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.108 sets the deadlines for responding to a complaint or other pleading in Michigan, generally 21 days after service (28 days if served outside Michigan or by mail), and explains how filing a motion, an amended pleading, or other events reset that clock.
(1)A defendant must serve and file an answer or take other action permitted by law or these rules within 21 days after being served with the summons and a copy of the complaint in Michigan in the manner provided in MCR 2.105(A)(1).
(2)If service of the summons and a copy of the complaint is made outside Michigan, or if the manner of service used requires the summons and a copy of the complaint to be sent by registered mail addressed to the defendant, the defendant must serve and file an answer or take other action permitted by law or these rules within 28 days after service.
(3)When service is made in accordance with MCR 2.106, the court shall allow a reasonable time for the defendant to answer or take other action permitted by law or these rules, but may not prescribe a time less than 28 days after publication or posting is completed.
(4)A party served with a pleading stating a cross-claim or counterclaim against that party must serve and file an answer or take other action permitted by law or these rules within 21 days after service.
(5)A party served with a pleading to which a reply is required or permitted may serve and file a reply within 21 days after service of the pleading to which it is directed.
(6)In an action alleging medical malpractice filed on or after October 1, 1986, unless the defendant has responded as provided in subrule (A)(1) or (2), the defendant must serve and file an answer within 21 days after being served with the notice of filing the security for costs or the affidavit in lieu of such security required by MCL 600.2912d.
(B)Time for Filing Motion in Response to Pleading. A motion raising a defense or an objection to a pleading must be served and filed within the time for filing the responsive pleading or, if no responsive pleading is required, within 21 days after service of the pleading to which the motion is directed.
(C)Effect of Particular Motions and Amendments. When a motion or an amended pleading is filed, the time for pleading set in subrule (A) is altered as follows, unless a different time is set by the court:
(1)If a motion under MCR 2.115(A) or MCR 2.116 made before filing a responsive pleading is denied, the moving party must serve and file a responsive pleading within 21 days after notice of the denial. However, if the moving party, within 21 days, files an application for leave to appeal from the order, the time is extended until 21 days after the denial of the application unless the appellate court orders otherwise.
(2)An order granting a motion under MCR 2.116 must set the time for service and filing of the amended pleading, if one is allowed.
(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.
(4)If the court has granted a motion for more definite statement, the responsive pleading must be served and filed within 21 days after the more definite statement is served.
(D)Time for Service of Order to Show Cause. An order to show cause must set the time for service of the order and for the hearing, and may set the time for answer to the complaint or response to the motion on which the order is based.
(E)Extension of Time. A court may, with notice to the other parties who have appeared, extend the time for serving and filing a pleading or motion or the doing of another act, if the request is made before the expiration of the period originally prescribed. After the expiration of the original period, the court may, on motion, permit a party to act if the failure to act was the result of excusable neglect. However, if a rule governing a particular act limits the authority to extend the time, those limitations must be observed. MCR 2.603(D) applies if a default has been entered.
(F)Unaffected by Expiration of Term. The time provided for the doing of an act or the holding of a proceeding is not affected or limited by the continuation or expiration of a term of court. The continuation or expiration of a term of court does not affect the power of a court to do an act or conduct a proceeding in a civil action pending before it.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Rule 2.108 answers the question every defendant asks first: how much time do I have? The baseline is 21 days after being served with a summons and complaint inside Michigan. That period stretches to 28 days if service happened outside the state or by registered mail, and service by publication or posting under Rule 2.106 gets at least 28 days from when the publication or posting period finishes. The same 21-day period applies to answering a cross-claim or counterclaim, and to filing a reply where one is required or allowed. Medical malpractice cases follow a variation tied to when the required affidavit of merit paperwork is served, rather than only the original complaint.
A motion challenging a pleading has to be filed within that same original response window, or within 21 days if no response would otherwise be required. Filing certain motions resets the clock: if a motion to correct a pleading or a motion for summary disposition made before answering is denied, the responding party gets 21 more days to answer (extended further if an appeal from that denial is filed). An order granting such a motion sets its own new deadline for an amended pleading. Responding to a supplemental or amended pleading gets whichever is longer — the time remaining on the original deadline, or 21 days from the new pleading's service.
Finally, Rule 2.108 gives courts room to extend these deadlines. A court can extend a deadline before it expires, with notice to the other parties who have appeared, and after it expires, on a showing of excusable neglect — unless another rule specifically limits that flexibility. And no deadline in this rule is affected one way or the other by a term of court beginning or ending.
Frequently Asked Questions
How long do I have to answer a complaint in Michigan?
Generally 21 days after being served within Michigan, or 28 days if you were served outside Michigan or by registered mail.
What happens to my deadline if I file a motion instead of an answer first?
If your motion is denied, you generally get 21 more days from notice of the denial to file your answer, and that period extends further if you promptly seek appellate review of the denial.
Can a court extend these deadlines?
Yes. Before a deadline passes, a court can extend it with notice to the other parties. After it passes, a court can still allow a late filing on a showing of excusable neglect, unless another rule specifically limits that authority.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.108). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:time to answer complaint Michigan21 day answer deadlinetime to respond to motion Michiganexcusable neglect deadline extension