Rule 2.114.Special Motions Under the Uniform Public Expression Protection Act

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.114 creates Michigan's special early-dismissal motion for lawsuits that target protected public speech under the Uniform Public Expression Protection Act, complete with an automatic stay of the case, a fast 60-day hearing clock, and mandatory fee-shifting for the side that prevails.

Full Text of Rule 2.114

Text sizeJump to: (A) (B) (C) (D) (E) (F)

(A) Applicability. This rule applies to eligible causes of action under the Uniform Public Expression Protection Act, MCL 691.1853 et seq.

(B) Special Motion.

(1) Except as otherwise provided in this rule, a special motion must comply with the requirements of MCR 2.119 and must also include a statement that the motion is a special motion being filed pursuant to MCL 691.1853 et seq. and state the basis for the motion under MCL 691.1857.

(2) A special motion for expedited relief to dismiss an action or part of an action must be filed not later than 60 days after the party filing the motion is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts an eligible cause of action. The filing timeframe may be extended by the court for good cause shown.

(1) Upon filing a special motion, all proceedings between the moving party and the responding party, including discovery and any pending hearings or motions, are stayed.

(2) Upon motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the special motion.

(3) A stay under subrules (C)(1) or (C)(2) remain in effect until entry of an order ruling on the special motion and expiration of the time under subrule (E) for the moving party to appeal the order.

(4) If a party appeals an order deciding the special motion, all proceedings between all parties in the action are stayed until the conclusion of the appeal. Stay on appeal is governed by MCR 7.209 and 7.305(J).

(5) During the stay, the court may allow limited discovery if a party shows that specific information is necessary to establish whether the party has satisfied or failed to satisfy a burden under MCL 691.1857(1) and the information is not reasonably available unless discovery is allowed.

(6) The stay does not affect a party’s ability to voluntarily dismiss an action or part of an action, or move to sever a cause of action.

(D) Hearing.

(1) The court must hold a hearing on the special motion not later than 60 days after the motion is filed unless the court orders a later hearing date to accommodate limited discovery under subrule (C)(5) or for other good cause. If the court orders a later hearing date to accommodate limited discovery, the hearing must occur not later than 60 days after the court ordered the limited discovery, unless the court orders a later hearing for good cause shown.

(2) In ruling on a special motion, the court must consider the pleadings, the motion, and any reply or response to the motion, affidavits, depositions, admissions, or other documentary evidence.

(3) The court must rule on a special motion not later than 60 days after the hearing. The court must dismiss with prejudice an action, or part of an action, if the court finds the following:

(a) The moving party establishes the cause of action is an eligible cause of action under MCL 691.1852(1)(d); and

(b) The responding party fails to establish that the cause of action is not an eligible cause of action under MCL 691.1852(2); and

(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action.

(ii) The moving party establishes that the responding party failed to state a cause of action on which relief can be granted.

(iii) The moving party establishes that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the action or part of the action.

(E) Appeal. The moving party may appeal as a matter of right from an order denying or granting, in whole or in part, a special motion. The appeal must be filed in accordance with MCR 7.204.

(F) Costs, Fees, and Expenses.

(1) Upon motion, the court must award court costs, reasonable attorney fees, and reasonable litigation expenses related to the special motion as follows:

(a) To the moving party if the moving party prevails on the motion. A voluntary dismissal with prejudice of the responding party’s action, or part of an action, that is the subject of a special motion under this rule establishes that the moving party has prevailed for the purpose of this subrule.

(b) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

(2) A voluntary dismissal without prejudice of a responding party’s action, or part of an action, that is subject of a special motion under this rule does not affect a moving party’s right to obtain a ruling on the motion or to seek costs, attorney fees, or expenses under this subrule.

(3) A motion for court costs, reasonable attorney fees, and reasonable litigation expenses is not subject to a stay under this rule.

Amendment History

MCR 2.114 implements the Uniform Public Expression Protection Act (2025 PA 52), Michigan’s law protecting people from lawsuits aimed at their public speech or petitioning activity, which took effect March 24, 2026. Michigan tracks the order that adopted this rule separately from the compiled rules text reproduced here rather than printing a history note beneath the rule itself. The text above is verified current through the source’s own May 1, 2026 update; for the adopting order and any later amendments, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Rule 2.114 is Michigan's anti-SLAPP mechanism — a special motion available when a lawsuit targets a person's speech, petitioning, or similar protected public expression under the Uniform Public Expression Protection Act. A defendant invoking it must file the special motion within 60 days of being served with the claim (extendable for good cause), following the ordinary motion-practice rules while flagging it clearly as a special motion under the Act and stating its statutory basis.

Filing the motion automatically stays the case between the moving party and the responding party — discovery, hearings, everything — and a court can extend that stay to other parties or other discovery tied up in the same issue. Limited discovery can still proceed during the stay if a party shows specific information is truly necessary and otherwise unavailable. If either side appeals the ruling on the motion, the entire case is stayed pending that appeal. The court must hold a hearing within 60 days of the motion being filed (with room to push that back if limited discovery is allowed), and must rule within 60 days after the hearing, looking at the pleadings, the motion, any response, and the evidence submitted. Dismissal with prejudice follows if the moving party shows the claim falls under the Act, the responding party cannot show otherwise, and either the responding party fails to make out a basic case for each element of the claim, the claim fails to state a claim on which relief could be granted, or there is no genuine factual dispute and the moving party is entitled to judgment as a matter of law.

Either side can immediately appeal an order deciding a special motion, without waiting for the rest of the case to finish. And whoever wins the motion is generally entitled to court costs, reasonable attorney fees, and litigation expenses tied to it — automatically for a prevailing moving party (including when the responding party voluntarily dismisses the targeted claim with prejudice), and for a prevailing responding party only if the court finds the special motion itself was frivolous or filed just to cause delay. A request for those costs and fees is not paused by the rule's automatic stay.

Frequently Asked Questions

What kind of case can a special motion under Rule 2.114 target?

A claim that qualifies as an 'eligible cause of action' under the Uniform Public Expression Protection Act, generally a lawsuit arising from a person's speech, petitioning activity, or similar protected public expression.

How quickly does a special motion have to be filed and decided?

The motion must generally be filed within 60 days of being served with the targeted claim. The court must then hold a hearing within 60 days of the filing and rule within 60 days after the hearing, subject to extensions for good cause or to allow limited discovery.

What happens to the rest of the case while a special motion is pending?

Filing the motion automatically stays proceedings between the moving and responding parties, including discovery, and an appeal of the ruling on the motion stays the entire case pending that appeal.

Can the losing side be ordered to pay the other side's attorney fees?

Yes. A prevailing moving party is generally entitled to costs, fees, and expenses tied to the motion, and a prevailing responding party can recover them too if the court finds the special motion was frivolous or filed only to delay the case.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.114). 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: anti-SLAPP motion MichiganUniform Public Expression Protection ActUPEPA special motionspecial motion to dismiss Michigan