(A) A notice of transfer to the Court of Claims must be provided before or at the time the defendant files an answer.
Rule 2.228.Transfer to the Court of Claims
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.228 gives a party the same before-or-with-the-answer deadline to seek transfer to Michigan's Court of Claims as for an ordinary venue motion, and treats a late request differently depending on whether the original court shares jurisdiction with the Court of Claims or lacks it entirely.
Full Text of Rule 2.228
(B) After the time provided in subrule (A) –
(1) If the court in which a civil action is pending has concurrent jurisdiction with the Court of Claims, the defendant must seek leave to file a notice of transfer and the court may grant leave if it is satisfied that the facts on which the motion is based were not and could not with reasonable diligence have been known to the moving party more than 14 days before the motion was filed.
(2) If the court in which a civil action is pending does not have subject matter jurisdiction because the case is within the exclusive jurisdiction of the Court of Claims, MCR 2.227 governs.
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
A notice of transfer to the Court of Claims is due before or at the time the defendant files an answer, matching the deadline for an ordinary venue motion. Once that window closes, what happens next depends on the court's own jurisdiction. If the court where the case is pending shares concurrent jurisdiction with the Court of Claims, the defendant needs the court's leave to transfer late, which the court can grant only if the facts behind the request weren't, and reasonably couldn't have been, known more than 14 days before it was filed. If the original court has no jurisdiction at all because the case falls within the Court of Claims's exclusive jurisdiction, the transfer instead proceeds under the rule governing transfers for lack of subject-matter jurisdiction.
Frequently Asked Questions
When do I have to ask to transfer my case to the Court of Claims?
Before or at the same time you file your answer.
What if I miss that deadline?
If the court where the case is pending shares jurisdiction with the Court of Claims, you need the court's leave, which requires showing the facts supporting the request weren't, and reasonably couldn't have been, known more than 14 days earlier.
What if the original court never had jurisdiction at all?
Then the rule governing transfers for lack of subject-matter jurisdiction controls instead of this rule's leave requirement.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.228). 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: transfer to Court of Claims MichiganCourt of Claims jurisdiction Michigan