Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.502 lets a Michigan court dismiss a case without prejudice when nothing has happened in it for 91 days, unless the party defends the delay or the case is already under a scheduling order or set for a conference or trial, and lets the court reinstate a dismissed case for good cause.
(1)On motion of a party or on its own initiative, the court may order that an action in which no steps or proceedings appear to have been taken within 91 days be dismissed for lack of progress unless the parties show that progress is being made or that the lack of progress is not attributable to the party seeking affirmative relief.
(2)A notice of proposed dismissal may not be sent with regard to a case
(a)in which a scheduling order has been entered under MCR 2.401(B)(2) and the times for completion of the scheduled events have not expired,
(b)which is set for a conference, an alternative dispute resolution process, hearing, or trial.
(3)The notice shall be given in the manner provided in MCR 2.501(C) for notice of trial.
(1)If a party does not make the required showing, the court may direct the clerk to dismiss the action for lack of progress. Such a dismissal is without prejudice unless the court specifies otherwise.
(2)If an action is not dismissed under this rule, the court shall enter orders to facilitate the prompt and just disposition of the action.Reinstatement of Dismissed Action. On motion for good cause, the court may reinstate an action dismissed for lack of progress on terms the court deems just. On reinstating an action, the court shall enter orders to facilitate the prompt and just disposition of the action.
(C)Reinstatement of Dismissed Action. On motion for good cause, the court may reinstate an action dismissed for lack of progress on terms the court deems just. On reinstating an action, the court shall enter orders to facilitate the prompt and just disposition of the action.
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 case that just sits, with nothing filed or scheduled for 91 days, risks dismissal for lack of progress, whether a party raises the issue or the court notices it on its own. That risk doesn't apply, though, if a scheduling order is already in place and its deadlines haven't run out, or if the case is already set for a conference, an ADR process, a hearing, or trial; in those situations the case is presumed to be moving along even without new filings. Before dismissing, the court gives notice the same way it gives notice of a trial date, and the party facing dismissal gets a chance to show that progress is being made, or that the lack of progress isn't its fault.
If that showing doesn't hold up, the court can direct the clerk to dismiss the case, and unless the court says otherwise, that dismissal is without prejudice, meaning the case can potentially be refiled. If the case survives this process without dismissal, the court is still expected to enter whatever orders will keep it moving toward a prompt, fair resolution. And a case that is dismissed isn't necessarily gone for good: on a motion showing good cause, the court can reinstate it on terms it considers just, again with an eye toward getting the case back on a productive track.
Frequently Asked Questions
Can my case get dismissed just for sitting inactive?
Yes, if no steps or proceedings have been taken in it for 91 days, unless you show that progress is being made or that the delay isn't attributable to you, or the case is already under a scheduling order or set for a conference, ADR, hearing, or trial.
Is a dismissal for lack of progress permanent?
Not necessarily. Unless the court specifies otherwise, the dismissal is without prejudice, and the court can reinstate the case on a motion showing good cause.
What notice do I get before my case is dismissed for lack of progress?
Notice given the same way as notice of trial under Rule 2.501(C), giving you a chance to show progress or explain the delay before the dismissal happens.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.502). 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:dismissal for lack of progress Michigan91 day dismissal rulereinstating a dismissed case Michigan