Michigan Court Rules

1 Michigan Court Rules OF 1985. Chapter 1. General Provisions ..1. Subchapter Applicability; Construction ..1. Rule Title; Citation .. 1. Rule Effective Date .. 1. Rule Applicability .. 1. Rule Statutory Practice Provisions .. 1. Rule Construction .. 1. Rule Catch Lines .. 1. Rule Number .. 1. Rule Computation of Time .. 2. Rule Court Records Defined; Document Defined; Filing Standards; Signatures; Electronic Filing and Service; Access .. 2. Rule Collection of Fines and Costs .. 12. Rule Foreign Language Interpreters .. 12. Rule Filings by Incarcerated Individuals .. 17. Subchapter Amendment of Michigan Court Rules ..18. Rule Amendment Procedure .. 18. Chapter 2. Civil Procedure ..19. Subchapter General Provisions ..19. Rule Applicability .. 19. Rule Waiver of Fees for Indigent Persons .. 19. Rule Disqualification of Judge .. 22. Rule Incarcerated Parties.

2 25. Subchapter Commencement of Action; Service of Process; Pleadings; Motions ..27. Rule Form and Commencement of Action .. 27. Rule Summons; Expiration of Summons; Dismissal of Action for Failure to Serve .. 27. Rule Process; Who May Serve .. 29. Rule Process; Proof of Service .. 29. Rule Process; Manner of Service .. 30. Rule Notice by Posting or Publication .. 34. Rule Service and Filing of Pleadings and Other Documents .. 36. Rule Time .. 40. Michigan Court Rules Table of Contents i Last Updated on March 30, 2022. Rule Security for Costs .. 41. Rule Pleadings .. 42. Rule General Rules of Pleading .. 43. Rule Pleading Special Matters .. 45. Rule Form, Captioning, Signing, and Verifying of Documents .. 49. Rule Motion to Correct or to Strike Pleadings .. 50. Rule Summary Disposition .. 50. Rule Appearances .. 54. Rule Amended and Supplemental Pleadings.

3 57. Rule Motion Practice .. 58. Subchapter Parties; Joinder of Claims and Parties; Venue; Transfer of Actions ..63. Rule Parties Plaintiff and Defendant; Capacity .. 63. Rule Substitution of Parties .. 66. Rule Joinder of Claims, Counterclaims, and Cross-Claims .. 66. Rule Third-Party Practice .. 67. Rule Necessary Joinder of Parties .. 68. Rule Permissive Joinder of Parties .. 69. Rule Misjoinder and Nonjoinder of Parties .. 70. Rule Intervention .. 70. Rule Motion for Change of Venue .. 71. Rule Change of Venue; Venue Proper .. 71. Rule Change of Venue; Venue Improper .. 72. Rule Change of Venue in Tort Actions .. 73. Rule Joinder of Party to Control Venue .. 73. Rule Change of Venue; Transfer of Jurisdiction; Orders .. 74. Rule Transfer of Actions on Finding of Lack of Jurisdiction .. 74. Rule Transfer to the Court of Claims .. 75. Subchapter Discovery.

4 77. Rule Availability and Timing of Discovery .. 77. Rule Duty to Disclose; General Rules Governing Discovery .. 77. Rule Depositions Before Action or Pending Appeal .. 86. Rule Persons Before Whom Depositions May Be Taken .. 87. Rule Discovery Subpoena to a Non-Party .. 88. Rule Depositions on Oral Examination of a party .. 90. Rule Depositions on Written Questions .. 95. Rule Use of Depositions in Court Proceedings .. 96. Rule Interrogatories to Parties .. 97. Rule Requests for Production of Documents and Other Things; Entry on Land for Inspection and Other Purposes .. 98. Rule Physical and Mental Examination of Persons .. 100. Rule Request for Admission .. 101. Michigan Court Rules Table of Contents ii Last Updated on March 30, 2022. Rule Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions .. 103. Rule Discovery of Medical Information Concerning Party.

5 106. Rule Video Depositions .. 108. Rule Removal of Disclosure and Discovery Materials From File .. 110. Subchapter Pretrial Procedure; Alternative Dispute Resolution; Offers of Judgment;. Settlements ..112. Rule Pretrial Procedures; Conferences; Scheduling Orders .. 112. Rule Use of Communication Equipment .. 118. Rule Case Evaluation .. 119. Rule Selection of Case Evaluation Panels .. 125. Rule Offers to Stipulate to Entry of Judgment .. 128. Rule Use of Facsimile Communication Equipment .. 130. Rule Videoconferencing .. 131. Rule Alternative Dispute Resolution .. 134. Rule Mediation .. 136. Rule Mediation Communications; Confidentiality and Disclosure .. 140. Rule Settlements and Judgments for Minors and Legally Incapacitated Individuals .. 143. Subchapter Trials; Subpoenas; Juries ..145. Rule Scheduling Trials; Court Calendars .. 145. Rule Dismissal for Lack of Progress.

6 146. Rule Adjournments .. 146. Rule Dismissal of Actions .. 148. Rule Consolidation; Separate Trials .. 149. Rule Subpoena; Order to Attend .. 149. Rule Conduct of Trials .. 154. Rule Jury Trial of Right .. 155. Rule Trial by Jury or by Court .. 156. Rule Juror Personal History Questionnaire .. 157. Rule Impaneling the Jury .. 158. Rule Instructions to Jury .. 161. Rule Conduct of Jury Trial .. 163. Rule Rendering Verdict .. 166. Rule Special Verdicts .. 167. Rule Motion for Directed Verdict .. 167. Rule Findings by Court .. 167. Rule Receipt and Return or Disposal of Exhibits .. 168. Subchapter Judgments and Orders; Postjudgment Proceedings ..169. Rule Judgments .. 169. Rule Entry of Judgments and Orders .. 169. Michigan Court Rules Table of Contents iii Last Updated on March 30, 2022. Rule Default and Default Judgment .. 171. Rule Judgment in Actions Involving Multiple Claims or Multiple Parties.

7 174. Rule Declaratory Judgments .. 174. Rule Motion for Judgment Notwithstanding the Verdict .. 175. Rule New Trials; Amendment of Judgments .. 176. Rule Relief From Judgment or Order .. 177. Rule Limitations on Corrections of Error .. 179. Rule Stay of Proceedings to Enforce Judgment .. 179. Rule Enforcement of Tribal Judgments .. 180. Rule Satisfaction of Judgment .. 181. Rule Proceedings Supplementary to Judgment .. 182. Rule Receivers .. 184. Rule Taxation of Costs .. 189. Rule Attorney Fees .. 193. Rule Disability of Judge .. 193. Chapter 3. Special Proceedings and Actions ..194. Subchapter General Provisions ..194. Rule Applicability and Scope .. 194. Rule Indian Children .. 194. Subchapter Debtor-Creditor ..199. Rule Garnishment After Judgment .. 199. Rule Garnishment Before Judgment .. 210. Rule Attachment .. 212. Rule Installment Payment Orders.

8 215. Rule Claim and Delivery .. 216. Rule Procedures Regarding Orders for the Seizure of Property and Orders of Eviction .. 219. Rule Stockholders' Liability Proceedings .. 222. Subchapter Domestic Relations Actions ..224. Rule Applicability of Rules .. 224. Rule Capacity to Sue .. 225. Rule Service of Notice and Court Documents in Domestic Relations Cases .. 225. Rule Proceedings Affecting Children .. 227. Rule Prior and Subsequent Orders and Judgments Affecting Minors .. 228. Rule Initiating a Case .. 229. Rule Ex Parte, Temporary, and Protective Orders .. 232. Rule Friend of the Court .. 234. Rule Suspension of Enforcement and Dismissal .. 236. Michigan Court Rules Table of Contents iv Last Updated on March 30, 2022. Rule Hearings and Trials .. 236. Rule Judgments and Orders .. 240. Rule Postjudgment Transfer of Domestic Relations Cases .. 242. Rule Postjudgment Motions and Enforcement.

9 244. Rule Actions Under Uniform Acts .. 244. Rule Domestic Relations Referees .. 245. Rule Domestic Relations Mediation .. 250. Rule Actions Under the Paternity Act .. 256. Rule Friend of the Court Records; Access .. 257. Rule Dissemination of a Professional Report .. 259. Rule Hearings on Support and Parenting Time Enforcement Act Bench Warrants .. 260. Rule Uniform Collaborative Law Act Process and Agreements .. 263. Rule Summary Proceeding for Entry of Consent Judgment or Order .. 267. Rule Friend of the Court Alternative Dispute Resolution .. 269. Rule Filing Confidential Materials .. 277. Rule Actions Under the Summary Support and Paternity Act .. 277. Subchapter Extraordinary Writs ..283. Rule Extraordinary Writs in General .. 283. Rule Superintending Control .. 284. Rule Habeas Corpus to Inquire Into Cause of Detention .. 285. Rule Habeas Corpus to Bring Prisoner to Testify or for Prosecution.

10 289. Rule Mandamus .. 290. Rule Quo Warranto .. 290. Rule Injunctions .. 292. Subchapter Proceedings Involving Real Property ..296. Rule Partition .. 296. Rule Partition Procedure .. 296. Rule Sale of Premises and Division of Proceeds as Substitute for Partition .. 298. Rule Foreclosure of Mortgages and Land Contracts .. 302. Rule Civil Action to Determine Interests in Land .. 303. Rule Construction Liens .. 305. Subchapter Representative Actions ..306. Rule Class Actions .. 306. Rule Secondary Action by Shareholders .. 312. Rule Action by Fiduciary .. 312. Subchapter Miscellaneous Proceedings ..314. Rule Public Nuisances .. 314. Rule Arbitration .. 315. Michigan Court Rules Table of Contents v Last Updated on March 30, 2022. Rule Interpleader .. 318. Rule Bonds .. 319. Rule Collection of Penalties, Fines, Forfeitures, and Forfeited Recognizances.