Michigan Motion for Summary Judgment
Michigan calls this a motion for summary disposition, not a motion for summary judgment. Under MCR 2.116(G)(1)(a), the motion must be filed and served at least 21 calendar days before the hearing, any response at least 7 calendar days before the hearing, and any reply at least 4 calendar days before the hearing, all counted backward from the hearing date.
Find out where you stand in Michigan
Which side of the motion are you on?
DocDraft provides document preparation, not legal advice.
Introduction
Michigan does not have a separate motion for summary judgment. Michigan Court Rule 2.116 is a single, all-purpose motion for summary disposition covering ten different grounds, from lack of jurisdiction and failure to state a claim, Michigan's closest analog to a motion to dismiss, through ground (C)(10): no genuine issue as to any material fact. A motion filed under MCR 2.116, with its supporting brief and any affidavits, must be filed and served at least 21 calendar days before the hearing date (MCR 2.116(G)(1)(a)(i)). These are calendar days computed under MCR 1.108(1): the day of the triggering event is excluded, the last day is included unless it falls on a Saturday, Sunday, legal holiday, or a day the court is closed, in which case the period runs to the next day the court is open, and the count runs backward from the hearing date. Once the motion is served, the nonmovant, the party who received the motion, must file and serve any response, including its own brief and affidavits, at least 7 calendar days before the hearing (MCR 2.116(G)(1)(a)(ii)). The movant may then file a reply brief, limited to rebuttal of the response and no more than 5 pages, at least 4 calendar days before the hearing (MCR 2.116(G)(1)(a)(iii)). The court may set a different schedule by written authorization on the notice of hearing or by separate order. Michigan sets no statewide deadline for how soon before trial a dispositive motion must be filed: grounds (C)(8), (9), and (10) may be raised at any time unless a scheduling order entered under MCR 2.401 sets a case specific dispositive motion deadline, and even then the court has discretion to allow a late motion. For a motion brought by a party asserting its own claim, the hearing itself may not take place until at least 28 days after the opposing party was served with the pleading stating that claim (MCR 2.116(B)(2)). The standard under ground (C)(10) is that, except as to the amount of damages, there is no genuine issue as to any material fact, and the moving party is entitled to judgment or partial judgment as a matter of law. Michigan does not require a separate, standalone statement of undisputed material facts; instead, a (C)(10) motion must specifically identify, within the motion or brief itself, the issues on which the movant believes there is no genuine issue of material fact (MCR 2.116(G)(4)). Required papers also include a written motion stating the specific ground or grounds relied on, a supporting brief when the motion presents an issue of law, and affidavits, depositions, admissions, or other documentary evidence when the ground does not appear on the face of the pleadings, which is required for a (C)(10) motion but not permitted for a motion based on failure to state a claim or a valid defense under (C)(8) or (9). The combined motion and brief may not exceed 20 pages, double spaced, exclusive of attachments. A single motion commonly pleads several of the ten grounds together. Partial summary disposition is built directly into (C)(10)'s own text rather than requiring a separate procedure, and MCR 2.116(A) also lets a court enter judgment on a stipulated statement of facts the parties submit jointly. If the nonmovant does not respond to a properly supported (C)(10) motion with specific facts showing a genuine issue for trial, the rule allows judgment, if appropriate, to be entered against it; an unopposed motion is not automatically granted, and the court still decides whether judgment is appropriate on the record before it. This page covers a Michigan motion for summary disposition on ground (C)(10) in state trial court. If you are testing the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page, and if you are trying to undo a default judgment, see DocDraft's motion to set aside a default page; a federal civil case follows Federal Rule of Civil Procedure 56, not MCR 2.116, and is outside the scope of this page. Summary disposition practice is technical and is often lost on procedure rather than the merits, and attorney review is available before you file or respond.
Key Things to Know
- 1
A Michigan motion for summary disposition, with its supporting brief and any affidavits, must be filed and served at least 21 calendar days before the hearing date; any response is due at least 7 calendar days before the hearing, and any reply brief is due at least 4 calendar days before the hearing, all counted backward from the hearing date (MCR 2.116(G)(1)(a)).
- 2
If you were served with a Michigan motion for summary disposition, your response, including any opposing affidavits, must be filed and served at least 7 calendar days before the hearing date, not from the date you were served; calculate your deadline from the hearing date on the notice of hearing.
- 3
A Michigan motion for summary disposition is not automatically granted just because the nonmovant fails to respond; under MCR 2.116(G)(4), the court enters judgment against a nonresponding party only if judgment is otherwise appropriate on the record.
- 4
Michigan calls this motion a 'motion for summary disposition,' not a 'motion for summary judgment,' and a single rule, MCR 2.116, covers ten different grounds; confusing ground (C)(8), failure to state a claim, decided on the pleadings alone, with ground (C)(10), no genuine issue of material fact, which requires evidence, is a common and consequential drafting error.
- 5
Michigan sets no statewide deadline for how long before trial a summary disposition motion must be filed, unlike states with a fixed pre-trial cutoff; grounds (C)(8), (9), and (10) may be raised at any time unless the court's own scheduling order under MCR 2.401 sets a case specific deadline.
- 6
Michigan does not require a separate, standalone statement of undisputed material facts; instead, a (C)(10) motion must specifically identify, within the motion or brief itself, the issues on which the movant believes there is no genuine issue of material fact (MCR 2.116(G)(4)).
- 7
This page covers only a Michigan motion for summary disposition on ground (C)(10), the state's analog to summary judgment, in state trial court. To challenge a complaint's sufficiency, see DocDraft's motion to dismiss page; to undo a default judgment, see DocDraft's motion to set aside a default page; a federal civil case follows Federal Rule of Civil Procedure 56 and is outside the scope of this page.
Key decisions before you file
Before you file a Motion for Summary Judgment in Michigan, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
Open the Motion for Summary Judgment guideCustomize your Motion for Summary Judgment Template with DocDraft
Michigan Requirements for Motion for Summary Judgment
21-Calendar-Day Notice Before the Hearing
A motion under MCR 2.116, with its supporting brief and any affidavits, must be filed and served at least 21 calendar days before the hearing date, computed under MCR 1.108(1) and counted backward from the hearing date (MCR 2.116(G)(1)(a)(i)).
7-Calendar-Day Response Deadline
The nonmovant must file and serve any response, including a supporting brief and any opposing affidavits, at least 7 calendar days before the hearing date (MCR 2.116(G)(1)(a)(ii)).
4-Calendar-Day Reply Deadline, 5-Page Limit
The movant may file a reply brief, limited to rebuttal of the response and no more than 5 pages, at least 4 calendar days before the hearing date (MCR 2.116(G)(1)(a)(iii)).
No Statewide Filing Cutoff Absent a Scheduling Order
Grounds (C)(8), (9), and (10) may be raised at any time unless a scheduling order entered under MCR 2.401 sets a case specific dispositive motion deadline, and the court retains discretion to allow a late motion (MCR 2.116(D)(4)).
Single Rule Merges Ten Grounds, Including the Motion-to-Dismiss Analog
MCR 2.116(C) covers ten grounds in one rule, from lack of jurisdiction and failure to state a claim through ground (C)(10), no genuine issue as to any material fact; a single motion commonly pleads several grounds together (MCR 2.116(E)(1)).
Unopposed Motion Requires a Court Finding of Appropriateness
If the nonmovant does not respond to a properly supported (C)(10) motion with specific facts showing a genuine issue for trial, judgment against it is entered only if appropriate, not automatically (MCR 2.116(G)(4)).
No Separate Statement of Undisputed Facts Required
Michigan has no standalone separate statement of undisputed material facts; a (C)(10) motion must instead specifically identify, within the motion or brief itself, the issues as to which there is no genuine issue of material fact (MCR 2.116(G)(4)).
Partial Summary Disposition Built Into Ground (C)(10)
Ground (C)(10) itself entitles the moving party to 'judgment or partial judgment as a matter of law,' so partial summary disposition does not require a separate procedural vehicle (MCR 2.116(C)(10)).
Combined Motion and Brief Limited to 20 Pages
The motion and supporting brief combined may not exceed 20 pages, double spaced, exclusive of attachments and exhibits (MCR 2.119(A)(2)(a)).