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Michigan Motion to Dismiss

In Michigan you move for summary disposition under MCR 2.116(C)(8) on the pleadings or (C)(10).

Introduction

Michigan does not use "motion to dismiss" terminology. The vehicle that does the same work is the motion for summary disposition under MCR 2.116(C), a single motion that sweeps together the grounds that elsewhere are split across Rule 12(b) motions and summary judgment. MCR 2.116(C) lists ten grounds, and the one you cite controls how the motion is decided. The failure-to-state-a-claim analog is (C)(8), "the opposing party has failed to state a claim on which relief can be granted," which is tested on the pleadings alone. By contrast, (C)(10) argues there is no genuine issue as to any material fact and is decided on affidavits, depositions, admissions, and other documentary evidence under MCR 2.116(G). Jurisdiction, process, and service defects are (C)(1) through (C)(7). A defendant generally raises summary disposition within the same window as the answer: 21 days after personal service in Michigan, or 28 days if served outside Michigan or by registered mail, under MCR 2.108(A)(1). The motion must be in writing and accompanied by a supporting brief citing authority, and the combined length of the motion and brief may not exceed 20 pages under MCR 2.119(A). File it in the trial court where the action is pending. DocDraft drafts a Michigan-formatted motion for summary disposition from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Michigan's pre-answer challenge to a complaint is a motion for summary disposition under MCR 2.116(C), not a federal-style motion to dismiss. The same motion covers grounds that are split across Rule 12(b) and summary judgment in other systems.

  2. 2

    MCR 2.116(C) enumerates ten grounds. The failure-to-state-a-claim analog is (C)(8), decided on the pleadings alone, while (C)(10) argues there is no genuine issue of material fact and is decided on documentary evidence; jurisdiction, process, and service defects are (C)(1) through (C)(7).

  3. 3

    Summary disposition is generally raised in the same window as the answer: 21 days after personal service in Michigan, or 28 days if served outside Michigan or by registered mail, under MCR 2.108(A)(1). A summary disposition motion can stand in place of the answer within that window.

  4. 4

    Timing under MCR 2.116(D) is ground-specific. If the court denies a motion based on a waivable ground, the case proceeds; subject-matter jurisdiction under (C)(4) and the (C)(8), (C)(9), and (C)(10) grounds may be raised at any time unless a scheduling order sets a cutoff for dispositive motions.

  5. 5

    A supporting brief is required: a motion that presents an issue of law must be accompanied by a brief citing authority under MCR 2.119(A). The combined length of the motion and brief may not exceed 20 pages double-spaced unless the court permits otherwise.

  6. 6

    The most common ground is failure to state a claim on which relief can be granted, which is subsection (C)(8) of MCR 2.116. It tests only the legal sufficiency of the pleadings, accepting the well-pleaded allegations as true, and is decided without documentary evidence.

  7. 7

    File the motion in the trial court where the action is pending: the District Court for civil claims up to $25,000, or the Circuit Court for claims over $25,000, with the clerk of the court named in the summons caption.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

STATE OF MICHIGAN IN THE [CIRCUIT / DISTRICT] COURT FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Hon. [JUDGE NAME]

MOTION FOR SUMMARY DISPOSITION

[MCR 2.116(C)]

NOW COMES Defendant [DEFENDANT NAME], by and through [counsel / in propria persona], and moves this Court for summary disposition of Plaintiff's Complaint under MCR 2.116(C), stating as follows:

  1. Plaintiff filed a Complaint against Defendant on [DATE].

  2. Defendant moves for summary disposition on the following ground(s) under MCR 2.116(C):

    [ ] (C)(8): The opposing party has failed to state a claim on which relief can be granted. This ground is tested on the pleadings alone, accepting the well-pleaded allegations as true.

    [ ] (C)(10): 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 as a matter of law. This ground is supported by the affidavits, depositions, admissions, and other documentary evidence identified below, per MCR 2.116(G).

    [ ] Other ground under MCR 2.116(C)(1)-(C)(7): [specify, e.g., lack of jurisdiction over the person, insufficient process or service, lack of subject-matter jurisdiction, lack of legal capacity, another pending action, or a defense such as release, prior judgment, immunity, or the statute of limitations].

  3. The grounds and authority for this motion are stated with particularity in the accompanying brief, which is filed concurrently as required by MCR 2.119(A).

WHEREFORE, Defendant respectfully requests that this Court grant summary disposition in Defendant's favor, dismiss Plaintiff's Complaint, and grant such other relief as the Court deems just.

BRIEF IN SUPPORT OF MOTION FOR SUMMARY DISPOSITION

I. INTRODUCTION This brief supports Defendant's motion for summary disposition under MCR 2.116(C). It is filed because a motion presenting an issue of law must be accompanied by a brief citing authority under MCR 2.119(A). The combined length of the motion and brief does not exceed 20 pages double-spaced.

II. STATEMENT OF FACTS [Summarize the allegations of the Complaint as relevant to the ground(s) raised. For a (C)(10) motion, cite the supporting affidavits, depositions, admissions, or other documentary evidence.]

III. STANDARD OF REVIEW A motion under MCR 2.116(C)(8) tests the legal sufficiency of the complaint on the pleadings alone, accepting all well-pleaded factual allegations as true. A motion under MCR 2.116(C)(10) tests whether there is a genuine issue of material fact and is decided on the documentary evidence submitted under MCR 2.116(G).

IV. ARGUMENT [State the legal basis for each ground. For (C)(8), explain why the Complaint, even if true, fails to state a claim on which relief can be granted. For (C)(10), explain why the documentary evidence shows no genuine issue of material fact.]

V. CONCLUSION For the foregoing reasons, Defendant respectfully requests that the Court grant summary disposition.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Attorney for Defendant / Defendant in propria persona]

PROOF OF SERVICE

I declare that I served the foregoing MOTION FOR SUMMARY DISPOSITION and BRIEF IN SUPPORT on the parties listed below by [method of service] on [DATE], in accordance with the Michigan Court Rules.

[NAME OF PERSON SERVING]

[A proposed order is typically a local-court-rule matter in Michigan; no statewide rule requires one to accompany a summary disposition motion. Check the filing court's local rules for proposed-order, formatting, and e-filing requirements.]

Michigan Requirements for Motion to Dismiss

Raise summary disposition within the answer window

A motion for summary disposition is generally raised in the same window as the answer: 21 days after personal service in Michigan, or 28 days if served outside Michigan or by registered mail, under MCR 2.108(A)(1). A summary disposition motion can stand in place of the answer within that window.

Confirm the ground-specific timing under MCR 2.116(D)

Under MCR 2.116(D), jurisdiction, process, and service grounds (C)(1)-(C)(3) must be raised in the first motion or responsive pleading or are waived. Subject-matter jurisdiction (C)(4) and the (C)(8), (C)(9), and (C)(10) grounds may be raised at any time unless a scheduling order sets a cutoff for dispositive motions.

Select the ground under MCR 2.116(C)

MCR 2.116(C) lists ten grounds for summary disposition, (C)(1) through (C)(10). The failure-to-state-a-claim analog is (C)(8); the no-genuine-issue-of-material-fact ground is (C)(10); jurisdiction, process, service, capacity, prior action, and defenses such as immunity and the statute of limitations are (C)(1) through (C)(7).

Match the ground to how it is decided

A motion under (C)(8) is tested on the pleadings alone, accepting the well-pleaded allegations as true. A motion under (C)(10) argues there is no genuine issue as to any material fact and must be supported by affidavits, depositions, admissions, or other documentary evidence under MCR 2.116(G).

File a written motion stating the grounds with particularity

Unless made during a hearing or trial, the motion must be in writing, state with particularity the grounds and authority on which it is based, state the relief sought, and be signed as provided in MCR 1.109(D)(3) and MCR 1.109(E).

Attach a supporting brief within the 20-page limit

A motion that presents an issue of law must be accompanied by a brief citing authority under MCR 2.119(A). The combined length of the motion and brief may not exceed 20 pages double-spaced unless the court permits otherwise; quotations and footnotes may be single-spaced, with at least one-inch margins and type no smaller than 12-point.

File in the trial court where the action is pending

File the motion in the trial court where the action is pending: the District Court for civil claims up to $25,000, or the Circuit Court for claims over $25,000, with the clerk of the court named in the summons caption.

Serve the motion and check local rules

Serve the motion and supporting brief on the opposing party and file proof of service. Whether a proposed order must accompany the motion is typically a local-court-rule matter in Michigan; no statewide rule requires one, so confirm proposed-order and e-filing requirements against the filing court's local rules.

Frequently Asked Questions

Michigan does not use a motion to dismiss. The equivalent is a motion for summary disposition under MCR 2.116(C). You file a written motion stating the specific ground, such as (C)(8) for failure to state a claim or (C)(10) for no genuine issue of material fact, accompanied by a brief citing authority under MCR 2.119(A), in the trial court where the action is pending.

A motion for summary disposition is generally raised in the same window as the answer: 21 days after personal service in Michigan, or 28 days if served outside Michigan or by registered mail, under MCR 2.108(A)(1). Under MCR 2.116(D), the (C)(8) and (C)(10) grounds may be raised at any time unless a scheduling order sets a cutoff for dispositive motions.

MCR 2.116(C) lists ten grounds for summary disposition, including lack of personal or subject-matter jurisdiction, insufficient process or service, lack of legal capacity to sue, another pending action, and defenses such as release, prior judgment, immunity, or the statute of limitations. The failure-to-state-a-claim ground is (C)(8); the no-genuine-issue-of-material-fact ground is (C)(10).

Both are grounds for summary disposition, but they are decided differently. A motion under (C)(8) tests only the legal sufficiency of the pleadings, accepting the well-pleaded allegations as true, and is decided on the pleadings alone. A motion under (C)(10) argues there is no genuine issue as to any material fact and is decided on affidavits, depositions, admissions, and other documentary evidence under MCR 2.116(G).

If the court denies a motion for summary disposition, the case proceeds and the defendant files an answer or continues litigating on the schedule the court sets. Under MCR 2.116(D), subject-matter jurisdiction under (C)(4) and the (C)(8), (C)(9), and (C)(10) grounds may be raised again at any time unless a scheduling order sets a cutoff for dispositive motions.

File the motion for summary disposition in the trial court where the action is pending. In Michigan that is the District Court for civil claims up to $25,000, or the Circuit Court for claims over $25,000. The motion is filed with the clerk of the court named in the caption of the summons.