Michigan Court Rules (MCR): Civil Procedure & Litigation Guide

Civil litigation in Michigan requires strict adherence to procedural frameworks. Whether navigating a complex catastrophic injury, wrongful death, or civil rights claim, a comprehensive understanding of the core Michigan Court Rules is essential to protecting your legal rights and ensuring a favorable resolution. Below is a detailed examination of the core rules governing civil procedure.

Legal Disclaimer

As a courtesy to the public, THE SHIRAZ LAW FIRM, PLLC provides information and analysis regarding court rules utilized within Michigan. Please be advised of the following:

No Guarantee of Accuracy or Current Validity: Court rules are subject to frequent legislative and judicial amendment. THE SHIRAZ LAW FIRM, PLLC does not warrant or guarantee the completeness or current validity of any rule cited.
No Legal Advice or Representation: This content is provided for general informational purposes only and does not constitute legal advice or form an attorney-client relationship.
Limitation of Liability: THE SHIRAZ LAW FIRM, PLLC disclaims all liability arising from reliance upon the information provided on this site. You should consult a licensed trial attorney regarding specific legal questions.

Topic 1: MCR 2.117

Initiating Your Lawsuit: Appearances

When you file a lawsuit in Michigan for a personal injury, auto negligence, or civil rights claim, your attorney will formally "enter" the case by filing an appearance and your initial pleadings. To understand how parties formally enter a case, see:

Rule 2.117 Appearances

(A) Appearance by Party.

(1) A party may appear in an action by filing a notice of appearance with the court and serving a copy on all persons of record.
(2) The filing of a pleading or other paper constitutes an appearance by the party or attorney who signs it.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 2: MCR 2.105

Serving the Defendant: How a Lawsuit is Delivered

Once your complaint is filed, you (the plaintiff) must formally notify the defendants through proper service of process. For catastrophic injury or wrongful death cases, defendants range from private individuals to out-of-state trucking corporations. To understand how the at-fault parties are legally served, see:

Rule 2.105 Process; Manner of Service

(A) Individuals. Process may be served on a resident or nonresident individual by

(1) delivering a summons and a copy of the complaint to the defendant personally; or
(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).

(B) Individuals; Substituted Service. Service of process may be made

(1) on a nonresident individual, by (a) serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or servant of the defendant, and (b) sending a summons and a copy of the complaint by registered mail addressed to the defendant at his or her last known address;
(2) on a minor, by serving a summons and a copy of the complaint on a person having care and control of the minor and with whom he or she resides;
(3) on a defendant for whom a guardian or conservator has been appointed and is acting, by serving a summons and a copy of the complaint on the guardian or conservator;
(4) on an individual doing business under an assumed name, by (a) serving a summons and copy of the complaint on the person in charge of an office or business establishment of the individual, and (b) sending a summons and a copy of the complaint by registered mail addressed to the individual at his or her usual residence or last known address.

(C) Partnerships; Limited Partnerships. Service of process on a partnership or limited partnership may be made by

(1) serving a summons and a copy of the complaint on any general partner or agent for service of process; or
(2) serving a summons and a copy of the complaint on the person in charge of a partnership office or business establishment and sending a summons and a copy of the complaint by registered mail, addressed to a general partner or agent for service of process at his or her usual residence or last known address.

(D) Private Corporations, Domestic and Foreign. Service of process on a domestic or foreign corporation may be made by

(1) serving a summons and a copy of the complaint on an officer or the resident agent;
(2) serving a summons and a copy of the complaint on a director, trustee, or person in charge of an office or business establishment of the corporation and sending a summons and a copy of the complaint by registered mail, addressed to the principal office of the corporation;
(3) serving a summons and a copy of the complaint on the last presiding officer, president, cashier, secretary, or treasurer of a corporation that has ceased to do business by failing to keep up its organization by the appointment of officers or otherwise, or whose term of existence has expired;
(4) sending a summons and a copy of the complaint by registered mail to the corporation or an appropriate corporation officer and to the Michigan Corporations, Securities & Commercial Licensing Bureau, Corporation Division if (a) the corporation has failed to appoint and maintain a resident agent or to file a certificate of that appointment as required by law; (b) the corporation has failed to keep up its organization by the appointment of officers or otherwise; or (c) the corporation's term of existence has expired.

(E) Partnership Associations; Unincorporated Voluntary Associations. Service of process on a partnership association or an unincorporated voluntary association may be made by

(1) serving a summons and a copy of the complaint on an officer, director, trustee, agent, or person in charge of an office or business establishment of the association, and
(2) sending a summons and a copy of the complaint by registered mail, addressed to an office of the association. If an office cannot be located, a summons and a copy of the complaint may be sent by registered mail to a member of the association other than the person on whom the summons and complaint was served.

(F) Service on Insurer. To the extent that it is permitted by statute, service on an insurer may be satisfied by providing two summonses and a copy of the complaint to the Commissioner of the Office of Financial and Insurance Regulation via delivery or registered mail.

(G) Public Corporations. Service of process on a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, or public body may be made by serving a summons and a copy of the complaint on:

(1) the chairperson of the board of commissioners or the county clerk of a county;
(2) the mayor, the city clerk, or the city attorney of a city;
(3) the president, the clerk, or a trustee of a village;
(4) the supervisor or the township clerk of a township;
(5) the president, the secretary, or the treasurer of a school district;
(6) the president or the secretary of the Michigan State Board of Education;
(7) the president, the secretary, or other member of the governing body of a corporate body or an unincorporated board having control of a state institution;
(8) the president, the chairperson, the secretary, the manager, or the clerk of any other public body organized or existing under the constitution or laws of Michigan, when no other method of service is specially provided by statute.

The service of process may be made on an officer having substantially the same duties as those named or described above, irrespective of title. In any case, service may be made by serving a summons and a copy of the complaint on a person in charge of the office of an officer on whom service may be made and sending a summons and a copy of the complaint by registered mail addressed to the officer at his or her office.

(H) Limited Liability Company. Service of process on a limited liability company may be made by:

(1) serving a summons and a copy of the complaint on the managing member, the non-member manager, or the resident agent;
(2) serving a summons and a copy of the complaint on a member or other person in charge of an office or business establishment of the limited liability company and sending a summons and a copy of the complaint by registered mail, addressed to the registered office of the limited liability company.
(3) If a limited liability company fails to appoint or maintain an agent for service of process, or service under subsections (1) and (2) cannot be accomplished through the exercise of reasonable diligence, service of process may be made by delivering or mailing by registered mail to the administrator (pursuant to MCL 450.4102[2][a]) a summons and copy of the complaint.

(I) Agent Authorized by Appointment or by Law.

(1) Service of process on a defendant may be made by serving a summons and a copy of the complaint on an agent authorized by written appointment or by law to receive service of process.
(2) Whenever, pursuant to statute or court rule, service of process is to be made on a nongovernmental defendant by service on a public officer, service on the public officer may be made by registered mail addressed to his or her office.

(J) Discretion of the Court.

(1) On a showing that service of process cannot reasonably be made as provided by this rule, the court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.
(2) A request for an order under the rule must be made in a verified motion dated not more than 14 days before it is filed. The motion must set forth sufficient facts to show that process cannot be served under this rule and must state the defendant's address or last known address, or that no address of the defendant is known. If the name or present address of the defendant is unknown, the moving party must set forth facts showing diligent inquiry to ascertain it. A hearing on the motion is not required unless the court so directs.
(3) Service of process may not be made under this subrule before entry of the court's order permitting it.

(K) Jurisdiction; Range of Service; Effect of Improper Service.

(1) Provisions for service of process contained in these rules are intended to satisfy the due process requirement that a defendant be informed of an action by the best means available under the circumstances. These rules are not intended to limit or expand the jurisdiction given the Michigan courts over a defendant. The jurisdiction of a court over a defendant is governed by the United States Constitution and the constitution and laws of the State of Michigan. See MCL 600.701 et seq.
(2) There is no territorial limitation on the range of process issued by a Michigan court.
(3) An action shall not be dismissed for improper service of process unless the service failed to inform the defendant of the action within the time provided in these rules for service.

(L) Registered and Certified Mail.

(1) If a rule uses the term "registered mail," that term includes the term "certified mail," and the term "registered mail, return receipt requested" includes the term "certified mail, return receipt requested." However, if certified mail is used, the receipt of mailing must be postmarked by the post office.
(2) If a rule uses the term "certified mail," a postmarked receipt of mailing is not required. Registered mail may be used when a rule requires certified mail.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 3: MCR 2.108

How Long Does the Defendant Have to Answer Your Lawsuit?

The clock starts ticking the exact moment the defendant is served with your lawsuit. Failing to calculate this timeline accurately can delay your justice. For the statutory deadlines a defendant has to answer your complaint, see:

Rule 2.108 Time

(A) Time for Service and Filing of Pleadings.

(1) A defendant must serve and file an answer or take other action permitted by law or these rules within 21 days after being served with the summons and a copy of the complaint in Michigan.
(2) If service of the summons and a copy of the complaint is made outside Michigan, or if the manner of service used requires the summons and a copy of the complaint to be sent by registered mail addressed to the defendant, the defendant must serve and file an answer or take other action permitted by law or these rules within 28 days after service.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 4: MCR 2.603

What If the Defendant Ignores Your Lawsuit? Default Judgments

If the at-fault party misses their response deadline, you as the plaintiff can request an entry of Default. In cases involving severe injuries, a default effectively concedes the defendant's liability. To understand the legal standard required for a defendant to overturn it, see:

Rule 2.603 Default and Default Judgment

(D) Setting Aside Default or Default Judgment.

(1) A motion to set aside a default or a default judgment, except when grounded on lack of jurisdiction over the defendant, shall be granted only if good cause is shown and an affidavit of facts showing a meritorious defense is filed.
(2) Except as provided in MCR 2.612, if personal service was made on the party against whom the default was taken, the motion must be filed before entry of or within 21 days after the default judgment was entered.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 5: MCR 2.111

How the Defendant Must Answer Your Civil Complaint

When drafting their Answer, the defendant must explicitly address every single allegation you made in your complaint. This is also the specific time they must raise affirmative defenses against you, such as claiming comparative negligence. When analyzing a defendant's response, see:

Rule 2.111 General Rules of Pleading

As to each allegation on which the adverse party relies, a responsive pleading must

(1) state an explicit admission or denial;
(2) plead no contest; or
(3) state that the pleader lacks knowledge or information sufficient to form a belief as to the truth of an allegation, which has the effect of a denial.

(F) Defenses; Requirement That Defense Be Pleaded.

(3) Affirmative Defenses. Affirmative defenses must be stated in a party's responsive pleading, either as originally filed or as amended in accordance with MCR 2.118. Under a separate and distinct heading, a party must state the facts constituting (a) an affirmative defense, such as contributory negligence; the existence of an agreement to arbitrate; assumption of risk; payment; release; satisfaction; discharge; license; fraud; duress; estoppel; statute of frauds; statute of limitations; immunity granted by law; want or failure of consideration; or that an instrument or transaction is void, voidable, or cannot be recovered on by reason of statute or nondelivery; (b) a defense that by reason of other affirmative matter seeks to avoid the legal effect of or defeat the claim of the opposing party, in whole or in part; (c) a ground of defense that, if not raised in the pleading, would be likely to take the adverse party by surprise. A defense not asserted in the responsive pleading or by motion as provided by these rules is waived, except for the defenses of lack of jurisdiction over the subject matter of the action, and failure to state a claim on which relief can be granted.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 6: MCR 2.119

Filing and Responding to Motions & Timelines

General motion practice, such as our firm moving to compel hidden evidence from a trucking company or fighting to include an expert witness, operates on rigid filing schedules. Missing a deadline often results in the brief being excluded. For motion timelines, see:

Rule 2.119 Motion Practice

(1) Unless a different period is set by these rules or by the court for good cause, a written motion (other than one that may be heard ex parte), notice of the hearing on the motion, and any supporting brief or affidavits must be served as follows:
- (a) at least 7 days before the time set for the hearing, if served electronically or by delivery under MCR 2.107(C)(1) or (2); or
- (b) at least 9 days before the time set for the hearing, if served by mail under MCR 2.107(C)(3).
(2) Unless a different period is set by these rules or by the court for good cause, any response to a motion (including a brief or affidavits) required or permitted by these rules must be served as follows:
- (a) at least 3 days before the hearing, if served electronically or by delivery under MCR 2.107(C)(1) or (2); or
- (b) at least 5 days before the hearing, if served by mail under MCR 2.107(C)(3).

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 7: MCR 2.116

Motions for Summary Disposition: Protecting Your Right to Trial

Defendants often file a Motion for Summary Disposition asking the judge to dismiss your case before it ever reaches a jury. Successfully defeating these defense motions is often the highest hurdle to securing your compensation in catastrophic injury claims. See:

Rule 2.116 Summary Disposition

The motion may be based on one or more of these grounds, and must specify the grounds on which it is based:

(8) The opposing party has failed to state a claim on which relief can be granted.
(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 or partial judgment as a matter of law.

(G) Affidavits; Hearing.

(1)(a) Unless a different period is set by the court, (i) a written motion under this rule with supporting brief and any affidavits must be filed and served at least 21 days before the time set for the hearing, and (ii) any response to the motion (including brief and any affidavits) must be filed and served at least 7 days before the hearing.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 8: MCR 2.302

Michigan Civil Discovery: Uncovering the Truth

Discovery is the formal process we use to uncover the facts proving your severe injury or civil rights case—from obtaining crucial medical records to demanding hidden corporate safety manuals from the defense. Regarding what evidence is legally discoverable, see:

Rule 2.302 General Rules Governing Discovery

(B) Scope of Discovery.

(1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of another party, including the existence, description, nature, custody, condition, and location of books, documents, or other tangible things, or electronically stored information, as well as the identity and location of persons having knowledge of a discoverable matter.
It is not ground for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 9: MCR 2.309 - 2.312

Discovery Deadlines for Interrogatories & Admissions

When we serve the defense with Interrogatories or Requests for Admissions, failing to respond in time can result in severe sanctions against them. Specifically, ignored requests for admission become automatic admissions of fact in your favor. For discovery deadlines, see:

Rule 2.309 Interrogatories to Parties

(B)(2): The defendant may serve answers and objections within 28 days after service of the summons and complaint upon that defendant or within 28 days after service of the interrogatories, whichever is later.

Rule 2.312 Requests for Admission

(B)(1): Each matter of which an admission is requested is admitted unless, within 28 days after service of the request, or within a shorter or longer time as the court may allow, the party to whom the request is directed serves on the party requesting the admission a written answer or objection addressed to the matter.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 10: MCR 2.203

What Happens if the Defendant Blames You? Counterclaims

Sometimes, the at-fault party will try to turn the tables. If you sue following an auto accident and the other driver maintains you were actually at fault, they must assert their own claim for damages within that same lawsuit. For compulsory counterclaims, see:

Rule 2.203 Joinder of Claims, Counterclaims, and Cross-Claims

(A) Compulsory Joinder.

In a pleading that states a claim against an opposing party, the pleader must join every claim that the pleader has against that opposing party at the time of serving the pleading, if it arises out of the transaction or occurrence that is the subject matter of the action and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

Topic 11: MCR 1.109

The Risks of Representing Yourself as a Plaintiff

Michigan courts hold self-represented plaintiffs to the exact same statutory standards as licensed trial attorneys. Furthermore, every document you file carries legal consequences and potential sanctions. See:

Rule 1.109 Court Records Defined; Document Defined; Signatures

(E) Signatures.

(5) Effect of Signature. The signature of a person filing a document, whether or not represented by an attorney, constitutes a certification by the signer that: (a) he or she has read the document; (b) to the best of his or her knowledge, information, and belief formed after reasonable inquiry, the document is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and (c) the document is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(6) Sanctions for Violation. If a document is signed in violation of this rule, the court, on the motion of a party or on its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the document, including reasonable attorney fees.

Failing to adhere strictly to Michigan Court Rules can result in the forfeiture of your legal claims.

When Should You Hire a Michigan Trial Lawyer?

Procedural missteps cost litigants their cases every single day in Michigan courts. Shiraz Law Firm provides aggressive, detail-oriented representation for severe accidents, catastrophic injuries, brain and spine trauma, wrongful death, and civil rights violations.

Schedule a Consultation

Michigan Court Rules (MCR): Civil Procedure & Litigation Guide

Legal Disclaimer

Initiating Your Lawsuit: Appearances

Serving the Defendant: How a Lawsuit is Delivered

How Long Does the Defendant Have to Answer Your Lawsuit?

What If the Defendant Ignores Your Lawsuit? Default Judgments

How the Defendant Must Answer Your Civil Complaint

Filing and Responding to Motions & Timelines

Motions for Summary Disposition: Protecting Your Right to Trial

Michigan Civil Discovery: Uncovering the Truth

Discovery Deadlines for Interrogatories & Admissions

What Happens if the Defendant Blames You? Counterclaims

The Risks of Representing Yourself as a Plaintiff

When Should You Hire a Michigan Trial Lawyer?

LET'S CHAT – WE'RE ONLINE