Rule 2.119. Motion Practice

(A) Form of Motions.

(1) An application to the court for an order in a pending action must be by motion.

Unless made during a hearing or trial, a motion must

(a) be in writing,

(b) state with particularity the grounds and authority on which it is based,

(c) state the relief or order sought, and

(d) be signed by the party or attorney as provided in MCR 1.109(D)(3) and (E).

(2) A motion or response to a motion that presents an issue of law must be accompanied

by a brief citing the authority on which it is based, and must comply with the

provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals

opinions.

(a) Except as permitted by the court, the combined length of any motion and brief,

or of a response and brief, may not exceed 20 pages double spaced, exclusive of

attachments and exhibits.

(b) Except as permitted by the court or as otherwise provided in these rules, no

reply briefs, additional briefs, or supplemental briefs may be filed.

(c) Quotations and footnotes may be single-spaced. At least one-inch margins must

be used, and printing shall not be smaller than 12-point type.

(d) Except where electronic filing has been implemented, a copy of a motion or

response (including brief) filed under this rule must be provided by counsel to

the office of the judge hearing the motion. The judge's copy must be clearly

marked JUDGE’S COPY on the cover sheet; that notation may be handwritten.

Chapter 2. Civil Procedure

Where electronic filing has been implemented, a judge’s copy shall not be

required.

(3) A motion and notice of the hearing on it may be combined in the same document.

(4) If a contested motion is filed after rejection of a proposed order under subrule (D), a

copy of the rejected order and an affidavit establishing the rejection must be filed

with the motion.

(B) Form of Affidavits.

(1) If an affidavit is filed in support of or in opposition to a motion, it must:

(a) be made on personal knowledge;

tice of the hearing on it may be combined in the same document.

(4) If a contested motion is filed after rejection of a proposed order under subrule (D), a

copy of the rejected order and an affidavit establishing the rejection must be filed

with the motion.

(B) Form of Affidavits.

(1) If an affidavit is filed in support of or in opposition to a motion, it must:

(a) be made on personal knowledge;

(b) state with particularity facts admissible as evidence establishing or denying the

grounds stated in the motion; and

(c) show affirmatively that the affiant, if sworn as a witness, can testify

competently to the facts stated in the affidavit.

(2) Sworn or certified copies of all documents or parts of documents referred to in an

affidavit must be attached to the affidavit unless the documents:

(a) have already been filed in the action;

(b) are matters of public record in the county in which the action is pending;

(c) are in the possession of the adverse party, and this fact is stated in the affidavit

or the motion; or

(d) are of such nature that attaching them would be unreasonable or impracticable,

and this fact and the reasons are stated in the affidavit or the motion.

(C) Time for Service and Filing of Motions and Responses.

(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 9 days before the time set for the hearing, if served by first-class mail, or

(b) at least 7 days before the time set for the hearing, if served by delivery under

MCR 2.107(C)(1) or (2) or MCR 1.109(G)(6)(a).

(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 5 days before the hearing, if served by first-class mail, or

days before the time set for the hearing, if served by delivery under

MCR 2.107(C)(1) or (2) or MCR 1.109(G)(6)(a).

(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 5 days before the hearing, if served by first-class mail, or

(b) at least 3 days before the hearing, if served by delivery under MCR 2.107(C)(1)

or (2) or MCR 1.109(G)(6)(a).

(3) If the court sets a different time for serving a motion or response its authorization

must be endorsed in writing on the face of the notice of hearing or made by separate

order.

Chapter 2. Civil Procedure

(4) Unless the court sets a different time, a motion must be filed at least 7 days before

the hearing, and any response to a motion required or permitted by these rules must

be filed at least 3 days before the hearing.

(D) Uncontested Orders.

(1) Before filing a motion, a party may serve on the opposite party a copy of a proposed

order and a request to stipulate to the court's entry of the proposed order.

(2) On receipt of a request to stipulate, a party may

(a) stipulate to the entry of the order by signing the following statement at the end

of the proposed order: “I stipulate to the entry of the above order”; or

(b) waive notice and hearing on the entry of an order by signing the following

statement at the end of the proposed order: “Notice and hearing on entry of the

above order is waived.”

A proposed order is deemed rejected unless it is stipulated to or notice and hearing

are waived within 7 days after it is served.

(3) If the parties have stipulated to the entry of a proposed order or waived notice and

hearing, the court may enter the order. If the court declines to enter the order, it shall

notify the moving party that a hearing on the motion is required. The matter then

proceeds as a contested motion under subrule (E).

is stipulated to or notice and hearing

are waived within 7 days after it is served.

(3) If the parties have stipulated to the entry of a proposed order or waived notice and

hearing, the court may enter the order. If the court declines to enter the order, it shall

notify the moving party that a hearing on the motion is required. The matter then

proceeds as a contested motion under subrule (E).

(4) The moving party must serve a copy of an order entered by the court pursuant to

subrule (D)(3) on the parties entitled to notice under MCR 2.107, or notify them that

the court requires the matter to be heard as a contested motion.

(5) Notwithstanding the provisions of subrule (D)(3), stipulations and orders for

adjournment are governed by MCR 2.503.

(E) Contested Motions.

(1) Contested motions should be noticed for hearing at the time designated by the court

for the hearing of motions. A motion will be heard on the day for which it is noticed,

unless the court otherwise directs. If a motion cannot be heard on the day it is

noticed, the court may schedule a new hearing date or the moving party may

renotice the hearing.

(2) When a motion is based on facts not appearing of record, the court may hear the

motion on affidavits presented by the parties, or may direct that the motion be heard

wholly or partly on oral testimony or deposition.

(3) A court may, in its discretion, dispense with or limit oral arguments on motions, and

may require the parties to file briefs in support of and in opposition to a motion.

(4) Appearance at the hearing is governed by the following:

(a) A party who, pursuant to subrule (D)(2), has previously rejected the proposed

order before the court must either

(i)

appear at the hearing held on the motion, or

Chapter 2. Civil Procedure

(ii) before the hearing, file a response containing a concise statement of

reasons in opposition to the motion and supporting authorities.

A party who fails to comply with this subrule is subject to assessment of costs

under subrule (E)(4)(c).

(2), has previously rejected the proposed

order before the court must either

(i)

appear at the hearing held on the motion, or

Chapter 2. Civil Procedure

(ii) before the hearing, file a response containing a concise statement of

reasons in opposition to the motion and supporting authorities.

A party who fails to comply with this subrule is subject to assessment of costs

under subrule (E)(4)(c).

(b) Unless excused by the court, the moving party must appear at a hearing on the

motion. A moving party who fails to appear is subject to assessment of costs

under subrule (E)(4)(c); in addition, the court may assess a penalty not to

exceed $100, payable to the clerk of the court.

(c) If a party violates the provisions of subrule (E)(4)(a) or (b), the court shall

assess costs against the offending party, that party's attorney, or both, equal to

the expenses reasonably incurred by the opposing party in appearing at the

hearing, including reasonable attorney fees, unless the circumstances make an

award of expenses unjust.

(F) Motions for Rehearing or Reconsideration.

(1) Unless another rule provides a different procedure for reconsideration of a decision

(see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the

decision on a motion must be served and filed not later than 21 days after entry of an

order deciding the motion.

(2) No response to the motion may be filed, and there is no oral argument, unless the

court otherwise directs.

(3) Generally, and without restricting the discretion of the court, a motion for rehearing

or reconsideration which merely presents the same issues ruled on by the court,

either expressly or by reasonable implication, will not be granted. The moving party

must demonstrate a palpable error by which the court and the parties have been

misled and show that a different disposition of the motion must result from

correction of the error.

(G) Motion Fees. The following provisions apply to actions in which a motion fee is

required:

e same issues ruled on by the court,

either expressly or by reasonable implication, will not be granted. The moving party

must demonstrate a palpable error by which the court and the parties have been

misled and show that a different disposition of the motion must result from

correction of the error.

(G) Motion Fees. The following provisions apply to actions in which a motion fee is

required:

(1) A motion fee must be paid on the filing of any request for an order in a pending

action, whether the request is entitled “motion,” “petition,” “application,” or

otherwise.

(2) The clerk shall charge a single motion fee for all motions filed at the same time in an

action regardless of the number of separately captioned documents filed or the

number of distinct or alternative requests for relief included in the motions.

(3) A motion fee may not be charged:

(a) in criminal cases;

(b) for a notice of settlement of a proposed judgment or order under MCR

2.602(B);

(c) for a request for an order waiving fees under MCR 2.002 or MCL 600.2529(4)

or MCL 600.8371(6);

Chapter 2. Civil Procedure

(d) if the motion is filed at the same time as another document in the same action as

to which a fee is required; or

(e) for entry of an uncontested order under subrule (D).

Subchapter 2.200 Parties; Joinder of Claims and Parties; Venue; Transfer of

Actions