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  1. #1
    Join Date
    Jun 2015
    Posts
    8

    Default How to Properly File a Motion in a Civil Lawsuit

    My question involves court procedures for the state of: Michigan

    When filing a motion:
    1. The filer's motion gets heard first. Correct?
    2. The respondent's motion gets heard in RELATION to the filer's. Correct?
    3. If filer files a "withdraw" to motion that relates to all of respondent's requests, the portion of motion should NOT be recognized?

    Basically I am asking what is the order of procedure/precedence in regard to motions being listened to?

    I thought that a "judge" had to listen to what is requested based on what the original motion and that a responding motion is only relevant because of initial filer's motion?

    If i am correct please provide the MCL rules of court conduct.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Process

    a respondent does not file a motion in response to the other party filing a motion. Depending on the motion, they could take various actions or no action.

    If the respondent filed a motion for some reason, then it is a motion and is read regardless what the first party that filed does in regards to their motion.

    if the first party withdraws their motion, then any response would be moot. The court would often not waste their time reading it since the response is only pertinent as a response to the original motion.

    so you need to get your terms straight to start with. Did the second party file a motion or a response of some sort?

  3. #3
    Join Date
    Oct 2014
    Posts
    7,298

    Default Re: How to Properly File a Motion in a Civil Lawsuit

    It would help to have some specific facts here. What motion was filed and what was the other party’s response to it? For most motions, the responding party simply files a reply to the motion stating his/her arguments for why the motion should not be granted. The judge would look at the motion and the reply (and any information that came out of any hearing held on the motion) and make a decision.

    When there are multiple motions pending before the court, there is for the most part no set in order in which the judge must consider them. The judge decides that based on what he/she thinks will best facilitate resolution of the case.

  4. #4
    Join Date
    Jun 2015
    Posts
    8

    Default Re: Process

    thank you for answering.

    Sorry i did get my terms wrong it was spell check.

    So yes. The first motion was filed....THAN the other party filed a "response to motion".

    But if the "withdraw" was filed and responses to now withdrawn motion are related to "withdraw" then responses are not to be heard?

    Is there RULES...articles..what not?

  5. #5
    Join Date
    Mar 2013
    Posts
    16,955

    Default Re: Process

    Quote Quoting bugsnmi
    View Post

    Is there RULES...articles..what not?
    Here's a link to Michigan court rules:

    http://courts.mi.gov/Courts/Michigan...urt-rules.aspx

  6. #6
    Join Date
    Jun 2015
    Posts
    8

    Default Re: Process

    yes I found that. . it's a mess to find things. I meant like in the http://www.legislature.mi.gov/%28S%2...MCLBasicSearch (????)

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