Motion for Adjournment of Hearing
(MI)

Summary

This template is a motion for adjournment or postponement of a hearing in a Michigan civil action. It is drafted for use in requesting adjournment or postponement of a hearing on a pretrial motion but may be adapted for use in requesting adjournment or postponement of a trial or alternative dispute resolution proceeding. The same rule governs adjournments of all those types of proceedings. See MCR 2.503(A). This template includes practical guidance and drafting notes. Unless the court allows otherwise, a request for an adjournment must be by motion or stipulation made in writing or orally in open court based on good cause. MCR 2.503(B)(1). To establish good cause, a party must show a legally sufficient or substantial reason. In other contexts, the Michigan Supreme Court has defined “good cause” as meaning a satisfactory, sound or valid reason. Charter Twp. of Ypsilanti v. Dahabra, 338 Mich. App. 287, 292 (2021) (this opinion is uncorrected and subject to revision before publication in the Michigan Court of Appeals reports) (court may grant motion on good cause and to promote the cause of justice. Defendant provided a legally sufficient, substantial reason where defendant was impoverished and thus had difficulty retaining an attorney, significant interests were at stake and the matter had taken place during the height of the pandemic). A motion or stipulation for adjournment must state: • Which party is requesting the adjournment • The reason for the adjournment –and– • Whether other adjournments have been granted in the proceeding and, if so, the number granted MCR 2.503(B)(2). The motion should also comply with the general format and content requirements for motions and other documents filed in court. For discussion, see Motion Practice Fundamentals (MI). See also Formatting Rules in Court Checklist (MI). Thus, if any legal issues are raised by the motion (somewhat rare in the case of a motion for adjournment of a motion hearing but more likely in the case of a trial adjournment), the motion should be accompanied by a brief addressing those issues. The motion should also be accompanied by an affidavit supporting any factual assertions made in the motion and accompanying brief and by a notice of hearing on the motion. See MCR 2.119(A), (B). In addition to the statewide rules, many individual courts have specific rules governing motion practice, including the format and contents of motions. Be sure to consult these rules and modify this template as appropriate. This template incorporates the Wayne County circuit court's requirement that the moving party contact the opposing party and attempt to obtain the opposing party's concurrence in the relief set forth in the motion. See Mich. 3rd Jud. Dist. Cir. Ct. R. 2.119(B)(2). The motion and supporting documents should be filed with the court and served on the attorneys for all parties to the action (or directly on any unrepresented party). See MCR 2.107(B), (C). Unless another time is set by the court, the motion should be served: • Nine days before the date set for the hearing on the motion, if served by first class mail –or– • Seven days before the date set for the hearing on the motion, if served by delivery under MCR 2.107(C)(1) or (2) or MCR 1.109(G)(6)(a) (e-service) MCR 2.119(C)(1). Unless the court sets a different time, the motion must be filed at least seven days before the hearing. MCR 2.119(C)(4). For discussion of service and filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). If the court grants an adjournment, it may impose costs and conditions. When an adjournment is granted conditioned on payment of costs, the costs may be taxed summarily to be paid on demand of the adverse party or the adverse party's attorney, and the adjournment may be vacated if nonpayment is shown by written statement verified under MCR 1.109(D)(3). MCR 2.503(D)(2).