Motion for Leave to File Amended Pleading
(MI)

Summary

This template is a motion for leave to file an amended pleading in a Michigan civil action. This template includes practical guidance and drafting notes. A party may amend a pleading once as a matter of course within 14 days after being served with a responsive pleading by an adverse party, or within 14 days after serving the pleading if it does not require a responsive pleading. MCR 2.118(A)(1). Otherwise, a party may amend a pleading only by leave of the court or by written consent of the adverse party. MCR 2.228(A)(2). Thus, if the time for amending a pleading as a matter of course has passed, you must file a written motion requesting leave to file an amended pleading, unless the adverse party consents to the amendment. MCR 2.118(A)(2) states that "leave [to amend] shall be freely given when justice so requires." Thus, the motion should state the reasons why the proposed amendment will further justice. In addition, the motion should provide a reason why any delay in adding claims is excusable to avoid the potential imposition of sanctions in the form of costs caused to the opposing party by the delay. See MCR 2.118(A)(3). 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, the motion should be accompanied by a brief addressing any legal issues raised by the motion, supporting affidavits if appropriate, and a hearing notice, as well as a copy of the proposed amended pleading. See MCR 2.119(A)(3), (B), (C)(1). In addition to the statewide rules, some individual courts have specific rules governing motion practice, including the format and contents of motions. Counsel should 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 served on the attorneys for all parties to the action (or directly on any unrepresented party). See MCR 2.107(B), 2.209(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 on the motion. MCR 2.119(C)(4). For discussion of service and filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). For additional discussion of the procedures and requirements for amending pleadings, see Amending or Supplementing Pleadings (MI).