Motion for More Definite Statement
(MI)

Summary

This template is a motion for more definite statement for use in responding to a complaint (or other pleading to which a responsive pleading is permitted) in a civil action in Michigan circuit court. This template includes practical guidance, drafting notes, and an optional clause. Under MCR 2.115(A), a party may request a court order to require the opposing party to provide further information about allegations in its pleading, where the allegations are so vague and ambiguous that they fail to meet the pleading requirements of MCR 2.110–2.112 and MCR 1.109(D). The purpose of the motion is to require the pleading party to clarify or enhance the information in its pleading so that the responding party can adequately prepare a response. For example, a defendant might move for a more definite statement if the plaintiff's complaint fails to reasonably inform the defendant of the nature of the plaintiff's claim. This template assumes the motion is made by a defendant requesting that the plaintiff clarify allegations in the complaint, which is the most common scenario, but any party may move for a more definite statement if a responsive pleading is permitted. Therefore, you may modify this template to request a more definite statement as to a counterclaim, crossclaim, third-party complaint, or answer demanding a reply. MCR 2.110(B). The motion should describe the defect with specificity, as well as the nature of the additional details you are requesting. You must file the motion before filing a responsive pleading. MCR 2.115(A). You must also file the motion before expiration of the deadline for filing the responsive pleading, which, in the case of an answer, is 21 days after personal service of the summons and complaint on the defendant in the state or 28 days if the defendant was served personally out of state or by registered mail. MCR 2.108(A)(1), (2), (B). Consider combining the motion with any pre-answer motions you may have under MCR 2.116(C). The motion should be accompanied by affidavits, a brief, and notice of hearing. MCR 2.119(A)(2), (3), (B)(1), (C)(1). If the court grants the motion for more definite statement, you must serve and file the responsive pleading within 21 days after opposing party serves the more definite statement (assuming the party complies with the court's order and serves a more definite statement). See MCR 2.108(C)(4). If the opposing party fails to serve a more definite statement with 14 days after being ordered to do so (or within such other time as the court allows), the court may strike the opposing party's pleading or make such other order as it deems just. MCR 2.115(A). For more information on a motion for more definite statement, see Motion to Strike or for More Definite Statement: Making the Motion (MI). For a detailed discussion on motion practice in Michigan generally, see Motion Practice Fundamentals (MI). For a detailed discussion on responding to a complaint, see Answering the Complaint (MI). For general formatting, filing, and service requirements, see Formatting Rules in Court Checklist (MI) and Filing and Serving Documents Other Than Initial Complaint and Summons (MI).