Motion for Sanctions for Frivolous Pleadings and Papers: Making the Motion (MI)

Summary

This practice note discusses sanctions that may be imposed on a party to a civil action in a Michigan circuit court and/or on a party's attorney for filing frivolous pleadings, motions, or other documents. This note covers sanctions imposed under MCR 1.109(E) for violation of certain certifications that are implied by an attorney or party who signs any document filed in court, as well as statutory sanctions that may be awarded to a prevailing party under MCL § 600.2591 who opposes a frivolous civil action or defense. This note discusses the grounds and procedures for awarding such sanctions.