Motion for Summary Disposition
(No Genuine Issue of Fact and Moving Party Entitled to Judgment as Matter of Law) (MI)

Summary

This template illustrates the general format and structure of a motion for summary disposition in a Michigan civil action, pursuant to MCR 2.116(C)(10), on the ground that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. This template includes practical guidance and drafting notes. A party may file a motion for summary disposition as to less than all claims or counterclaims, and this template may be adapted for that purpose. See MCR 2.116(B)(1), (J)(1). A motion for summary adjudication based on MCR 2.116(C)(10) may be made at any time, unless a period in which to file dispositive motions is established under a scheduling order entered pursuant to MCR 2.401. If the motion is filed after the deadline for filing dispositive motions, it is within the trial court's discretion to allow the motion to be considered A motion based on MCR 2.116(C)(10) must specifically identify the issues as to which the moving party believes there is no genuine issue of material fact. MCR 2.116(G)(4). The motion should comply with the general requirements for motions generally and for summary disposition motions specifically, as well as the general format requirements for other documents filed in court. See MCR 1.109(D)(1), 2.116(G)(1), 2.119. For discussion, see Motion Practice Fundamentals (MI). See also Formatting Rules in Court Checklist (MI). Thus,he motion should be accompanied by a brief setting forth legal argument showing that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. When drafting the brief, be sure to take note of the page limitations that apply to all motions and accompanying briefs. Except as otherwise permitted by the court, a motion may be rejected by the court if the combined length of the motion and brief exceeds 20 pages, double spaced, exclusive of attachments and exhibits. See MCR 2.119(A)(2)(a). Because summary disposition motions are frequently complex, the default page limitation may be particularly difficult to comply with in the case of motions for summary disposition. Parties whose motions are rejected may need to file a motion to refile or to file a late motion if the deadline for dispositive motions has since passed. You may want to consider filing a motion in advance for relief from the page limitation. In addition, the motion must be accompanied by one or more affidavits and/or other evidence (e.g., discovery responses, opposing party admissions) establishing the absence of a genuine issue of material fact. See MCR 2.116(G)(2), (3)(b), 2.119(B). The motion should also be accompanied by a notice of hearing on the motion. See MCR 2.119(A)(3). In addition to the statewide rules, some individual courts have specific local rules governing motion practice, including the format and contents of motions. Counsel should consult these rules and modify this template as appropriate. Unless a different period is set by the court, the motion, supporting brief, and any affidavits must be filed and served at least 21 days before the time set for the hearing on the motion. MCR 2.116(G)(1)(a)(i). Note that this is a substantially longer period than the period applicable to most other motions. See MCR 2.119(C)(1) (seven or nine days, depending on method of service). In addition, a copy of the summary disposition motion (including brief) must be provided by counsel to the office of the judge hearing the motion. The judge's copy must be clearly marked JUDGE'S COPY on the cover sheet; that notation may be handwritten. MCR 2.116(G)(1)(c). For discussion of service and filing procedures generally, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). For further discussion of motions for summary disposition under MCR 2.116(C)(10), see Summary Disposition for Lack of Genuine Issue of Fact: Making the Motion (MI). For additional discussion of summary disposition procedures generally, see Summary Disposition Fundamentals (MI).