Motion for Summary Disposition
(Plaintiff's Failure to State a Claim) (MI)

Summary

This template is a defendant's motion for summary disposition in a Michigan civil action, based on failure of the plaintiff's complaint to state a claim on which relief can be granted. This template includes practical guidance and drafting notes. A motion under MCR 2.116(C)(8) for summary disposition based on a failure to state a claim on which relief can be granted tests the legal sufficiency of the complaint. In deciding the motion, the court will consider only the pleadings. MCR 2.116(G)(5); Veritas Auto & Machinery LLC v. FCA Int'l Operations LLC, 335 Mich App 602 (2021); Jackson Cty. Drain Comm'r v. Vill. of Stockbridge, 270 Mich. App. 273, 278, 717 N.W.2d 391 (2006). For purposes of the motion, the court will accept all factual allegations of the challenged pleading and reasonable inferences supporting the claim or defense as true, and the court will construe those allegations and inferences in favor of the nonmoving party. See Adair v. State, 470 Mich. 105, 119, 680 N.W.2d 386 (2004); Owczarek v. State, 276 Mich. App. 602, 609, 742 N.W.2d 380 (2007). Although most motions for summary disposition require affidavits or other evidence in support of the motion, some grounds, including specifically failure to state a claim on which relief can be granted, are based on the pleadings alone. See MCR 2.116(G)(5). Thus, the motion need not and normally should not be accompanied by an affidavit. See MCR 2.116(G)(2). The motion should comply with the general requirements for motions generally and motions for summary disposition specifically, as well as the general format rules 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, the motion should be accompanied by a brief in support of the motion addressing the legal issues raised and notice of hearing. See MCR 2.119(A)(2), (3). As mentioned above, the court, in ruling on the motion, must accept all factual allegations of the complaint as true. Therefore, the brief accompanying the motion should provide legal argument demonstrating that, even assuming all the facts alleged in the complaint are true, the complaint nevertheless does not state a viable claim for relief. Depending on the nature of the substantive claims alleged, this argument may take several forms, including among others: • Even if all factual allegations are true, the plaintiff has failed to sufficiently allege the existence of one or more essential elements of a claim. • The complaint on its faces establishes a complete defense to the alleged cause of action. • Under the applicable law, no cause of action exists for the facts alleged. • The plaintiff seeks relief under a statute that does not provide for a private cause of action. When drafting the brief, be sure to take note of the page limitations that apply to all motions and accompanying briefs. See MCR 2.119(A)(2)(a) (motion and accompanying brief combined may not exceed 20 pages double spaced, exclusive of attachments and exhibits, unless otherwise permitted by court). If the issues raised by the motion are particularly complex, you may wish to consider requesting in advance that the court grant relief from the general page limits. 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. A motion for summary disposition under MCR 2.116(C)(8) for failure to state a claim may be raised at any time, unless a period in which to file dispositive motions is established under a scheduling order entered pursuant to MCR 2.401. It is within the trial court's discretion to allow such a motion to be considered if the motion is filed after the deadline for filing dispositive motions. MCR 2.116(D)(4). Note, however, that if you bring this motion before answering the complaint, be sure to include the defenses of lack of personal jurisdiction, insufficiency of process, and insufficiency of service of process, if applicable to the case. Those three defenses are waived if not asserted in the answer or in the defendant's first motion under MCR 2.116, whichever is filed first. MCR 2.116(D)(1). Unless a different period is set by the court, a written motion under MCR 2.116 with 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)(8), see Motion for Dismissal or Summary Disposition for Failure to State a Claim: Making the Motion (MI). For additional discussion of summary disposition procedures generally, see Summary Disposition Fundamentals (MI).