Motion for Transfer to Court with Subject Matter Jurisdiction
(MI)

Summary

This template may be used by a defendant to request transfer of a civil action to another Michigan court based on the current court's lack of jurisdiction over the subject matter of the litigation. This template includes practical guidance, drafting notes, and an optional clause. MCR 2.227 permits a Michigan court that lacks subject matter jurisdiction over a civil action to transfer the action to another Michigan court that does have jurisdiction. A party will often use this rule when it seeks to remove a case from circuit court to district court for failure to meet the jurisdictional amount in controversy. The rule requires the plaintiff to pay the statutory filing fee of the court to which the action is being transferred and to pay reasonable compensation for the defendant's expense, including reasonable attorney's fees, in attending the wrong court. MCR 2.227(2). MCR 2.227 also sets forth the procedures after the transfer, such as time requirements, service of process, and demand for jury trial. The procedures in MCR 2.227 apply when a defendant requests transfer of a case to the court of claims after the time to answer has expired from a court that lacks subject matter jurisdiction over the action because the court of claims has exclusive jurisdiction. See MCR 2.228(B)(2). This template may be adapted for use in that situation. The motion set out in this template should be accompanied by a supporting brief, one or more affidavits setting forth the facts in support of the motion, and a notice of hearing. See MCR 2.119(A)(2), (3), (B). This template includes a proof of service. For details on making motions in Michigan generally, see Motion Practice Fundamentals (MI). For a detailed discussion on subject matter jurisdiction in Michigan, see Subject Matter Jurisdiction (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). Note that subject matter jurisdiction is to be distinguished from venue. For details on venue and transferring venue, see Venue Rules (MI) and Motion to Transfer Venue: Making the Motion (MI).