How to Fill Out and File a Blank Michigan Motion Form (MC 326)

To file a motion in a Michigan court, you use the State Court Administrative Office (SCAO) form that matches your request when one exists, or draft your own motion following Michigan Court Rule 2.119, then serve the other party and file the motion with the clerk before your hearing date. SCAO-approved forms are free to download from the Michigan One Court of Justice website, and most Michigan courts now accept the completed motion through the MiFILE electronic filing system.

Pick the Right Form Before You Start Writing

Not every motion has a pre-printed template. MCR 2.119(A) requires that written motions state with particularity the grounds and authority for the request, state the relief sought, and be signed, but it does not mandate a specific template for every type of request.1Court Rules Network. Rule 2.119 Motion Practice When an SCAO form exists for what you’re asking, use it. Filing an outdated version, or skipping the SCAO form when one is required, can get your filing rejected by the clerk.2Michigan Courts. E-Filing in Michigan Courts Policies and Standards

The SCAO organizes forms by subject: general use (MC prefix), landlord-tenant and district court (DC prefix), domestic relations, Friend of the Court, probate, and others.3Michigan Courts. Forms If nothing on the SCAO index matches your request, draft the motion yourself using the format requirements below.

Common Motion Forms

Setting Aside a Default (MC 99)

If a default or default judgment was entered against you because you missed the deadline to answer or appear, Form MC 99 is what you file to ask the court to reopen the case.4Michigan Courts. Motion and Affidavit to Set Aside Default (Civil) The form has check boxes covering whether a default judgment has been entered, whether 21 days have passed, and whether you were personally served, plus a sworn affidavit section for your explanation. SCAO publishes step-by-step instructions with the form.5Michigan Courts. Instructions for Filing and Serving a Motion and Affidavit to Set Aside Default (Civil)

Installment Payments (MC 15)

Form MC 15 asks the court to let you pay a civil judgment in installments instead of by garnishment. It cites MCL 600.6201 as its authority and applies broadly to civil judgments, not just landlord-tenant cases.6Michigan Courts. Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments Note that even if the court grants installments, the plaintiff can still garnish bank accounts, seize property, or take your state income tax refund.7Michigan Courts. Instructions for Filing and Serving a Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments

Order to Show Cause and Contempt (MC 230)

Form MC 230 is used when you want the court to hold another party in contempt for violating a court order. You describe the violation with specific facts in the affidavit and ask the court to order the other party to appear and explain why they should not be found in civil or criminal contempt.8Michigan Courts. Motion, Affidavit, and/or Order to Show Cause The form warns that failing to appear for the contempt hearing may result in a bench warrant.

Landlord-Tenant Motions

Summary proceedings between landlords and tenants use DC-prefix forms filed in District Court.9Michigan Courts. Landlord Tenant and Land Contract Forms Two of the most common motions:

  • DC 99b — Motion to Set Aside Default Possession Judgment, used by a tenant who lost a possession case by default.
  • DC 109 — Motion and Order for Escrow, used to deposit disputed rent with the court while the case proceeds.

Substituting a general-use MC form for the correct DC form can get the filing rejected.

Friend of the Court and Family Motions

Child support, custody, and parenting time disputes use forms specific to the Friend of the Court. SCAO publishes a separate FOC forms index covering motions to modify support, change custody, and enforce parenting time.10Michigan Courts. Index of Friend of the Court Forms These are filed at the Circuit Court clerk’s office, though FOC handles intake for some filings.

Motion for Reconsideration

If a judge rules against you and you believe the decision contained a clear error, you can file a motion for reconsideration under MCR 2.119(F). There is no SCAO template. You draft the motion yourself, file and serve it within 21 days after the court enters the order, and show a “palpable error” that misled the court and the parties, plus that correcting the error would change the outcome.11Michigan Courts. Reconsideration or Rehearing Rehashing arguments the judge has already rejected will not work. The court does not allow responses or oral argument on reconsideration motions unless the judge specifically orders them.

What Every Motion Must Include

Whether you use a pre-printed SCAO form or draft your own, MCR 2.119(A) sets the baseline: the motion must be in writing, state the specific grounds and legal authority for your request, state the relief you want, and be signed.1Court Rules Network. Rule 2.119 Motion Practice

Caption and Case Information

The top of every motion identifies the court by full name and address, the parties (plaintiff and defendant, or petitioner and respondent), and the case number assigned by the clerk. If a judge has been assigned, include the judge’s name. Errors here can delay processing or route your motion to the wrong courtroom.

Affidavit

Many SCAO motion forms combine the motion itself with a sworn affidavit. In the affidavit portion, you state the facts supporting your request from personal knowledge and sign under penalty of perjury. Michigan treats a false statement in a signed declaration given under penalty of perjury the same as perjury, a felony punishable by up to 15 years in prison.12Michigan Legislature. Michigan Compiled Laws 750.422 – 750.427 Stick to facts you personally witnessed, and be specific about dates, amounts, and events.

Supporting Brief and Format Limits

Any motion that raises a legal issue must include a brief citing the authority you rely on. The combined length of the motion and brief cannot exceed 20 pages double-spaced, not counting attachments and exhibits, using at least 12-point type with one-inch margins; quotations and footnotes may be single-spaced.1Court Rules Network. Rule 2.119 Motion Practice Reply briefs are generally not permitted unless the court allows them. For straightforward factual requests like installment payments, the affidavit alone may be enough without a separate brief.

Serving the Other Party

Before the court will hear your motion, you must deliver a copy to every other party and be able to prove you did so. MCR 2.107 governs service of documents after a case has been started.13Court Rules Network. Rule 2.107 Service and Filing of Pleadings and Other Documents

Methods

You can serve the motion on a party or their attorney by:

  • Personal delivery: hand the documents to the attorney or party, leave them at the attorney’s office with the person in charge, or leave them at the party’s home with someone of suitable age.
  • First-class mail: sealed envelope with postage prepaid to the last known address. Service is complete at the time of mailing.
  • Electronic service: email, text message, or a secure website alert. Until further order of the Michigan Supreme Court, electronic service is strongly encouraged for all service after case initiation.

How Far in Advance

Under MCR 2.119(C)(1), the method dictates the notice period for the motion itself:

  • First-class mail: at least 9 days before the hearing.
  • Personal delivery or electronic service: at least 7 days before the hearing.

Any response the other party files must be served at least 5 days before the hearing if by mail, or at least 3 days before if by personal delivery or electronic service.1Court Rules Network. Rule 2.119 Motion Practice

Proof of Service

Under MCR 2.107(D), proof of service can be a written acknowledgment or a verified written statement by the person who served the documents. You do not need a separate SCAO form: the proof of service can be included at the end of the motion document itself. File it promptly, and no later than the hearing date.13Court Rules Network. Rule 2.107 Service and Filing of Pleadings and Other Documents

Filing the Motion

MiFILE

Most Michigan courts now accept filings through MiFILE, the statewide electronic filing system.14Michigan Courts. MiFILE Go to mifile.courts.michigan.gov and click “Sign Up.” Fill in your personal information; if you are representing yourself, select “I am Filing For Myself (Pro Se).” You will receive a confirmation email from info@truefiling.com with a link to verify the account.15Michigan Legal Help. How to Register for MiFILE Once registered, upload the motion as a PDF, select the case, and pay the filing fee. Where electronic filing has been implemented, you do not need to provide a separate judge’s copy.1Court Rules Network. Rule 2.119 Motion Practice Not every court uses MiFILE; check the list of participating courts on the MiFILE site.

Paper Filing

If your court does not accept electronic filings, take paper copies to the clerk’s office. You generally need the signed original plus enough copies for the court file, the judge, and each other party, which for most cases means four documents total. Family cases that involve a Friend of the Court may require an extra copy.16Michigan Legal Help. How to Fill Out, Serve, and File Court Forms The judge’s copy must be clearly marked “JUDGE’S COPY” on the cover sheet.

Fee and Fee Waiver

The standard motion filing fee in Circuit Court is $20.17Michigan Courts. Circuit Court Fee and Assessments Table Certain motions are exempt, including motions related to personal protection orders and motions to contest income withholding under the Support and Parenting Time Enforcement Act. If you cannot afford the fee, submit a Fee Waiver Request (Form MC 20). The court generally grants a waiver if your gross household income is below 125 percent of the federal poverty guidelines, or if paying the fee would cause financial hardship even at higher income.18Michigan Courts. Fee Waiver Request

Getting a Hearing Date and Showing Up

Filing the motion does not put it on the judge’s calendar automatically. Many courts require you to file a praecipe, a short form requesting a specific hearing date on the judge’s motion day. Motion days vary by court, and local rules set how far in advance the praecipe must be filed. Check your court’s local rules or call the clerk.

Under MCR 2.119(C)(4), the motion itself must be filed at least 7 days before the hearing, and any response must be filed at least 3 days before.1Court Rules Network. Rule 2.119 Motion Practice Work backward from the hearing date so you have time to serve the other party, file the motion, and file whatever praecipe your court requires.

At the hearing, bring an extra copy of your motion and any exhibits for your own reference. The judge may ask questions, hear brief argument, and rule from the bench, or take the matter under advisement and issue a written order later. If the judge rules in your favor, you may be asked to prepare a proposed order for signature. If the judge denies your request and you believe the decision contained a clear factual or legal error, the 21-day deadline for a motion for reconsideration runs from the date the order is entered.