Motion to Dismiss in Michigan: MCR 2.116(C) Grounds and Deadlines

In Michigan, what other states call a motion to dismiss is filed as a motion for summary disposition under Michigan Court Rule 2.116. The rule lists ten separate grounds, and the one you cite controls what the court can consider and when the motion must be filed. Some grounds are waived if you do not raise them in your first response to the complaint; others can be raised at any time. Getting the subsection right is the whole game.

The Ten Grounds Under MCR 2.116(C)

Michigan folds motions to dismiss, motions for judgment on the pleadings, and summary judgment into one procedure.1Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.116 A defendant, or a party defending against a counterclaim or affirmative defense, can move under any of the ten grounds in MCR 2.116(C). The motion has to identify which one.

Jurisdiction and Service

MCR 2.116(C)(1) covers lack of personal jurisdiction over the defendant. MCR 2.116(C)(4) covers lack of subject matter jurisdiction, meaning the court has no authority to hear that kind of case at all — a circuit court cannot hear a matter that belongs in probate, for instance. MCR 2.116(C)(2) reaches defects in the process itself, and (C)(3) reaches defects in how the process was served.2Michigan Courts. Summary Disposition – Section: B Grounds

Procedural Bars

MCR 2.116(C)(5) covers lack of legal capacity to sue. MCR 2.116(C)(6) applies when another action is already pending between the same parties on the same claim. MCR 2.116(C)(7) is the workhorse of this group: it allows dismissal based on a release, prior payment, prior judgment, immunity, the statute of limitations, the statute of frauds, an agreement to arbitrate, and several other bars.3Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.116(C)(7) The statute of limitations is the most frequent basis. Michigan’s general limitation period for personal injury and property damage is three years from the date of injury under MCL 600.5805(2); a complaint filed a day late will be dismissed under (C)(7).4Michigan Legislature. MCL Section 600.5805 Revised Judicature Act of 1961

Legal Sufficiency of the Pleadings

MCR 2.116(C)(8) is Michigan’s closest analog to a federal Rule 12(b)(6) motion. It tests whether the complaint states a legally viable claim on its face. MCR 2.116(C)(9) does the same for a defendant’s affirmative defenses. MCR 2.116(C)(10) is the summary-judgment ground: no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Unlike (C)(8), a (C)(10) motion involves evidence and usually comes after discovery.

Deadlines: When Each Ground Must Be Raised

Michigan’s rules are strict about timing, and some defenses are lost forever if you miss the first opportunity to raise them.

There is also a floor on the hearing date. A motion brought by a party asserting a claim cannot be heard until at least 28 days after the opposing party was served with the pleading stating the claim.9Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.116(B)(2)

What the Court Actually Looks At

The subsection you file under decides what evidence, if any, the court can review. This is where litigants get tripped up.

Under MCR 2.116(C)(8), the court considers only the pleadings. No affidavits, no depositions, no exhibits. If the defendant attaches evidence to a (C)(8) motion, the court is supposed to ignore it.10Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.116(G)(5) The Michigan Supreme Court’s decision in Maiden v. Rozwood sets the standard: all well-pleaded factual allegations are accepted as true and viewed in the light most favorable to the plaintiff, and the motion is granted only when the claims are so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.11Justia Law. Maiden v Rozwood 461 Mich 109 (1999) A negligence complaint that never alleges the defendant owed a duty, or a contract claim that never identifies the contract, will not survive. A complaint that pleads every element of the cause of action will, no matter how implausible the facts sound.

Under MCR 2.116(C)(10), the court reviews the full evidentiary record: affidavits, depositions, admissions, and documents filed in the case or submitted with the motion. The non-moving party cannot rest on what the complaint says. They must come forward with specific facts showing a genuine dispute exists, and if they do not, judgment can be entered against them.12Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.116(G)(4)

If a party files a (C)(8) motion but attaches outside materials and the court decides to consider them, the motion is treated as one under (C)(10), and both sides must be given a reasonable chance to present evidence.2Michigan Courts. Summary Disposition – Section: B Grounds

Filing the Motion

Every motion for summary disposition must be accompanied by a brief citing legal authority. The motion and brief together cannot exceed 20 pages, double-spaced, not counting attachments and exhibits. Service deadlines: the motion, notice of hearing, and any supporting brief or affidavits must be served at least nine days before the hearing if mailed, or at least seven days before if hand-delivered or served electronically.13Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.119(C)(1)

Responding to the Motion

A response, including any brief and affidavits, must be served at least five days before the hearing by mail, or at least three days before by hand or electronic delivery. Reply briefs generally are not permitted unless the court allows one.14Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.119(A)(2)(b)

For a (C)(10) motion, the response is where the case is won or lost. Pointing back to the complaint is not enough. You need affidavits or other evidence establishing a genuine factual dispute.12Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.116(G)(4)

A plaintiff facing a summary disposition motion has another option: amend the complaint to fix what the motion identifies. Under MCR 2.118(A)(1), a party can amend a pleading once as a matter of course within 14 days after being served with a responsive pleading. After that, or once a summary disposition motion is on file, amendment requires leave of court. Leave “shall be freely given when justice so requires,” but the court can attach conditions, including making the amending party reimburse the other side for expense caused by the delay.15Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.118(A)(2)-(3)

If the Motion Is Granted or Denied

A dismissal with prejudice is a final judgment on the merits and cannot be refiled.16Michigan Courts. Dismissal – Michigan Courts Dismissal Civil Proceedings Benchbook A dismissal without prejudice leaves the plaintiff free to correct the problem and refile, if the statute of limitations still allows it.

Michigan’s rules set defaults that surprise people. Involuntary dismissals — those ordered by the court for failure to comply with court rules, a court order, or failure to prove a case — operate as an adjudication on the merits unless the court says otherwise. Dismissals for lack of jurisdiction and for failure to join a required party are the exceptions and are without prejudice by default. On the plaintiff’s side, a voluntary dismissal filed before the defendant answers or moves for summary disposition is generally without prejudice, but if the plaintiff previously dismissed the same claim in any court, the second voluntary dismissal counts as an adjudication on the merits.17Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.504(A)(1)

If summary disposition is granted and disposes of the entire case, the order is a final judgment and the losing party can appeal as of right to the Michigan Court of Appeals. If the motion is denied, or granted only in part, the ruling is interlocutory. Interlocutory orders generally are not appealable as of right; the losing party must apply for leave and show substantial harm from waiting. One exception matters: an order denying governmental immunity under (C)(7) or (C)(10) qualifies as a final order and is immediately appealable as of right, even though the underlying case continues.18Michigan Courts. Michigan Court Rules Chap 7 Appellate Rules – Rule 7.202(6)(v)

Sanctions for Meritless Motions

A dismissal motion with no legal or factual basis can cost the party who filed it. Under MCR 2.114(D), any attorney or party who signs a motion certifies that it is well grounded in fact, warranted by existing law or a good-faith argument for changing it, and not filed for an improper purpose. A violation requires the court to impose an appropriate sanction, and the court can do so on its own initiative.19Michigan Courts. Michigan Court Rules Chap 2 Civil Procedure – Rule 2.114(D)-(E)

MCL 600.2591 layers on a statutory remedy. If a court finds that a civil action or defense was frivolous, it must award the prevailing party reasonable costs and attorney fees. A filing is frivolous when its primary purpose was to harass or embarrass, when the party had no reasonable basis to believe the facts were true, or when the legal position was devoid of arguable merit.20Michigan Legislature. MCL Section 600.2591 Frivolous Civil Action or Defense That last category is the trap for defendants who file aggressive dismissal motions on grounds that cannot survive scrutiny.