MCR Civil Procedure

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Rule 2.001 Applicability

The rules in this chapter govern procedure in all civil proceedings in all courts

established by the constitution and laws of the State of Michigan, except where the

limited jurisdiction of a court makes a rule inherently inapplicable or where a rule

applicable to a specific court or a specific type of proceeding provides a different

procedure.

Rule 2.002 Waiver or Suspension of Fees and Costs for Indigent Persons

(A) Applicability.

(1) Only a natural person is eligible for the waiver or suspension of fees and

costs under this rule.

(2) Except as provided in subrule (F), for the purpose of this rule "fees and

costs" applies only to filing fees required by law.

(B) Execution of Affidavits. An affidavit required by this rule may be signed either

(1) by the party in whose behalf the affidavit is made; or

(2) by a person having personal knowledge of the facts required to be shown, if

the person in whose behalf the affidavit is made is unable to sign it because of

minority or other disability. The affidavit must recite the minority or other

disability.

otherwise that he or she is receiving any form of public assistance, the payment of

fees and costs as to that party shall be suspended.

(D) Other Indigent Persons. If a party shows by ex parte affidavit or otherwise that

he or she is unable because of indigency to pay fees and costs, the court shall order

those fees and costs either waived or suspended until the conclusion of the

litigation.

(E) Domestic Relations Cases; Payment of Fees and Costs by Spouse.

(1) In an action for divorce, separate maintenance, or annulment or affirmation

of marriage, the court shall order suspension of payment of fees and costs

required to be paid by a party and order that they be paid by the spouse, if that

party

(a) is qualified for a waiver or suspension of fees and costs under subrule

(b) is entitled to an order requiring the spouse to pay attorney fees.

(2) If the spouse is entitled to have the fees and costs waived or suspended

under subrule (C) or (D), the fees and costs are waived or suspended for the

spouse.

(F) Payment of Service Fees and Costs of Publication for Indigent Persons. If

payment of fees and costs has been waived or suspended for a party and service of

process must be made by an official process server or by publication, the court shall

order the service fees or costs of publication paid by the county or funding unit in

which the action is pending, if the party submits an ex parte affidavit stating facts

showing the necessity for that type of service of process.

(G) Reinstatement of Requirement for Payment of Fees and Costs. If the payment

of fees or costs has been waived or suspended under this rule, the court may on its

own initiative order the person for whom the fees or costs were waived or

suspended to pay those fees or costs when the reason for the waiver or suspension

no longer exists.

Rule 2.003 Disqualification of Judge

(A) Applicability. This rule applies to all judges, including justices of the Michigan

Supreme Court, unless a specific provision is stated to apply only to judges of a

certain court. The word “judge” includes a justice of the Michigan Supreme Court.

(B) Who May Raise. A party may raise the issue of a judge's disqualification by

motion or the judge may raise it.

(1) Disqualification of a judge is warranted for reasons that include, but are not

limited to, the following:

(a) The judge is biased or prejudiced for or against a party or

attorney.

(b) The judge, based on objective and reasonable perceptions, has either (i)

a serious risk of actual bias impacting the due process rights of a party

as enunciated in Caperton v Massey, ____US____; 129 S Ct 2252; 173

L Ed 2d 1208 (2009), or (ii) has failed to adhere to the appearance of

impropriety standard set forth in Canon 2 of the Michigan Code of

Judicial Conduct.

concerning the proceeding.

(d) The judge has been consulted or employed as an attorney in the matter

in controversy.

(e) The judge was a partner of a party, attorney for a party, or a member of

a law firm representing a party within the preceding two years.

(f) The judge knows that he or she, individually or as a fiduciary, or the

judge's spouse, parent or child wherever residing, or any other member

of the judge's family residing in the judge's household, has more than a

de minimis economic interest in the subject matter in controversy that

could be substantially impacted by the proceeding.

(g) The judge or the judge's spouse, or a person within the third degree of

relationship to either of them, or the spouse of such a person:

(i) is a party to the proceeding, or an officer, director, or trustee of a

party;

(ii) is acting as a lawyer in the proceeding;

(iii) is known by the judge to have a more than de minimis interest that

could be substantially affected by the proceeding;

(iv) is to the judge's knowledge likely to be a material witness in the

proceeding.

(2) Disqualification not warranted.

(a) A judge is not disqualified merely because the judge's former law clerk

is an attorney of record for a party in an action that is before the judge

or is associated with a law firm representing a party in an action that is

before the judge.

(b) A judge is not disqualified based solely upon campaign speech

protected by Republican Party of Minn v White, 536 US 765 (2002), so

long as such speech does not demonstrate bias or prejudice or an

appearance of bias or prejudice for or against a party or an attorney

involved in the action.

(D) Procedure.

(1)(a) Time for Filing in the Trial Courts. To avoid delaying trial and

inconveniencing the witnesses, all motions for disqualification must be filed

within 14 days of the discovery of the grounds for disqualification. If the

discovery is made within 14 days of the trial date, the motion must be made

forthwith.

(b) Time for Filing in the Court of Appeals. All motions for disqualification must

be filed within 14 days of disclosure of the judges’ assignment to the case or

within 14 days of the discovery of the grounds for disqualification. If a party

discovers the grounds for disqualification within 14 days of a scheduled oral

argument or argument on the application for leave to appeal, the motion must

be made forthwith.

for disqualification of a justice, the appellant must file a motion to disqualify

with the application for leave to appeal. All other motions must be filed within

28 days after the filing of the application for leave to appeal or within 28 days

of the discovery of the grounds for disqualification. If a party discovers the

grounds for disqualification within 28 days of a scheduled oral argument or

argument on the application for leave to appeal, the motion must be made

forthwith.

All requests for review by the entire Court pursuant to subsection (3)(b) must

be made within 14 days of the entry of the decision by the individual justice.

(d) Untimely Motions. Untimely motions in the trial court, the Court of Appeals,

and the Supreme Court may be granted for good cause shown. If a motion is

not timely filed in the trial court, the Court of Appeals, or the Supreme Court,

untimeliness is a factor in deciding whether the motion should be granted.

(2) All Grounds to be Included; Affidavit. In any motion under this rule, the

moving party must include all grounds for disqualification that are known at the

time the motion is filed. An affidavit must accompany the motion.

(3) Ruling.

(a) For courts other than the Supreme Court, the challenged judge shall

decide the motion. If the challenged judge denies the motion,

(i) in a court having two or more judges, on the request of a party, the

challenged judge shall refer the motion to the chief judge, who shall

decide the motion de novo;

(ii) in a single-judge court, or if the challenged judge is the chief judge,

on the request of a party, the challenged judge shall refer the motion to

the state court administrator for assignment to another judge, who shall

decide the motion de novo.

(b) In the Supreme Court, if a justice’s participation in a case is challenged

by a written motion or if the issue of participation is raised by the justice

himself or herself, the challenged justice shall decide the issue and publish

his or her reasons about whether to participate.

If the challenged justice denies the motion for disqualification, a party may

move for the motion to be decided by the entire Court. The entire Court

shall then decide the motion for disqualification de novo. The Court’s

decision shall include the reasons for its grant or denial of the motion for

disqualification. The Court shall issue a written order containing a statement

of reasons for its grant or denial of the motion for disqualification. Any

concurring or dissenting statements shall be in writing.

(4) If Disqualification Motion is Granted.

(a) For courts other than the Supreme Court, when a judge is disqualified,

the action must be assigned to another judge of the same court, or, if one

is not available, the state court administrator shall assign another judge.

(b) In the Supreme Court, when a justice is disqualified, the underlying

action will be decided by the remaining justices of the Court.

(E) Waiver of Disqualification. Parties to the proceeding may waive disqualification

even where it appears that there may be grounds for disqualification of the

judge. Such waiver may occur whether the grounds for disqualification were

raised by a party or by the judge, so long as the judge is willing to participate.

Any agreement to waive the disqualification must be made by all parties to the

litigation and shall be in writing or placed on the record.

Rule 2.004 Incarcerated Parties

(A) This subrule applies to

(1) domestic relations actions involving minor children, and

(2) other actions involving the custody, guardianship, neglect, or foster-care

placement of minor children, or the termination of parental rights,

in which a party is incarcerated under the jurisdiction of the Department of

Corrections.

(B) The party seeking an order regarding a minor child shall

(1) contact the department to confirm the incarceration and the incarcerated

party's prison number and location;

(2) serve the incarcerated person with the petition or motion seeking an order

regarding the minor child, and file proof with the court that the papers were

served; and

(3) file with the court the petition or motion seeking an order regarding the

minor child, stating that a party is incarcerated and providing the party's prison

number and location; the caption of the petition or motion shall state that a

telephonic hearing is required by this rule.

satisfaction, the court shall issue an order requesting the department, or the facility

where the party is located if it is not a department facility, to allow that party to

participate with the court or its designee by way of a noncollect and unmonitored

telephone call in a hearing or conference, including a friend of the court

adjudicative hearing or meeting. The order shall include the date and time for the

hearing, and the prisoner's name and prison identification number, and shall be

served by the court upon the parties and the warden or supervisor of the facility

where the incarcerated party resides.

(D) All court documents or correspondence mailed to the incarcerated party

concerning any matter covered by this rule shall include the name and the prison

number of the incarcerated party on the envelope.

(E) The purpose of the telephone call described in this subrule is to determine

(1) whether the incarcerated party has received adequate notice of the

proceedings and has had an opportunity to respond and to participate,

(2) whether counsel is necessary in matters allowing for the appointment of

counsel to assure that the incarcerated party's access to the court is protected,

(3) whether the incarcerated party is capable of self-representation, if that is

the party's choice,

(4) how the incarcerated party can communicate with the court or the friend of

the court during the pendency of the action, and whether the party needs

special assistance for such communication, including participation in additional

telephone calls, and

(5) the scheduling and nature of future proceedings, to the extent practicable,

and the manner in which the incarcerated party may participate.

(F) A court may not grant the relief requested by the moving party concerning the

minor child if the incarcerated party has not been offered the opportunity to

participate in the proceedings, as described in this rule. This provision shall not

apply if the incarcerated party actually does participate in a telephone call, or if the

court determines that immediate action is necessary on a temporary basis to

protect the minor child.

(G) The court may impose sanctions if it finds that an attempt was made to keep

information about the case from an incarcerated party in order to deny that party

access to the courts.

Subchapter 2.100 Commencement of Action; Service of

Process; Pleadings; Motions

Rule 2.101 Form and Commencement of Action

(A) Form of Action. There is one form of action known as a "civil action."

(B) Commencement of Action. A civil action is commenced by filing a complaint with

a court.

Rule 2.102 Summons; Expiration of Summons; Dismissal of Action for

Failure to Serve

(A) Issuance. On the filing of a complaint, the court clerk shall issue a summons to

be served as provided in MCR 2.103 and 2.105. A separate summons may issue

against a particular defendant or group of defendants. A duplicate summons may

be issued from time to time and is as valid as the original summons.

(B) Form. A summons must be issued "In the name of the people of the State of

Michigan," under the seal of the court that issued it. It must be directed to the

defendant, and include

(1) the name and address of the court,

(2) the names of the parties,

(3) the file number,

(4) the name and address of the plaintiff's attorney or the address of a plaintiff

appearing without an attorney,

(5) the defendant's address, if known,

(6) the name of the court clerk,

(7) the date on which the summons was issued,

(8) the last date on which the summons is valid,

(9) a statement that the summons is invalid unless served on or before the last

date on which it is valid,

(10) the time within which the defendant is required to answer or take other

action, and

(11) a notice that if the defendant fails to answer or take other action within the

time allowed, judgment may be entered against the defendant for the relief

demanded in the complaint.

proof of service of process to be amended, unless it clearly appears that to do so

would materially prejudice the substantive rights of the party against whom the

process issued. An amendment relates back to the date of the original issuance or

service of process unless the court determines that relation back would unfairly

prejudice the party against whom the process issued.

(D) Expiration. A summons expires 91 days after the date the complaint is filed.

However, within those 91 days, on a showing of due diligence by the plaintiff in

attempting to serve the original summons, the judge to whom the action is

assigned may order a second summons to issue for a definite period not exceeding

1 year from the date the complaint is filed. If such an extension is granted, the new

summons expires at the end of the extended period. The judge may impose just

conditions on the issuance of the second summons. Duplicate summonses issued

under subrule (A) do not extend the life of the original summons. The running of

the 91-day period is tolled while a motion challenging the sufficiency of the

summons or of the service of the summons is pending.

(E) Dismissal as to Defendant Not Served.

(1) On the expiration of the summons as provided in subrule (D), the action is

deemed dismissed without prejudice as to a defendant who has not been served

with process as provided in these rules, unless the defendant has submitted to

the court's jurisdiction. As to a defendant added as a party after the filing of the

first complaint in the action, the time provided in this rule runs from the filing of

the first pleading that names that defendant as a party.

(2) After the time stated in subrule (E)(1), the clerk shall examine the court

records and enter an order dismissing the action as to a defendant who has not

been served with process or submitted to the court's jurisdiction. The clerk's

failure to enter a dismissal order does not continue an action deemed

dismissed.

(3) The clerk shall give notice of the entry of a dismissal order under MCR

2.107 and record the date of the notice in the case file. The failure to give

notice does not affect the dismissal.

(F) Setting Aside Dismissal. A court may set aside the dismissal of the action as to

a defendant under subrule (E) only on stipulation of the parties or when all of the

following conditions are met:

(1) within the time provided in subrule (D), service of process was in fact made

on the dismissed defendant, or the defendant submitted to the court's

jurisdiction;

(2) proof of service of process was filed or the failure to file is excused for good

cause shown;

(3) the motion to set aside the dismissal was filed within 28 days after notice of

the order of dismissal was given, or, if notice of dismissal was not given, the

motion was promptly filed after the plaintiff learned of the dismissal.

(G) Exception; Summary Proceedings to Recover Possession of Realty. Subrules

(D), (E), and (F) do not apply to summary proceedings governed by MCL 600.5701-

600.5759 and by subchapter 4.200 of these rules.

Rule 2.103 Process; Who May Serve

(A) Service Generally. Process in civil actions may be served by any legally

competent adult who is not a party or an officer of a corporate party.

(B) Service Requiring Seizure of Property. A writ of restitution or process requiring

the seizure or attachment of property may only be served by

(1) a sheriff or deputy sheriff, or a bailiff or court officer appointed by the court

for that purpose,

(2) an officer of the Department of State Police in an action in which the state is

a party, or

(3) a police officer of an incorporated city or village in an action in which the

city or village is a party.

A writ of garnishment may be served by any person authorized by subrule (A).

made on a person in a governmental institution, hospital, or home, service must be

made by the person in charge of the institution or by someone designated by that

person.

(D) Process Requiring Arrest. Process in civil proceedings requiring the arrest of a

person may be served only by a sheriff, deputy sheriff, or police officer, or by a

court officer appointed by the court for that purpose.

Rule 2.104 Process; Proof of Service

(A) Requirements. Proof of service may be made by

(1) written acknowledgment of the receipt of a summons and a copy of the

complaint, dated and signed by the person to whom the service is directed or

by a person authorized under these rules to receive the service of process;

(2) a certificate stating the facts of service, including the manner, time, date,

and place of service, if service is made within the State of Michigan by

(a) a sheriff,

(b) a deputy sheriff or bailiff, if that officer holds office in the county in

which the court issuing the process is held,

(d) an attorney for a party; or

(3) an affidavit stating the facts of service, including the manner, time, date,

and place of service, and indicating the process server's official capacity, if any.

The place of service must be described by giving the address where the service was

made or, if the service was not made at a particular address, by another description

of the location.

(B) Failure to File. Failure to file proof of service does not affect the validity of the

service.

a copy of the summons and complaint by mail, the party requesting issuance of the

summons is responsible for arranging the mailing and filing proof of service. Proof

of publication, posting, and mailing under MCR 2.106 is governed by MCR 2.106(G).

Rule 2.105 Process; Manner of Service

(A) Individuals. Process may be served on a resident or nonresident individual by

(1) delivering a summons and a copy of the complaint to the defendant

personally; or

(2) sending a summons and a copy of the complaint by registered or certified

mail, return receipt requested, and delivery restricted to the addressee. Service

is made when the defendant acknowledges receipt of the mail. A copy of the

return receipt signed by the defendant must be attached to proof showing

service under subrule (A)(2).

(B) Individuals; Substituted Service. Service of process may be made

(1) on a nonresident individual, by

(a) serving a summons and a copy of the complaint in Michigan on an

agent, employee, representative, sales representative, or servant of the

defendant, and

(b) sending a summons and a copy of the complaint by registered mail

addressed to the defendant at his or her last known address;

(2) on a minor, by serving a summons and a copy of the complaint on a person

having care and control of the minor and with whom he or she resides;

(3) on a defendant for whom a guardian or conservator has been appointed and

is acting, by serving a summons and a copy of the complaint on the guardian or

conservator;

(4) on an individual doing business under an assumed name, by

(a) serving a summons and copy of the complaint on the person in charge

of an office or business establishment of the individual, and

(b) sending a summons and a copy of the complaint by registered mail

addressed to the individual at his or her usual residence or last known

address.

limited partnership may be made by

(1) serving a summons and a copy of the complaint on any general partner; or

(2) serving a summons and a copy of the complaint on the person in charge of

a partnership office or business establishment and sending a summons and a

copy of the complaint by registered mail, addressed to a general partner at his

or her usual residence or last known address.

(D) Private Corporations, Domestic and Foreign. Service of process on a domestic

or foreign corporation may be made by

(1) serving a summons and a copy of the complaint on an officer or the resident

agent;

(2) serving a summons and a copy of the complaint on a director, trustee, or

person in charge of an office or business establishment of the corporation and

sending a summons and a copy of the complaint by registered mail, addressed

to the principal office of the corporation;

(3) serving a summons and a copy of the complaint on the last presiding

officer, president, cashier, secretary, or treasurer of a corporation that has

ceased to do business by failing to keep up its organization by the appointment

of officers or otherwise, or whose term of existence has expired;

(4) sending a summons and a copy of the complaint by registered mail to the

corporation or an appropriate corporation officer and to the Michigan Bureau of

Commercial Services, Corporation Division if

(a) the corporation has failed to appoint and maintain a resident agent or to

file a certificate of that appointment as required by law;

(b) the corporation has failed to keep up its organization by the

appointment of officers or otherwise; or

(E) Partnership Associations; Unincorporated Voluntary Associations. Service of

process on a partnership association or an unincorporated voluntary association

may be made by

(1) serving a summons and a copy of the complaint on an officer, director,

trustee, agent, or person in charge of an office or business establishment of the

association, and

(2) sending a summons and a copy of the complaint by registered mail,

addressed to an office of the association. If an office cannot be located, a

summons and a copy of the complaint may be sent by registered mail to a

member of the association other than the person on whom the summons and

complaint was served.

(F) Service on Insurer. To the extent that it is permitted by statute, service on an

insurer may be satisfied by providing two summonses and a copy of the complaint

to the Commissioner of the Office of Financial and Insurance Regulation via delivery

or registered mail.

(G) Public Corporations. Service of process on a public, municipal, quasi-municipal,

or governmental corporation, unincorporated board, or public body may be made

by serving a summons and a copy of the complaint on:

(1) the chairperson of the board of commissioners or the county clerk of a

county;

(2) the mayor, the city clerk, or the city attorney of a city;

(3) the president, the clerk, or a trustee of a village;

(4) the supervisor or the township clerk of a township;

(5) the president, the secretary, or the treasurer of a school district;

(6) the president or the secretary of the Michigan State Board of Education;

(7) the president, the secretary, or other member of the governing body of a

corporate body or an unincorporated board having control of a state institution;

(8) the president, the chairperson, the secretary, the manager, or the clerk of

any other public body organized or existing under the constitution or laws of

Michigan, when no other method of service is specially provided by statute.

The service of process may be made on an officer having substantially the same

duties as those named or described above, irrespective of title. In any case, service

may be made by serving a summons and a copy of the complaint on a person in

charge of the office of an officer on whom service may be made and sending a

summons and a copy of the complaint by registered mail addressed to the officer at

his or her office.

(H) Agent Authorized by Appointment or by Law.

(1) Service of process on a defendant may be made by serving a summons and

a copy of the complaint on an agent authorized by written appointment or by

law to receive service of process.

(2) Whenever, pursuant to statute or court rule, service of process is to be

made on a nongovernmental defendant by service on a public officer, service on

the public officer may be made by registered mail addressed to his or her office.

(I) Discretion of the Court.

(1) On a showing that service of process cannot reasonably be made as

provided by this rule, the court may by order permit service of process to be

made in any other manner reasonably calculated to give the defendant actual

notice of the proceedings and an opportunity to be heard.

(2) A request for an order under the rule must be made in a verified motion

dated not more than 14 days before it is filed. The motion must set forth

sufficient facts to show that process cannot be served under this rule and must

state the defendant's address or last known address, or that no address of the

defendant is known. If the name or present address of the defendant is

unknown, the moving party must set forth facts showing diligent inquiry to

ascertain it. A hearing on the motion is not required unless the court so directs.

(3) Service of process may not be made under this subrule before entry of the

court's order permitting it.

(J) Jurisdiction; Range of Service; Effect of Improper Service.

(1) Provisions for service of process contained in these rules are intended to

satisfy the due process requirement that a defendant be informed of an action

by the best means available under the circumstances. These rules are not

intended to limit or expand the jurisdiction given the Michigan courts over a

defendant. The jurisdiction of a court over a defendant is governed by the

United States Constitution and the constitution and laws of the State of

Michigan. See MCL 600.701 et seq.

(2) There is no territorial limitation on the range of process issued by a

Michigan court.

(3) An action shall not be dismissed for improper service of process unless the

service failed to inform the defendant of the action within the time provided in

these rules for service.

(K) Registered and Certified Mail.

(1) If a rule uses the term "registered mail," that term includes the term

"certified mail," and the term "registered mail, return receipt requested"

includes the term "certified mail, return receipt requested." However, if certified

mail is used, the receipt of mailing must be postmarked by the post office.

(2) If a rule uses the term "certified mail," a postmarked receipt of mailing is

not required. Registered mail may be used when a rule requires certified mail.

Rule 2.106 Notice by Posting or Publication

(A) Availability. This rule governs service of process by publication or posting

pursuant to an order under MCR 2.105(I).

(B) Procedure. A request for an order permitting service under this rule shall be

made by motion in the manner provided in MCR 2.105(I). In ruling on the motion,

the court shall determine whether mailing is required under subrules (D)(2) or

(E)(2).

(1) The order directing that notice be given to a defendant under this rule must

include

(a) the name of the court,

(b) the names of the parties,

(d) directions as to where and when to answer or take other action

permitted by law or court rule, and

(e) a statement as to the effect of failure to answer or take other action.

(2) If the names of some or all defendants are unknown, the order must

describe the relationship of the unknown defendants to the matter to be

litigated in the best way possible, as, for example, unknown claimants,

unknown owners, or unknown heirs, devisees, or assignees of a named person.

(D) Publication of Order; Mailing. If the court orders notice by publication, the

defendant shall be notified of the action by

(1) publishing a copy of the order once each week for 3 consecutive weeks, or

for such further time as the court may require, in a newspaper in the county

where the defendant resides, if known, and if not, in the county where the

action is pending; and

(2) sending a copy of the order to the defendant at his or her last known

address by registered mail, return receipt requested, before the date of the last

publication. If the plaintiff does not know the present or last known address of

the defendant, and cannot ascertain it after diligent inquiry, mailing a copy of

the order is not required. The moving party is responsible for arranging for the

mailing and proof of mailing.

(E) Posting; Mailing. If the court orders notice by posting, the defendant shall be

notified of the action by

(1) posting a copy of the order in the courthouse and 2 or more other public

places as the court may direct for 3 continuous weeks or for such further time

as the court may require; and

(2) sending a copy of the order to the defendant at his or her last known

address by registered mail, return receipt requested, before the last week of

posting. If the plaintiff does not know the present or last known address of the

defendant, and cannot ascertain it after diligent inquiry, mailing a copy of the

order is not required. The moving party is responsible for arranging for the

mailing and proof of mailing.

The order must designate who is to post the notice and file proof of posting. Only a

person listed in MCR 2.103(B)(1), (2), or (3) may be designated.

(F) Newspaper Defined.

(1) The term "newspaper" as used in this rule is limited to a newspaper

published in the English language for the dissemination of general news and

information or for the dissemination of legal news. The newspaper must have a

bona fide list of paying subscribers or have been published at least once a week

in the same community without interruption for at least 2 years, and have been

established, published, and circulated at least once a week without interruption

for at least 1 year in the county where publication is to occur.

(2) If no newspaper qualifies in the county where publication is to be made

under subrule (D)(1) the term "newspaper" includes a newspaper that by this

rule is qualified to publish notice of actions commenced in an adjoining county.

(G) Proof of Service. Service of process made pursuant to this rule may be proven

as follows:

(1) Publication must be proven by an affidavit of the publisher or the publisher's

agent

(a) stating facts establishing the qualification of the newspaper in which the

order was published,

(b) setting out a copy of the published order, and

(2) Posting must be proven by an affidavit of the person designated in the order

under subrule (E) attesting that a copy of the order was posted for the required

time in the courthouse in a conspicuous place open to the public and in the

other places as ordered by the court.

(3) Mailing must be proven by affidavit. The affiant must attach a copy of the

order as mailed, and a return receipt.

Rule 2.107 Service and Filing of Pleadings and Other Papers

(A) Service; When Required.

(1) Unless otherwise stated in this rule, every party who has filed a pleading, an

appearance, or a motion must be served with a copy of every paper later filed

in the action. A nonparty who has filed a motion or appeared in response to a

motion need only be served with papers that relate to that motion.

(2) Except as provided in MCR 2.603, after a default is entered against a party,

further service of papers need not be made on that party unless he or she has

filed an appearance or a written demand for service of papers. However, a

pleading that states a new claim for relief against a party in default must be

served in the manner provided by MCR 2.105.

(3) If an attorney appears on behalf of a person who has not received a copy of

the complaint, a copy of the complaint must be delivered to the attorney on

request.

(4) All papers filed on behalf of a defendant must be served on all other

defendants not in default.

(B) Service on Attorney or Party.

(1) Service required or permitted to be made on a party for whom an attorney

has appeared in the action must be made on the attorney except as follows:

(a) The original service of the summons and complaint must be made on

the party as provided by MCR 2.105;

(b) When a contempt proceeding for disobeying a court order is initiated,

the notice or order must be personally delivered to the party, unless the

court orders otherwise;

right has passed, papers must be served on the party unless the rule

governing the particular postjudgment procedure specifically allows service

on the attorney;

(d) The court may order service on the party.

(2) If two or more attorneys represent the same party, service of papers on one

of the attorneys is sufficient. An attorney who represents more than one party

is entitled to service of only one copy of a paper.

(3) If a party prosecutes or defends the action on his or her own behalf, service

of papers must be made on the party in the manner provided by subrule (C).

by delivery or by mailing to the attorney at his or her last known business address

or, if the attorney does not have a business address, then to his or her last known

residence address. Service on a party must be made by delivery or by mailing to

the party at the address stated in the party's pleadings.

(1) Delivery to Attorney. Delivery of a copy to an attorney within this rule

means

(a) handing it to the attorney personally, or, if agreed to by the parties, emailing it to the attorney as allowed under MCR 2.107(C)(4);

(b) leaving it at the attorney's office with the person in charge or, if no one

is in charge or present, by leaving it in a conspicuous place; or

attorney's usual residence with some person of suitable age and discretion

residing there.

(2) Delivery to Party. Delivery of a copy to a party within this rule means

(a) handing it to the party personally, or, if agreed to by the parties, emailing

it to the party as allowed under MCR 2.107(C)(4); or

(b) leaving it at the party's usual residence with some person of suitable

age and discretion residing there.

(3) Mailing. Mailing a copy under this rule means enclosing it in a sealed

envelope with first class postage fully prepaid, addressed to the person to be

served, and depositing the envelope and its contents in the United States mail.

Service by mail is complete at the time of mailing.

(4) E-mail. Some or all of the parties may agree to e-mail service among

themselves by filing a stipulation in that case. Some or all of the parties may

agree to e-mail service by a court by filing an agreement with the court to do

so. E-mail service shall be subject to the following conditions:

(a) The stipulation or agreement for service by e-mail shall set forth the email

addresses of the parties or attorneys that agree to e-mail service,

which shall include the same e-mail address currently on file with the State

Bar of Michigan. If an attorney is not a member of the State Bar of

Michigan, the e-mail address shall be the e-mail address currently on file

with the appropriate registering agency in the state of the attorney’s

admission. Parties and attorneys who have stipulated or agreed to service

by e-mail under this subsection shall immediately notify all other parties

and the court if the party’s or attorney’s e-mail address changes.

(b) The parties shall set forth in the stipulation or agreement all limitations

and conditions concerning e-mail service, including but not limited to:

(i) the maximum size of the document that may be attached to an e-mail;

(ii) designation of exhibits as separate documents;

(iii) the obligation (if any) to furnish paper copies of e-mailed documents;

and

(iv) the names and e-mail addresses of other individuals in the office of an

attorney of record designated to receive e-mail service on behalf of a party.

prevents the alteration of the document contents.

(d) A paper served by e-mail that an attorney is required to sign may

include the attorney’s actual signature or a signature block with the name of

the signatory accompanied by “s/” or “/s/.” That designation shall

constitute a signature for all purposes, including those contemplated by

MCR 2.114(C) and (D).

(e) Each e-mail that transmits a document shall include a subject line that

identifies the case by court, party name, case number, and the title or legal

description of the document(s) being sent.

(f) An e-mail transmission sent after 4:30 p.m. Eastern Time shall be

deemed to be served on the next day that is not a Saturday, Sunday, or

legal holiday. Service by e-mail under this subrule is treated as service by

delivery under MCR 2.107(C)(1).

(g) A party may withdraw from a stipulation or agreement for service by email if that party notifies the other party or parties and the court in writing

at least 28 days in advance of the withdrawal.

(h) Service by e-mail is complete upon transmission, unless the party

making service learns that the attempted service did not reach the e-mail

address of the intended recipient. If an e-mail is returned as undeliverable,

the party, attorney, or court must serve the paper or other document by

regular mail under MCR 2.107(C)(3), and include a copy of the return notice

indicating that the e-mail was undeliverable. A party, attorney, or court

must also retain a notice that the e-mail was undeliverable.

(i) The e-mail sender shall maintain an archived record of sent items that

shall not be purged until the conclusion of the case, including the disposition

of all appeals.

(D) Proof of Service. Except as otherwise provided by MCR 2.104, 2.105, or 2.106,

proof of service of papers required or permitted to be served may be by written

acknowledgment of service, affidavit of the person making the service, a statement

regarding the service verified under MCR 2.114(B), or other proof satisfactory to

the court. The proof of service may be included at the end of the paper as filed.

Proof of service must be filed promptly and at least at or before a hearing to which

the paper relates.

(E) Service Prescribed by Court. When service of papers after the original complaint

cannot reasonably be made because there is no attorney of record, because the

party cannot be found, or for any other reason, the court, for good cause on ex

parte application, may direct in what manner and on whom service may be made.

(F) Numerous Parties. In an action in which there is an unusually large number of

parties on the same side, the court on motion or on its own initiative may order

that

(1) they need not serve their papers on each other;

(2) responses to their pleadings need only be served on the party to whose

pleading the response is made;

(3) a cross-claim, counterclaim, or allegation in an answer demanding a reply is

deemed denied by the parties not served; and

(4) the filing of a pleading and service on an adverse party constitutes notice of

it to all parties.

A copy of the order must be served on all parties in the manner the court directs.

(G) Filing With Court Defined. The filing of pleadings and other papers with the

court as required by these rules must be with the clerk of the court, except that the

judge to whom the case is assigned may accept papers for filing when

circumstances warrant. A judge who does so shall note the filing date on the papers

and transmit them forthwith to the clerk. It is the responsibility of the party who

presented the papers to confirm that they have been filed with the clerk. If the

clerk dockets papers on a date other than the filing date, the clerk shall note the

filing date on the register of actions.

Rule 2.108 Time

(A) Time for Service and Filing of Pleadings.

(1) A defendant must serve and file an answer or take other action permitted

by law or these rules within 21 days after being served with the summons and a

copy of the complaint in Michigan in the manner provided in MCR 2.105(A)(1).

(2) If service of the summons and a copy of the complaint is made outside

Michigan, or if the manner of service used requires the summons and a copy of

the complaint to be sent by registered mail addressed to the defendant, the

defendant must serve and file an answer or take other action permitted by law

or these rules within 28 days after service.

(3) When service is made in accordance with MCR 2.106, the court shall allow a

reasonable time for the defendant to answer or take other action permitted by

law or these rules, but may not prescribe a time less than 28 days after

publication or posting is completed.

(4) A party served with a pleading stating a cross-claim or counterclaim against

that party must serve and file an answer or take other action permitted by law

or these rules within 21 days after service.

(5) A party served with a pleading to which a reply is required or permitted may

serve and file a reply within 21 days after service of the pleading to which it is

directed.

(6) In an action alleging medical malpractice filed on or after October 1, 1986,

unless the defendant has responded as provided in subrule (A)(1) or (2), the

defendant must serve and file an answer within 21 days after being served with

the notice of filing the security for costs or the affidavit in lieu of such security

required by MCL 600.2912d.

(B) Time for Filing Motion in Response to Pleading. A motion raising a defense or an

objection to a pleading must be served and filed within the time for filing the

responsive pleading or, if no responsive pleading is required, within 21 days after

service of the pleading to which the motion is directed.

pleading is filed, the time for pleading set in subrule (A) is altered as follows, unless

a different time is set by the court:

(1) If a motion under MCR 2.116 made before filing a responsive pleading is

denied, the moving party must serve and file a responsive pleading within 21

days after notice of the denial. However, if the moving party, within 21 days,

files an application for leave to appeal from the order, the time is extended until

21 days after the denial of the application unless the appellate court orders

otherwise.

(2) An order granting a motion under MCR 2.116 must set the time for service

and filing of the amended pleading, if one is allowed.

(3) The response to a supplemental pleading or to a pleading amended either

as of right or by leave of court must be served and filed within the time

remaining for response to the original pleading or within 21 days after service

of the supplemental or amended pleading, whichever period is longer.

(4) If the court has granted a motion for more definite statement, the

responsive pleading must be served and filed within 21 days after the more

definite statement is served.

(D) Time for Service of Order to Show Cause. An order to show cause must set the

time for service of the order and for the hearing, and may set the time for answer

to the complaint or response to the motion on which the order is based.

(E) Extension of Time. A court may, with notice to the other parties who have

appeared, extend the time for serving and filing a pleading or motion or the doing

of another act, if the request is made before the expiration of the period originally

prescribed. After the expiration of the original period, the court may, on motion,

permit a party to act if the failure to act was the result of excusable neglect.

However, if a rule governing a particular act limits the authority to extend the time,

those limitations must be observed. MCR 2.603(D) applies if a default has been

entered.

(F) Unaffected by Expiration of Term. The time provided for the doing of an act or

the holding of a proceeding is not affected or limited by the continuation or

expiration of a term of court. The continuation or expiration of a term of court does

not affect the power of a court to do an act or conduct a proceeding in a civil action

pending before it.

Rule 2.109 Security for Costs

(A) Motion. On motion of a party against whom a claim has been asserted in a civil

action, if it appears reasonable and proper, the court may order the opposing party

to file with the court clerk a bond with surety as required by the court in an amount

sufficient to cover all costs and other recoverable expenses that may be awarded by

the trial court, or, if the claiming party appeals, by the trial and appellate courts.

The court shall determine the amount in its discretion. MCR 3.604(E) and (F)

govern objections to the surety.

(B) Exceptions. Subrule (A) does not apply in the following circumstances:

(1) The court may allow a party to proceed without furnishing security for costs

if the party's pleading states a legitimate claim and the party shows by affidavit

that he or she is financially unable to furnish a security bond.

(2) Security shall not be required of

(a) the United States or an agency or instrumentality of the United States;

(b) the State of Michigan or a governmental unit of the state, including but

not limited to a public, municipal, quasi-municipal or governmental

corporation, unincorporated board, public body, or political subdivision; or

brings an action in his or her official capacity.

time on just terms,

(1) if the party or the surety moves out of Michigan, or

(2) if the original amount of the bond proves insufficient.

A person who becomes a new or additional surety is liable for all costs from the

commencement of the action, as if he or she had been the original surety.

Rule 2.110 Pleadings

(A) Definition of "Pleading." The term "pleading" includes only:

(1) a complaint,

(2) a cross-claim,

(3) a counterclaim,

(4) a third-party complaint,

(5) an answer to a complaint, cross-claim, counterclaim, or third-party

complaint, and

(6) a reply to an answer.

No other form of pleading is allowed.

(B) When Responsive Pleading Required. A party must file and serve a responsive

pleading to

(1) a complaint,

(2) a counterclaim,

(3) a cross-claim,

(4) a third-party complaint, or

(5) an answer demanding a reply.

may be combined with an answer. The counterclaim or cross-claim must be clearly

designated as such.

(1) A responsive pleading is not required to a cross-claim or counterclaim that

is not clearly designated as such in the answer.

(2) If a party has raised a cross-claim or counterclaim in the answer, but has

not designated it as such, the court may treat the pleading as if it had been

properly designated and require the party to amend the pleading, direct the

opposing party to file a responsive pleading, or enter another appropriate order.

(3) The court may treat a cross-claim or counterclaim designated as a defense,

or a defense designated as a cross-claim or counterclaim, as if the designation

had been proper and issue an appropriate order.

Rule 2.111 General Rules of Pleading

(A) Pleading to be Concise and Direct; Inconsistent Claims.

(1) Each allegation of a pleading must be clear, concise, and direct.

(2) Inconsistent claims or defenses are not objectionable. A party may

(a) allege two or more statements of fact in the alternative when in doubt

about which of the statements is true;

(b) state as many separate claims or defenses as the party has, regardless

of consistency and whether they are based on legal or equitable grounds or

on both.

All statements made in a pleading are subject to the requirements of MCR 2.114.

(B) Statement of Claim. A complaint, counterclaim, cross-claim, or third-party

complaint must contain the following:

(1) A statement of the facts, without repetition, on which the pleader relies in

stating the cause of action, with the specific allegations necessary reasonably to

inform the adverse party of the nature of the claims the adverse party is called

on to defend; and

(2) A demand for judgment for the relief that the pleader seeks. If the pleader

seeks an award of money, a specific amount must be stated if the claim is for a

sum certain or a sum that can by computation be made certain, or if the

amount sought is $25,000 or less. Otherwise, a specific amount may not be

stated, and the pleading must include allegations that show that the claim is

within the jurisdiction of the court. Declaratory relief may be claimed in cases of

actual controversy. See MCR 2.605. Relief in the alternative or relief of several

different types may be demanded.

relies, a responsive pleading must

(1) state an explicit admission or denial;

(2) plead no contest; or

(3) state that the pleader lacks knowledge or information sufficient to form a

belief as to the truth of an allegation, which has the effect of a denial.

(D) Form of Denials. Each denial must state the substance of the matters on which

the pleader will rely to support the denial.

(E) Effect of Failure to Deny.

(1) Allegations in a pleading that requires a responsive pleading, other than

allegations of the amount of damage or the nature of the relief demanded, are

admitted if not denied in the responsive pleading.

(2) Allegations in a pleading that does not require a responsive pleading are

taken as denied.

(3) A pleading of no contest, provided for in subrule (C)(2), permits the action

to proceed without proof of the claim or part of the claim to which the pleading

is directed. Pleading no contest has the effect of an admission only for purposes

of the pending action.

(F) Defenses; Requirement That Defense Be Pleaded.

(1) Pleading Multiple Defenses. A pleader may assert as many defenses, legal

or equitable or both, as the pleader has against an opposing party. A defense is

not waived by being joined with other defenses.

(2) Defenses Must Be Pleaded; Exceptions. A party against whom a cause of

action has been asserted by complaint, cross-claim, counterclaim, or third-party

claim must assert in a responsive pleading the defenses the party has against

the claim. A defense not asserted in the responsive pleading or by motion as

provided by these rules is waived, except for the defenses of lack of jurisdiction

over the subject matter of the action, and failure to state a claim on which relief

can be granted. However,

(a) a party who has asserted a defense by motion filed pursuant to MCR

2.116 before filing a responsive pleading need not again assert that defense

in a responsive pleading later filed;

(b) if a pleading states a claim for relief to which a responsive pleading is

not required, a defense to that claim may be asserted at the trial unless a

pretrial conference summary pursuant to MCR 2.401(C) has limited the

issues to be tried.

(3) Affirmative Defenses. Affirmative defenses must be stated in a party's

responsive pleading, either as originally filed or as amended in accordance with

MCR 2.118. Under a separate and distinct heading, a party must state the facts

constituting

(a) an affirmative defense, such as contributory negligence; the existence

of an agreement to arbitrate; assumption of risk; payment; release;

satisfaction; discharge; license; fraud; duress; estoppel; statute of frauds;

statute of limitations; immunity granted by law; want or failure of

consideration; or that an instrument or transaction is void, voidable, or

cannot be recovered on by reason of statute or nondelivery;

(b) a defense that by reason of other affirmative matter seeks to avoid the

legal effect of or defeat the claim of the opposing party, in whole or in part;

take the adverse party by surprise.

Rule 2.112 Pleading Special Matters

(A) Capacity; Legal Existence.

(1) Except to the extent required to show jurisdiction of a court, it is not

necessary to allege

(a) the capacity of a party to sue,

(b) the authority of a party to sue or be sued in a representative capacity,

party.

(2) A party wishing to raise an issue about

(a) the legal existence of a party,

(b) the capacity of a party to sue or be sued, or

must do so by specific allegation, including supporting facts peculiarly within

the pleader's knowledge.

(B) Fraud, Mistake, or Condition of Mind.

(1) In allegations of fraud or mistake, the circumstances constituting fraud or

mistake must be stated with particularity.

(2) Malice, intent, knowledge, and other conditions of mind may be alleged

generally.

(1) In pleading performance or occurrence of conditions precedent, it is

sufficient to allege generally that all conditions precedent have been performed

or have occurred.

(2) A denial of performance or occurrence must be made specifically and with

particularity.

(D) Action on Policy of Insurance.

(1) In an action on a policy of insurance, it is sufficient to allege

(a) the execution, date, and amount of the policy,

(b) the premium paid or to be paid,

(d) the interest of the insured, and

(e) the loss.

(2) A defense of

(a) breach of condition, agreement, representation, or warranty of a policy

of insurance or of an application for a policy; or

(b) failure to furnish proof of loss as required by the policy must be stated

specifically and with particularity.

(E) Action on Written Instrument.

(1) In an action on a written instrument, the execution of the instrument and

the handwriting of the defendant are admitted unless the defendant specifically

denies the execution or the handwriting and supports the denial with an

affidavit filed with the answer. The court may, for good cause, extend the time

for filing the affidavits.

(2) This subrule also applies to an action against an indorser and to a party

against whom a counterclaim or a cross-claim on a written instrument is filed.

(F) Official Document or Act. In pleading an official document or official act, it is

sufficient to allege that the document was issued or the act done in compliance with

law.

(G) Judgment. A judgment or decision of a domestic or foreign court, a tribal court

of a federally recognized Indian tribe, a judicial or quasi-judicial tribunal, or a board

or officer, must be alleged with sufficient particularity to identify it; it is not

necessary to state facts showing jurisdiction to render it.

(H) Statutes, Ordinances, or Charters. In pleading a statute, ordinance, or

municipal charter, it is sufficient to identify it, without stating its substance, except

as provided in subrule (M).

(I) Special Damages. When items of special damage are claimed, they must be

specifically stated.

(J) Law of Other Jurisdictions; Notice in Pleadings. A party who intends to rely on or

raise an issue concerning the law of

(1) a state other than Michigan,

(2) a United States territory,

(3) a foreign nation or unit thereof, or

(4) a federally recognized Indian tribe

must give notice of that intention either in his or her pleadings or in a written notice

served by the close of discovery.

(K) Fault of Nonparties; Notice.

(1) Applicability. This subrule applies to actions based on tort or another legal

theory seeking damages for personal injury, property damage, or wrongful

death to which MCL 600.2957 and MCL 600.6304, as amended by 1995 PA 249,

apply.

(2) Notice Requirement. Notwithstanding MCL 600.6304, the trier of fact shall

not assess the fault of a nonparty unless notice has been given as provided in

this subrule.

(3) Notice.

(a) A party against whom a claim is asserted may give notice of a claim that

a nonparty is wholly or partially at fault. A notice filed by one party

identifying a particular nonparty serves as notice by all parties as to that

nonparty.

(b) The notice shall designate the nonparty and set forth the nonparty's

name and last known address, or the best identification of the nonparty that

is possible, together with a brief statement of the basis for believing the

nonparty is at fault.

responsive pleading. On motion, the court shall allow a later filing of the

notice on a showing that the facts on which the notice is based were not

and could not with reasonable diligence have been known to the moving

party earlier, provided that the late filing of the notice does not result in

unfair prejudice to the opposing party.

(4) Amendment Adding Party. A party served with a notice under this subrule

may file an amended pleading stating a claim or claims against the nonparty

within 91 days of service of the first notice identifying that nonparty. The court

may permit later amendment as provided in MCR 2.118.

(L) Medical Malpractice Actions.

(1) In an action alleging medical malpractice filed on or after October 1, 1993,

each party must file an affidavit as provided in MCL 600.2912d and 600.2912e.

Notice of filing the affidavit must be promptly served on the opposing party. If

the opposing party has appeared in the action, the notice may be served in the

manner provided by MCR 2.107. If the opposing party has not appeared, the

notice must be served in the manner provided by MCR 2.105. Proof of service of

the notice must be promptly filed with the court.

(2) In a medical malpractice action, unless the court allows a later challenge for

good cause:

(a) all challenges to a notice of intent to sue must be made by motion,

filed pursuant to MCR 2.119, at the time the defendant files its first

response to the complaint, whether by answer or motion, and

(b)all challenges to an affidavit of merit or affidavit of meritorious

defense, including challenges to the qualifications of the signer,

must be made by motion, filed pursuant to MCR 2.119, within 63

days of service of the affidavit on the opposing party. An affidavit

of merit or meritorious defense may be amended in accordance

with the terms and conditions set forth in MCR 2.118 and MCL

600.2301.

(M) Headlee Amendment Actions. In an action alleging a violation of Const 1963,

art 9, §§ 25-34, the factual basis for the alleged violation or a defense must be

stated with particularity. In an action involving Const 1963, art 9, § 29, the

plaintiff must state with particularity the type and extent of the harm and whether

there has been a violation of either the first or second sentence of that section. In

an action involving the second sentence of Const 1963, art 9, §29, the plaintiff

must state with particularity the activity or service involved. All statutes involved in

the case must be identified, and copies of all ordinances and municipal charter

provisions involved, and any available documentary evidence supportive of a claim

or defense, must be attached to the pleading. The parties may supplement their

pleadings with additional documentary evidence as it becomes available to them.

(N) A party whose cause of action is to collect a consumer debt as defined in the

Michigan collection practices act (MCL 445.251[a] and [d]) must also include the

following information in its complaint:

(1) the name of the creditor (as defined in MCL 445.251[e] and [f]), and

(2) the corresponding account number or identification number, or if none is

available, information sufficient to identify the alleged debt, and

(3) the balance due to date.

Rule 2.113 Form of Pleadings and Other Papers

(A) Applicability. The rules on the form, captioning, signing, and verifying of

pleadings apply to all motions, affidavits, and other papers provided for by these

rules. However, an affidavit must be verified by oath or affirmation.

(B) Preparation. Every pleading must be legibly printed in the English language in

type no smaller than 12 point.

(1) The first part of every pleading must contain a caption stating

(a) the name of the court;

(b) the names of the parties or the title of the action, subject to subrule

(D);

suffix for the case-type code from a list provided by the State Court

Administrator pursuant to MCR 8.117 according to the principal subject

matter of the proceeding;

(d) the identification of the pleading (see MCR 2.110[A]);

(e) the name, business address, telephone number, and state bar number

of the pleading attorney;

(f) the name, address, and telephone number of a pleading party appearing

without an attorney; and

(g) the name and state bar number of each other attorney who has

appeared in the action.

(2) The caption of a complaint must also contain either (a) or (b) as a

statement of the attorney for the plaintiff, or of a plaintiff appearing without an

attorney:

(a) There is no other pending or resolved civil action arising out of the

transaction or occurrence alleged in the complaint.

(b) A civil action between these parties or other parties arising out of the

transaction or occurrence alleged in the complaint has been previously filed

in [this court]/[_____ Court], where it was given docket number _____ and

was assigned to Judge _____. The action [remains]/[is no longer] pending.

(3) If an action has been assigned to a particular judge in a multi-judge court,

the name of that judge must be included in the caption of a pleading later filed

with the court.

(D) Names of Parties.

(1) In a complaint, the title of the action must include the names of all the

parties, with the plaintiff's name placed first.

(2) In other pleadings, it is sufficient to state the name of the first party on

each side with an appropriate indication of other parties, such as "et al."

(E) Paragraphs; Separate Statements.

(1) All allegations must be made in numbered paragraphs, and the paragraphs

of a responsive pleading must be numbered to correspond to the numbers of

the paragraphs being answered.

(2) The content of each paragraph must be limited as far as practicable to a

single set of circumstances.

(3) Each statement of a claim for relief founded on a single transaction or

occurrence or on separate transactions or occurrences, and each defense other

than a denial, must be stated in a separately numbered count or defense.

(F) Exhibits; Written Instruments.

(1) If a claim or defense is based on a written instrument, a copy of the

instrument or its pertinent parts must be attached to the pleading as an exhibit

unless the instrument is

(a) a matter of public record in the county in which the action is

commenced and its location in the record is stated in the pleading;

(b) in the possession of the adverse party and the pleading so states;

reason; or

(d) of a nature that attaching the instrument would be unnecessary or

impractical and the pleading so states, giving the reason.

(2) An exhibit attached or referred to under subrule (F)(1)(a) or (b) is a part of

the pleading for all purposes.

(G) Adoption by Reference. Statements in a pleading may be adopted by reference

only in another part of the same pleading.

Subpages (2): MCR Civil Procedure (con't 1) MCR Civil Procedure (con't 2)