Michigan

The Michigan Litigation Process -- Initial Pleading Stage

This is the second post in a series of posts about the Michigan litigation process.

The first stage in a typical lawsuit is the filing of initial pleadings. A lawsuit is started when the plaintiff files a complaint with the court. If a plaintiff wants to have a jury decide the case, they must also file a "jury demand" at this initial stage of the case. Once a complaint is filed, the Michigan Court Rules give a defendant has 21 days to file their answer.

Along with the answer, a defendant must file any "affirmative defenses" they may have to the plaintiff's claims. Affirmative defenses are defenses that entitle the defendant to a dismissal of the plaintiff's lawsuit, even if the plaintiff's claims are true. For example, a defendant may claim as an affirmative defense that a plaintiff has not filed their lawsuit within the time required under the applicable statute of limitations. If that is true, then even if what the plaintiff claims in their lawsuit is true, the case will be dismissed.

If a plaintiff does not file a "jury demand" with their complaint, a defendant can file one with their answer, and the case will be decided by a jury, even if the plaintiff did not want a jury to hear their case.

In some circumstances, a case may be dismissed at the initial pleadings phase or judgment could be entered in favor of either party if appropriate. An example of this situation is if the plaintiff fails to state a legally recognizable claim against the defendant. Depending on the circumstances, a court could give the plaintiff the opportunity to "amend" their initial pleadings to cure the deficiency, or it could dismiss the case altogether.

Needless to say, litigation is not a "do it yourself" project. If an entrepreneur or business finds themselves in litigation, or anticipates that they might be in litigation soon, the first thing they should do is contact a knowledgeable and experienced Michigan litigation attorney to assist them in protecting their legal rights.

Full post as published by Michigan Business Lawyer Blog on February 20, 2008 (boomark / email).