Michigan

The Michigan Litigation Process - Request for Summary Disposition

This is the fourth post in a series on the Michigan litigation process.

Once discovery has been completed (and sometimes before), the defendant or plaintiff (or both) will typically ask the court to rule in their favor as a matter of law, without a trial. In Michigan state court cases, motions for summary disposition are governed by Rule 2.116 of the Michigan Court Rules.

In evaluating a request for summary disposition, the judge reviews the pleadings as well as the motions and briefs filed by each party essentially summarizing the case and articulating the reasons why that party should win the case without having to go to trial.

The judge also relies on evidence gathered by the parties during the discovery phase of the lawsuit and presented to the court in connection with the motion(s) for summary disposition. It is important to remember that neither party is required to request summary disposition, but in most cases one or both parties usually files a summary disposition motion.

When reviewing the presented evidence, the judge must draw all inferences in favor of the party opposing the summary disposition, and may grant the motion only if there are no genuine issues of material fact and the party requesting summary judgment is entitled to it as a matter of law.

If a judge grants a motion for summary disposition, the case does not proceed to trial. However, the case may not be over since the party who loses a summary disposition motion is entitled to file an appeal of the judge's decision.

Full post as published by Michigan Business Lawyer Blog on February 25, 2008 (boomark / email).