Canton, MI asked in Family Law and Civil Litigation for Michigan

Q: Does a Motion for Summary Judgement/Disposition replace a response to a complaint in a General Civil case? Default?

Is this a default if they did not also file a responsive plea? it has been over 90 days

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: It can in some cases, depending on the issue(s) presented. And note that it's the plaintiff's burden to keep the case moving in that 90 day window you reference, otherwise the court may dismiss the case for lack of progress.

It sounds like you, or perhaps both parties, are unrepresented. The court rules that governs proceedings are not intuitive, and I would suggest at least consulting with a local attorney if you are not sure what to do. An ounce of medicine is worth a pound of cure, and could prevent the need to start over from Square One.

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