Mich. Admin. Code 792.10225 - Commencement of contested cases; motions to amend to add a subsequent tax year; election of small claims division and entire tribunal; other filings; notice of no action
Rule 225.
(1) A
contested case is commenced by mailing, delivering, or submitting through the
tribunal's e-filing system a petition with the appropriate filing fee within
the time period prescribed by statute.
(2) A motion to amend a property tax appeal
petition to include an assessment in a subsequent tax year is considered filed
within the time period prescribed by statute if it is mailed, delivered, or
submitted through the tribunal's e-filing system with the appropriate filing
fee on or before the expiration of the applicable time period.
(3) If a petitioner files a defective
petition and the tribunal is unable to determine the division of the tribunal
in which the petitioner intended to file the contested case, the petitioner is
presumed to have elected to have the matter heard in the small claims division.
If a motion to transfer is filed after the scheduling of the hearing and the
motion is granted by the tribunal, the moving party shall pay all tribunal
filing fees and any reasonable costs that the tribunal determines may be
incurred by the opposing party as a direct result of the transfer.
(4) Pleadings, motions, documents, and
exhibits are considered filed upon mailing or delivery. Pleadings, motions,
documents, and exhibits may also be submitted through the tribunal's e-filing
system. Pleadings, motions, documents, and exhibits submitted through the
tribunal's efiling system are considered filed upon successful submission of
the pleading, motion, document, or exhibit. Unsuccessful submissions through
the tribunal's e-filing system due to a system-wide outage are considered
timely if filed on the following business day. Pleadings, motions, other than a
motion to amend a property tax appeal petition to include an assessment in a
subsequent tax year, documents, and exhibits may be submitted by email to the
email address designated by the tribunal. Pleadings, motions, documents, and
exhibits submitted by email to the email address designated by the tribunal are
considered filed when the email is received by the tribunal.
(5) A submission by mail is considered filed
on the date indicated by the United States Postal Service postmark on the
envelope containing the submission. A submission without a postmark or with an
illegible postmark is considered filed on the date the submission is received
by the tribunal. A submission by commercial delivery service is considered
filed on the date the submission is given to the commercial service for
delivery to the tribunal as indicated by the receipt date on the package
containing the submission. A submission by personal service is considered filed
on the date the submission is received. A submission through the tribunal's
e-filing system by 11:59 p.m. on a business day is considered filed on that
business day. A submission by email to the email address designated by the
tribunal by 11:59 p.m. on a business day is considered filed on that business
day. A submission on a Saturday, Sunday, or holiday is considered filed on the
following business day, as provided by section 35a of the tax tribunal act, MCL
205.735a.
(6) If a motion filed by mail, delivery, or
through the tribunal's e-filing system is not accompanied by the required
filing fee, the tribunal shall issue a notice of no action. If a motion is
submitted by email to the email address designated by the tribunal and the
required filing fee is not paid within 14 days after the date the motion was
emailed, the tribunal may issue a notice of no action or an order holding the
party that filed the motion in default. If the required filing fee is paid
within 14 days after the issuance of the notice of no action, action shall be
taken on the motion based on the date that the motion was originally submitted
to the tribunal. If the required filing fee is not paid within 14 days after
the issuance of the notice of no action, no action shall be taken on the
motion.
(7) If a motion or document,
other than a petition, is not accompanied by a required proof of service, the
tribunal shall issue a notice of no action. If the required proof of service is
filed within 14 days after the issuance of the notice of no action, action
shall be taken on the motion or document based on the date the motion or
document was originally submitted to the tribunal. If the required proof of
service is not filed within 14 days after the issuance of the notice of no
action, no action shall be taken on the motion or document.
(8) If a motion and brief or response and
brief does not comply with the written motion practice requirements indicated
in subrule (5) of this rule, the tribunal shall issue a notice of no action. If
a notice of no action is issued because a motion and brief does not comply with
the written motion practice requirements and a motion and brief complying with
those requirements is not filed within 14 days after the issuance of the notice
of no action, no action shall be taken on the motion. If a notice of no action
is issued because a response and brief does not comply with the written motion
practice requirements and a response and brief complying with those
requirements is not filed within 14 days after the issuance of the notice of no
action, action shall be taken on the motion based on the motion and brief
only.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Rule 225.
(1) All requests to the tribunal requiring an order in a contested case , including stipulated requests, must be made by written motion that is signed and filed with the tribunal and accompanied by the appropriate fee, unless otherwise ordered by the tribunal. Motions may be amended or supplemented by leave of the tribunal only, and leave to amend or supplement shall be freely given as justice requires.
(2) Motions must be served concurrently on all other parties of record unless an attorney or authorized representative has filed an appearance on behalf of those parties and then service must be made on the attorney or authorized representative .
(3) Written responses to motions, other than motions for which a motion for immediate consideration has been filed or motions for reconsideration, must be signed and filed within 21 days after service of the motion, unless otherwise ordered by the tribunal.
(4) Written responses to motions, for which a motion for immediate consideration has been filed must be signed and filed within 7 days after service of the motion for immediate consideration, if the motion for immediate consideration includes a statement verifying that the moving party has notified all other parties regarding the filing of the motion for immediate consideration and indicating whether those parties will be filing a response to the motion or motions for which the motion of immediate consideration is being filed. If the motion for immediate consideration does not include that statement, written opposition to those motions must be filed within 21 days after service of the motion for immediate consideration, unless otherwise ordered by the tribunal.
(5) Written motion practice is limited to the motion and a brief in support of the motion and a single response to the motion and a brief in support of the response . Except as ordered by the tribunal, the combined length of any motion and brief or response and brief may not exceed 20 pages doubled-spaced with 1-inch margins and 12-point type, exclusive of attachments and exhibits. Case quotes and footnotes in a brief may be single-spaced. A brief in support of a motion or response , if any, must be filed concurrently with the motion or response .