Mich. Admin. Code 792.10231 - Motions
Rule 231.
(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 must 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.
Notes
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Rule 231.
(1) If a party has failed to plead, or otherwise proceed as provided by these rules or a tribunal order, the tribunal may, upon motion or its own initiative, hold that party in default. A party held in default shall cure the default as provided by the order holding the party in default. Failure to cure the default may result in the dismissal of the contested case or the conducting of a default hearing .
(2) If a petitioner fails to appear for a scheduled proceeding other than a prehearing conference or a non-property tax scheduling conference, after a properly served notice of the proceeding, the tribunal shall issue an order holding the petitioner in default and, if the default is not timely cured, may dismiss the contested case . If a petitioner fails to appear for a scheduled prehearing conference or scheduled non-property tax scheduling conference, after a properly served notice of the conference, the tribunal may conduct the conference without the participation of the petitioner or issue an order holding the petitioner in default and, if the default is not timely cured, may dismiss the contested case .
(3) If the respondent fails to appear for a scheduled proceeding other than a prehearing conference or non-property tax scheduling conference, after a properly served notice of the proceeding, the tribunal shall issue an order holding the respondent in default and, if the default is not timely cured, may conduct a default hearing . If the respondent fails to appear for a scheduled prehearing conference or scheduled non-property tax scheduling conference, after a properly served notice of the conference, the tribunal may conduct the conference without the participation of the respondent or issue an order holding the respondent in default and, if the default is not timely cured, may conduct a default hearing .
(4) A petition may be withdrawn upon a motion filed by the petitioner before the answer or first responsive motion has been filed with the tribunal. Once the answer or first responsive motion has been filed, a petition may be withdrawn upon motion filed by petitioner only if the other parties do not object to the withdrawal for substantive reasons. For purposes of this subrule, a request for costs is not a substantive reason.
(5) The tribunal may, upon motion, transfer a contested case pending in the entire tribunal to the small claims division .