Mich. Admin. Code 792.10235 - Answers
Rule 235.
(1) The
respondent shall file an answer or responsive motion within 28 days after the
date of service of the petition with noted docket number. Failure to file an
answer or responsive motion within 28 days may result in the holding of the
respondent in default and may, if the respondent fails to timely cure the
default, result in the conducting of a default hearing, as provided in R
792.10237.
(2) The answer must be
signed and advise the petitioner and the tribunal of the nature of the
defenses. The answer must also contain a specific admission or denial of each
material allegation in the petition. If the respondent is without knowledge or
information sufficient to form a belief as to the truth of an allegation, then
the answer must so state and the statement has the effect of a denial. If the
respondent intends to qualify or deny only a part of an allegation, then the
answer must specify so much of the allegation as is true and qualify or deny
only the remainder. In addition, the answer must contain a clear and concise
statement of every ground on which the respondent relies and has the burden of
proof. Paragraphs of the answer must be designated to correspond to paragraphs
of the petition to which they relate.
(3) An answer may assert as many defenses as
the respondent may have against the claims raised by the petitioner. A defense
is not waived by being joined with 1 or more other defenses. All defenses not
asserted in either the answer or by appropriate motion are waived, except for
either of the following defenses:
(a) Lack of
jurisdiction.
(b) Failure to state
a claim upon which relief may be granted.
(4) For special assessment contested cases,
the answer must specify the statutory authority under which the special
assessment district was created and a copy of the resolution confirming the
special assessment roll must be submitted concurrently with the
answer.
(5) For non-property tax
contested cases, a copy of the final assessment, decision, or order being
appealed must be submitted concurrently with the answer.
(6) For contested tax bill contested cases,
the answer must specify the date the contested tax bill was
mailed.
Notes
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