Mich. Admin. Code R. 792.10405 - Pleadings; verification and effect; adoption by reference; signature of attorney

Rule 405.

(1) Unless otherwise provided by these rules, statute, or commission order, a pleading need not be verified or accompanied by an affidavit.

(2) Statements in a pleading may be adopted by reference when they are clearly identified and a copy is attached.

(3) Every pleading of a party represented by an attorney must be signed or electronically signed by an attorney of record. A party who is not represented by an attorney shall sign or electronically sign the pleading.

(4) If a pleading is not signed, it is subject to rejection by the presiding officer or the commission unless it is signed promptly after the omission is called to the attention of the pleader.

(5) The signature or electronic signature of an attorney or party, whether or not the party is represented by an attorney, constitutes a certification by the signer of all of the following:

(a) The signer has read the pleading.

(b) To the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the pleading is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.

(c) The pleading is not interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of the proceeding.

(6) If an application requests ex parte relief from the commission, the application must include "ex parte" in its title.

(7) Parties to a proceeding shall designate themselves as applicants, complainants, intervenors, respondents, or staff according to the nature of the proceeding and the relationship of the parties.

Notes

Mich. Admin. Code R. 792.10405

2015 AACS; 2023 MR 19, Eff. 9/29/2023