Notice of Appearance - Michigan

NOTICE OF APPEARANCE

State of Michigan Circuit Court -- Civil Division

1. COURT SELECTION

☐ Circuit Court for the County of [________________________________]
☐ District Court -- [________________________________] District
☐ Probate Court for the County of [________________________________]
☐ Court of Claims

Judicial Circuit Number: [________________________________]

Note: Michigan has 57 circuit courts covering 83 counties. Some circuits cover multiple counties. Identify the correct circuit number and county.

2. CASE CAPTION

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

[________________________________],
     Plaintiff(s),

v.                                                    Case No. [________________________________]
                                                      Hon. [________________________________]

[________________________________],
     Defendant(s).

3. DOCUMENT TITLE

APPEARANCE

(Notice of Appearance of Counsel for [________________________________])

SCAO Form Note: Michigan courts have an SCAO-approved form MC 02 (Appearance) that comports with MCR 2.117. Practitioners should confirm whether the court requires use of the official SCAO form or will accept a substantially similar document.

4. PARTY INFORMATION

Party Represented: [________________________________]

Party's Role in This Action:

☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Plaintiff
☐ Cross-Defendant
☐ Counter-Plaintiff
☐ Counter-Defendant
☐ Intervenor
☐ Garnishee Defendant
☐ Personal Representative
☐ Other: [________________________________]

Party's Address:
[________________________________]
[________________________________]
[________________________________]

Party's Telephone: [________________________________]

5. ATTORNEY INFORMATION AND APPEARANCE STATEMENT

Pursuant to MCR 2.117(B), the undersigned attorney hereby enters an appearance on behalf of [________________________________] ("Client"), the [☐ Plaintiff / ☐ Defendant / ☐ Other: ____________________] in the above-captioned matter. All further pleadings, motions, notices, and orders should be served on the undersigned in accordance with MCR 2.107.

Attorney Name: [________________________________]

Michigan State Bar Number (P-Number): P[________________________________]

Law Firm Name: [________________________________]

Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Street Address (if different):
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Facsimile: [________________________________]

Primary Email: [________________________________]

Secondary Email: [________________________________]

MCR 2.117(B) Note: An "Appearance by an Attorney" means an act indicating that the attorney represents a party in the action. An attorney may appear by filing any document with the court, but filing the SCAO Form MC 02 or a notice of appearance is the standard method.

6. TYPE OF APPEARANCE

☐ General Appearance -- The undersigned enters a general appearance for the above-named party in all aspects of this civil action.

☐ Appearance as Co-Counsel -- The undersigned enters this appearance as co-counsel alongside [________________________________], P[________________________________]. The undersigned shall serve as:
☐ Lead Counsel
☐ Associate Counsel
☐ Local Counsel

☐ Substitution of Counsel -- The undersigned enters this appearance as substitute counsel for [________________________________], P[________________________________].
☐ Stipulation and Order for Substitution of Counsel is filed simultaneously
☐ Prior counsel's withdrawal has been approved by the Court
☐ Client's written consent to substitution is attached / on file

☐ Limited Scope Appearance -- See Section 8 below.

7. CONSENT TO ELECTRONIC SERVICE VIA MiFILE

Pursuant to MCR 1.109(G) (Electronic Filing and Service) and the MiFILE system:

☐ ACCEPTS electronic service through the MiFILE electronic filing system (formerly TrueFiling).

MiFILE Registered Email Address: [________________________________]

Additional Notification Email (if any): [________________________________]

☐ DOES NOT ACCEPT electronic service and requests service by traditional means under MCR 2.107(C).

MiFILE Registration

☐ The undersigned is a registered MiFILE user.
MiFILE User Account: [________________________________]

☐ The undersigned will register for MiFILE within [____] days.

☐ The undersigned is exempt from electronic filing because: [________________________________]

MiFILE Note: Michigan courts use the MiFILE system for electronic filing and service. Attorneys must register for MiFILE to file documents electronically. When documents are eFiled and eServed through MiFILE, the system provides confirmation of electronic service.

8. LIMITED SCOPE APPEARANCE

(Complete this section only if filing a limited scope appearance)

Pursuant to MCR 2.117(B)(2)(c) and using SCAO Form MC 516 (Notice of Limited Scope Appearance) where required:

Scope of Limited Representation:

☐ Specific motion or hearing: [________________________________]

☐ Specific issue: [________________________________]

☐ Discovery phase only

☐ Trial only

☐ Settlement negotiations / mediation only

☐ Case evaluation proceedings

☐ Facilitation proceedings

☐ Other: [________________________________]

Detailed Description of Limitation:
[________________________________]
[________________________________]
[________________________________]

Anticipated Duration:

From: [__/__/____] To: [__/__/____]

☐ Through the conclusion of the specified proceeding(s)

Client Acknowledgment:

☐ The Client has provided written informed consent to the limited scope representation.
☐ A written limited scope agreement has been executed and is on file with counsel.
☐ Client has been advised that the attorney will withdraw upon completion of the specified scope.

SCAO Form Requirements:

☐ SCAO Form MC 516 (Notice of Limited Scope Appearance) is filed simultaneously herewith or in lieu of this document.
☐ Upon conclusion of the limited scope, SCAO Form MC 517 (Notice of Withdrawal from Limited Scope Appearance) will be filed.

MCR 2.117(C)(2) Note: An attorney who has entered a limited scope appearance may withdraw by filing a Notice of Withdrawal from Limited Scope Appearance (SCAO Form MC 517) when the particular proceeding or matter for which the appearance was entered has concluded. Court approval may be required if the withdrawal would prejudice the client.

9. PRO HAC VICE ADMISSION

(Complete this section only if appearance involves an out-of-state attorney)

Out-of-State Attorney:

Name: [________________________________]

Bar Admission(s):
| State | Bar Number | Status |
|-------|-----------|--------|
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |
| [________________________________] | [________________________________] | ☐ Active ☐ Inactive |

Pro Hac Vice Requirements Checklist:

☐ Motion for Temporary Admission (Pro Hac Vice) filed

☐ Affidavit of Applicant Attorney filed

☐ Certificate of Good Standing from the attorney's home jurisdiction attached

☐ Pro hac vice fee paid (confirm current fee with the State Bar of Michigan)

☐ Disclosure of prior pro hac vice admissions in Michigan

☐ Sponsoring Michigan attorney identified:

Name: [________________________________]
P-Number: P[________________________________]
Firm: [________________________________]

☐ Order Granting Pro Hac Vice Admission entered on: [__/__/____]

Michigan Requirement: An out-of-state attorney must associate with a Michigan-licensed attorney who will serve as local counsel and who will remain responsible for the case.

10. JURY DEMAND

(Optional -- may be combined with appearance filing)

☐ The [☐ Plaintiff / ☐ Defendant / ☐ Other Party] hereby demands a trial by jury.

☐ Jury of 6 persons
☐ Jury of 12 persons (if available for this case type)

Practice Note: In Michigan, a jury demand and corresponding jury fee are often filed concurrently with an Appearance. Confirm with the Clerk whether a separate jury demand fee is required.

11. PROOF OF SERVICE

I certify that on [__/__/____], I served the foregoing Notice of Appearance / Appearance on the parties or their counsel by the following means permitted under MCR 2.107(C):

☐ MiFILE electronic service

☐ First-class United States mail, postage prepaid

☐ Hand delivery / personal service

☐ Facsimile transmission

☐ Email (with consent of recipient)

to the following:

12. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
(Law Firm Name)


By: ____________________________________________
    [________________________________]
    State Bar of Michigan No. P[________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    Telephone: [________________________________]
    Facsimile: [________________________________]
    Email: [________________________________]

    Attorney for [________________________________]

13. EFILING AND PROCEDURAL INSTRUCTIONS

MiFILE Electronic Filing System

1. Platform: Michigan courts use MiFILE for electronic filing and service. The system was previously known as TrueFiling in some jurisdictions.

2. Registration: Attorneys must register for a MiFILE account using their State Bar of Michigan P-number.

3. Mandatory E-Filing: Verify whether e-filing is mandatory in the specific circuit. Many Michigan circuit courts have implemented mandatory e-filing through MiFILE.

4. SCAO Forms: The State Court Administrative Office (SCAO) provides approved forms for many filings. Form MC 02 is the standard Appearance form. When a court requires the SCAO form, use it rather than or in addition to this template.

5. Filing Fees: Appearance and jury demand fees are payable through MiFILE when filing electronically. Confirm the current fee schedule with the Clerk.

SCAO Approved Forms Reference

Service Requirements Under MCR 2.107

• Service of pleadings and papers after the original complaint must be made upon each party's attorney of record.
• MCR 2.107(C) authorizes service by delivery, mailing, electronic service through MiFILE, or other means approved by the court.
• When service is made through MiFILE, the system generates a confirmation of service.

Important Practice Considerations

• Appearance vs. Answer: Filing an Appearance does not constitute an answer. The 21-day (or 28-day if served by mail) period to file a responsive pleading continues to run under MCR 2.108.
• Jury Demand and Fee: Some courts require the jury demand and fee to be filed with the initial Appearance. Confirm with the Clerk's office.
• Withdrawal: Under MCR 2.117(C), an attorney may withdraw only with leave of court, unless another attorney has filed an appearance for the same party. The court may deny withdrawal if it would delay proceedings or prejudice the client.
• Case Evaluation: Michigan's case evaluation process (MCR 2.403) is unique. Be aware of case evaluation timelines when entering an appearance.

14. PRACTITIONER NOTES -- MICHIGAN-SPECIFIC

Court Structure

• Circuit Court: Courts of general jurisdiction (57 circuits covering 83 counties).
• District Court: Courts of limited jurisdiction; civil claims generally up to $25,000.
• Probate Court: Jurisdiction over estates, trusts, guardianships, conservatorships.
• Court of Claims: Exclusive jurisdiction over claims against the State of Michigan.

P-Number System

• Michigan attorneys are identified by their "P-number" (e.g., P12345), assigned by the State Bar of Michigan.
• The P-number must appear on all court filings, prefixed with the letter "P."

Michigan-Specific ADR Processes

• Case Evaluation (MCR 2.403): A panel of three attorney-evaluators assesses the case and provides a monetary evaluation. Parties who reject and fail to improve their position may face sanctions.
• Facilitation (MCR 2.404): Court-ordered mediation process.
• Mediation (MCR 2.411): Voluntary or court-ordered mediation.

Filing Fees (Subject to Change)

• Circuit Court civil filing fees and appearance fees vary. Confirm current fees with the Clerk.
• Jury demand fees are separate and must be paid at the time of the demand.
• Fee waivers are available for qualifying indigent litigants.

Key Differences from Federal Practice

• Michigan uses "Michigan Court Rules" (MCR) rather than rules modeled directly on the Federal Rules.
• The MCR uses "Proof of Service" rather than "Certificate of Service."
• Michigan's case evaluation process has no federal equivalent.
• Discovery rules under MCR 2.301-2.315 are similar but not identical to the Federal Rules.
• The SCAO form system (MC series) is unique to Michigan practice.

This template is designed for use in Michigan Circuit, District, and Probate Courts. Verify all rule citations and local requirements before filing. Court rules and SCAO forms are subject to change. Check courts.michigan.gov for current forms.