State Court Motion for Summary Judgment

[COURT CAPTION]

STATE OF MICHIGAN
IN THE ☐ [CIRCUIT/DISTRICT] COURT
COUNTY OF ☐

[PLAINTIFF NAME(S)],
Plaintiff[s],

v.

[DEFENDANT NAME(S)],
Defendant[s].

Case No.: [___]
Hon. [Judge’s Full Name]
ORAL ARGUMENT REQUESTED | EXPEDITED CONSIDERATION REQUESTED (✓/✗)

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MOTION FOR
SUMMARY DISPOSITION
(Mich. Ct. R. 2.116(C)(10) and/or Other Applicable Grounds)
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TABLE OF CONTENTS

1. Document Header
2. Notice of Motion and Hearing
3. Motion for Summary Disposition

4. Brief in Support
   4.1 Introduction
   4.2 Statement of Undisputed Material Facts
   4.3 Standard for Summary Disposition (Michigan)
   4.4 Argument
   4.5 Conclusion and Relief Requested

5. Certification Regarding Concurrence (MCR 2.119(C)(3)(a))

6. Compliance Certificate – Word/Page Limits
7. Proposed Order
8. Signature Block
9. Verification (if required)
10. Proof of Service
11. Exhibit Index

1. NOTICE OF MOTION AND HEARING

PLEASE TAKE NOTICE that on [DATE] at [TIME] or as soon thereafter as counsel may be heard, in Courtroom ☐ of the [Name of Courthouse], the undersigned will move this Honorable Court for an order granting summary disposition in favor of [MOVING PARTY] pursuant to Mich. Ct. R. 2.116(C)([##]) for the reasons set forth below and in the accompanying brief.

2. MOTION FOR SUMMARY DISPOSITION

NOW COMES [Moving Party], by and through its attorneys, [Law Firm Name], and, pursuant to Mich. Ct. R. 2.116, respectfully moves this Court for summary disposition in its favor and states:

1. Jurisdiction and Venue. This Court has jurisdiction over the parties and subject matter, and venue is proper under MCL 600.1605–1629.
2. Claims at Issue. Plaintiff asserts claims for [BREACH OF CONTRACT / NEGLIGENCE / ETC.] as set forth in the [Amended] Complaint dated [DATE].
3. Grounds for Motion. Summary disposition is appropriate under Mich. Ct. R. 2.116(C)([##]) because [brief statement of grounds—e.g., “there is no genuine issue as to any material fact and Defendant is entitled to judgment as a matter of law”].
4. Supporting Evidence. In support of this Motion, [Moving Party] relies upon the pleadings, depositions, answers to interrogatories, admissions on file, and the sworn affidavits and exhibits attached hereto. See Mich. Ct. R. 2.116(G)(3)–(6).
5. Relief Requested. [Moving Party] requests that the Court enter judgment in its favor and dismiss Plaintiff’s [identify claims or entire action] with prejudice, together with such further relief as the Court deems just.

WHEREFORE, for the reasons set forth herein and in the accompanying brief, [Moving Party] respectfully requests that this Court grant its Motion for Summary Disposition in its entirety.

3. BRIEF IN SUPPORT

3.1 Introduction

This dispute arises out of [concise factual overview]. The material facts are not genuinely in dispute, and under controlling Michigan law, [Moving Party] is entitled to judgment as a matter of law.

3.2 Statement of Undisputed Material Facts

Pursuant to MCR 2.116(G)(4), the following facts are not genuinely disputed:

3.3 Legal Standard

Under Mich. Ct. R. 2.116(C)(10), summary disposition is proper when “there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” The moving party bears the initial burden of supporting its motion with admissible evidence. Id. 2.116(G)(3). The burden then shifts to the non-movant to produce evidence establishing a genuine issue of material fact. Id. 2.116(G)(4). Speculation or conjecture is insufficient.

3.4 Argument

A. Claim One – [e.g., Breach of Contract] Fails as a Matter of Law.

1. No Contract Existed / Conditions Precedent Not Met.
2. No Damages Evidence.

B. Claim Two – [e.g., Negligence] Is Barred by [Statute / Economic Loss Doctrine].

C. [Affirmative Defenses] Independently Warrant Judgment.

3.5 Conclusion and Relief Requested

Because no genuine issue of material fact exists and the law favors [Moving Party], this Court should enter summary disposition in favor of [Moving Party] and dismiss Plaintiff’s claims with prejudice.

4. CERTIFICATION REGARDING CONCURRENCE

Pursuant to MCR 2.119(C)(3)(a), counsel for [Moving Party] certifies that on [DATE] he/she sought concurrence in the relief requested by contacting counsel for [Non-Moving Party] via [telephone/email]. Concurrence was [denied / not received].

5. COMPLIANCE CERTIFICATE – WORD/PAGE LIMITS

I certify that this brief complies with the [20-page] limit set forth in MCR 2.119(A)(2). Word count (Microsoft Word, inclusive of headings and footnotes): ☐.

6. PROPOSED ORDER

(Attached as “Proposed Order Granting Summary Disposition.”)

7. SIGNATURE BLOCK

Respectfully submitted,

__________________________________
[Attorney Name] (P[Number])
[Law Firm Name]
[Address]
[Phone] | [Email]
Attorneys for [Moving Party]
Dated: [DATE]

8. VERIFICATION / AFFIDAVIT (If Required)

I, [Name], being first duly sworn, depose and state that the factual statements set forth in the foregoing Motion are true and correct to the best of my knowledge, information, and belief.

__________________________________
[Name]
Subscribed and sworn to before me on [DATE].
__________________________________
Notary Public, State of Michigan, County of ☐
My commission expires: [___]

9. PROOF OF SERVICE

I certify that on [DATE], I served the foregoing Motion for Summary Disposition, Brief in Support, Proposed Order, and all referenced exhibits upon all parties of record via [e-service/MiFile/first-class mail/hand delivery], pursuant to MCR 2.107.

__________________________________
[Attorney Name]

10. EXHIBIT INDEX

Ex. A – Affidavit of [Name]
Ex. B – Deposition Excerpts of [Name] (pp. __)
Ex. C – [Contract / Correspondence dated ____]
Ex. D – [Additional Document]

PRACTICAL NOTES & CUSTOMIZATION CHECKLIST

1. Select the correct MCR 2.116(C) subsections. Combine (C)(8) and (C)(10) where appropriate.
2. Confirm court-specific scheduling order and local rules for page limits, font size, motion days, and judge’s preferences.
3. File a separate “Notice of Hearing” if required by the clerk.
4. E-file through MiFile (MCR 1.109) and upload text-searchable PDFs.
5. Time service and filing to comply with the court’s scheduling order and the 21-day response window under MCR 2.116(G)(1)(a).
6. Attach a draft order in editable format if the judge requires.
7. For affidavits, ensure personal knowledge, competence to testify, and attachment of referenced documents (MCR 2.119(B)(1)).
8. Redact personal identifying information per MCR 1.109(D)(9).

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