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

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [YY-####-XX]
Hon. [Judge]
[DEFENDANT NAME],
Defendant.

DEFENDANT’S MOTION TO DISMISS
(also styled, where appropriate, as “Motion for Summary Disposition” under MCR 2.116)

[// GUIDANCE: Michigan practice uses the term “summary disposition.” If you are challenging only the pleadings under MCR 2.116(C)(8), caption the motion “for Summary Disposition.” If you are challenging jurisdiction, statute of limitations, or undisputed facts, cite the applicable subdivision(s) of MCR 2.116(C).]

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TABLE OF CONTENTS — (auto-generate in word-processing program)

1. Relief Requested & Grounds ..................................... § I
2. Statement of Material Facts .................................... § II
3. Standard of Review ............................................. § III
4. Argument ....................................................... § IV
   A. Failure to State a Claim (MCR 2.116(C)(8)) ............... § IV-A
   B. No Genuine Issue of Material Fact (MCR 2.116(C)(10)) ..... § IV-B
   C. [Other Ground] .......................................... § IV-C
5. Request for Oral Argument ..................................... § V
6. Affirmation of Concurrence Effort .............................. § VI
7. Conclusion & Relief ........................................... § VII
8. Notice of Hearing ............................................. § VIII
9. Proof of Service .............................................. § IX
10. Proposed Order (Exhibit 1) ................................... § X
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I. RELIEF REQUESTED & GROUNDS
Defendant [DEFENDANT] respectfully moves, under MCR 2.116(C)([insert subdivisions]), to dismiss all claims asserted in Plaintiff’s Complaint because:
a. The Complaint fails to state a claim upon which relief can be granted, MCR 2.116(C)(8);
b. There is no genuine issue of material fact and Defendant is entitled to judgment as a matter of law, MCR 2.116(C)(10); and/or
c. [Add any additional grounds, e.g., lack of subject-matter jurisdiction (C)(4), statute of limitations (C)(7), etc.].

II. STATEMENT OF MATERIAL FACTS
[Provide concise, numbered paragraphs. For (C)(8) motions, limit facts to the pleadings.
For (C)(10) motions, cite evidentiary support and attach exhibits.]
1. …
2. …
3. …

III. STANDARD OF REVIEW
1. Motions brought under MCR 2.116(C)(8) test the legal sufficiency of the pleadings alone. All well-pleaded factual allegations are accepted as true and construed in the light most favorable to the non-moving party.
2. Motions under MCR 2.116(C)(10) test whether there is a genuine issue of material fact. The moving party must support the motion with evidence as permitted by MCR 2.116(G)(2); the non-moving party must respond with admissible evidence showing a dispute.
3. Under MCR 2.116(G)(1):
a. The motion and supporting brief must be filed at least 21 days before the noticed hearing.
b. Any written response is due at least 7 days before the hearing.
c. A reply brief addressing new matters in the response is due at least 4 days before the hearing.

IV. ARGUMENT

A. Failure to State a Claim – MCR 2.116(C)(8)
[Develop legal argument; cite statutory or contractual provisions, key omissions in the complaint, and why no set of facts could entitle Plaintiff to relief.]

B. No Genuine Issue of Material Fact – MCR 2.116(C)(10)
[Identify undisputed facts, cite supporting exhibits, and explain why those facts compel judgment for Defendant.]

C. [Additional Ground, e.g., Statute of Limitations – MCR 2.116(C)(7)]
[Articulate basis and provide supporting law or undeniable dates.]

V. REQUEST FOR ORAL ARGUMENT
Pursuant to MCR 2.119(E)(3), Defendant requests oral argument. Oral presentation will assist the Court in addressing the factual and procedural complexities of this case.

VI. AFFIRMATION OF CONCURRENCE EFFORT
In compliance with MCR 2.119(A)(2)(c), counsel for Defendant certifies that on [DATE], he/she sought concurrence in the relief requested from opposing counsel via [phone/email]. Concurrence was denied, or counsel was unable to obtain concurrence after reasonable efforts.

VII. CONCLUSION & RELIEF
For the foregoing reasons, Defendant respectfully requests that this Court:
1. Grant this Motion;
2. Dismiss Plaintiff’s Complaint with prejudice; and
3. Award Defendant any further relief the Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME] (P[Bar No.])
[Law Firm]
[Address]
[Phone] | [Email]
Attorney for Defendant
Dated: [DATE]

VIII. NOTICE OF HEARING
PLEASE TAKE NOTICE that the foregoing Motion will be heard on [DAY], [DATE], at [TIME] [a.m./p.m.], or as soon thereafter as counsel may be heard, before the Honorable [Judge] at the [Court address], pursuant to MCR 2.119.

IX. PROOF OF SERVICE
I certify that on [DATE] I served the foregoing Motion, Brief, Notice of Hearing, and Proposed Order on all counsel of record via [e-service system / first-class mail / personal delivery] in accordance with MCR 2.107.

[Name]

X. PROPOSED ORDER (Exhibit 1)
STATE OF MICHIGAN
IN THE [◻ CIRCUIT / ◻ DISTRICT] COURT FOR THE COUNTY OF [COUNTY]

[PLAINTIFF], Case No. [YY-####-XX]
Plaintiff, Hon. [Judge]
v.
[DEFENDANT],
Defendant.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

At a session of said Court held in the [County] Courthouse,
[City], Michigan, on the __ day of ____ 20__.

PRESENT: Honorable [Judge], [◻ Circuit / ◻ District] Court Judge

The Court, having reviewed Defendant’s Motion to Dismiss, the briefs and supporting documents of the parties, and having heard oral argument (if any), and being otherwise fully advised in the premises,

IT IS HEREBY ORDERED that Defendant’s Motion is GRANTED. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that [costs/fees, if any] are awarded to Defendant in the amount of $____ pursuant to MCR 2.625.

This is a final order that disposes of the last pending claim and closes the case.

IT IS SO ORDERED.

Hon. [Judge]
[◻ Circuit / ◻ District] Court Judge

Prepared by:
[Attorney Name] (P[Bar No.])
Attorney for Defendant
[Address | Phone | Email]

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PRACTICAL GUIDANCE
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[// GUIDANCE: Customize subdivisions of MCR 2.116(C). Cite only statutes, court rules, or contractual text you are 100 % sure of. Attach evidentiary exhibits (affidavits, contracts, discovery responses) for (C)(10) motions.
// GUIDANCE: Check local court rules. Many Michigan circuit courts require e-filing, specific hearing days, or a praecipe.
// GUIDANCE: Where e-Filing (MiFILE) is mandatory, comply with e-Service requirements, electronic signatures, and PDF text-searchability.
// GUIDANCE: Re-calculate briefing deadlines when the court issues a scheduling order or shortens time under MCR 2.119(C).
// GUIDANCE: If removing fewer than all counts, revise relief section to specify partial dismissal.
// GUIDANCE: Where dismissal may be granted without prejudice, ask explicitly if you intend to re-plead.
// GUIDANCE: Maintain civility and avoid personal attacks; Michigan courts may sanction under MCR 1.109(E)(6) for frivolous motions.]