Michigan Objection and Brief in Opposition to Motion for Extension of Time

OBJECTION AND BRIEF IN OPPOSITION TO MOTION FOR EXTENSION OF TIME

(Michigan Circuit / District Court — MCR 2.108(E); MCR 2.119)

TABLE OF CONTENTS

1. Caption
2. Objection and Statement of Position
3. Brief in Opposition (MCR 2.119(A))
4. Michigan Legal Standard (MCR 2.108(E); MCR 2.603(D))
5. Affidavit in Opposition (MCR 2.119(B))
6. [Proposed] Order Denying Motion for Extension of Time
7. Proof of Service
8. Key Michigan Requirements
9. Sources and References

1. CAPTION

STATE OF MICHIGAN
IN THE ☐ DISTRICT COURT ☐ CIRCUIT COURT FOR THE COUNTY OF [________________________________]
[____] JUDICIAL ☐ DISTRICT ☐ CIRCUIT

Submitted by:
[________________________________] (P[________])
[Firm Name]
[Address]
Telephone: [________________________________] | E-Mail: [________________________________]
Attorney for [Plaintiff / Defendant]

[PLAINTIFF'S / DEFENDANT'S] OBJECTION AND BRIEF IN OPPOSITION TO [OPPOSING PARTY]'S MOTION FOR EXTENSION OF TIME TO [________________________________]

2. OBJECTION AND STATEMENT OF POSITION

[________________________________] (the "Non-Movant"), by counsel, objects to and opposes the Motion for Extension of Time filed by [________________________________] ("Movant"), which seeks to extend the deadline to [________________________________] from [__/__/____] to [__/__/____], and states:

1. The deadline Movant seeks to extend arises under [☐ MCR 2.108(A)(1) (21-day answer period) / ☐ MCR 2.108(A)(2) (28-day answer period) / ☐ the Court's Scheduling Order dated [__/__/____] / ☐ Order dated [__/__/____] / ☐ other: ________________________________] and was set for [__/__/____].

2. Movant filed the Motion [☐ before the deadline expired, with notice to the parties who have appeared / ☐ after the deadline expired on [__/__/____], a delay of [____] days], so the applicable standard is [☐ the court's pre-expiration discretion under MCR 2.108(E), first sentence / ☐ excusable neglect (MCR 2.108(E), second sentence)].

3. Movant has not satisfied that standard because [________________________________].

4. Granting the extension would prejudice the Non-Movant by [________________________________].

5. ☐ This is Movant's [____] request to extend this deadline; the Court has already granted [____] prior extension(s) totaling [____] days.

6. ☐ Default posture (if applicable). A default ☐ has / ☐ has not been entered against Movant under MCR 2.603(A). If a default has been entered, MCR 2.108(E) directs that MCR 2.603(D) governs, and Movant must show both good cause and a meritorious defense by verified statement of facts; Movant has not done so.

WHEREFORE, the Non-Movant respectfully requests that the Court DENY the Motion for Extension of Time and grant such further relief as is just.

DATED: [__/__/____]

______________________________
[Attorney Name] (P[________])
Attorney for [Plaintiff / Defendant]

3. BRIEF IN OPPOSITION (MCR 2.119(A))

A. Introduction

Movant asks the Court to extend the deadline to [________________________________] by [____] days. Under MCR 2.108(E), an extension is discretionary. A pre-expiration request requires notice to the parties who have appeared; after expiration, relief is available only where the failure to act resulted from excusable neglect. The request should be denied because [________________________________].

B. Statement of Facts

1. This action was commenced on [__/__/____]. [Describe the claim(s) briefly.]

2. Movant was [☐ served with the summons and complaint on [__/__/____] / ☐ subject to the deadline established by the Court's [Scheduling Order / Order] dated [__/__/____]].

3. The deadline to [________________________________] was [__/__/____]. [If the deadline is the answer deadline: Movant's time to answer or take other action under MCR 2.108(A) expired on [__/__/____].]

4. [Set out the procedural history relevant to prejudice — prior extensions, the trial or case-evaluation date, the age of the case, and any accruing harm to the Non-Movant.]

5. On [__/__/____], counsel [conferred with / attempted to confer with] Movant's counsel regarding the relief sought; the Non-Movant advised that it opposes the request.

C. Argument

1. Movant Cannot Satisfy MCR 2.108(E)

[☐ Pre-expiration request — discretionary relief should be denied. Movant filed before the deadline but has not justified the requested relief. The deadline was known since [__/__/____], yet Movant [________________________________]. Granting the request would [________________________________].]

[☐ Post-expiration request — no excusable neglect. Because the deadline expired on [__/__/____], Movant may obtain relief only "on motion" and only if "the failure to act was the result of excusable neglect." MCR 2.108(E). Movant's stated reason — [________________________________] — was within Movant's reasonable control and does not constitute excusable neglect. Mere inadvertence, oversight, or failure to calendar the deadline is not excusable neglect.]

2. The Non-Movant Will Be Prejudiced

The requested extension would prejudice the Non-Movant because [________________________________]. [Identify concrete harm — delay of trial or case evaluation, continued accrual of interest or damages, loss or fading of evidence and witness recollection, the Non-Movant's own dependent deadlines, or the frustration of the Non-Movant's right to prompt adjudication.]

3. The History of Delay Counsels Denial

The Court has already accommodated Movant with [____] prior extension(s) totaling [____] days. Further delay would [________________________________] and is inconsistent with the just, speedy, and inexpensive determination of this action. See MCR 1.105.

4. [If a Default Has Been Entered] MCR 2.603(D) Governs and Is Not Satisfied

Because a default was entered on [__/__/____], MCR 2.108(E) directs that MCR 2.603(D) applies. A default may be set aside "only if good cause is shown and a statement of facts showing a meritorious defense" is filed and verified. Alken-Ziegler, Inc. v. Waterbury Headers Corp., 461 Mich. 219, 233; 600 N.W.2d 638 (1999). "Good cause" requires either a procedural irregularity or defect, or a reasonable excuse for the failure to comply with the requirement that created the default. Id. Michigan policy is "generally against setting aside defaults and default judgments that have been properly entered." Id. at 229. Movant has filed no verified statement of a meritorious defense and has shown no good cause; the extension (and any implicit request to undo the default) must be denied.

5. In the Alternative, Any Extension Should Be Brief and Final

If the Court grants any relief, the Non-Movant requests that the extension be limited to [____] days, be designated the final extension, and be conditioned on [________________________________ (e.g., preservation of the trial/case-evaluation date; no effect on other MCR 2.401 deadlines)].

D. Conclusion

For these reasons, the Non-Movant respectfully requests that the Court DENY the Motion for Extension of Time.

DATED: [__/__/____]

______________________________
[Attorney Name] (P[________])
Attorney for [Plaintiff / Defendant]

4. MICHIGAN LEGAL STANDARD (MCR 2.108(E); MCR 2.603(D))

A. Extension of Time — MCR 2.108(E)

MCR 2.108(E) provides, in full:

"A court may, with notice to the other parties who have appeared, extend the time for serving and filing a pleading or motion or the doing of another act, if the request is made before the expiration of the period originally prescribed. After the expiration of the original period, the court may, on motion, permit a party to act if the failure to act was the result of excusable neglect. However, if a rule governing a particular act limits the authority to extend the time, those limitations must be observed. MCR 2.603(D) applies if a default has been entered."

Two standards follow:

• Before expiration: The court may extend "if the request is made before the expiration of the period," with notice to appeared parties. The movant must show cause; the opponent attacks diligence and prejudice.
• After expiration: The court may grant relief "on motion" only where "the failure to act was the result of excusable neglect." The opponent shows the reason was within the movant's control and is not excusable.

B. Time to Respond to a Complaint — MCR 2.108(A)

• MCR 2.108(A)(1): A defendant must serve and file an answer or take other permitted action within 21 days after being served with the summons and complaint in Michigan.
• MCR 2.108(A)(2): 28 days if served outside Michigan or by registered mail.
• MCR 2.108(A)(3): For service by publication or posting under MCR 2.106, the court allows a reasonable time, not less than 28 days after publication/posting is completed.
• MCR 2.108(B): A motion raising a defense or objection to a pleading must be served and filed within the time for the responsive pleading.

C. Default Tie-In — MCR 2.603

If the Non-Movant's objective is to obtain or preserve a default, the default procedure is governed by MCR 2.603 (entry of default under (A); default judgment under (B); setting aside under (D)). See the companion template state_court_motion_for_default_judgment.md for the request for entry of default, the nonmilitary affidavit, the notice of request for default judgment, and the proposed judgment.

D. Computation of Time — MCR 1.108

The day of the triggering event is excluded and the last day included; if the last day is a Saturday, Sunday, legal holiday, or a day the court is closed by order, the period runs to the next business day. Current MCR 1.108 does not exclude intermediate weekends or holidays merely because a period is shorter than seven days. Service by mail is complete on mailing under MCR 2.107(C)(3); verify whether a rule governing the particular deadline provides any separate time addition.

5. AFFIDAVIT IN OPPOSITION (MCR 2.119(B))

STATE OF MICHIGAN
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, depose and state:

1. I am the [Plaintiff / Defendant / attorney for [____] / authorized representative] and have personal knowledge of the facts stated herein, and if sworn as a witness could testify competently to them.

2. [State the facts supporting the opposition — the date of service, the deadline, prior extensions, the dates of conferral with Movant's counsel, and the specific prejudice the extension would cause.]

3. True and correct copies of the documents supporting this opposition are attached:
   - Exhibit [____]: [________________________________]
   - Exhibit [____]: [________________________________]

______________________________
[Affiant Name]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

______________________________
Notary Public, State of Michigan, County of [________________________________]
My commission expires: [__/__/____]

6. [PROPOSED] ORDER DENYING MOTION FOR EXTENSION OF TIME

STATE OF MICHIGAN
☐ DISTRICT COURT ☐ CIRCUIT COURT FOR THE COUNTY OF [________________________________]

ORDER DENYING MOTION FOR EXTENSION OF TIME

At a session of said Court held in [________________________________], County of [________________________________], State of Michigan, on [__/__/____].

PRESENT: Hon. [________________________________]

This matter having come before the Court on Movant's Motion for Extension of Time to [________________________________], the Court having considered the Motion, the Objection and Brief in Opposition, the supporting affidavit, and the record, and being fully advised;

IT IS ORDERED that the Motion for Extension of Time is DENIED.

☐ The deadline for Movant to [________________________________] remains [__/__/____].

☐ In the alternative, the Motion is GRANTED IN PART: the deadline is extended to [__/__/____] only; this is the final extension; and all other deadlines, including any MCR 2.401 scheduling-order deadlines and the trial/case-evaluation date, remain in effect.

This order ☐ resolves the motion and ☐ does / ☐ does not resolve the last pending matter and close the case.

______________________________
☐ Judge ☐ Magistrate of the [District / Circuit] Court

7. PROOF OF SERVICE

I declare that on [__/__/____] I served a copy of the foregoing Objection and Brief in Opposition to Motion for Extension of Time, the affidavit, and the [Proposed] Order upon the parties of record by:

☐ MiFILE electronic service (MCR 1.109(G)) to all registered users
☐ ordinary first-class mail at the address(es) below
☐ personal delivery (MCR 2.107(C))
☐ e-mail as permitted by MCR 2.107(C)(4) / stipulation

[________________________________] (Name)
[________________________________] (Address)

I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

______________________________
[Name] (P[________] if attorney)

8. KEY MICHIGAN REQUIREMENTS

☐ Discretionary relief. Under MCR 2.108(E), the court "may" extend time; an extension is never automatic.

☐ Identify before vs. after. A request made before the deadline is discretionary and requires notice to parties who have appeared; a request made after expiration requires excusable neglect. Hold a late movant to the higher standard.

☐ Answer deadlines (MCR 2.108(A)). 21 days (personal service in Michigan); 28 days (outside Michigan or registered mail); not less than 28 days for publication/posting.

☐ Default cross-reference (MCR 2.108(E); MCR 2.603(D)). If a default has been entered, MCR 2.603(D) governs and the movant must show good cause and a verified meritorious defense (Alken-Ziegler).

☐ Response timing (MCR 2.119(C)). Serve the response at least 5 days before the hearing if by first-class mail, or 3 days before if by delivery or e-service; file at least 3 days before the hearing. The combined response-and-brief may not exceed 20 pages double spaced.

☐ No reply briefs except as permitted by the court or the rules (MCR 2.119(A)(2)(b)).

☐ MiFILE. Attorneys must e-file through MiFILE (MCR 1.109(G)); filing serves all registered users.

☐ Local rules. Some courts (e.g., Wayne 3rd Circuit, Oakland 6th Circuit) have local Rule 2.119 provisions, including requirements to seek concurrence before filing a motion; verify the local rules of the court where the case is pending.

35TH DISTRICT COURT — PRACTICE NOTES

• Court and reach. The 35th District Court sits in Plymouth, Michigan (660 Plymouth Rd., Plymouth, MI 48170) and serves Canton, Plymouth City, Plymouth Township, Northville City, and Northville Township. It is a court of limited jurisdiction in Wayne County; its civil division hears general civil cases up to $25,000.
• District court, not circuit court. The general civil rules of MCR Chapter 2 — including MCR 2.108 (time), MCR 2.119 (motion practice), and MCR 2.603 (default) — apply in district court. Use the District Court caption boxes above. (Cases over $25,000 belong in the Wayne County Circuit Court, the 3rd Judicial Circuit.)
• E-filing and hearings. The 35th District Court uses MiFILE for civil filings and offers in-person and Zoom hearings; a party may request a different hearing format by emailing the assigned judge's clerk in advance (the court's posted deadline is generally 14 days before the hearing). Confirm the judge's motion-call day and any check-in procedure.
• Small claims and summary proceedings differ. This template is for general civil cases. Small claims (no written answer; appearance at the hearing) and landlord-tenant summary proceedings under MCR 4.201 (answer by the date on the summons) follow different timing — do not use this template for those tracks.
• Default coordination. Because Movant has filed a motion for extension, Movant has likely "appeared," which entitles Movant to notice before any default judgment (MCR 2.603(B)(1)) and means the court will typically rule on the extension before entertaining a default. Calendar the opposition and any default request accordingly, and see the companion default-judgment template.

Sources and References

• MCR 2.108 (Time) — Michigan Court Rules, Chapter 2
• MCR 2.119 (Motion Practice) — Michigan Court Rules, Chapter 2
• MCR 2.603 (Default and Default Judgment) — Michigan Court Rules, Chapter 2
• MCR 1.108 (Computation of Time) — Michigan Courts
• Alken-Ziegler, Inc. v. Waterbury Headers Corp., 461 Mich. 219, 600 N.W.2d 638 (1999) — Justia
• Filing and Serving Responsive Pleadings (MJI Quick Reference) — Michigan Courts
• 35th District Court — Official Site
• Michigan Legal Help — Responding to a Lawsuit / Default — michiganlegalhelp.org
• SCAO-approved civil forms (Answer MC 03; Default MC 07) — Michigan Courts Forms