Stay of Enforcement Request - Michigan

STAY OF ENFORCEMENT REQUEST — MICHIGAN

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Formal Motion for Stay of Enforcement
3. Statement of Facts
4. Legal Standard for Stay
5. Grounds Analysis (Four-Factor Test)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Opposition Response Template
9. Proposed Order
10. Appeal of Stay Denial
11. Document Checklist
12. Practice Tips
13. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Request for Stay of Enforcement
Case/Docket No.: [________________________________]
In the Matter of: [________________________________]
Agency Order Dated: [__/__/____]

Dear [________________________________]:

Enclosed please find the Petitioner's Motion for Stay of Enforcement of the [________________________________] [Order/Decision/Final Action] dated [__/__/____] in the above-referenced matter, together with supporting memorandum, affidavit(s), and proposed order.

Petitioner [________________________________] respectfully requests that the [Agency Name] stay enforcement of the above-referenced [Order/Decision] pending [☐ judicial review in the Circuit Court / ☐ appeal to the Court of Appeals / ☐ reconsideration]. This request is made pursuant to the Michigan Administrative Procedures Act, MCL 24.301 et seq., and [________________________________] [applicable agency regulation].

Petitioner requests that this motion be considered [☐ on an expedited basis / ☐ on the regular motion calendar / ☐ on an emergency basis] due to [________________________________].

Respectfully submitted,

[________________________________]
Attorney for Petitioner
P No.: [________________________________]
[________________________________]
[Firm Name]
[________________________________]
[Address]
[________________________________]
[Phone / Email]

2. FORMAL MOTION FOR STAY OF ENFORCEMENT

STATE OF MICHIGAN

IN THE [CIRCUIT COURT FOR THE COUNTY OF [________________________________] / [AGENCY NAME]]

In the Matter of:

[________________________________]
Petitioner,

v.

[________________________________]
[Agency Name], Respondent.

Case No.: [________________________________]

PETITIONER'S MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

NOW COMES Petitioner [________________________________], by and through undersigned counsel, and respectfully moves this [Court/Agency] for an order staying enforcement of the [Order/Decision/Final Action] dated [__/__/____] pending [☐ reconsideration / ☐ judicial review pursuant to MCL 24.301 / ☐ appeal to the Court of Appeals]. In support of this Motion, Petitioner states as follows:

I. INTRODUCTION

1. On [__/__/____], the [Agency Name] issued a [Final Order/Decision/Enforcement Action] in the above-captioned matter ordering [________________________________].

2. Petitioner [☐ has filed / ☐ intends to file within the applicable period] a [☐ claim of appeal in the circuit court under MCR 7.119 and MCL 24.301 through 24.304 / ☐ claim of appeal to the Court of Appeals / ☐ application for leave to appeal] challenging the [Order/Decision] on [__/__/____].

3. Absent a stay, the [Order/Decision] will take effect on [__/__/____], causing immediate and irreparable harm to Petitioner as described herein.

4. This Motion is filed pursuant to:
   - ☐ MCL 24.304(1) (agency or circuit-court stay pending judicial review)
   - ☐ MCR 7.119(E) (stay in an APA appeal pending in circuit court)
   - ☐ MCR 7.209 (stay pending a later appeal in the Court of Appeals)
   - ☐ [________________________________] [Agency-specific rule authorizing stay]

3. STATEMENT OF FACTS

A. Background of the Proceeding

5. Petitioner is a [________________________________] [individual/entity] located at [________________________________], engaged in [________________________________].

6. On or about [__/__/____], the [Agency Name] initiated [________________________________] [enforcement action/investigation/proceedings] against Petitioner concerning [________________________________].

7. The following proceedings occurred:

B. The Agency Order

8. The [Order/Decision] requires Petitioner to:
   - ☐ [________________________________]
   - ☐ [________________________________]
   - ☐ [________________________________]
   - ☐ Pay a fine/penalty of $[________________________________]

9. The enforcement date is [__/__/____], which is [____] days from the date of this Motion.

C. Compliance Efforts and Current Status

10. Since the issuance of the [Order/Decision], Petitioner has:
    - ☐ [________________________________]
    - ☐ [________________________________]
    - ☐ [________________________________]

4. LEGAL STANDARD FOR STAY

A. Statutory Authority — Michigan Administrative Procedures Act

11. Under the Michigan Administrative Procedures Act (APA), MCL 24.301-.306, an aggrieved person ordinarily must exhaust available administrative remedies before obtaining judicial review of a final decision or order in a contested case. A special statutory review route controls when applicable; otherwise review proceeds in the circuit court under the APA and MCR 7.119.

12. Filing for judicial review does not automatically stay enforcement of the agency order. The petitioner must affirmatively request a stay from the agency or the reviewing court.

13. Under the Michigan APA:

(a) Agency Stay: The agency may stay enforcement of its own order pending judicial review.

(b) Court Stay: The reviewing court may order a stay of enforcement upon appropriate terms and conditions.

B. Circuit Court APA Appeal — MCR 7.119(E)

14. In an APA appeal pending in the circuit court, MCR 7.119(E) permits a party to move for a stay. The agency is entitled to notice even if it has not appeared. The rule does not make a prior agency stay request a prerequisite to a circuit-court motion, although an agency-specific statute or rule may impose an additional exhaustion requirement.

C. Four-Factor Test for Stay

15. MCR 7.119(E)(3) permits a stay on appropriate terms and conditions if the circuit court finds:

• (1) The moving party will suffer irreparable injury without a stay;
• (2) The moving party made a strong showing that it is likely to prevail on the merits;
• (3) The public interest will not be harmed by a stay; and
• (4) The harm to the moving party without a stay outweighs the harm to the other parties if a stay is granted.

D. Venue for Judicial Review

16. Under MCL 24.303(1), absent a controlling special review statute, the petition for review is filed in the circuit court for the county where the petitioner resides or has a principal place of business in Michigan, or in the circuit court for Ingham County. MCR 7.119 requires the circuit-court claim of appeal to state the facts supporting venue under MCL 24.303(1).

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

Factor 1: Likelihood of Success on the Merits

17. Petitioner has a strong likelihood of success on the merits because:

Legal Errors in the Agency Decision:

• ☐ The decision violates constitutional provisions because [________________________________]
• ☐ The agency exceeded its statutory authority under [________________________________]
• ☐ The decision was made upon unlawful procedure, specifically [________________________________]
• ☐ The decision is not supported by competent, material, and substantial evidence on the whole record because [________________________________]
• ☐ The decision is arbitrary, capricious, or clearly an abuse of discretion because [________________________________]
• ☐ The decision is affected by other substantial and material error of law because [________________________________]

Specific Grounds:

(a) [________________________________]
[Detailed argument on first ground for relief]

(b) [________________________________]
[Detailed argument on second ground for relief]

(c) [________________________________]
[Detailed argument on third ground for relief]

18. Under MCL 24.306, the court shall hold unlawful and set aside a decision or order of an agency if substantial rights of the petitioner have been prejudiced because the decision or order is:
    - ☐ In violation of the constitution or a statute
    - ☐ In excess of the statutory authority or jurisdiction of the agency
    - ☐ Made upon unlawful procedure resulting in material prejudice
    - ☐ Not supported by competent, material and substantial evidence on the whole record
    - ☐ Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion
    - ☐ Affected by other substantial and material error of law

Factor 2: Irreparable Harm

19. Absent a stay, Petitioner will suffer irreparable harm that cannot be remedied through monetary damages or other adequate legal remedy:

• ☐ License Revocation/Suspension: Loss of [________________________________] license effective [__/__/____], preventing Petitioner from [________________________________]
• ☐ Business Closure: Forced cessation of operations at [________________________________], resulting in [________________________________]
• ☐ Financial Devastation: Immediate obligation to pay $[________________________________], which will [________________________________]
• ☐ Reputational Harm: Public disclosure of enforcement action causing irreversible damage to [________________________________]
• ☐ Loss of Employment: Inability to continue employment as [________________________________]
• ☐ Loss of Unique Property/Rights: [________________________________]
• ☐ Other: [________________________________]

20. These harms are irreparable because: [________________________________]

21. The imminence of the harm is demonstrated by: [________________________________]

Factor 3: Balance of Hardships

22. The balance of hardships tips decidedly in Petitioner's favor:

Harm to Petitioner Without Stay:

• ☐ [________________________________]
• ☐ [________________________________]
• ☐ [________________________________]

Harm to Agency/Respondent/Public With Stay:

• ☐ [________________________________]
• ☐ [________________________________]

23. The harm to Petitioner far outweighs any potential harm to the Agency or other parties because: [________________________________]

24. Conditions that would mitigate potential harm during the stay include:
    - ☐ [________________________________]
    - ☐ [________________________________]

Factor 4: Public Interest

25. A stay of enforcement serves the public interest because:

• ☐ The public is served by maintaining the status quo pending full judicial review
• ☐ Allowing premature enforcement would undermine confidence in the administrative process
• ☐ The Petitioner provides services to the public, including [________________________________]
• ☐ Enforcement would result in harm to third parties, including [________________________________]
• ☐ Public interest favors careful adjudication on the merits before enforcement of penalties
• ☐ [________________________________]

26. The public interest is not harmed by a stay because: [________________________________]

6. BOND/SECURITY PROVISIONS

A. APA Stay in Circuit Court

27. MCL 24.304(1) authorizes an agency or reviewing court to grant a stay on appropriate terms. For an APA appeal in circuit court, MCR 7.119(E)(4) permits—but does not automatically require—the court to set bond terms in the amount required by an applicable appeal statute or, if no statute supplies an amount, in an amount and with sureties adequate to protect the public and the parties.

B. Bond Offer

28. Petitioner [☐ is prepared to / ☐ requests waiver of requirement to] post a bond or security.

Proposed Bond/Security:

• ☐ Supersedeas bond in the amount of $[________________________________]
• ☐ Cash bond in the amount of $[________________________________]
• ☐ Surety bond in the amount of $[________________________________]
• ☐ Irrevocable letter of credit in the amount of $[________________________________]
• ☐ Other security: [________________________________]

C. Court of Appeals Stage — MCR 7.209

29. If a later appeal is pending in the Court of Appeals, MCR 7.209 governs the stay of a circuit-court judgment or order. A motion must first be decided by the circuit court before it is filed in the Court of Appeals. For a civil money judgment, MCR 7.209(E)(2)(a) states a 110% bond amount; the circuit court may instead grant a stay with or without bond, or with a reduced bond, as justice requires, and may order other security such as an irrevocable letter of credit. Counsel must determine whether the circuit-court disposition is a money judgment and whether a special statute supplies different terms.

D. Request for Waiver or Reduction

30. ☐ Petitioner requests that the bond be waived or reduced because:
    - ☐ The agency action does not involve a money judgment
    - ☐ A bond calculated for a money judgment does not fit the nonmonetary agency relief at issue
    - ☐ Petitioner is indigent and bond would effectively deny the right to judicial review
    - ☐ Petitioner is a governmental entity
    - ☐ The risk of harm to the opposing party during the stay is minimal
    - ☐ Justice requires a reduced bond because: [________________________________]

E. Bond for Non-Monetary Orders

31. Where the agency order does not involve a money judgment (e.g., license revocation, cease-and-desist order), Petitioner requests a stay:
    - ☐ Without bond
    - ☐ With a nominal bond of $[________________________________]
    - ☐ Subject to compliance conditions in lieu of bond: [________________________________]

F. Proposed Conditions

32. Petitioner proposes the following conditions during the stay period:
    - ☐ [________________________________]
    - ☐ [________________________________]
    - ☐ Petitioner will comply with all other agency requirements not subject to this stay
    - ☐ Petitioner will provide periodic status reports to the [Agency/Court]

7. EMERGENCY STAY PROCEDURES

A. Emergency Motion for Temporary Stay

When Standard Timelines Are Insufficient:

33. If enforcement is imminent and the regular motion schedule does not permit adequate review, Petitioner may seek the temporary stay provided by MCR 7.119(E)(5).

Requirements for Emergency Stay Under Michigan Practice:

• ☐ Allege facts clearly showing immediate and irreparable injury before a hearing can occur
• ☐ Certify in writing that reasonable efforts to contact the other parties and agency were unsuccessful
• ☐ Request relief only until a hearing can be held
• ☐ Present admissible factual support and comply with MCR 2.119 and applicable local procedures

B. Procedure for Emergency Stay

34. Optional Agency Request: Consider requesting a stay from the agency under MCL 24.304(1), while checking any agency-specific procedure:
    - Contact: [________________________________]
    - Method: [☐ Written motion / ☐ Telephone followed by written confirmation]
    - Date of request: [__/__/____]
    - Agency response: [☐ Granted / ☐ Denied / ☐ No response within [____] hours]

35. Circuit Court Temporary-Stay Motion: Once the APA appeal is pending:
    - File the motion in the circuit court where the appeal is pending
    - Give the agency the notice required by MCR 7.119(E)(2)
    - If requesting relief without written notice, include the certification required by MCR 7.119(E)(5)(a)(ii)
    - Request a hearing on the motion as soon as practicable

36. Temporary Stay Without Written Notice: MCR 7.119(E)(5), rather than the general injunction rule, supplies the tailored procedure. A temporary stay lasts only until a hearing can be held. A motion to dissolve it is heard on 24 hours' notice, or less for good cause, and takes precedence over all matters except earlier matters of the same character.

C. Emergency Affidavit

37. Petitioner's emergency affidavit must include:
    - ☐ Facts establishing the nature and imminence of irreparable harm
    - ☐ Any efforts made to obtain relief from the agency, if an agency request was made or required
    - ☐ Reasons why regular motion procedures are insufficient
    - ☐ The written contact-efforts certification required for a request without written notice
    - ☐ Specific factual basis, supported by exhibits

8. OPPOSITION RESPONSE TEMPLATE

AGENCY'S/RESPONDENT'S OPPOSITION TO MOTION FOR STAY

NOW COMES the [Agency Name/Respondent], and opposes Petitioner's Motion for Stay of Enforcement as follows:

I. STATEMENT OF THE CASE

38. [________________________________]

II. ARGUMENT

A. Petitioner Has Not Demonstrated a Likelihood of Success on the Merits

39. [________________________________]

B. Petitioner Will Not Suffer Irreparable Harm

40. [________________________________]

C. The Balance of Hardships Favors the Agency

41. [________________________________]

D. The Public Interest Requires Enforcement

42. [________________________________]

III. BOND REQUIREMENTS

43. If the Court is inclined to grant a stay, the Agency requests:
    - ☐ Bond or other security in the amount of $[________________________________], supported by [applicable statute / MCR 7.119(E)(4)]
    - ☐ Additional security to protect the public interest
    - ☐ [________________________________]

IV. ALTERNATIVE CONDITIONS

44. In the event the Court grants a stay, the Agency requests the following conditions:
    - ☐ [________________________________]
    - ☐ Time limitation of [________________________________]
    - ☐ [________________________________]

V. CONCLUSION

45. For the foregoing reasons, Petitioner's Motion for Stay should be denied.

Respectfully submitted,

[________________________________]
Counsel for [Agency/Respondent]
P No.: [________________________________]
Date: [__/__/____]

9. PROPOSED ORDER

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

In the Matter of:

[________________________________], Petitioner

v.

[________________________________], Respondent

Case No.: [________________________________]

ORDER ON PETITIONER'S MOTION FOR STAY OF ENFORCEMENT

Upon consideration of Petitioner's Motion for Stay of Enforcement, the supporting memorandum, affidavit(s), and [☐ the Agency's opposition / ☐ without opposition], this Court finds:

☐ Petitioner has demonstrated a likelihood of success on the merits.
☐ Petitioner will suffer irreparable harm absent a stay.
☐ The balance of hardships favors Petitioner.
☐ A stay serves the public interest.

IT IS HEREBY ORDERED that:

☐ STAY GRANTED. Enforcement of the [Order/Decision] dated [__/__/____] is stayed pending [☐ the conclusion of judicial review proceedings / ☐ appeal / ☐ further order of this Court], subject to the following conditions:

(a) [________________________________]
(b) [________________________________]
(c) Petitioner shall post [☐ no bond / ☐ a bond in the amount of $[________________________________] / ☐ other security: [________________________________]] within [____] days of this Order.
(d) The stay becomes effective [☐ upon entry of this Order / ☐ upon filing approved bond or security / ☐ as follows: [________________________________]].
(e) This stay shall remain in effect until [__/__/____] or until further order of this Court, whichever occurs first.
(f) [________________________________]

☐ STAY DENIED. Petitioner's Motion for Stay is denied for the following reason(s):
[________________________________]

☐ STAY GRANTED IN PART. [________________________________]

☐ STAY GRANTED WITHOUT BOND because the agency order does not involve a money judgment and the interests of justice so require.

Date: [__/__/____]

___________________________________
Judge, Circuit Court for [________________________________] County

10. APPEAL OF STAY DENIAL

A. Agency Denial — Seeking Court Relief

46. If the agency denies the stay request, Petitioner may seek a stay from the circuit court. The filing package should include:

• ☐ Copy of the circuit-court claim of appeal and required attachments filed under MCR 7.119
• ☐ Copy of the stay request submitted to the agency
• ☐ Copy of the agency's denial (or evidence of failure to act)
• ☐ Renewed argument on the four-factor test
• ☐ Supporting affidavits
• ☐ Proposed bond or security (if applicable)

B. Circuit Court Denial — Court of Appeals Relief

47. If the circuit court denies the stay, Petitioner may seek relief by:

• ☐ Filing a motion for reconsideration with the circuit court within 21 days (MCR 2.119(F))
• ☐ Filing an application for leave to appeal to the Court of Appeals under MCR 7.205, if an appeal by leave is required
• ☐ Filing a motion for stay in the Court of Appeals under MCR 7.209 after the circuit court has decided the stay motion

C. Court of Appeals — MCR 7.209

48. Under MCR 7.209, a party may move in the Court of Appeals to stay proceedings in the circuit court or the effect or enforcement of a circuit-court judgment or order:
    - The stay or bond motion must first have been decided by the circuit court
    - The Court of Appeals motion must include the circuit court's opinion and order and the hearing transcript
    - The Court of Appeals may grant a stay on terms it deems just
    - A party needing a decision before the ordinary answer date may file a motion for immediate consideration under MCR 7.211(C)(6)

D. Timing Considerations

49. Key deadlines for Michigan administrative appeals:

11. DOCUMENT CHECKLIST

Required Documents for Stay Request

For Agency-Level Stay:

• ☐ Motion for Stay of Enforcement
• ☐ Memorandum in support of stay
• ☐ Affidavit(s) in support
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order
• ☐ Certificate/proof of service on all parties

For Court-Level Stay (Circuit Court):

• ☐ Motion for Stay of Enforcement
• ☐ Memorandum of law in support
• ☐ Affidavit(s) in support (MCR 2.119(B))
• ☐ Copy of the circuit-court claim of appeal and required attachments (MCR 7.119)
• ☐ Copy of agency stay request and denial (if applicable)
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order granting stay
• ☐ Proposed bond/security terms, if requested by statute, rule, or the court
• ☐ Proof of service on all parties and the Attorney General
• ☐ Filing fee

For Emergency Stay:

• ☐ All documents listed above, plus:
• ☐ Emergency affidavit establishing imminence of harm
• ☐ Certification of efforts to provide notice to opposing parties
• ☐ Certification of efforts to obtain relief from the agency
• ☐ Request for expedited hearing
• ☐ Compliance with local administrative orders on emergency motions

12. PRACTICE TIPS

Michigan-Specific Considerations

Venue Selection:

• Under MCL 24.303(1), absent a controlling special review statute, venue lies in the circuit court for the county where the petitioner resides or has a principal place of business in Michigan, or in Ingham County
• State the facts supporting venue in the claim of appeal as MCR 7.119(B)(2)(b)(ii)(C) requires

Filing Deadline:

• The APA deadline runs from mailing notice of the final decision or order, or from delivery or mailing of the rehearing decision when rehearing was timely requested
• Check first for a special statutory review proceeding, because MCL 24.302 gives that procedure priority

Bond Provisions:

• MCR 7.119(E)(4) controls bond terms for the APA stay in circuit court and does not prescribe a universal percentage
• At the later Court of Appeals stage, MCR 7.209(E) uses 110% for a civil money judgment but allows a stay with no bond, reduced bond, or alternative security as justice requires
• Do not assume an administrative penalty or nonmonetary licensing order is a civil money judgment for MCR 7.209(E); analyze the circuit-court order and any special statute

Agency-Specific Review:

• Identify the enabling statute, agency rule, and final decision maker before using the APA route
• Check whether a special statute changes venue, deadline, exhaustion, bond, or stay requirements
• Consider whether tailored interim restrictions could protect the public while review is pending

"Substantial Evidence" Standard:

• Michigan uses the "competent, material and substantial evidence on the whole record" standard (MCL 24.306(1)(d))
• When arguing likelihood of success on the merits, identify specific record evidence that contradicts the agency's findings

Common Pitfalls:

• Treating an agency-first stay request as a universal prerequisite when MCR 7.119(E) does not impose one
• Measuring the 60-day deadline from the wrong event
• Filing in the wrong county
• Inadequate affidavit support for irreparable harm
• Failing to serve the Attorney General in appeals of state agency decisions
• Importing MCR 7.108's 125% circuit-appeal bond into an APA appeal governed by MCR 7.119(E)
• Using MCR 7.209 at the initial agency-to-circuit-court stage instead of at the later Court of Appeals stage
• Using the APA contested-case route without confirming that the challenged matter is a final decision or order in a contested case and that administrative remedies are exhausted

13. SOURCES AND REFERENCES

Statutes

• MCL 24.301 — Judicial review as of right or by leave
• MCL 24.302 — Judicial review; method
• MCL 24.303 — Petition for review; venue and contents
• MCL 24.304 — Filing time, stay, record, and scope
• MCL 24.306 — Grounds for reversal

Court Rules

• Michigan Court Rules (official current PDF) — MCR 2.119, 7.119, 7.205, 7.209, and 7.211

This template is for informational purposes only and does not constitute legal advice. Michigan administrative law procedures vary by agency and subject matter. Consult a qualified Michigan attorney before filing any stay request. Last updated: 2026-08-03.