What are the court procedures for filing a motion?
In Michigan, there are certain steps to take when filing a motion in civil procedure. The first step is to file a written motion with the court. The motion should state the relief requested and provide a legal basis for the relief. The motion must be accompanied by a memorandum of points and authorities, which outlines the reasons why the party should get the relief they are asking for. After the motion is filed, the court will issue an order setting forth the date and time of the hearing on the motion. The next step is to serve a copy of the motion on all parties to the action. This can be done by mail, email, or in person. In some cases, it may be necessary to ask the court for permission to serve the motion by other means. The last step before the hearing is to file an affidavit of service. This document must be filed with the court and must show proof that the motion was served on all the parties. Once the affidavit has been filed, the motion is ready to be heard by the court. At the hearing, each side will have the opportunity to present their arguments and evidence to the court. After all evidence has been heard, the court will make a decision on the motion. Depending on the nature of the motion, the decision may be made immediately or may be reserved for a later date. The order resulting from the hearing will state what action must be taken by the parties.
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