What are the court rules for a summary judgment hearing?

In Michigan, summary judgment hearings are governed by MCR 2.116. A summary judgment hearing is a hearing that takes place in court for the determination of a case without a jury trial. At this hearing, the judge must decide whether or not the facts presented are sufficient to render a judgment in favor of either the plaintiff or defendant. The first step in the hearing process is for the party moving for summary judgment to serve a motion and notice of hearing. The motion must include the basis for seeking summary judgment and must be supported by affidavits, depositions, admissions, or other appropriate documentary evidence. The defendant then has 14 days to respond to the motion. The next step is for the court to hold a hearing on the motion. At the hearing, the court may hear testimony from witnesses, review evidence, or request legal arguments from both parties. The court will then make a decision on the motion and issue an order. In the case that a motion is granted, the court will enter a judgment based on the evidence presented and the law applicable to the case. If the motion is denied, the case will proceed to a full trial. Either party may appeal the court’s decision. In summary, Michigan trial courts hold summary judgment hearings for cases in which the facts are insufficient to render a final judgment. For a summary judgment hearing to take place, the party filing the motion must first serve a motion and notice, and then the court will hold a hearing at which it will hear testimony and review evidence. Finally, the court will render a decision and enter a judgment.

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What are the court rules for a summary judgment hearing?

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