Dispositive Motions |
A dispositive motion is a motion (i.e., written request) asking the Tribunal to resolve an appeal through summary disposition. The grounds for summary disposition can be found at Rule 2.116 of the Michigan Court Rules and include, but are not limited to lack of jurisdiction; lack of standing; another action has been initiated between the same parties involving the same claim; the claim is barred because of prior judgment, statute of limitations, statute of frauds, or assignment or other disposition of the claim before commencement of the appeal; the opposing party has failed to state a claim on which relief can be granted; the opposing party has failed to state a valid defense to the claim asserted; and there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
The Summary of Prehearing Conference and Scheduling Order establishes the date for the filing and exchange of dispositive motions to be filed and exchanged after the conducting of the prehearing conference.
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