All factual disputes for the purpose of deciding a motion challenging the court’s jurisdiction are resolved in favor of the nonmoving party (the plaintiff). MCR 2.116(G)(1)(a)(i).Ī motion may be brought under MCR 2.116(C)(1) to challenge the court’s personal (in personam) jurisdiction (that is, to question whether a nonresident defendant has sufficient “minimum contacts” with the state to enable the court to render a binding personal judgment against that party) or the court’s jurisdiction over the real or personal property (in rem jurisdiction). Note that such motions must be filed and served at least 21 days before the time set for the hearing. Even when the court rules do not require compliance with strict deadlines, an attorney must carefully consider the timing strategy of a motion for summary disposition and must allow time for compliance with special requirements for filing and service. Moreover, some grounds must be raised in the party’s first responsive pleading or first motion to avoid waiver: MCR 2.116(C)(1) (lack of jurisdiction over person or property), (2) (insufficient process), and (3) (insufficient service). This can even include motions under MCR 2.116(C)(8) (failure to state a claim), (9) (failure to state a defense), and (10) (no genuine issue of material fact), which are subject to the time periods contained in a duly entered scheduling order. The timing of the filing of a motion for summary disposition may be critical: except for motions asserting lack of subject-matter jurisdiction or governmental immunity, all grounds for summary disposition may be waived if they are not asserted in a timely fashion. §17.1 MCR 2.116 provides the means for a party to test, in whole or in part, any perceived deficiencies in substantive legal claims and defenses.
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