How to Write a Motion to Dismiss in Michigan

If you feel a case should be dismissed, write a motion asking the judge to throw out the case.

In Michigan, a motion to dismiss is a letter written to a judge hearing a case asking for the case to be thrown out. The motion outlines a specific reason or reasons the case should be dismissed. The state of Michigan outlines these reasons in the state statute. The motion should specify a law, ruling or civil right as a basis for throwing out the case. If you don't have an attorney, you can write your own motion to dismiss, but usually an attorney writes the document.

Instructions

1. Determine the reason you'd like to file the motion to dismiss. In Michigan, you can file such a motion under only some circumstances including: if you feel the court doesn't have jurisdiction over the matter, the person suing has no legal grounds or there's another pending suit over the same matter between the parties. Find out when you must file the motion. In some circumstances, you must file the motion before any other motions, while other types of motions to dismiss allow you to file anytime.

2. Type the name of the Michigan court centered at the top of the document. Underneath the name, center the name of the judge. Right aligned, type the case number followed by the plaintiff and defendant's names, on separate lines.

3. Tab over to the center of the document and type "Motion to Dismiss" in the middle of the document. Press enter and then right align the document. Write the legal reason you're asking for the case to be thrown out, and cite the Michigan law or code that's applicable in the first sentence.

4. Write more information in the next section about why you feel the case should be thrown out. Use examples from other cases, specifically from other Michigan cases if possible. You can search case law at a law library. Write statements of fact, including the date of event in a section titled "Facts." For example, write the Michigan city that the events took place with a timeline of events. Create a section titled "Argument" where you go into specifics about the legal reasons for throwing out the case.

5. Write a conclusion stating briefly why the case should be thrown out. Sign and date the document. Give it to the court clerk in the Michigan county in which the original case is filed.

References

• U.S. Courts: Sample Motion to Dismiss
• Michigan Courts: Legal Procedure

Resources

• Northwest Registered Agent: Motion to Dismiss