MCR 4.201(G)(1) specifically describes the defendant’s appearance and answer requirements. The defendant or his or her attorney “must appear and answer the complaint by the date on the summons.” MCR 4.201(G)(1). The defendant may file a written answer, a motion under MCR 2.115 (motion for a more definite statement or a motion to strike), or a motion under MCR 2.116 (motion for summary disposition) and serve it on the plaintiff before the hearing.1 MCR 4.201(G)(1)(a). If a defendant files a motion for summary disposition or for a more definite statement before filing an answer to the complaint, and the motion is denied, the defendant must afterward file an answer. MCR 2.108(C)(1). “If proof of the service is not filed before the hearing, the defendant or the defendant’s attorney may attest to service on the record.” Id.
All local court rules created pursuant to MCL 600.5735(4), that in their implementation require a written answer, are temporarily suspended until further order of the Michigan Supreme Court. Administrative Order No. 2020-17.2
A defendant may also satisfy the appearance and answer requirements by appearing at the hearing, or having an attorney appear on his or her behalf, and orally answering each allegation in the plaintiff’s complaint on the record. MCR 4.201(G)(1)(b). If a party appears without an attorney, the court must inform them of the right to retain an attorney and about legal aid assistance if it is available. MCR 4.201(G)(2).
“If the plaintiff has indicated on the summons that the premises or any part of the premises is situated in a different county or district, the court must inform the defendant . . . of the right to motion the court to transfer the case to the county or district where the premises or any part of the premises is situated and that such a motion will be granted.” MCR 4.201(G)(3). “The court may order change of venue on its own motion.” MCR 4.201(G)(3)(a). “A motion to change venue pursuant to [MCR 4.201(G)] and MCL 600.5706(4) may be made in writing before the date listed on the summons, pursuant to [MCR 4.201(C)(1)], or orally in response to the court’s advisement[.]” MCR 4.201(G)(3)(b). Transfer of the case is governed by MCR 2.223. MCR 4.201(G)(3)(c). See Section 4.3(D) for more information on change of venue.
A defendant who wants a jury trial must demand it orally at the first appearance or in writing in within five days of being advised of the rights and information listed in MCR 4.201(K)(2)(a).3 MCR 4.201(G)(4). The $50 jury trial fee must be paid when making the jury demand or within 5 days of being advised of the rights and information listed in MCR 4.201(K)(2)(a), unless payment of fees is waived under MCR 2.002. MCR 4.201(G)(4); MCL 600.8371(9). However, this right may be deemed waived (only on the issue of possession) if an escrow order is entered pursuant to MCR 4.201(I)(2), and the defendant fails to comply with the order.4 MCR 4.201(I)(2)(a)(iii).
See Section 4.10(B) for additional information on scheduling and pretrial motions following appearance and answer.
B.Advice of Rights and Information5
At the initial date and time set for trial noticed by the summons, the court must verbally inform the parties of the following rights and information unless otherwise provided in MCR 4.201(K)(2):
•The right to an attorney under MCR 4.201(G)(2). MCR 4.201(K)(2)(a)(i).
•The right to proper venue under MCR 4.201(G)(3). MCR 4.201(K)(2)(a)(ii).
•The right to demand a jury trial under MCR 4.201(G)(4). MCR 4.201(K)(2)(a)(iii).
•In cases filed pursuant to MCL 600.5714(1)(a) for nonpayment of rent due under a residential lease or agreement, the Michigan Department of Health and Human Services, local Coordinated Entry Agency, Housing Assessment and Resource Agency, or federal Help for Homeless Veterans program may be able to assist with payment of some or all of the rent due. Within five days of receiving the advice of rights and information under MCR 4.201(K)(2), the defendant must provide written proof to the court that an application for assistance has been submitted for processing under MCR 4.201(I)(3). MCR 4.201(K)(2)(a)(iv).
•In cases filed pursuant to MCL 600.5714(1)(a) for nonpayment of rent due under a residential lease or agreement, defendants do not need a judgment to receive assistance from the Michigan Department of Health and Human Services, local Coordinated Entry Agency, or Housing Assessment and Resource Agency. The summons and complaint from the court case are sufficient for help from the state. MCR 4.201(K)(2)(a)(v).
•The availability of the Michigan and local community dispute resolution program office as a possible source of case resolution. MCR 4.201(K)(2)(a)(vi).
•The possibility of a conditional dismissal pursuant to MCR 2.602 if approved by all parties. The parties must be provided with a form to effectuate such conditional dismissal or direct the parties to the location of the SCAO approved form online. MCR 4.201(K)(2)(a)(vii).
“The use of videoconferencing is presumed when providing the advice of rights and information required under [MCR 4.201(K)(2)(a)].” MCR 4.201(F).
A district court magistrate may advise the defendant of the rights and information in MCR 4.201(K)(2)(a) if authorized by statutory amendment. MCR 4.201(K)(2)(c).
“Courts may provide advice of rights consistent with SCAO guidance to an individual or group of defendants via video, computer presentation, or other technological means so long as the court ensures that each defendant is present for the entire presentation. If a defendant was previously provided advice of rights by the court, whether via a group presentation or individually, the court is not required to again provide a full advice of rights but must, on the record, ensure that the defendant received a full advice of rights, understood the advice of rights, and ask if defendant has any questions about the advice of rights.” MCR 4.201(K)(2)(b).
“If the defendant does not appear for trial on the date and time noticed by the summons and a default was not entered, the court must verbally inform the parties of the information in [MCR 4.201(K)(2)] at the defendant’s first appearance and allow the defendant time to make a jury demand under [MCR 4.201(G)(4)] and to retain an attorney under [MCR 4.201(G)(2)].” MCR 4.201(K)(2)(a).
Unless otherwise provided in MCR 4.201, the court must adjourn the trial as provided in MCR 4.201(K)(1) after verbally advising the parties of the rights and information at the date and time set for trial under MCR 4.201(K)(2)(a). MCR 4.201(K)(2)(d). “In cases filed pursuant to MCL 600.5714(1)(a), for nonpayment of rent due under a residential lease or agreement, the court must stay further proceedings after advising the defendant of the rights and information listed in [MCR 4.201(K)(2)(a)] and adjourning the trial under [MCR 4.201(K)].” MCR 4.201(I)(3)(a). See Section 4.9(C) for more information on this mandatory stay.
If the court adjourns the trial after advising the defendant of the rights and information set forth in MCR 4.201(K)(2)(a), “it must be scheduled at least 7 days but not more than 14 days after the initial date and time set for trial noticed by the summons, unless a jury demand is made under [MCR 4.201(G)(4)] or good cause is shown under [MCR 4.201(K)(1)(c)].” MCR 4.201(K)(1)(a). If good cause is shown, the court may adjourn the trial up to 56 days. MCR 4.201(K)(1)(c). “If the court adjourns trial for more than 14 days, an escrow order may be entered pursuant to [MCR 4.201(I)(2)].”6 MCR 4.201(K)(1)(c). Additionally, the “parties may adjourn trial by stipulation in writing or on the record, subject to the approval of the court.” Id.
D.Resolution of Case without Adjournment of Trial
After advising the defendant of the rights and information listed in MCR 4.201(K)(2)(a), “the court must decide remaining pretrial motions and determine if there is a triable issue. If there is no triable issue, the court must enter judgment.” MCR 4.201(K)(1)(b). The court may only resolve the case immediately following the advice of rights and information required by MCR 4.201(K)(2)(a) without adjourning the trial in limited circumstances. MCR 4.201(K)(2)(e).7
E.Failure to Appear: Default Entered
If the defendant fails to appear on the date and time noticed by the summons, the plaintiff may motion the court for entry of a default, and the court may hear the plaintiff’s proofs in support of judgment if:
•personal service of process was made on the residential defendant under MCR 2.105, or service of process was made on the residential defendant under MCR 4.201(D) and the court mailed a second copy of the initial summons and complaint in a court envelope and a record was kept pursuant to MCR 4.201(D), or service of process was made on the commercial defendant under MCR 4.201(D); or
•the plaintiff pleads and proves, with notice, a complaint under MCL 600.5714(1)(b), (d), (e), or (f) sufficient to meet statutory and court rule requirements; or
•the defendant also fails to appear on the date and time in which the trial was adjourned under MCR 4.201(K)(1); or
•the defendant appears on the date and time noticed by the summons but fails to appear on the date and time in which the trial was adjourned under MCR 4.201(K)(1).8 MCR 4.201(G)(5)(a).
If the court is satisfied that the complaint has met pleading and proof requirements and a default should be entered under MCR 4.201(G)(5)(a), it must enter a default judgment pursuant to MCL 600.5741 and MCR 4.201(L). MCR 4.201(G)(5)(b). “If the plaintiff fails to appear, a default judgment as to costs under MCL 600.5747 may be entered.” MCR 4.201(G)(5)(c). See Section 4.12 for additional information on entry of default.
F.Failure to Appear: Default Not Entered
“If a default is not entered and the case is not otherwise resolved, the court must adjourn the trial for at least 7 days but not more than 14 days, unless a jury demand is made under [MCR 4.201(G)(4)] or good cause is shown under [MCR 4.201(K)(1)(c)].” MCR 4.201(G)(5)(d). “[T]he court must mail notice of the new date to the party who failed to appear.” Id.
“If the defendant does not appear for trial on the date and time noticed by the summons and a default was not entered, the court must verbally inform the parties of the information in [MCR 4.201(K)(2)] at the defendant’s first appearance and allow the defendant time to make a jury demand under [MCR 4.201(G)(4)] and to retain an attorney under [MCR 4.201(G)(2)].” MCR 4.201(K)(2)(a).
G.Recording Summary Proceedings
“All landlord-tenant summary proceedings conducted in open court, including advice of rights and information required under [MCR 4.201(K)(2)(a)], must be recorded by stenographic or mechanical means, and only a reporter or recorder certified under MCR 8.108(G) may file a transcript of the record in a Michigan court.” MCR 4.201(E).9 However, MCR 4.201(E) “does not apply to courts providing the advice of rights in accordance with [MCR 4.201(K)(2)(b)].” MCR 4.201(E).
All fees10 must be waived for an individual that “is receiving any form of means-tested public assistance[.]“11 MCR 2.002(C). All fees must also be waived if an individual “shows that he or she is unable because of indigence to pay fees[.]” MCR 2.002(F). However, fee waivers are not available to public or private organizations under MCR 2.002 “unless an applicable statute provides that no fee(s) shall be required.” MCR 2.002(A)(1).
“If the payment of fees has been waived under [MCR 2.002], the court may on its own initiative order the individual for whom the fees were waived to pay those fees when, upon a finding of fact, the court determines the reason for the waiver no longer exists.” MCR 2.002(J).
“Notwithstanding any other provision of [MCR 2.002], courts must enable a litigant who seeks a fee waiver to do so by an entirely electronic process.” MCR 2.002(L).
See the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 1, for more information on waiver of fees under MCR 2.002.
1 MCR 4.201(G)(1) contains no express analogue to MCR 4.201(B)(1)’s requirement that the complaint conform to the general pleading requirements. However, except where otherwise provided, the Michigan Court Rules apply to summary proceedings. MCR 4.201(A). Therefore, the rules of pleading in MCR 2.111 apply to responsive pleadings in summary proceedings.
2 Amended on June 24, 2020, October 22, 2020, December 29, 2020, March 22, 2021, April 9, 2021, July 2, 2021, July 26, 2021, August 10, 2022, and September 7, 2023. Unless AO 2020-17 provides otherwise, “a court must comply with MCR 4.201 with regard to summary proceedings.” AO 2020-17.
3 “[A] jury demand made in response to a complaint for summary proceedings in district court does not operate as a jury demand with regard to collateral claims that are removed to the circuit court because the claims exceed the district court’s jurisdictional limits.” Adamski v Cole, 197 Mich App 124, 130 (1992). In such a case, the party wishing a jury in circuit court must make the request in circuit court. Id.; MCR 2.508(B)(3)(b).
4 See Section 4.9(B) for more information on escrow orders.
5 See SCAO Form DC 538, Advice of Rights and Information (Landlord-Tenant).
6 See Section 4.9(B) for additional information on escrow orders.
7 See Section 4.10(A) for more information on trials and the limited circumstances under which a proceeding can be resolved without adjournment of trial.
8 See Section 4.12 for a discussion of defaults and default judgments.
9 See MCR 8.108 in its entirety for detailed information regarding the duties of court recorders and reporters.
10 For purposes of MCR 2.002 and except as otherwise provided in MCR 2.002(I) (payment of fees and costs related to service of process), “‘fees’ applies only to fees required by MCL 600.857, MCL 600.880[–] MCL 600.880c, MCL 600.1027, MCL 600.1986, MCL 600.2529, MCL 600.5756, MCL 600.8371, MCL 600.8420, MCL 700.2517, MCL 700.5104, and MCL 722.717.” MCR 2.002(A)(2).
11 “[M]eans-tested public assistance includes but is not limited to: (1) Food Assistance Program through the State of Michigan; (2) Medicaid; (3) Family Independence Program through the State of Michigan; (4) Women, Infants, and Children benefits; (5) Supplemental Security Income through the federal government; or (6) Any other federal, state, or locally administered means-tested income or benefit.” MCR 2.002(C).