Rule 2.110 – Pleadings

May 13, 2021 | Civil Procedure, Michigan

(A) Definition of “Pleading.” The term “pleading” includes only:

(1) a complaint,

(2) a cross-claim,

(3) a counterclaim,

(4) a third-party complaint,

(5) an answer to a complaint, cross-claim, counterclaim, or third-party complaint, and

(6) a reply to an answer.

No other form of pleading is allowed.

(B) When Responsive Pleading Required. A party must file and serve a responsive pleading to

(1) a complaint,

(2) a counterclaim,

(3) a cross-claim,

(4) a third-party complaint, or

(5) an answer demanding a reply.

(C) Designation of Cross-Claim or Counterclaim. A cross-claim or a counterclaim may be combined with an answer. The counterclaim or cross-claim must be clearly designated as such.

(1) A responsive pleading is not required to a cross-claim or counterclaim that is not clearly designated as such in the answer.

(2) If a party has raised a cross-claim or counterclaim in the answer, but has not designated it as such, the court may treat the pleading as if it had been properly designated and require the party to amend the pleading, direct the opposing party to file a responsive pleading, or enter another appropriate order.

(3) The court may treat a cross-claim or counterclaim designated as a defense, or a defense designated as a cross-claim or counterclaim, as if the designation had been proper and issue an appropriate order.

Mich. R. Civil. Proc. 2.110