newton Posted December 8, 2011 Report Share Posted December 8, 2011 Hello everyone,I have recently filled my Civil answer, Sworn Denial and a motion to dismiss all at the same time...when I asked the clerk if I have to send a copy of the sworn denial to the plaintiffs attorney ? she said "NO"my question is; is she correct? has anyone done a sworn denial in MIchigan. thanks Link to comment Share on other sites More sharing options...
MamaCaldo Posted December 8, 2011 Report Share Posted December 8, 2011 A "sworn denial"? Do you mean an "affidavit" or "counter affidavit"?MCR 2.107 (A) (1) states: "Unless otherwise stated in this rule, every party who has filed a pleading, an appearance, or a motion must be served with a copy of every paper later filed in the action."I would take it that you need to send a copy of the paper you filed with court to the "other side". Also, make sure the copy has that "time stamp" that the court puts on papers you have filed with them. That way they know when it was officially filed with the court too. If you didn't have the court clerk time stamp your personal copy, then you will have to go and ask them to pull your file, make a copy of the one you filed with the court, and mail that copy out to the other side.At least that is how I read the MCR, and how I would do it. If another learned MI person chimes in with something different, that would be great too! Link to comment Share on other sites More sharing options...
DonqIII Posted December 8, 2011 Report Share Posted December 8, 2011 Hello everyone,I have recently filled my Civil answer, Sworn Denial and a motion to dismiss all at the same time...when I asked the clerk if I have to send a copy of the sworn denial to the plaintiffs attorney ? she said "NO"my question is; is she correct? has anyone done a sworn denial in MIchigan. thanksNot in Michigan, but everything you file in a court should be copied to Plaintiff's attorney. Link to comment Share on other sites More sharing options...
Savoir Posted December 8, 2011 Report Share Posted December 8, 2011 MamaCaldo is %100 correct.I'm not sure about the court stamp though; I've never done it and have had no issues.Send everything CMRR ..... that way they can't say "We never got it". Link to comment Share on other sites More sharing options...
legaleagle Posted December 8, 2011 Report Share Posted December 8, 2011 Yup......send a copy to opposing counsel. Better safe than sorry. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted December 8, 2011 Report Share Posted December 8, 2011 I don't know the official answer, but it is a good thing to send anything you file or plan to present to the court, to the other side. Link to comment Share on other sites More sharing options...
inthesticks Posted December 9, 2011 Report Share Posted December 9, 2011 I always sent a stamped copy of anything I filed to the enemy - er - plaintiff. Better to send something you don't need to than not send something you should, and lose over a technicality. Link to comment Share on other sites More sharing options...
newton Posted December 9, 2011 Author Report Share Posted December 9, 2011 thanks for you response everyone, I wish you guys would come to my other post and share your thoughts. Link to comment Share on other sites More sharing options...
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