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Sworn Denial in Michigan


newton
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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

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:)++

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! :mrgreen:

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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

Not in Michigan, but everything you file in a court should be copied to Plaintiff's attorney.

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