--- name: mi-draft-note description: > This skill should be used to scaffold a Michigan Notice of Hearing — the document that places a motion on the court's calendar — and the related party-filed notices in Michigan civil practice. Triggers include "Michigan notice of hearing", "notice a motion for hearing Michigan", "MCR 2.119(C) notice", "schedule motion hearing notice", "draft a notice of hearing for my motion", "set my motion for hearing in Michigan". The scheduling document in Michigan is a Notice of Hearing (NOT a "Note for Motion Docket" or a "Notice of Motion"). Under MCR 2.119(C) a written motion and a notice of the time and place of hearing must be served, and the proof of service follows MCR 2.107. Composes with `mi-statewide-format` for the caption, `mi-schedule-hearing` for obtaining the hearing date, and `mi-draft-motion` for the underlying motion. version: 0.1.0 --- # Draft a Michigan Notice of Hearing > **NOT LEGAL ADVICE.** This skill scaffolds a notice document as a > drafting aid. Verify the filing court's local rules and the assigned > judge's practice — especially how hearing dates are obtained and the > minimum notice period — against current law before filing. In Michigan civil practice the document that places a motion on the court's calendar is the **Notice of Hearing**. It tells all parties when and where the court will hear a previously filed motion. Michigan does **not** use a "Note for Motion Docket" or a freestanding "Notice of Motion" — the motion and the notice of hearing travel together. ## MCR 2.119(C) — the motion-and-notice requirement Under **MCR 2.119(C)**, a written motion (other than one that may be heard ex parte), the notice of the time and place of the hearing, and any supporting brief or affidavits must be **served** on the other parties. The rule sets a **minimum notice period** before the hearing, with a longer period when service is by mail. - Do **not** hard-code the day count here. Confirm the exact minimum notice period (and the mail add-on) in the current text of MCR 2.119(C) via `mi-law-references`, and compute the date with `mi-deadlines`. - The notice period runs **backward** from the hearing date: the motion + notice must be served at least the rule's minimum number of days before the hearing. Building in the mail-service add-on and any longer local-rule period is the filer's responsibility. - Some motions may be **heard ex parte** or decided **without oral argument** under MCR 2.119(E) (the court may dispense with oral argument). Confirm whether the motion at hand requires a noticed hearing at all before scheduling one. ## Get the hearing date first Michigan trial courts vary in how a motion hearing date is obtained. Many circuit and district courts require the filer to **secure a motion date** from the assigned judge's clerk or the court's motion calendar before the Notice of Hearing can state a date; some run a standing motion day. Practice differs by court and by judge. - **Use `mi-schedule-hearing`** for the mechanics of obtaining or coordinating the date with the court before noticing the motion. - **Check the local rules** of the filing court and the assigned judge's practice guidelines. - Confirm the appearance method (in person vs. remote) — many Michigan courts hold motion hearings by videoconference under MCR 2.407 and the Michigan Trial Court Standards for the use of video technology. ## Proof of service — MCR 2.107 Service of the motion and Notice of Hearing on every other party is governed by **MCR 2.107** (manner of service; service on the attorney of record where a party is represented). The filing must include a **proof of service** stating the date, manner, and recipients. The notice period under MCR 2.119(C) is measured from the date of service, so the proof-of-service date is what fixes whether the minimum notice was satisfied. ## Standard Notice of Hearing scaffold ``` [Caption — see mi-statewide-format] NOTICE OF HEARING TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that [Movant]'s [Motion Title], filed [date], will be brought on for hearing before the Honorable [Judge Name] as follows: Date: [Date] Time: [Time] Place: [Courtroom / Judge, courthouse name, street address, city, Michigan] [OR remote appearance — platform and connection details, if the court hears motions by video under MCR 2.407] The motion and this notice are served on all parties pursuant to MCR 2.119(C) and MCR 2.107. [Signature block — see mi-statewide-format] PROOF OF SERVICE [Date, manner, recipients — per mi-statewide-format and MCR 2.107] ``` ## Other party-filed notices | Notice | Filer | Purpose | Authority | |--------|-------|---------|-----------| | Notice of Hearing | Movant | Sets a filed motion for hearing | MCR 2.119(C) + local rules | | Notice of Filing | Filer | Cover notice accompanying a filed document or exhibit | local practice | | Notice of Dismissal | Plaintiff | Voluntary dismissal | MCR 2.504(A) | | Notice of Change of Address | Party / attorney | Updates the service address of record | MCR 2.107 | ## Filing checklist - [ ] Hearing date obtained / coordinated per the court's procedure (`mi-schedule-hearing`) - [ ] Caption matches the assigned court and county (`mi-statewide-format`) - [ ] Title `NOTICE OF HEARING` in ALL CAPS, centered - [ ] Date, time, place, and appearance method stated - [ ] MCR 2.119(C) minimum notice period satisfied (with mail add-on where applicable) — verified via `mi-law-references` and computed with `mi-deadlines` - [ ] Motion + supporting brief/affidavits served with the notice under MCR 2.119(C) - [ ] Proof of service complete (MCR 2.107) ## Composition - For format and caption: `mi-statewide-format` - For obtaining the hearing date: `mi-schedule-hearing` - For the underlying motion: `mi-draft-motion` - For the proposed order to bring to the hearing: `mi-draft-order` - For the minimum-notice computation and any mail add-on: `mi-deadlines` - For the venue overlay: `mi-wayne`, `mi-oakland`, `mi-36th-district`, `mi-circuit-courts`, `mi-district-courts` - For the current text of MCR 2.119 and MCR 2.107: `mi-law-references` ## References - `references/notice-of-hearing-template.md` — annotated template - `references/mcr-2119C-notice-period.md` — MCR 2.119(C) notice-period pointer + MCR 2.107 service notes