Responding to a Michigan complaint: 21 days, or 28 if you were served outside the state

Michigan's answer deadline depends on how you were served, not only on when. Two numbers cover almost every case, and getting the wrong one is the most common way a Michigan defendant ends up in default.

The deadline

MCR 2.108(A)(1):

A defendant must serve and file an answer or take other action permitted by law or these rules within 21 days after being served with the summons and a copy of the complaint in Michigan in the manner provided in MCR 2.105(A)(1).

MCR 2.108(A)(2) — the 28-day cases:

If service of the summons and a copy of the complaint is made outside Michigan, or if the manner of service used requires the summons and a copy of the complaint to be sent by registered mail addressed to the defendant, the defendant must serve and file an answer or take other action permitted by law or these rules within 28 days after service.

So the trigger for the longer period is either geography or method. Registered-mail service inside Michigan gets 28 days just as out-of-state personal service does.

MCR 2.108(A)(3) — service by publication or posting: where service is made under MCR 2.106, "the court shall allow a reasonable time for the defendant to answer … but may not prescribe a time less than 28 days after publication or posting is completed."

Twenty-eight days is a floor there, not a fixed period — read the order.

Cross-claims and counterclaims — MCR 2.108(A)(4): a party served with a pleading stating a cross-claim or counterclaim answers on the periods the subrule sets.

"Answer or take other action"

The phrase in MCR 2.108(A)(1) matters. An answer is not the only way to stop the clock — a motion permitted by the rules also counts, and Michigan's principal pre-answer motion is MCR 2.116, motion for summary disposition.

MCR 2.116 is broader than the federal Rule 12 motion. It covers grounds that in federal practice would be split between a motion to dismiss and a motion for summary judgment — lack of jurisdiction, prior judgment, release, statute of limitations, failure to state a claim, and no genuine issue of material fact, among others.

That consolidation is a genuine difference in Michigan practice: the same motion can attack the pleading and the proofs, and the subrule invoked determines what the court may consider.

Default: the clerk acts, but notice follows

MCR 2.603(A)(1): where a party against whom affirmative relief is sought "has failed to plead or otherwise defend as provided by these rules, the clerk must enter the default of that party" if the fact is

(a) known to the clerk of the court, or (b) verified in the manner prescribed by MCR 1.109(D)(3) and filed with the court in a request for default.

Entry is a clerical act on a verified request. There is no motion and no hearing.

MCR 2.603(A)(2) — notice after the fact:

Notice that the default has been entered must be sent to all parties who have appeared and to the defaulted party. If the defaulted party has not appeared, the notice to the defaulted party may be served by personal service, by ordinary first-class mail at his or her last known address or the place of service, or as otherwise directed by the court.

Michigan is unusual here. Federal Rule 55(a) requires no notice at all, before or after. Michigan requires notice after entry — including to a defendant who never appeared.

That notice is the practical warning, and it is the moment to act. Default has been entered, but judgment has not, and the gap between the two is where a Michigan defendant has the best chance.

Fixing a missed deadline

The Michigan structure follows the familiar two-tier pattern: undoing an entry of default is easier than undoing a default judgment, and the standard tightens once judgment is entered.

The practical consequences:

Move as soon as the MCR 2.603(A)(2) notice arrives. Every day of delay makes the showing harder and moves the case toward judgment.

Have your defence ready. Michigan, like most states, expects a party seeking to set aside a default to show it has something to say on the merits — not merely that it missed a date.

And check the service. If service did not comply with MCR 2.105, the deadline never properly ran, which is a different and stronger argument than excusable neglect.

The two deadlines, and what triggers them

How Michigan compares

Michigan's post-entry notice requirement is the provision worth knowing. In federal court, and in a number of states, a defendant who never appeared learns of the default when they learn of the judgment. In Michigan they are told when the default is entered.

A short checklist

1. Work out which deadline applies before anything else. Twenty-one days is only for personal service inside Michigan under MCR 2.105(A)(1).
2. Twenty-eight days if you were served outside Michigan, or if the method required registered mail to you.
3. Read the order if service was by publication or posting — the court sets the time, subject to a 28-day floor.
4. You can file a motion instead of an answer. MCR 2.108(A)(1) permits "other action," and MCR 2.116 summary disposition is the usual route.
5. If a default notice arrives, act immediately. Entry is not judgment, and the window between them is where the standard is most forgiving.
6. Check whether service actually complied with MCR 2.105. Defective service is a stronger answer than a good excuse.
7. Prepare the substance of your defence, not just the reason you were late.

Where these rules live

• MCR 2.105 — Process; manner of service
• MCR 2.106 — Notice by publication or posting
• MCR 2.107 — Service and filing of pleadings and other documents
• MCR 2.108 — Time
• MCR 2.111 — General rules of pleading
• MCR 2.116 — Summary disposition
• MCR 2.603 — Default and default judgment

This page explains what the rules say. It isn't legal advice, and the standard for setting aside a default is developed in case law this site doesn't cover.