3.5Motion for More Definite Statement1
A party may file a motion for a more definite statement as a remedy to a deficient pleading. MCR 2.115(A). Pursuant to MCR 2.115(A), “[i]f a pleading is so vague or ambiguous that it fails to comply with the requirements of these rules, an opposing party may move for a more definite statement before filing a responsive pleading. The motion must point out the defects complained of and the details desired.” See also Hofmann v Auto Club Ins Ass’n, 211 Mich App 55, 90 (1995). “If the motion is granted and is not obeyed within 14 days after notice of the order, or within such other time as the court may set, the court may strike the pleading to which the motion was directed or enter an order it deems just.” MCR 2.115(A).
“[A] failure to move for a more definite statement is not proof that the filing was adequate to begin with.” Tyra v Organ Procurement Agency of Mich, 302 Mich App 208, 216 (2013), overruled in part on other grounds 498 Mich 68, 74 (2015).2 “Failing to move for a more definite statement may mean that the other party was not confused, but it may also mean that the other party was so confused that it was not aware that it was confused.” Tyra, 302 Mich App at 216.
Committee Tip:
MCR 2.115(A) does not provide courts the authority to order a more definite statement sua sponte. Due to a lack of authority on this issue, it is unclear how appellate courts would treat a trial court’s decision to sua sponte order a party to file a more definite statement.
A motion for a more definite statement must be filed before the responsive pleading. Hofmann v Auto Club Ins Ass’n, 211 Mich App 55, 90 (1995). See also MCR 2.115(A); MCR 2.108(B) (motions that raise a defense or an objection to a pleading must be filed and served within the time for filing a responsive pleading; if no responsive pleading is required, the motion must be filed and served within 21 days after service of the pleading to which it is directed).3
If a motion for a more definitive statement “made before filing a responsive pleading is denied, the moving party must serve and file a responsive pleading within 21 days after notice of the denial,” unless a different time is set by the court. MCR 2.108(C)(1). If the moving party files an application for leave to appeal within 21 days after notice of the denial, the time to serve and file a responsive pleading “is extended until 21 days after the denial of the application unless the appellate court orders otherwise.” Id.
A trial court’s decision whether to grant a motion for a more definite statement is reviewed for an abuse of discretion. Woods v SLB Prop Mgt, LLC, 277 Mich App 622, 625 (2008).