3.6Motion to Strike¹

A.Generally

“On motion by a party or on the court’s own initiative, the court may strike from a pleading redundant, immaterial, impertinent, scandalous, or indecent matter, or may strike all or part of a pleading not drawn in conformity with these rules.” MCR 2.115(B). A response to a motion for summary disposition “cannot be struck” under MCR 2.115(B) because “MCR 2.110(A) defines ‘pleading’ as a complaint, a cross-claim, a counterclaim, a third-party complaint, an answer to any of the above, or a reply to an answer.” Cove Creek Condo Ass’n v Vistal Land & Home Dev, LLC, 330 Mich App 679, 717 (2019) (finding, however, that “although the form” of defendants’ request to strike was improper, “there was arguable legal merit to defendants’ claim that the trial court should only consider the issue before it,” and “the trial court did not abuse its discretion by denying sanctions on this basis”).

B.Timing

“[A] motion to strike should be allowed at any reasonable time.” Belle Isle Grill Corp v Detroit, 256 Mich App 463, 471 (2003). While MCR 2.108(B) limits the time for filing a motion in response to a pleading to within the time limits for filing a responsive pleading or within 21 days of being served with a pleading that requires no response, “the time limit imposed under MCR 2.108(B) should not be interpreted to control motions under MCR 2.115(B).” Belle Isle, 256 Mich App at 471.²

C.Standard of Review

A trial court’s decision regarding a motion to strike a pleading, is reviewed for an abuse of discretion. Belle Isle Grill Corp v Detroit, 256 Mich App 463, 469 (2003).