Michigan courts
When must I Answer an ordinary Michigan civil complaint after personal service in the state?
You normally must Answer an ordinary Michigan civil complaint after personal service in the state within 21 calendar days after personal service of the summons and complaint on the defendant in Michigan, under MCR 2.108(A)(1). If the final day is a Saturday, Sunday or Michigan legal holiday, the computation rule carries it to the next day that is not. Michigan legal holidays for 2026 and 2027 are applied; a local court closure or a holiday declared by the Governor or the President can extend the deadline further.
- Period
- 21 calendar days
- Trigger
- Personal service of the summons and complaint on the defendant in Michigan
- Rule
- MCR 2.108(A)(1)
Michigan rules as encoded, 2026 and 2027 legal holidays bundled
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Which date starts the 21-day period?
The period runs from the personal service of the summons and complaint on the defendant in Michigan.
For MCR 2.108(A)(1), count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Michigan Courts court rulesA 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)(1)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it. Confirm that event before applying MCR 2.108(A)(1).
Which date do I enter?How are the 21 calendar days counted?
- MCR 2.108(A)(1). Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Michigan legal holiday, continue to the next day that is not one of those.
The MCR 2.108(A)(1) record uses this method. Exclude the trigger day and count calendar days under MCR 1.108.
For MCR 2.108(A)(1), if the final day is a Saturday, Sunday or Michigan legal holiday, the computation rule carries it to the next day that is not. Michigan legal holidays for 2026 and 2027 are applied; a local court closure or a holiday declared by the Governor or the President can extend the deadline further.
The supporting computation provision for MCR 2.108(A)(1) adds this boundary. Michigan computes time under MCR 1.108. The calculator applies Michigan legal holidays for 2026 and 2027. A local court closure, an emergency closure or a holiday declared by the Governor or the President is not bundled and can extend the deadline.
Read MCR 1.108The calculation applies the ordinary method recorded for MCR 2.108(A)(1). Check applicable holidays, court accessibility and the filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the personal service of the summons and complaint on the defendant in Michigan on Tuesday, September 1, 2026 (personal service of the summons and complaint on the defendant in Michigan on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under MCR 1.108. The example assumes no local rule, order or closure changes the ordinary period under MCR 2.108(A)(1).
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 21 | Ordinary deadline in this example | September 22, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- The court may enlarge time under MCR 1.108 or MCR 2.108 as applicable; no extension is assumed.
- Orders and local rules
- A scheduling order, approved stipulation, standing order or local rule can control over the ordinary period described by MCR 2.108(A)(1).
- The court may enlarge time under MCR 1.108 or MCR 2.108 as applicable; no extension is assumed.
- A stipulation, scheduling order, standing order or local rule can control over the ordinary period described by MCR 2.108(A)(1).
What should I check before filing?
Common questions
Starting the clock
Does the clock start on the personal service of the summons and complaint on the defendant in Michigan, or when I first learned of it?
Under MCR 2.108(A)(1), the period runs from the personal service of the summons and complaint on the defendant in Michigan, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 21 calendar days or business days?
For MCR 2.108(A)(1), count calendar days, including intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, MCR 1.108 carries it forward as provided by that rule.
MCR 1.108Which time zone and filing cutoff apply?
Michigan filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability. Confirm that boundary before relying on a MCR 2.108(A)(1) result.
MCR 1.108What if the court is inaccessible on the last day?
MCR 1.108 and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure. This check remains separate from the ordinary MCR 2.108(A)(1) count.
MCR 1.108Extensions and local rules
Can the court extend this deadline?
The court may enlarge time under MCR 1.108 or MCR 2.108 as applicable; no extension is assumed. A request does not itself extend the period under MCR 2.108(A)(1), and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. A local rule, standing order or case-specific order can control over the ordinary period calculated under MCR 2.108(A)(1). Compare the result with every applicable order before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under MCR 2.108(A)(1). It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free calculation under MCR 2.108(A)(1), including the citation, counting steps and warnings. Court-specific facts can keep a result provisional.
Results, records and your case
What is included in an Evidence Record?
An eligible MCR 2.108(A)(1) record retains the inputs, result, cited rule, calculation working, warnings and review state. It records that calculation and its fingerprint, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. A provisional MCR 2.108(A)(1) result remains subject to review, and a separately labeled manual date does not alter the original calculation.
Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| MCR 2.108(A)(1) | Trigger and period |
| MCR 1.108 | Counting, holidays and the last day |