Mich. Admin. Code R. 792.10229

Current through Vol. 24-10, June 15, 2024
Section R. 792.10229 - Answers

Rule 229.

(1) The respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number. Failure to file an answer or responsive motion within 28 days may result in the holding of the respondent in default and may, if the respondent fails to timely cure the default, result in the conducting of a default hearing, as provided in R 792.10231.
(2) The answer must be signed and advise the petitioner and the tribunal of the nature of the defenses. The answer must also contain a specific admission or denial of each material allegation in the petition. If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, then the answer must so state and the statement has the effect of a denial. If the respondent intends to qualify or deny only a part of an allegation, then the answer must specify so much of the allegation as is true and qualify or deny only the remainder. In addition, the answer must contain a clear and concise statement of every ground on which the respondent relies and has the burden of proof. Paragraphs of the answer must be designated to correspond to paragraphs of the petition to which they relate.
(3) An answer may assert as many defenses as the respondent may have against the claims raised by the petitioner. A defense is not waived by being joined with 1 or more other defenses. All defenses not asserted in either the answer or by appropriate motion are waived, except for either of the following defenses:
(a) Lack of jurisdiction.
(b) Failure to state a claim upon which relief may be granted.
(4) For special assessment contested cases, the answer must specify the statutory authority under which the special assessment district was created and a copy of the resolution confirming the special assessment roll must be submitted concurrently with the answer.
(5) For non-property tax contested cases, a copy of the final assessment, decision, or order being appealed must be submitted concurrently with the answer.
(6) For contested tax bill contested cases, the answer must specify the date the contested tax bill was mailed.

Mich. Admin. Code R. 792.10229

2013 AACS; 2015 AACS; 2023 MR 19, Eff. 9/29/2023