Legal Question in Civil Litigation in Michigan

Question About MCR 2.116(I,1)

The law says:

(1) If the pleadings show that a party is entitled to judgment as a matter of law, or if the affidavits or other proofs show that there is no genuine issue of material fact, the court shall render judgment without delay

Does this mean that if my documents show that a law was violated that I am entitled to compensation even if the claim is filed outside of the statute period?

If the defendant did something that prevented me from filing a claim within the statute or if I just did not know a statute existed, can I still win in court?

I read about Equitable Estoppel, which says that if the defendant withheld evidence which prevented the claim from being discovered in time to file a claim under the statute, then the plaintiff can still file a claim or is entitled to compensation? Is this correct or not


Asked on 1/07/08, 2:30 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Question About MCR 2.116(I,1)

unfortunately one cannot comment on the effect of general rules without knowing all the facts...and then it becomes time consuming

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Answered on 1/08/08, 1:48 am


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