Michigan Form MC 01 is the Summons and Complaint that every plaintiff must file with the county clerk to start a civil lawsuit in a Michigan circuit, district, or probate court. The State Court Administrative Office (SCAO) publishes the official version, currently revised 6/25, and you can download it directly from the Michigan Courts forms library.
Filing this form wrong is the fastest way to lose a valid case. Michigan courts dismiss thousands of complaints each year for service failures alone, and roughly 1 in 5 self-represented filers miss the 91-day service deadline under MCR 2.102(D), which voids the summons and forces a refile.
Here is what you will learn in this guide:
- 📝 How to complete every box on Form MC 01 line by line, with sample entries
- ⚖️ How MCR 2.102, MCR 2.107, and MCL 600.1901 shape the form
- 💵 Filing fees, jury demand fees, and refund rules for circuit, district, and probate courts
- 📦 Attachments you must staple to MC 01, including MC 01a and case-type addenda
- 🚫 The 10 most common mistakes that get a complaint rejected at the clerk’s window
What Form MC 01 Is and Who Must File It
Form MC 01 is a two-part document. The top half is the Summons, which the court issues to compel a defendant to answer. The bottom half is the Complaint, where the plaintiff lists the legal claims. The form is approved by the SCAO under the authority of MCR 1.109(D), which requires every Michigan court to accept SCAO-approved forms without modification.
Any person, business, or government entity starting a civil lawsuit in a Michigan trial court files MC 01. That includes a homeowner suing a contractor in circuit court, a small landlord suing a former tenant for damages in district court, and a family member contesting a will in probate court. The form is not used for small-claims cases under $7,000, which use DC 84, or for divorce, which uses FOC/family forms.
The agency that receives MC 01 is the county clerk for circuit and probate matters, and the district court clerk for district court matters, under MCL 600.1901. The statute of limitations for the underlying claim governs the deadline to file, and missing it bars the case forever. The penalty for filing a defective MC 01 is rejection at intake, loss of filing fees if not refunded, and possible expiration of the limitations period while you scramble to fix it.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. Missing one item is the single biggest reason filers leave the clerk’s window empty-handed.
- Plaintiff’s full legal name and current address. The clerk uses this to issue the summons and to mail any court notices, and a missing apartment number can void service.
- Defendant’s full legal name and last known address. Wrong names get the case dismissed for lack of personal jurisdiction under MCR 2.105.
- Case type code from the SCAO list. Codes like CB (contract), NI (auto negligence), and PO (probate) tell the clerk which docket to assign.
- Amount in controversy. Anything over $25,000 belongs in circuit court under MCL 600.8301; $25,000 or less belongs in district court.
- Filing fee in cash, check, or e-payment. Circuit court is $150, district court is $25–$150 depending on amount, and probate civil is $150.
- Jury demand fee. Add $25 if you want a jury, or you waive jury under MCR 2.508.
- Drafted Complaint body or attached pleading. MC 01’s complaint box is small, so most filers attach a separate complaint using MC 01a.
- Case-type-specific addenda. Medical malpractice requires an affidavit of merit under MCL 600.2912d; auto-negligence requires a notice under the No-Fault Act.
- MiFILE account credentials. MiFILE e-filing is mandatory in many counties, and you cannot file paper there.
- Proof of service form (MC 02). You will need MC 02 within 91 days to prove the defendant was served.
Where to Get the Form and How to Access It
The only safe source is the SCAO-approved PDF on the Michigan Courts website. Third-party PDFs sometimes contain old revision dates, missing fields, or unauthorized branding, and clerks reject them on sight. Confirm the bottom-left of page 1 reads MC 01 (6/25) before you fill anything in.
You can complete MC 01 three ways. The fastest is the fillable PDF, which lets you type into each box and save the file for e-filing. The second option is to print a blank copy and fill it in by hand using black ink in block capitals, which is what most rural counties still expect at the clerk’s window. The third option is the MiFILE web interface, which generates an MC 01 from your portal entries.
Many county law libraries keep a stack of pre-printed MC 01 forms next to a self-help kiosk. The Michigan Legal Help Self-Help Centers also stock the form and offer free guidance, although staff cannot give legal advice. If you have a disability that prevents you from completing the form, you can request an accommodation under MCR 1.111 and the clerk must provide reasonable help.
Step-by-Step: How to Fill Out Michigan Form MC 01 Line by Line
The form has a top caption block, a Summons section, a Complaint section, a venue/jurisdiction box, and a signature block. Each box matters. Skipping or fudging even one field can void the summons.
Court Name and Address (Top Caption)
This field asks which Michigan trial court will hear your case. Type or print the official court name, the county, and the street address of the courthouse on the three lines at the very top of the form. Use the exact name, such as 3rd Circuit Court – Wayne County, not a nickname.
For example, Marcus Bell sues a contractor in Detroit and writes 3rd Circuit Court, Wayne County, 2 Woodward Avenue, Detroit, MI 48226. He confirms the address on the Wayne County Clerk page before filing.
A common edge case is suing in a court that shares a building with another court. If two courts share an address, you must still write the specific division (district vs. circuit) so the clerk routes your file correctly. Filers often write only the city, which causes the clerk to bounce the form back the same day. The misconception is that the clerk will “figure out” the right court, but Michigan clerks do not transfer cases between divisions before filing.
Court Telephone Number
This field asks for the main public phone line of the court you named above. Write the 10-digit number with area code in standard format, such as (313) 224-5510. The court uses this number on the issued summons so the defendant can call to verify the case.
Aisha Patel, filing in Oakland County, writes (248) 858-0344, the published clerk line. She finds it on the Oakland County Circuit Court site.
If the court has separate civil and criminal phone lines, use the civil division line. A frequent mistake is writing a personal attorney’s number here, which confuses the defendant and can be treated as a defective summons. The misconception is that this number is for the plaintiff’s contact; it is not, and a wrong number can delay service.
Case Number
Leave this field blank. The clerk assigns the case number when you file, stamps it on the form, and returns a copy. Writing in a guessed or recycled case number is grounds for immediate rejection.
For example, Janet Cho hands the clerk her MC 01 with the case number line empty, and the clerk writes 25-001234-CB in the box. She receives a stamped copy back as her proof of filing.
The edge case is refiling a previously dismissed case. Even then, you leave the box blank and let the clerk issue a new number, although you must disclose the prior case under the certification at the bottom. The misconception is that you can use the prior number to “continue” a dismissed case, which Michigan procedure does not allow under MCR 2.504.
Plaintiff’s Name(s), Address, and Telephone
This block asks for every plaintiff’s full legal name, mailing address, and a daytime phone number. Write each plaintiff on its own line, last name first if you prefer, but be consistent with how the name appears on government ID. Include apartment, unit, or suite numbers.
For example, Marcus Bell writes Bell, Marcus J., 1450 Gratiot Ave., Apt. 7B, Detroit, MI 48207, (313) 555-0148. If a business is the plaintiff, he would write Bell Renovations, LLC with its registered address from LARA’s business search.
A P.O. Box alone is not enough; courts require a physical address for service of court orders. The most common mistake is leaving off the apartment number, which causes mailed notices to bounce and risks a MCR 2.107 failure-to-serve issue. The misconception is that you can use a lawyer’s address here when filing pro se; you cannot, because the address must be the plaintiff’s.
Plaintiff’s Attorney, Bar Number, Address, and Telephone
This field asks for the lawyer representing the plaintiff. If you are filing pro se, write In Pro Per and leave the bar number blank. If you have counsel, list the attorney’s name, P-number from the State Bar of Michigan, firm address, and phone.
For example, attorney Diane Reyes (P12345) of Reyes Law PLLC, 100 Main St., Lansing, MI 48933, (517) 555-0190 signs on for plaintiff Bell. Her P-number must match her active SBM record.
A nuance arises with limited-scope representation under MRPC 1.2. The attorney must still list a P-number on MC 01 even if she only drafted the pleading. The mistake is writing a law student or paralegal’s name here, which the clerk will reject because only a licensed Michigan attorney or the party can appear on the form. The misconception is that listing an attorney binds her to the entire case; it does not, but it does create an appearance under MCR 2.117.
Defendant’s Name(s), Address, and Telephone
This field asks for the person or entity you are suing. Use the full legal name, not a nickname or business “doing business as” only. For corporations, list the registered name and add and its Resident Agent, [name] so service can be accomplished under MCL 600.1920.
For example, Aisha Patel sues a roofer and writes Top Tier Roofing, Inc., a Michigan corporation, c/o Resident Agent John Smith, 5500 Crooks Rd., Troy, MI 48098. She confirms the agent on LARA’s entity search.
The edge case is suing an unknown defendant such as John Doe. Michigan permits Doe pleading only when you actively try to identify the person, and you must amend within a reasonable time. The mistake is using only a DBA, which gives you a judgment against a name and not a person. The misconception is that you can sue a business by writing the owner’s name; if the business is an LLC or corporation, you must name the entity itself.
Defendant’s Attorney (Leave Blank)
You leave this field blank because the defendant has not appeared yet. The defendant fills it in when she files her answer. Writing a guess here is treated as misrepresentation.
Marcus Bell leaves the field empty, knowing that Top Tier Roofing’s counsel will appear later by filing an MC 02-equivalent appearance under MCR 2.117.
The nuance is when you know defense counsel from prior settlement talks. You still leave it blank because pre-suit counsel is not automatically the attorney of record. The mistake is writing in pre-suit counsel anyway, which creates a service ambiguity. The misconception is that you must serve pre-suit counsel; under MCR 2.105, you serve the defendant directly until counsel formally appears.
Civil Action Statement (The “There Is No Other Pending or Resolved Civil Action” Box)
This field asks you to certify under court rule whether any other lawsuit involving the same transaction or occurrence is pending or has been resolved. Check one box only. Option 1 says no other action exists; Option 2 says one does, and you must list the case number, judge, and court.
For example, Janet Cho checks Option 2 because she previously sued her ex-business partner over the same contract dispute in 2024 and the case settled. She writes Case No. 24-009876-CB, Hon. Patricia Lee, 6th Circuit Court – Oakland.
This box is required under MCR 2.113(C)(2). Failing to check either box is the single most common mistake, and Wayne County alone rejects thousands of MC 01s a year for this reason. The misconception is that “resolved” means only “won at trial”; it actually includes settlements, dismissals, and arbitration awards.
Jury Demand Box
This field asks whether you want a jury trial. Check the box if yes, and pay the $25 jury demand fee at filing. Leaving the box unchecked plus failing to pay the fee waives jury under MCR 2.508(D), and you cannot easily restore the right later.
For example, Marcus Bell checks the jury box and pays $175 total ($150 + $25). His receipt shows both line items.
A nuance is that some equitable claims, like injunctions, are not jury-eligible at all, and checking the box for them does nothing. The mistake is checking the box but forgetting the fee, which the clerk treats as no demand. The misconception is that you can demand a jury later by oral motion; Michigan requires a timely written demand.
Venue and Jurisdictional Allegations (Complaint Body)
This block asks where the events happened and why this court has authority. Write a short paragraph stating the county where the cause of action arose and the amount in controversy. Use the exact statutory language: Venue is proper in this Court under MCL 600.1621 because…
For example, Aisha Patel writes Venue is proper in Oakland County under MCL 600.1621 because the contract was performed in Troy, Michigan, and the amount in controversy exceeds $25,000, exclusive of interest and costs. She cites MCL 600.1621.
The edge case is a tort that crossed county lines, like a car accident on I-94. Venue then lies in any county where any element occurred. The mistake is pleading the wrong jurisdictional amount, which lets the defendant move to dismiss or transfer. The misconception is that you can file anywhere convenient; venue is mandatory, not optional.
Statement of Facts and Counts
This block is the heart of the complaint and asks you to lay out, in numbered paragraphs, the facts and the legal theories. Each count must identify the cause of action (e.g., Count I – Breach of Contract), the elements, and the damages claimed. Most filers attach a separate document using MC 01a because the on-form space is too small.
For example, Janet Cho writes Count I – Breach of Contract: 1) On March 1, 2025, Plaintiff and Defendant signed a written distribution agreement… and continues across MC 01a. She concludes with a prayer for relief demanding $45,000 plus statutory interest under MCL 600.6013.
The nuance is fraud and medical malpractice, which require heightened pleading under MCR 2.112. The mistake is conclusory pleading like “Defendant breached the contract” without facts, which invites a MCR 2.116(C)(8) summary disposition motion. The misconception is that you can amend freely later; you can amend once as of right, but courts limit later amendments.
Plaintiff/Attorney Signature and Date
This field asks the plaintiff or her attorney to sign and date the complaint. The signature certifies under MCR 1.109(E) that the pleading is well-grounded in fact and law. Use the date of filing, in MM/DD/YYYY format, such as 05/21/2026.
Marcus Bell, filing pro se, signs Marcus J. Bell and writes 05/21/2026. If e-filing through MiFILE, his typed name plus account credentials count as a signature under MCR 1.109(D)(3).
The nuance is corporate plaintiffs, which must sign through an authorized officer or licensed attorney; an LLC member-manager cannot sign for the entity in court. The mistake is undated signatures, which the clerk rejects. The misconception is that an electronic signature is somehow weaker; it is fully equivalent in Michigan courts.
Summons Expiration Date (Court Use Only)
This field is filled in by the clerk. The clerk stamps the expiration date 91 days from issuance under MCR 2.102(D), or 182 days for out-of-state defendants. You must serve the defendant and file proof of service before that date or the summons dies.
For example, Janet Cho files on 05/21/2026 and the clerk stamps the expiration as 08/20/2026. She calendars service for 60 days out to leave a buffer.
A nuance is that the court may extend the summons once for good cause under MCR 2.102(D)(2). The mistake is waiting until day 90 to attempt service, which often leads to default and refile costs. The misconception is that filing alone tolls the statute of limitations; under Michigan law, you must also serve within the summons period.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Marcus Bell – Breach of Contract Against a Roofer
| Form Section | What Marcus Enters |
|---|---|
| Court Name & Address | 3rd Circuit Court, Wayne County, 2 Woodward Ave., Detroit, MI 48226 |
| Court Phone | (313) 224-5510 |
| Case Number | Left blank |
| Plaintiff | Bell, Marcus J., 1450 Gratiot Ave., Apt. 7B, Detroit, MI 48207 |
| Plaintiff’s Attorney | In Pro Per |
| Defendant | Top Tier Roofing, Inc., c/o Resident Agent John Smith, 5500 Crooks Rd., Troy, MI 48098 |
| Civil Action Statement | Box 1 checked – no other pending or resolved action |
| Jury Demand | Checked, $25 fee paid |
| Venue Allegation | Venue proper under MCL 600.1621; work performed in Wayne County |
| Counts | Count I – Breach of Contract; Count II – Violation of MCPA, MCL 445.903 |
| Prayer | $32,500 plus interest under MCL 600.6013 |
| Signature & Date | Marcus J. Bell, 05/21/2026 |
Scenario 2: Aisha Patel – Auto Negligence (No-Fault Excess)
| Form Section | What Aisha Enters |
|---|---|
| Court Name & Address | 6th Circuit Court, Oakland County, 1200 N. Telegraph Rd., Pontiac, MI 48341 |
| Court Phone | (248) 858-0344 |
| Case Number | Left blank |
| Plaintiff | Patel, Aisha R., 920 Maple Rd., Birmingham, MI 48009 |
| Plaintiff’s Attorney | Diane Reyes (P12345), Reyes Law PLLC, Lansing, MI |
| Defendant | Robert J. Allen, 14 Pine St., Royal Oak, MI 48067 |
| Case Type Code | NI (Auto Negligence) |
| Civil Action Statement | Box 1 checked |
| Jury Demand | Checked |
| Venue Allegation | Venue proper under MCL 600.1629; collision occurred in Oakland County |
| Counts | Count I – Third-Party Auto Negligence under MCL 500.3135 |
| Signature & Date | Diane Reyes, P12345, 05/21/2026 |
Scenario 3: Janet Cho – Probate Will Contest Against an Estate
| Form Section | What Janet Enters |
|---|---|
| Court Name & Address | Oakland County Probate Court, 1200 N. Telegraph Rd., Pontiac, MI 48341 |
| Court Phone | (248) 858-0260 |
| Case Number | Left blank |
| Plaintiff | Cho, Janet H., 4500 Orchard Lake Rd., West Bloomfield, MI 48323 |
| Plaintiff’s Attorney | In Pro Per |
| Defendant | Estate of Henry Cho, c/o Personal Representative David Cho |
| Case Type Code | PO (Probate – Other) |
| Civil Action Statement | Box 2 checked; lists prior 24-009876-CB, Hon. Patricia Lee |
| Jury Demand | Unchecked (equitable relief) |
| Venue Allegation | Venue proper under MCL 700.1302; decedent resided in Oakland County |
| Counts | Count I – Will Contest under MCL 700.3407 |
| Signature & Date | Janet H. Cho, 05/21/2026 |
How to File the Completed Form
You can file MC 01 four ways depending on the county. Always confirm the county’s local rule on the Michigan Courts directory before traveling.
- MiFILE e-filing. Mandatory in 30+ counties. Upload the PDF at mifile.courts.michigan.gov, pay the $150 circuit fee plus a small e-filing surcharge by credit card, and download the file-stamped copy as proof. Processing is usually same-day.
- In person at the clerk’s office. Bring three copies (court, defendant, plaintiff). Pay by cash, check, or money order made out to the county clerk. The clerk stamps your copy as your proof of filing.
- By U.S. mail. Send the original plus copies, a self-addressed stamped envelope, and a check for the fee to the clerk. Use certified mail so you have a postmark. Processing takes 5–10 business days.
- By fax. A few rural courts still accept faxed filings under MCR 1.109(G), but you must follow up with originals within 14 days.
The fee waiver option uses MC 20 for filers below 125% of the federal poverty line. The clerk reviews and either grants the waiver, orders partial payment, or denies it within a few days. Keep the file-stamped MC 01 in a safe place because you cannot get a duplicate without paying a copy fee.
What Happens After You File
Once filed, the clerk issues the summons by stamping the expiration date and case number on the form. You have 91 days (182 if the defendant is out of state) to serve the defendant by personal delivery, certified mail with return receipt, or substituted service approved by the court under MCR 2.105.
After service, you file MC 02 Proof of Service with the court. The defendant then has 21 days to answer if served in Michigan, or 28 days if served outside the state, under MCR 2.108. If the defendant fails to answer, you can request a default and default judgment using forms MC 07 and MCR 2.603.
The court then issues a scheduling order setting discovery, motion, and trial deadlines. Most circuit cases reach trial within 18–24 months under the Michigan Trial Court Performance Measures. Settlement conferences and case evaluation under MCR 2.403 often resolve cases earlier.
Mistakes to Avoid When Filling Out the Form
- Leaving the civil action statement blank. The clerk rejects the form on intake, costing you a refile and possibly the statute of limitations.
- Naming a DBA instead of the legal entity. You win a judgment against a name, not a person, and cannot collect.
- Using a P.O. Box for the plaintiff address. Court mail bounces and you miss key deadlines.
- Guessing the case number. The clerk rejects the form because numbers are court-issued only.
- Skipping the jury demand fee after checking the box. The clerk treats the demand as never made and you lose jury rights.
- Filing in the wrong court level. A $30,000 claim in district court gets dismissed for lack of jurisdiction.
- Pleading the wrong venue county. The defendant moves to transfer or dismiss under MCR 2.223.
- Forgetting affidavits of merit in malpractice cases. The court dismisses the complaint with prejudice.
- Using an outdated MC 01 revision. Clerks reject anything not labeled (6/25).
- Missing the 91-day service deadline. The summons expires and the entire case can be dismissed.
- Signing without dating. The clerk rejects an undated pleading at intake.
- Listing pre-suit counsel in the defendant’s attorney box. Service becomes ambiguous and may be invalid.
Do’s and Don’ts
- Do confirm the form revision date is 6/25 before filing because old versions are rejected.
- Do match plaintiff and defendant names to government IDs and LARA records to avoid collection problems later.
- Do attach MC 01a for any complaint longer than the on-form box allows so you do not cram facts.
- Do calendar the 91-day service deadline immediately so you never lose a summons.
- Do keep two file-stamped copies because the court will not reissue free duplicates.
- Do verify the venue statute (MCL 600.1621 for contract, 600.1629 for tort) so the court has jurisdiction.
- Don’t write in the case number box because clerks treat that as falsifying a court document.
- Don’t check both civil-action-statement boxes because that is internally inconsistent.
- Don’t demand a jury for purely equitable claims because the court will strike the demand.
- Don’t rely on substituted service without a court order under MCR 2.105(I).
- Don’t assume the clerk will fix small errors because most clerks reject defective forms.
- Don’t forget the case-type code because it controls which judge gets the file.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se | Filing with an Attorney |
|---|---|
| Saves $2,000–$10,000 in retainer fees | Spends retainer but gains procedural expertise |
| You control case strategy | Lawyer handles strategy and motion practice |
| Direct learning of the Michigan court system | Lawyer absorbs the learning curve for you |
| No conflict-of-interest concerns | Conflict checks may delay onboarding |
| Faster initial filing for simple claims | Slower start because of intake meetings |
| High risk of pleading errors that draw MCR 2.116 motions | Lower error risk and stronger pleadings |
| You handle service and proof-of-service yourself | Lawyer’s office coordinates process server |
| You bear all sanctions for frivolous claims | Lawyer shares sanction risk under MCR 1.109(E) |
FAQs
Do I write my maiden name or married name in the plaintiff name box?
Yes, write the name on your current government-issued ID. Add an also known as line if you also use a maiden name in business so the judgment captures both.
Do I need to attach MC 01a if my complaint is short?
No, if your facts and counts fit in the complaint box on the form itself, you do not need MC 01a. Most filers still attach it for clarity.
Can I file MC 01 in any Michigan county I want?
No, venue is controlled by MCL 600.1621 and similar statutes. Filing in the wrong county invites a transfer motion.
Do I check Box 2 of the civil action statement if a prior arbitration ended my claim?
Yes, “resolved” includes arbitration awards, settlements, and dismissals. List the prior case number, judge, and court in the lines provided.
Do I have to pay the jury fee at filing?
Yes, the $25 jury demand fee must be paid when you file or you waive jury under MCR 2.508(D). Late demands rarely succeed.
Can I leave the case number box blank?
Yes, you must leave it blank because only the clerk assigns numbers under MCR 8.119. Writing a guess is grounds for rejection.
Do I need a lawyer to file MC 01 for an LLC?
Yes, Michigan requires a licensed attorney to represent any corporation or LLC in court. A member-manager cannot sign MC 01 for the entity.
Can I e-file MC 01 in every county?
No, MiFILE is mandatory in many counties but not all. Check your county’s local administrative order before filing.
Do I serve the defendant before filing?
No, you file first and the clerk issues the summons. Service comes after filing, within 91 days under MCR 2.102(D).
Do I get my filing fee back if my case is dismissed?
No, filing fees are non-refundable under Michigan court fee schedules. Jury fees may be refunded if jury is later waived early enough.
Can I sue an out-of-state defendant on MC 01?
Yes, but you must establish long-arm jurisdiction under MCL 600.715 and use the 182-day summons. Service must comply with that state’s rules too.
Do I need to write a case-type code on MC 01?
Yes, Michigan clerks require an SCAO case-type code so the case routes to the correct docket. Missing codes cause intake delays.
Can I amend my MC 01 after filing?
Yes, you can amend once as of right within 14 days under MCR 2.118(A)(1). After that, you need leave of court or the defendant’s consent.
Related reading
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