Rule 4.306 Removal to Trial Court

(A) Demand. A party may demand that the action be removed from the small claims division to the trial court for further proceedings by

(1) signing a written demand for removal and filing it with the clerk at or before the time set for hearing; or

(2) appearing before the court at the time and place set for hearing and demanding removal.

(B) Order; Fee. On receiving a demand for removal, the court shall, by a written order filed in the action, direct removal to the trial court for further proceedings.

(1) The order must direct a defendant to file a written answer and serve it as provided in MCR 2.107 within 14 days after the date of the order.

(2) A copy of the order must be mailed to each party by the clerk.

(3) There is no fee for the removal, order, or mailing.

(C) Motion for More Definite Statement. After removal, the affidavit is deemed to be a sufficient statement of the plaintiff's claim unless a defendant, within the time permitted for answer, files a motion for a more definite statement.

(1) The motion must state the information sought and must be supported by an affidavit that the defendant

(a) does not have the information and cannot secure it with the exercise of reasonable diligence, and

(b) is unable to answer the plaintiff's claim without it.

(2) The court may decide the motion without a hearing on just and reasonable terms or may direct that a hearing be held after notice to both parties at a time set by the court.

(3) If the plaintiff fails to file a more definite statement after having been ordered to do so, the clerk shall dismiss the claim for want of prosecution.

(D) Default. On removal, if the defendant fails to file an answer or motion within the time permitted, the clerk shall enter the default of the defendant. MCR 2.603 governs further proceedings.

(E) Procedure After Removal. Except as provided in this rule, further proceedings in actions removed to the trial court are governed by the rules applicable to other civil actions.