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Challenging a Notice of Intent? File Motion with First Responsive Pleadings

Malpractice / Professional Liability / March 21, 2018

Sanders v McLaren-Macomb and Mt. Clemens Regional Medical Center, et al serves to emphasize the 2010 amendment to the court rules which requires that all challenges to a notice of intent to sue must be made by motion, filed pursuant to MCR 2.119, at the time the defendant files its first response to the complaint, whether by answer or motion. This case serves to further emphasize the importance of recognizing that the clock starts ticking on a malpractice claim at the filing of the notice of intent, not the filing of the complaint.

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