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MC 36

Motion for Possession Pending Judgment, Claim and Delivery

Michigan · Michigan State Court Administrative Office · Effective March 1, 2023

This form is a request to the court asking for permission to take control of property before a final judgment is made. It asks the court to order that the property not be damaged or changed until a hearing is held.

The court describes it as: Court rule / statute: MCL 600.2920, MCR 3.105

Open the official PDFfrom Michigan State Court Administrative Office

Where this fits in a case

Motions

Stage: Motions

This form is used when a person believes the property they are entitled to keep might be damaged, hidden, or used in a way that lowers its value before the court makes a final decision.

Usually filed by the person starting the case.

Common questions

What does this form ask the court for?
The plaintiff asks the court for permission to take possession of described property before the final judgment is reached.
What happens if I don't show up for the hearing?
The form states that if the defendant does not appear at the hearing, the property may be taken from them.
Who needs to serve this form?
The person filing the motion must serve the motion, restraining order, and order to appear no later than 7 days before the hearing date.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect March 1, 2023.

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