Michigan Supreme Court

Progress Michigan v. Attorney General

July 27, 2020

Summary

The Court held that Progress Michigan's timely filed but initially unverified FOIA complaint commenced the action and tolled the applicable limitations period. The verification defect was curable through an amended complaint filed as of right, and the amendment superseded the original pleading without requiring a relation-back analysis. The Court therefore rejected the Court of Appeals' conclusion that the original complaint was a nullity and reversed and remanded.