Michigan public records law: how to make a request

Freedom of Information Act, Act 442 of 1976, MCL 15.231 et seq. Rules below are quoted or closely paraphrased from the linked official pages, and each shows the date it was last checked (2026-10-17). Jurisdiction code: MI.

Build a request letter Official source

Statute and who may ask

• Upon a written request that describes a public record sufficiently to enable the public body to find it, a person has a right to inspect, copy, or receive copies of the record, except as the exemptions in section 13 provide. A "person" includes an individual, corporation, organization or governmental entity, but not a person serving a sentence of imprisonment in a state, county or federal correctional facility. (MCL 15.233(1); MCL 15.232(g))

  Source: MCL 15.233 (Freedom of Information Act section 3, Michigan Legislature) · last verified 2026-10-17

• A "public body" includes state executive and legislative-branch agencies (but not the governor, lieutenant governor or their offices), local governing bodies, school districts and other bodies created by or primarily funded through state or local authority; the judiciary is not included. A "public record" is a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, and does not include computer software. (MCL 15.232(h)-(i))

  Source: MCL 15.232 (Freedom of Information Act, Act 442 of 1976, section 2, Michigan Legislature) · last verified 2026-10-17

• Requests go in writing to the public body's FOIA coordinator. A request from a person other than an indigent individual must include the requester's complete name, address and contact information (a valid telephone number or email address); an employee who receives a request must promptly forward it to the coordinator. (MCL 15.233(1), 15.235(1))

  Source: MCL 15.233 (Freedom of Information Act section 3, Michigan Legislature) · last verified 2026-10-17

• A request sent by fax, email or other electronic transmission is not received until 1 business day after it is sent; an email delivered to a spam or junk folder is not received until 1 day after the public body first becomes aware of it. (MCL 15.235(1))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• The Act does not require a public body to make a compilation, summary or report of information or to create a new public record, except as the Act provides. (MCL 15.233(4)-(5))

  Source: MCL 15.233 (Freedom of Information Act section 3, Michigan Legislature) · last verified 2026-10-17

Response deadline

• Unless the requester agrees otherwise in writing, a public body must respond within 5 business days after it receives the request by (a) granting the request, (b) issuing a written notice denying it, (c) granting in part and denying in part in a written notice, or (d) issuing a notice extending the response period by not more than 10 business days. A public body may not issue more than one extension notice for a request. (MCL 15.235(2))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• An extension notice must give the reasons for the extension and the date by which the body will grant or deny the request. (MCL 15.235(7))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• A failure to respond in time is the public body's final determination to deny the request if the failure was willful and intentional, or if the written request included language conveying a request for information within the first 250 words of the body, or used the words "freedom of information", "information", "FOIA" or "copy" (or a recognizable misspelling or legal code reference) on the envelope front or in the email subject line or fax cover page. (MCL 15.235(3))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• If a body does not respond in time, it must cut its permitted labor charges by 5% for each day it exceeds the deadline, up to a 50% reduction, if the late response was willful and intentional or the request included the language described above. (MCL 15.234(9))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• You may stipulate that the response be sent by email, fax or first-class mail (unless the body lacks the technology for email). A law enforcement records management system operator that stores records for a subscribing body must, within 10 business days, tell you which body to ask. (MCL 15.235(9)-(10))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• The statute text read does not define "business day"; this site did not find a definition on the pages read.

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

Fee rules

• A public body may charge fees only if it has established, publicly posted and follows written procedures and guidelines, with a written public summary, and uses a standard itemization form. A body that has not done so may not require deposits or charge fees. Fees are limited to actual mailing costs and the actual incremental cost of duplication or publication, within six components. (MCL 15.234(1), (4))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• Paper copies: the actual total incremental cost of duplication, not including labor, not more than 10 cents per sheet for 8-1/2 by 11 or 8-1/2 by 14 inch paper, using the most economical means (such as double-sided printing). Non-paper media: the actual and most reasonably economical cost of the media; a requester may stipulate that records be emailed instead. Mailing: actual cost of the least expensive reasonable method. (MCL 15.234(1)(c)-(d), (f))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• Labor for searching, locating, examining, separating and deleting exempt information, and duplication may be charged at no more than the hourly wage of the body's lowest-paid employee capable of the work, in increments of 15 minutes or more for search and review (partial increments rounded down), plus up to 50% for fringe benefits if noted on the itemization. Overtime may not be charged unless you stipulate it. (MCL 15.234(1)(a)-(b), (e), (2))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• The fee for search, examination, review and separation of exempt material shall not be charged unless failing to charge would result in unreasonably high costs to the public body because of the nature of the request, and the body must specifically identify those costs. (MCL 15.234(3))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• Fee waiver or reduction: a search or copies may be furnished free or at a reduced charge if the body determines a waiver is in the public interest because it primarily benefits the general public. An indigent individual who submits an affidavit gets the first $20.00 of the fee waived (with limits, for example no discount if the individual already received discounted copies from the same body twice that calendar year). (MCL 15.234(2))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• A body may require a good-faith deposit of up to one-half the total estimated fee only if the whole estimate exceeds $50.00; the notice must include an itemization and a best-efforts, nonbinding time estimate. If the deposit is not received within 45 days of receiving the notice (notice is considered received 3 days after it is sent), and you have not appealed the deposit, the request is considered abandoned. (MCL 15.234(8), (14))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• Information already on the body's website is exempt from the search, review and labor charges in subsection (1)(b), and the body must tell you the web address if it knows the information is posted. (MCL 15.234(5))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

Appeal path and remedies

• If a public body makes a final determination to deny all or part of a request, the requester may, at their option, (a) submit a written appeal to the head of the public body that specifically states the word "appeal" and identifies the reason or reasons for reversal, or (b) sue in circuit court (or the Court of Claims for a state public body) within 180 days after the final determination. (MCL 15.240(1))

  Source: MCL 15.240 (Freedom of Information Act section 10, Michigan Legislature) · last verified 2026-10-17

• The head of the public body must, within 10 business days of receiving a written appeal, reverse the denial, uphold it in writing, reverse it in part, or (under unusual circumstances) issue one notice extending the time by up to 10 business days. A board or commission is not treated as having received the appeal until its first regularly scheduled meeting after submission. If the head does not respond, or upholds the denial, the requester may sue. (MCL 15.240(2)-(3))

  Source: MCL 15.240 (Freedom of Information Act section 10, Michigan Legislature) · last verified 2026-10-17

• In court, the matter is decided de novo and the burden is on the public body to sustain its denial. If you prevail, the court shall award reasonable attorneys' fees, costs and disbursements (or a portion if you prevail in part). If the court finds the body arbitrarily and capriciously violated the Act by refusal or delay, it shall order a $1,000 civil fine and award $1,000 in punitive damages to you, in addition to actual damages. (MCL 15.240(4), (6)-(7))

  Source: MCL 15.240 (Freedom of Information Act section 10, Michigan Legislature) · last verified 2026-10-17

• Fee disputes: if a fee exceeds what the body's guidelines or section 4 permit, you may appeal to the head of the body (if its procedures provide for fee appeals) or sue for a fee reduction within 45 days of receiving the fee notice or the appeal determination; the head must decide a fee appeal within 10 business days, with one extension of up to 10 business days. (MCL 15.240a)

  Source: MCL 15.240a (Freedom of Information Act section 10a, Michigan Legislature) · last verified 2026-10-17

• A denial notice must explain the exemption or certify that the record does not exist, describe any redaction, explain your right to appeal to the head of the body and to seek judicial review, and give notice of the right to attorneys' fees and damages; it must be signed by the individual designated as responsible for the denial. (MCL 15.235(5)-(6))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• The pages read did not show a state-level agency that hears FOIA appeals; the statute's path is the internal appeal to the head of the public body and then court.

  Source: MCL 15.240 (Freedom of Information Act section 10, Michigan Legislature) · last verified 2026-10-17

Request-letter wording notes

• Write to the FOIA coordinator of the specific public body. Include your complete name, a mailing address written to Postal Service standards, and a telephone number or email address; describe the records sufficiently for the body to find them. (MCL 15.233(1))

  Source: MCL 15.233 (Freedom of Information Act section 3, Michigan Legislature) · last verified 2026-10-17

• Put "FOIA" or "freedom of information" in the email subject line or on the front of the envelope, and make the request for information within the first 250 words of the letter; the Act ties some of its late-response consequences to this language. (MCL 15.235(3), 15.234(9))

  Source: MCL 15.235 (Freedom of Information Act section 5, Michigan Legislature) · last verified 2026-10-17

• State the format and delivery you want (for example email), and ask for the body's fee procedures and guidelines and a detailed itemization if any fee is estimated. (MCL 15.234(1), (4), 15.235(10))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• If you want a fee reduction, say why disclosure primarily benefits the general public; an indigent individual may submit an affidavit for the $20.00 waiver. (MCL 15.234(2))

  Source: MCL 15.234 (Freedom of Information Act section 4, Michigan Legislature) · last verified 2026-10-17

• To appeal, write to the head of the public body, use the word "appeal" and give the reasons you think the denial should be reversed; the court deadline is 180 days after the final determination. (MCL 15.240(1))

  Source: MCL 15.240 (Freedom of Information Act section 10, Michigan Legislature) · last verified 2026-10-17

Not yet researched or not verified

• The exemptions in MCL 15.243 (section 13) and the rules for separating exempt material (section 14), not read
• Sections 15.231 (short title), 15.236 to 15.239, 15.241 to 15.246 (including section 11 on computer records), not read
• The Michigan Attorney General's or Department of Technology, Management and Budget's FOIA guidance, not read
• The definition of "business day" and how holidays are counted
• Local bodies' own published procedures and guidelines, which vary and set their own fee forms

This is legal information from public sources, not legal advice. Laws and agency practices change; read the linked official source and consult a lawyer about your situation. Local agencies may have their own forms and contacts.