Getting Public Records
MCL 15.235 — five business days, and what a denial has to say
Michigan's freedom of information act states it as public policy that all persons, except people incarcerated in state or local correctional facilities, are entitled to full and complete information about the affairs of government. A written request to a public body's FOIA coordinator that describes a record well enough to find it gives a right to inspect, copy or receive copies. Except from an individual who qualifies as indigent, the request includes the requester's full name, address, and a phone number or email address.
5 business days to answer, with 1 extension of up to 10. Unless the requester agrees otherwise in writing, the public body has to respond within 5 business days after it receives the request, by granting it, denying it in writing, granting part and denying part, or issuing 1 notice extending the time by not more than 10 business days. A request sent by email or fax is not received until 1 business day after it is sent.
A written denial has to contain:
- The basis for treating the record as exempt, if that is the reason.
- A certificate that the record does not exist under the name given or another name reasonably known, if that is the reason.
- A description of anything separated or deleted.
- A full explanation of the right to appeal to the head of the public body, or to go to court.
- Notice of the right to attorneys' fees and damages if a court orders disclosure.
A public body may charge fees only under procedures it has published, and copies on standard letter or legal paper may not cost more than 10 cents a sheet. The first $20 of the fee is waived for an individual who submits an affidavit of indigency. A deposit of up to half the estimate may be required when the whole fee is over $50.
| After a denial | The time the act sets |
|---|---|
| After a denialA written appeal to the head of the public body, stating the word appeal | The time the act setsAn answer within 10 business days, extendable once by up to 10 in unusual circumstances |
| After a denialA lawsuit in circuit court, or the court of claims for a state body | The time the act setsWithin 180 days after the final denial |
In court the public body carries the burden of justifying the denial. A requester who wins is awarded reasonable attorneys' fees and costs, and where the court finds an arbitrary and capricious refusal or delay, the body pays a $1,000 civil fine to the state and $1,000 in punitive damages to the requester.
The exemptions are in section 13 of the act, which is not covered on this page.
Sources for this section (5)
- MCL 15.233 — The right to inspect and receive public records
- MCL 15.235 — Responding to a public records request, and denials
- MCL 15.240 — Appealing a denial, and actions in court
- MCL 15.231 — Freedom of information act; public policy
- MCL 15.234 — Fees for public records
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.