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Original Court 1st Copy Moving party Copies All other partiesApproved, PROSTATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT CASE NO.EX PARTE MOTION AND ORDER TO RENEW CIVIL JUDGMENTCourt addressCourt.
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Mailing FAQ
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An ex parte order is a court order issued before the other party gets notice or an opportunity to respond. It is an order a judge signs without having a hearing first. Ex parte orders are for emergency situations only.
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(a) Default by defendants:- Order IX, Rule 6, provides that, if on the day fixed in the summons for the defendant to appear, and answer, the plaintiff appears and the defendant does not appear, and it is proved that the summons was duly served in sufficient time to enable the defendant to appear and answer on the day ...
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Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.
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You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case. If you were not personally served with the summons and complaint and did not learn about the case until after the default judgment was entered, the 21-day limit does not apply.
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You can renew a judgment before it expires by filing a motion to renew a judgment. You can use the Ex Parte Motion and Order to Renew Civil Judgment form from the Michigan One Court of Justice website. File the motion in the court that issued the judgment. The judge may have a hearing on the motion.
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Ex Parte Defined It literally means “for one party”. In the legal arena, it means that one party (usually the wife) appears or has appeared before a judge without the other side present. In short, one side gets to share their side of a story with a judge, but the other side doesn't get to share their story.
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In law, ex parte (/ɛks ˈpɑːrteɪ, -iː/) is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
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Ex parte means without the other party being there (and without them knowing about it).
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