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How to File a Motion and Affidavit to Set Aside a Default or Default Judgment Step 1: Prepare your forms and find out how you will file. ... Step 2: Sign your Motion and have it notarized. ... Step 3: Make copies. ... Step 4: File your Motion and pay the filing fee. ... Step 5: Serve your Motion. ... Step 6: Prepare for your hearing.
A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603.
If the defendant does not deliver a defence within the allotted period, the plaintiff may issue a motion for judgment in default of defence. However, if the court considers it in the interests of justice, time for delivery of the statement of claim may be extended for a period deemed necessary.
For example, let's say Annie files a lawsuit against Bridget. Bridget appears in court to argue her side of the case, but Annie forgets to go to court. The judge enters a default judgment against Annie and dismisses the lawsuit because Annie did not show up in court.
Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.