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Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a)

State:
Michigan
Control #:
MI-MC-99A
Format:
PDF
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Description

Order Regarding Motion to Set Aside Default (formerly DC 99a)

Michigan Orders Regarding Motion to Set Aside Default (formerly DC 99a) is a form used in the state of Michigan which is used in civil cases where a party has defaulted on a case. The form is used when a party has requested a motion to set aside the default. The form is divided into two parts. The first part is the Order set aside the default and includes the reasons for granting the motion and any other relevant information. The second part is the supporting documentation, which includes evidence, affidavits, and other documents in support of the motion. There are two types of Michigan Orders Regarding Motion to Set Aside Default (formerly DC 99a): a Court Order and an Administrative Order. A Court Order is issued by the court and is binding, while an Administrative Order is issued by an administrative agency and is not binding.

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FAQ

When you file a motion to set aside a default judgment, you will need compelling evidence that supports your reason for missing the deadline. This may include documents demonstrating unforeseen circumstances, such as medical emergencies or improper notice of the court date. It is essential to show the court that you have a valid defense against the original claim. Consider utilizing resources from US Legal Forms to ensure you gather the appropriate evidence and complete the Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a) accurately.

To set aside a default judgment in Michigan, you must file a motion regarding the Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a). This initiation allows you to present your case, explaining why you did not respond to the initial complaint. It is crucial to file this motion promptly, typically within a specific time frame set by the court. Using platforms like US Legal Forms can help streamline this process by providing the necessary templates and guidance.

To make an application to set aside a default judgment, you should complete the necessary documentation, particularly the Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a). After preparing the application, file it with the court that issued the judgment and ensure you serve copies to the opposing party. Providing a well-reasoned application enhances your chances of success, as you highlight relevant circumstances and justifications.

A good reason to set aside a default judgment is any evidence that you were not properly notified of the original court action. Other valid reasons can include mistakes, excusable neglect, or new evidence that could significantly affect the case outcome. The Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a) enables you to formally present these reasons to the court for consideration.

Filling out a request for entry of default involves completing the appropriate form, typically known as the Request to Enter Default. Ensure you include information such as the case title, the parties involved, and the reason for the default. Accurate completion increases the likelihood of favorable outcomes, particularly when seeking relief through the Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a).

To file a motion to set aside judgment in Michigan, start by completing the Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a) form. Ensure you provide the necessary details about your case, including reasons for the request. After filling out the form, submit it to the court where the initial judgment was made. Remember to serve copies to all involved parties.

After the court enters a default or a default judgment against you, you can't take any action in a case until you have it set aside. You can ask the court to set aside your default or default judgment by filing a Motion and Affidavit to Set Aside Default.

(1) A motion to set aside a default or a default judgment, except when grounded on lack of jurisdiction over the defendant, shall be granted only if good cause is shown and statement of facts showing a meritorious defense, verified in the manner prescribed by MCR 1.109(D)(3), is filed.

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

A motion may seek relief from one judgment only. If the defendant desires to challenge the validity of additional judgments, the defendant must do so by separate motions. For the purpose of this rule, multiple convictions resulting from a single trial or plea proceeding shall be treated as a single judgment.

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Michigan Order Regarding Motion to Set Aside Default (formerly DC 99a)