Matter relating merely to the conduct of a pending proceeding or to the designation of the issues involved, which affects only the rights or convenience of the parties and does not involve any interference with the duties and functions of the court, may be the subject of a stipulation.
Title: Understanding Michigan Stipulation for Setting Aside Default Judgment and Permitting Answer Introduction: In the legal realm, a default judgment refers to a ruling in favor of one party in a lawsuit due to the other party's failure to take action or provide a response within the specified time frame. However, in Michigan, there exists a provision known as a stipulation for setting aside default judgment and permitting answer. This article aims to provide a comprehensive description of this particular legal mechanism and discuss any associated variations and considerations. 1. Michigan Stipulation for Setting Aside Default Judgment: The Michigan Stipulation for Setting Aside Default Judgment is a legal provision that allows the defendant to request the court to set aside a default judgment previously entered against them. By filing the stipulation, the defendant seeks to have the judgment reconsidered while concurrently requesting permission to file an answer to the original lawsuit. 2. Grounds for Setting Aside Default Judgment: Under Michigan law, a stipulation for setting aside default judgment is typically granted if the defendant can establish one or more of the following grounds: a. Excusable Neglect: The defendant must demonstrate that their failure to respond to the lawsuit within the specified time frame was due to a legitimate reason, such as illness, absence, or other unavoidable circumstances. b. Mistaken Identity: The defendant can argue that the default judgment was issued against them in error, as they were not the correct party involved in the lawsuit. c. Lack of Proper Service: If the defendant can prove that they did not receive proper notice of the lawsuit, such as being served with the summons and complaint, they may be able to set aside the default judgment. 3. Procedure for Filing a Stipulation: To initiate the process of setting aside a default judgment in Michigan, the defendant is required to follow a specific procedure, including: a. Drafting and Filing the Stipulation: The defendant, through their attorney, drafts a stipulation requesting the court to set aside the default judgment and permit the filing of an answer. This stipulation must include detailed explanations and supporting evidence to justify the request. b. Serving the Stipulation: The stipulation must be served upon the opposing party or their attorney as per the applicable court rules and procedural requirements. c. Judicial Review: After receiving the stipulation, the court will review the document and consider the defendant's grounds for setting aside the default judgment. The court may set a hearing date to allow both parties to present their arguments. 4. Types of Michigan Stipulation for Setting Aside Default Judgment: While the core concept remains the same, Michigan stipulation for setting aside default judgment can have specific variations to address different circumstances, including: a. Stipulation for Setting Aside Default Judgment — Excusable Neglect b. Stipulation for Setting Aside Default Judgment — Mistaken Identity c. Stipulation for Setting Aside Default Judgment — Lack of Proper Service Conclusion: Michigan stipulation for setting aside default judgment and permitting answer provides defendants an opportunity to rectify a default judgment entered against them by demonstrating valid grounds for reconsideration. By complying with the prescribed legal procedures, defendants can pursue fairness and present their defense in the original lawsuit. It is essential to consult with a knowledgeable attorney to navigate this process effectively and safeguard one's rights in the Michigan legal system.
