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Michigan Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Michigan Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal procedure that allows for the modification or correction of a court judgment to include a new party as a defendant, who is considered to be a real party in interest. This motion is typically filed when new evidence or circumstances arise after the original judgment has been entered, warranting the involvement of an additional defendant. There are various types of Michigan Motion to Amend or Correct Judgment to Include Additional Party Defendant as a Real Party in Interest, depending on the specific context of the case. Here are a few examples: 1. Michigan Motion to Amend or Correct Judgment in Personal Injury Lawsuit: In personal injury cases, if it is discovered that another individual or entity played a significant role in causing the plaintiff's injuries, the plaintiff may file this motion to add that party as a defendant. This could be applicable in car accident cases, where negligent drivers or vehicle manufacturers may be added as additional defendants. 2. Michigan Motion to Amend or Correct Judgment in Medical Malpractice Lawsuit: In medical malpractice cases, if it is found that a healthcare professional's negligence caused harm to the plaintiff, the plaintiff may seek to include other parties, such as hospitals or pharmaceutical companies, as defendants by filing this motion. The additional party must be proven to have a real interest and connection to the case. 3. Michigan Motion to Amend or Correct Judgment in Contract Disputes: When disputes arise involving contractual obligations, if it becomes evident that another party besides the original defendant should be held responsible for breaching the contract or causing damages, the plaintiff can file this type of motion. The court may consider including the new party as a defendant and allow the plaintiff to seek remedies against them. 4. Michigan Motion to Amend or Correct Judgment in Business Litigation: In complex business litigation cases, where multiple parties may be involved, new evidence or developments may arise during the trial or after the judgment. This motion can be used to add a relevant party who has an interest in the outcome of the case as a defendant. 5. Michigan Motion to Amend or Correct Judgment in Family Law Cases: In family law disputes, such as divorce or child custody cases, if a new party becomes relevant to the proceedings, this motion can be filed to ensure they are added as a defendant for effective resolution. Examples could include grandparents seeking custody rights or individuals claiming paternity. It is crucial to consult with a legal professional familiar with Michigan law and the specific circumstances of your case when filing a Motion to Amend or Correct Judgment to Include Additional Party Defendant as a Real Party in Interest. The appropriate type of motion to file will depend on the nature of the case, and the specific rules and procedures of the Michigan court system.

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FAQ

Included under MCR 2.116(C)(7) are motions based on the ground that the claim is barred because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or litigate in a different forum, infancy or other disability of the moving party, or ...

Time for Filing and Serving Response Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice. See MCR 2.108(A)(1).

A ?motion to dismiss? is typically filed in response to a complaint and is made in lieu of filing an ?answer.? Technically, a plaintiff can move to ?strike? a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon.

(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.

An action must be prosecuted in the name of the real party in interest, subject to the following provisions: (1) A personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a person authorized by statute may ...

Rule 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.

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In any motion under this rule, the moving party must include all grounds for disqualification that are known at the time the motion is filed. An affidavit ... A party may file a motion for damages or other disciplinary action under MCR ... To have a motion heard, a party must file with the clerk: (1) 1 signed copy ...After the complaint and answer have been filed, either party may file a motion asking for orders ... You must file a motion with the court to correct the order . If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made ... A typical case is as follows: A party supports his motion for summary judgment by affidavits or other evidentiary matters sufficient to show that there is no  ... Dec 1, 2016 — An action must be prosecuted in the name of the real party in interest. ... Any motion for a new trial under Rule 59 by a party against whom ... “The court is satisfied that because the bankruptcy trustee was the real party in interest prior to the filing of the Complaint, this is a motion to add a party ... MERS did not have standing as a real party in interest under the Rules to file the motion. The declaration also failed to assert that MERS, FMC Capital. LLC or ... An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... Pleading may be filed after expiration of time fixed, but prior to hearing on motion for default judgment or nonsuit. Judgment or penalty for failure to plead.

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Michigan Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest