Michigan Sample Letter for Setting of Trial Date
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FAQ
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
If you do not appear in court on the specified date, you will forfeit your bail and the court will issue a warrant for your arrest. In less serious cases, you will be released on your own recognizance, meaning that you have agreed to return but have not posted bail.
With the consent of the other party, either party can request the rescheduling of a motion hearing. If consent from the other party is not obtained, a motion hearing will not be rescheduled.
Either side can ask for a new court date The judge will only give a new court date if there's a good reason. For example, if the plaintiff needs more time to serve the other side. Or, if the defendant needs more time to gather evidence.
(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.
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.
The court may order a change of venue of a civil action, or of an appeal from an order or decision of a state board, commission, or agency authorized to promulgate rules or regulations, for the convenience of parties and witnesses or when an impartial trial cannot be had where the action is pending.
Under MCR 2.116(C)(7), 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 to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim ...
