How do I set aside a default judgment in Michigan?

1. Governing Rule. MCR 2.603 governs entry and setting aside of defaults and default judgments; MCR 2.612(C) is the Michigan analog to Fed. R. Civ. P. 60(b).

2. Grounds. MCR 2.603(D)(1): good cause and a meritorious defense filed by affidavit. MCR 2.612(C): (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence; (c) fraud; (d) void judgment; (e) satisfaction or release; (f) any other reason justifying relief.

3. Deadline. MCR 2.603(D)(2): a motion to set aside a default judgment must be filed within 21 days after entry of the default judgment, unless within additional time allowed by court rule. MCR 2.612(C)(2): reasonable time, and within one year for grounds (a)-(c). Void judgments: any time.

4. Mandatory vs Discretionary. Discretionary, but courts apply a liberal standard once both good cause and meritorious defense are shown (Shawl v. Spence Bros., 280 Mich. App. 213, listing the factors).

5. Required Showing. Verified motion + affidavit of facts demonstrating both good cause (procedural irregularity, reasonable excuse, etc.) and a meritorious defense (specific defense, not conclusions).

6. Filing Procedure. Motion + verified statement of facts + proposed answer; serve all parties; notice for hearing.

7. Bond / Conditions. MCR 2.603(D)(4) allows the court to condition relief on payment of costs and attorney fees attributable to the default.

8. Appeal of Denial. Denial is appealable by application for leave to appeal under MCR 7.203(B).

9. Collateral Attack. Judgments entered without personal jurisdiction may be attacked collaterally.

This is legal information, not legal advice.