Civil Motion Guide

    Michigan Motion to Set Aside a Default Judgment

    A default judgment freezes your case — but Michigan Court Rule 2.603 lets you ask the court to set it aside if you act quickly and show good cause.

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    The Two-Part Test

    MCR 2.603(D)(1) requires (1) good cause for the default and (2) an affidavit of facts showing a meritorious defense. Both must be included or the motion is denied.

    Deadline

    File within 21 days after the default was entered if only a default (no judgment yet). After a default judgment, you have limited time — usually before the 21-day appeal window closes, or within one year for narrow grounds under MCR 2.612.

    What to File

    Motion to Set Aside Default, affidavit of meritorious defense, notice of hearing, and proposed order. Attach any supporting evidence.

    • Motion (with good-cause statement)
    • Affidavit of meritorious defense (signed under oath)
    • Notice of Hearing
    • Proposed Order
    • Proof of Service

    What Counts as Good Cause

    Michigan courts have accepted procedural defects (bad service), reasonable excuse for missing the deadline, and manifest injustice. Simply forgetting is usually not enough.

    Frequently Asked Questions

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