Motion for Entry of Default Judgment
(MI)

Summary

This template is a plaintiff's motion for entry of a default judgment against a defendant in a Michigan civil action. This template includes practical guidance, drafting notes, and an optional clause. A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603. A plaintiff should use this template to move for entry of a default judgment after the clerk has entered a default against the defendant and when the plaintiff's claim is not for a sum certain or does not otherwise satisfy the requirements of MCR 2.603(B)(2), which allows the clerk to enter a default judgment instead of the court. MCR 2.603(B)(3). When moving for default judgment, the plaintiff must give notice to the defendant if any of the following circumstances exist: • The defendant has appeared in the action. • The request for entry of a default judgment seeks relief different in kind from, or greater in amount than, that stated in the pleadings. • The pleadings do not state a specific amount demanded. MCR 2.603(B)(1)(a). You must serve the notice at least seven days before entry of the requested default judgment, or if there will be a hearing on the request, at least seven days before the hearing. MCR 2.603(B)(1)(b); Dollar Rent-A-Car Sys. v. Nodel Constr. Co., 172 Mich. App. 738, 741–44, 432 N.W. 2d 423 (1988) (per curiam). The motion should: • Provide the date that the default was entered by the court clerk • Set forth that defendant: ○ Is not a minor or incompetent person ○ Is not in the military ○ Was served with notice that a default judgment would be entered on a specific date ○ Took no action to set aside the default See MCR 2.603(B), (C); 50 U.S.C. § 3931(b)(2). The motion is not required to provide an amount of damages, which is left to the court to determine. Note, however, that the plaintiff can request damages in the motion if the claim against the defendant is for a sum certain or for a sum which by computation can be made certain. See MCR 2.603(B)(2), (3). For more details on motions for default and default judgment and relief from default judgments, see Default: Seeking or Setting Aside Default Judgment (MI). For a checklist covering how to prepare the official form used to request a default and/or a default and default judgment entered by the court clerk, see Default Request, Affidavit, and Entry: Preparing the Official Form Checklist (MI). The motion should be accompanied by an affidavit, brief, and notice of hearing. For a detailed discussion on motion practice in Michigan generally, see Motion Practice Fundamentals (MI). For general formatting, filing, and service requirements, see Formatting Rules in Court Checklist (MI) and Filing and Serving Documents Other Than Initial Complaint and Summons (MI).