Relief from Judgement , Michigan Divorce

Relief from judgments.

Rehearing or new trial. §1.64. May be ordered on a party’s motion filed within 21 days of entry of the judgment or on the court’s initiative during the same period (the order on the court’s initiative must specify the grounds).

Posted here by Flint Divorce Attorney Terry R. Bankert http://www.attorneybankert.com. Flint Divorce Lawyer Terry R. Bankert can be reached at 810-235-1970.Primary sourceMichigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01 (last updated 01/20/2012). Additional articles on Bankruptcy and Divorce. http://occupyflintlegal.wordpress.com/




The motion will be granted if a party’s substantial rights are materially affected by

irregularity in the proceedings

the prevailing party’s fraud or misconduct

decision against the great weight of the evidence

newly discovered material evidence that could not with reasonable diligence have been
discovered and produced at trial

the court’s error of law or mistake of fact

void judgment

any other reason justifying relief from the judgment

On a motion for a new trial, the court may

set aside the judgment

take additional testimony

amend findings of fact and conclusions of law

make new findings or conclusions and enter a new judgment

Amendment or correction. §1.65.

At any time, the court may amend the judgment to correct clerical or inadvertent errors; no change in circumstances is required.

A motion to amend on other grounds must be brought within 21 days after entry of the judgment.

Setting aside judgments. §§1.67–1.72. The parties’ stipulations to set aside—generally valid.

The defendant over whom jurisdiction was acquired but who did not know of the divorce judgment must file a motion for relief within one year after entry of the judgment. He or she must show adequate reason for relief and that innocent third parties will not be prejudiced.

Otherwise, on a motion brought within one year, a judgment may be set aside
for mistake, inadvertence, surprise, or excusable neglect for newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial
for fraud (intrinsic or extrinsic), misrepresentation, or other misconduct
for void judgment because the judgment has been satisfied, released, or discharged; a prior judgment on which it is based has been reversed or otherwise vacated; or it is no longer equitable that the judgment should have prospective application
for any other reason justifying relief

See §§1.68–1.71 for further explanation of these grounds.
A motion to set aside a default judgment (except those based on lack of jurisdiction over the defendant) may be granted only if good cause is shown and an affidavit of meritorious defense is filed.

Good cause requires a showing that
there was substantial defect or irregularity in proceedings
a reasonable excuse exists for the defendant’s failure to plead
allowing the default to stand would cause manifest injustice
The court may also set aside a default judgment under MCR 2.612, Relief from Judgment or Order.

Cass County

Cass
http://casscountymi.org/
120 N BroadwayCassopolis, MI 49031(269) 445-8621
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Terry R. Bankert

http://attorneybankert.com/