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Amendment of Rules 3.204, 2006-10

Supreme Court of Michigan
May 28, 2008
ADM File No. 2006-10 (Mich. May. 28, 2008)

Opinion

ADM File No. 2006-10.

May 28, 2008.


On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 2.603 of the Michigan Court Rules is adopted, effective September 1, 2008.

[Deletions are indicated by strikethrough and insertions by underline.]

Rule 2.603 Default and Default Judgment

(A) [Unchanged.]

(B) Default Judgment.

(1) [Unchanged.]

(2) Default Judgment Entered by Clerk. On request of the plaintiff supported by an affidavit as to the amount due, the clerk may sign and enter a default judgment for that amount and costs against the defendant, if

(a) the plaintiff's claim against a defendant is for a sum certain or for a sum that can by computation be made certain;

(b) the default was entered because the defendant failed to appear; and

(c) the defaulted defendant is not an infant or incompetent person.

The clerk may not enter or record a default judgment based on a note or other written evidence of indebtedness until the note or writing is filed with the clerk for cancellation, except by special order of the court.

(3)-(4) [Unchanged.]

(C)-(E) [Unchanged.]
Staff Comment: This amendment eliminates the requirement to file for the cancellation of a note or writing indicating written evidence of indebtedness when applying to the clerk for a default judgment.

The staff comment is not an authoritative construction by the Court.


Summaries of

Amendment of Rules 3.204, 2006-10

Supreme Court of Michigan
May 28, 2008
ADM File No. 2006-10 (Mich. May. 28, 2008)
Case details for

Amendment of Rules 3.204, 2006-10

Case Details

Full title:Amendment of Rule 2.603 of the Michigan Court Rules

Court:Supreme Court of Michigan

Date published: May 28, 2008

Citations

ADM File No. 2006-10 (Mich. May. 28, 2008)