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  1. #1
    Join Date
    Aug 2014
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    5

    Default Motion for Default Judgment Scheduled Ahead of Motion to Set Aside Default

    My question involves court procedures for the state of: Michigan

    On Friday, I have a motion for default judgment scheduled with the court. At the end of the day last Friday, defendant filed a motion to set aside default. The courtroom did not docket the motion before it closed. Whenever I have filed a motion at the end of the day on a Friday and the courtroom did not docket the motion, they have scheduled it for two weeks out since motions require a week notice in Michigan. I won't know until tomorrow whether the motion to set aside is scheduled for the same day as the motion for default judgment, or a week out.

    Question 1 - If they're scheduled on the same day, defendant's response to motion for default judgment, and motion to set aside default are quite repetitive. I'm discussing a lot of case law, and wondering if I need to duplicate it in briefs for both motions -- or if it's OK in the reply on the motion for default judgment to say X, Y, and Z are properly addressed in a motion to set aside, so see my response brief to that motion. There ARE obviously things that will separately be in each brief, and I do NOT want to put the judge in a mindset of skipping through the second one they read since there's repetitiveness, and missing something that wasn't in the other.

    Question 2 - If the court schedules the motion to set aside a week later, that puts me in an awkward situation. I'd almost have to make my arguments against the motion to set aside in my reply for the motion for default judgment, since defendant put it all in there as well. That would give them extra time to see all my arguments. In this case, should I contact the court, give my consent to move the motion to set aside to the same day?

    One thought I had was to make one "consolidated brief" that addresses both, and file it twice -- once on each motion... But, again, if they're split by a week that gives defense extra time to see the arguments.

  2. #2
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    Default Re: Motion for Default Judgment Scheduled Ahead of Motion to Set Aside Default

    If you choose, and there's room on the docket, you can reschedule your own motion. Assuming the defendant's motion is scheduled for the following week, it's possible that the court will hear your motion as scheduled, that the court will decide to adjourn your motion such that both motions can be addressed at the same time, or that the court would (with the consent of the parties) resolve both motions on the date that your motion is scheduled.

    Separate motions require separate answers, and you would normally file separate briefs in support of those motions as necessary to address the legal issues. Nobody here is in a position to review the pleadings, motions or briefs. If you want specific advice, you're going to need to consult a lawyer.

  3. #3
    Join Date
    Feb 2011
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    576

    Default Re: Motion for Default Judgment Scheduled Ahead of Motion to Set Aside Default

    What type of case is this, and what are you basing your default claim on?

    A motion to set aside an order that has not yet been rendered is premature, and moot.

    You should be able to put your finger on a statute that expressly gives you a right to default judgment. Otherwise, especially if this involves pro se litigants, the judge will likely deny your motion and strongly recommend you retain an attorney before showing up in his or her court again.

  4. #4
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    Default Re: Motion for Default Judgment Scheduled Ahead of Motion to Set Aside Default

    You could just walk into court and have the judge say motion denied, see you next week.

  5. #5
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    Default Re: Motion for Default Judgment Scheduled Ahead of Motion to Set Aside Default

    Quote Quoting tex11
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    A motion to set aside an order that has not yet been rendered is premature, and moot.
    You misinterpreted the procedural context. A default was entered, and there is a hearing scheduled for purposes of entering a money judgment based on the default. The defendant has filed a motion to set aside the default.
    Quote Quoting Disagreeable
    View Post
    You could just walk into court and have the judge say motion denied, see you next week.
    The judge is not going to deny a motion for a default judgment based upon their being a pending motion to set aside the default. As previously noted, an adjournment would be possible.

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