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.