Motion And Affidavit To Set Aside Default (Civil) {MC 99}

Form MC 99 - MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT (CIVIL). This form is used in the State of Michigan judicial system to request the court to set aside a default or default judgment in a civil case. A default occurs when a party, typically the defendant, fails to answer a complaint or appear in court as required, which can lead to a default judgment being entered against them. The Motion and Affidavit to Set Aside Default allows the defendant to formally ask the court to overturn the default for specific reasons, such as lack of jurisdiction due to improper service of the summons and complaint, having a valid excuse ("good cause") for failing to respond or appear, or presenting a meritorious defense, meaning they have a legitimate legal argument against the claims in the case. The form requires the applicant to explain their reasons, provide supporting details, and sign it under oath before a notary or court clerk. Once filed, the court will schedule a hearing, giving the defendant an opportunity to present their arguments. Approved, SCAO. MCR 2.603(D), MCR 2.612(C). www.FormsWorkflow.com