Chapter 6: Postjudgment Proceedings

6.1Postjudgment Motions

Except as provided in MCR 2.612 (motion for relief from judgment), any postjudgment motion must be filed not more than ten days after judgment is entered. MCR 4.201(N). A pleading or other document filed by an unrepresented individual who is incarcerated in prison or jail “must be deemed timely filed if it was deposited in the institution’s outgoing mail on or before the filing deadline. Proof of timely filing may include a receipt of mailing, a sworn statement setting forth the date of deposit and that postage has been prepaid, or other evidence (such as a postmark or date stamp) showing that the document was timely deposited and that postage was prepaid.” MCR 1.112.

A.Motion for Relief from Judgment ¹

“The procedure for obtaining any relief from a judgment shall be by motion as prescribed in [the Michigan Court Rules] or by an independent action. Relief may not be sought or obtained by the writs of coram nobis, coram vobis, audita querela, bills of review, or bills in the nature of a bill of review.” MCR 2.612(C)(4).

Under MCR 2.612(C), “[o]n motion and on just terms, the court may relieve a party or the legal representative of a party from a final judgment, order, or proceeding” when the motion for relief from judgment is based on one of the grounds listed in the rule and when the motion is “made within a reasonable time[.]”

According to MCR 2.612(C)(2), a motion for relief from judgment on the following grounds must be made “within one year after the judgment, order, or proceeding was entered or taken”:

•“Mistake, inadvertence, surprise, or excusable neglect.” MCR 2.612(C)(1)(a).

•“Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under MCR 2.611(B).”² MCR 2.612(C)(1)(b).

•“Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.” MCR 2.612(C)(1)(c).

A motion for relief from judgment on the following grounds must be made “within a reasonable time . . . after the judgment, order, or proceeding was entered or taken”:

•“The judgment is void.” MCR 2.612(C)(1)(d).

•“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.” MCR 2.612(C)(1)(e).

•“Any other reason justifying relief from the operation of the judgment.” MCR 2.612(C)(1)(f).

What constitutes a “reasonable time” is dependent on the circumstances of each case. See e.g., Inverness Mobile Home Community, Ltd v Bedford Twp, 263 Mich App 241, 246-247 (2004), where the Court concluded that under the circumstances of the case, a motion for relief under MCR 2.612(C)(1)(d) was filed “within a reasonable time” when it was filed more than one year after entry of the judgment because a motion under MCR 2.612(C)(1)(d) is not subject to the one-year requirement of MCR 2.612(C)(2).

Generally, a motion for relief from judgment under MCR 2.612(C) “does not affect the finality of a judgment or suspend its operation.” MCR 2.612(C)(2). However, the court may grant a stay following a party’s motion for relief from judgment. MCR 2.614(A)(1). MCR 2.614(A)(1) clarifies that “[e]xcept as provided in [MCR 2.614], execution may not issue on a judgment and proceedings may not be taken for its enforcement until 21 days after a final judgment (as defined in MCR 7.202(6)) is entered in the case.” MCR 2.614(B) states that “[i]n [the court’s] discretion and on proper conditions for the security of the adverse party, the court may stay the execution of, or proceedings to enforce, a judgment pending the disposition of a motion for relief from a judgment or order under MCR 2.612.”

“If a circuit court order grants relief to a party as described under [MCL 600.309a(2)], an opposing party may file an appeal of right from that order to the court of appeals. Action in the circuit court must be stayed while the matter is on appeal.” MCL 600.309a(3). In addition, the court ³ must “take appropriate steps toward ensuring, consistent with the appellate court rules, a timely processing of the appeal.” MCL 600.309a(4). MCL 600.309a “applies only if a party seeks relief from a circuit court judgment entered in a civil action based on a jury verdict on any of the following grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect.

(b) Newly discovered evidence.

(d) That the judgment is void.

(e) Another reason that justifies relief from the operation of the judgment.” MCL 600.309a(2).

MCL 600.309a “does not apply to an action to which [MCL 600.6098] applies,” and “applies only to an action, case, or proceeding commenced after” September 10, 2021. MCL 600.309a(5)-(6).

B.Motion to Set Aside a Default Judgment ⁴

A default or default judgment may be set aside under MCR 2.603 or MCR 2.612.⁵ MCR 2.603(D)(3). Except as otherwise provided in MCR 2.612,⁶ a motion to set aside a default judgment must be made within ten days of the judgment’s entry. MCR 4.201(N).

Except as otherwise provided in MCR 2.612,⁷ if the party against whom the default was entered was personally served with notice of the action, the default or default judgment may be set aside under MCR 2.603 only if the motion is filed:

•“before entry of a default judgment,” MCR 2.603(D)(2)(a), or

•“if a default judgment has been entered, within 21 days^[⁸] after the default judgment was entered[,]” MCR 2.603(D)(2)(b).

Unless the motion is “grounded on lack of jurisdiction over the defendant,” a party must show good cause and file “a statement of facts showing a meritorious defense, verified in the manner prescribed by MCR 1.109(D)(3),” before a default judgment may be set aside. MCR 2.603(D)(1). See also MCR 4.201(N)(3) (requiring a showing of a meritorious defense and good cause before a court may grant a motion to set aside a default money judgment, except when grounded on a lack of jurisdiction). Good cause sufficient to set aside a default means: “(1) a substantial irregularity or defect in the proceeding upon which the default is based, [or] (2) a reasonable excuse for failure to comply with the requirements that created the default.” Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 233 (1999).

“An order setting aside the default or default judgment must be conditioned on the defaulted party paying the taxable costs incurred by the other party in reliance on the default or default judgment, except as prescribed in MCR 2.625(D).^[⁹] The order may also impose other conditions the court deems proper, including a reasonable attorney fee.” MCR 2.603(D)(4).

“[A] default is merely an admission of liability and not an admission regarding the proper amount of damages.” Epps v 4 Quarters Restoration LLC, 498 Mich 518, 554 (2015). Thus, “[i]f the amount of damages is in dispute, a defaulting defendant is nonetheless entitled to a hearing, at which [the defendant] may challenge the plaintiff’s alleged damages amount, if the trial court determines that a hearing is necessary.” Id. at 555.

C.Motion to Set Aside a Consent Judgment or Order

If a party was not represented by an attorney at the time a consent judgment or order was entered, he or she may move, within three regular court days of the date the judgment or order was entered, to set aside the consent judgment or order.¹⁰ MCR 4.201(J)(2). A timely motion to set aside a consent judgment or order “stays the judgment or order until the court decides the motion or dismisses it after notice to the moving party.” Id.

The court must set aside a consent judgment or order if the court is satisfied that the moving party “misunderstood the basis for, or the rights which were being relinquished in, the judgment or order.” MCR 4.201(J)(3).

D.Motion to Amend the Findings

A party may make a motion for the court to “amend its findings or make additional findings,” and the court “may amend the judgment accordingly.”¹¹ MCR 2.517(B). A motion to amend the court’s findings “may be made with a motion for new trial pursuant to MCR 2.611.”¹² MCR 2.517(B). Whenever a court makes findings following a bench trial, a party may question the sufficiency of the evidence without regard to whether that party “objected to the findings or [] moved to amend them or for judgment.” Id.

A motion to amend the court’s findings must be made not more than ten days following the entry of judgment. MCR 4.201(N).¹³

E.Motion for Judgment Notwithstanding the Verdict ¹⁴

A motion “to have the verdict and judgment set aside, and to have judgment entered in the moving party’s favor” may be “joined with a motion for a new trial, or a new trial may be requested in the alternative.” MCR 2.610(A)(1). Additionally, “[a] motion to set aside or otherwise nullify a verdict or a motion for a new trial is deemed to include a motion for judgment notwithstanding the verdict as an alternative.” MCR 2.610(A)(3).

A motion for judgment notwithstanding the verdict must be made within ten days of the entry of judgment. MCR 4.201(N).¹⁵

•“If a verdict was returned, the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as requested in the motion.” MCR 2.610(B)(1).

•“If a verdict was not returned, the court may direct the entry of judgment as requested in the motion or order a new trial.” MCR 2.610(B)(2).

In ruling on a motion for judgment notwithstanding the verdict, “the court must give a concise statement of the reasons for the ruling, either in a signed order or opinion filed in the action, or on the record.” MCR 2.610(B)(3).

If the court grants a party’s motion for judgment notwithstanding the verdict, the court must “also conditionally rule on any motion for a new trial, determining whether it should be granted if the judgment is vacated or reversed[.]” MCR 2.610(C)(1). The court must “specify the grounds for granting or denying the motion for a new trial.” Id.

“The party whose verdict [was] set aside on a motion for judgment notwithstanding the verdict may serve and file a motion for a new trial pursuant to MCR 2.611 within 14 days after entry of judgment.” MCR 2.610(D).

Committee Tip:

MCR 4.201(N)’s ten-day limit on postjudgment motions (rather than the 14-day limit in MCR 2.610(D)) may apply to a party’s motion for a new trial following a judgment notwithstanding the verdict. The court rules expressly applicable to summary proceedings do not distinguish between an initial postjudgment motion and a postjudgment motion brought in response to a court’s ruling on the initial postjudgment motion.

“A party who fails to move for a new trial as provided in this subrule has waived the right to move for a new trial.” MCR 2.610(D).

F.Motion for New Trial or to Amend Judgment ¹⁶

A motion for a new trial or a motion to amend the judgment must be made within ten days of the judgment’s entry.¹⁷ MCR 4.201(N). “[A] motion for a new trial is deemed to include a motion for judgment notwithstanding the verdict as an alternative.” MCR 2.610(A)(3).

The court may grant a new trial “to all or some of the parties, on all or some of the issues, whenever [the parties’] substantial rights are materially affected, for any of the following reasons:”

•“Irregularity in the proceedings of the court, jury, or prevailing party, or an order of the court or abuse of discretion which denied the moving party a fair trial.” MCR 2.611(A)(1)(a).

•“Misconduct of the jury or of the prevailing party.” MCR 2.611(A)(1)(b).

•“Excessive or inadequate damages appearing to have been influenced by passion or prejudice.”¹⁸ MCR 2.611(A)(1)(c).

•“A verdict clearly or grossly inadequate or excessive.”¹⁹ MCR 2.611(A)(1)(d).

•“A verdict or decision against the great weight of the evidence or contrary to law.” MCR 2.611(A)(1)(e).

•“Material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at trial.” MCR 2.611(A)(1)(f).

•“Error of law occurring in the proceedings, or mistake of fact by the court.” MCR 2.611(A)(1)(g).

•“A ground listed in MCR 2.612 warranting a new trial.”²⁰ MCR 2.611(A)(1)(h).

“[T]he court, on its own initiative may order a new trial for a reason for which it might have granted a new trial on motion of a party.” MCR 2.611(C). The court must specify on what grounds its order for a new trial is based. Id.

G.Stays of Proceedings

1.After Judgment of Possession Issued

Except as otherwise provided in MCR 4.201(N), if a postjudgment motion challenges a possession judgment, a court may not grant a stay of the proceedings. MCR 4.201(N)(1). However, a court must grant a stay if one of the following circumstances apply:

•An escrow deposit of one month’s rent accompanies the postjudgment motion. MCR 4.201(N)(1)(a).

•“[T]he court is satisfied that there are grounds for relief under MCR 2.612(C),^[²¹] and issues an order that waives payment of the escrow; such an order may be ex parte.” MCR 4.201(N)(1)(b).

If the court stays the proceedings, a hearing must be held within 14 days after the stay is granted. MCR 4.201(N)(1).

If a party files an appeal or a motion for a new trial before expiration of the time during which an order of eviction (writ of restitution) must not issue ²² (ten days after entry of a possession judgment, MCL 600.5744(5)), the party may file a bond to stay the proceedings. MCL 600.5744(6). If proceedings are stayed under these conditions, “[the time] during which the writ shall not be issued shall be tolled until the disposition of the appeal or motion for new trial is final.” Id.

2.No Judgment of Possession Issued

A postjudgment motion stays the proceedings when “the judgment does not include an award of possession.” MCR 4.201(N)(2). However, a plaintiff may request an order requiring the defendant to post a bond to secure the stay. Id. The plaintiff may request that the defendant make “continuing adequate escrow payments” pursuant to MCR 4.201(I)(2),²³ if the plaintiff believes the initial escrow deposit is inadequate. MCR 4.201(N)(2). “The filing of a postjudgment motion together with a bond, bond order, or escrow deposit stays all proceedings, including an order of eviction issued but not executed.” Id.

¹ This section contains a brief discussion of motions for relief from judgment under MCR 2.612. For more information, see the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 4.

³ It is unclear whether the Legislature is referring to the lower court or the Court of Appeals.

⁴ This section contains a brief discussion of motions to set aside a default judgment under MCR 2.603. For more information, see the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 4.

⁵See Section 4.12 for information on defaults and default judgments. See Section 2.7(E) for information on default judgments under the Servicemembers Civil Relief Act. See Section (A) for information on motions for relief from judgment under MCR 2.612.

⁷See MCR 2.612(B), which permits the court to order relief from judgment for “[a] defendant over whom personal jurisdiction was necessary and acquired, but who did not in fact have knowledge of the pendency of the action, [who] enter[ed] an appearance within 1 year after final judgment” and who “shows reason justifying relief from the judgment and if innocent third persons will not be prejudiced[.]” See also MCR 2.612(C)(2), which requires a motion under MCR 2.612 for relief from judgment to be filed “within a reasonable time[.]”

⁸MCR 2.603(D)(2)(b) states that a motion to set aside a default judgment must be made not more than 21 days after the judgment was entered. However, with the exception of MCR 2.612, MCR 4.201(N) requires that any postjudgment motion be made within ten days after entry of judgment. Because MCR 4.201(N) makes no exception for the time allowances of MCR 2.603, and because MCR 4.201(N) is the more specific court rule and expressly applies to postjudgment motions following summary proceedings, the ten-day limit in MCR 4.201(N) applies to a motion to set aside a default judgment entered in summary proceedings.

⁹The amount of taxable costs depends on whether and how personal jurisdiction over the defendant was obtained. See MCR 2.625(D).

¹⁰Enforcement of a consent order is delayed for three business days. MCR 4.201(J)(1).

¹¹See Section 4.10(F) for more information on a court’s findings and conclusions.

¹³MCR 2.517(B) states that a motion to amend the court’s findings must be made not more than 21 days after the judgment was entered. However, with the exception of MCR 2.612, MCR 4.201(N) requires that any postjudgment motion be made within ten days after entry of judgment. Because MCR 4.201(N) is the more specific rule and makes no exception for the time allowances of MCR 2.517, and because MCR 4.201(N) expressly applies to postjudgment motions following summary proceedings, the ten-day limit in MCR 4.201(N) applies to a motion to amend a court’s findings filed after judgment in summary proceedings.

¹⁴ This section contains a brief discussion of motions for judgment notwithstanding the verdict under MCR 2.610. For more information, see the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 8.

¹⁵MCR 2.610(A)(1) states that a motion for judgment notwithstanding the verdict must be made not more than 21 days after the judgment was entered. However, with the exception of MCR 2.612, MCR 4.201(N) requires that any postjudgment motion be made within ten days after entry of judgment. Because MCR 4.201(N) makes no exception for the time allowances of MCR 2.610, and because MCR 4.201(N) expressly applies to postjudgment motions following summary proceedings, the ten-day limit in MCR 4.201(N) applies to a motion for judgment notwithstanding the verdict filed after judgment in summary proceedings.

¹⁶ This section contains a brief discussion of motions for new trial or to amend the judgment under MCR 2.611. For more information, see the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 8.

¹⁷MCR 2.611(B) states that a motion for new trial or a motion to amend judgment must be made not more than 21 days after the judgment was entered. However, with the exception of MCR 2.612, MCR 4.201(N) requires that any postjudgment motion be made within ten days after entry of judgment. Because MCR 4.201(N) is the more specific rule and makes no exception for the time allowances of MCR 2.611, and because MCR 4.201(N) expressly applies to postjudgment motions following summary proceedings, the ten-day limit in MCR 4.201(N) applies to a motion for new trial or a motion to amend judgment filed after judgment in summary proceedings.

¹⁸See MCR 2.611(E) for information on remittitur and additur. See also the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 8, for more information.

¹⁹See MCR 2.611(E) for information on remittitur and additur. See also the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 8, for more information.

²⁰Grounds in MCR 2.612 for relief from judgment are, summarily: (1) mistake; (2) newly discovered evidence; (3) fraud; (4) judgment is void; (5) judgment is no longer valid; and (6) any other reason justifying relief. MCR 2.612(C)(1)(a)-(f). See Section (A).

²¹Grounds in MCR 2.612 for relief from judgment are, summarily: (1) mistake; (2) newly discovered evidence; (3) fraud; (4) judgment is void; (5) judgment is no longer valid; and (6) any other reason justifying relief. MCR 2.612(C)(1)(a)-(f). See Section (A).