6.3Original Action to Enter a Consent Judgment or Consent Order
MCR 3.223 “governs practice and procedure for entering a consent judgment or consent order as an original action.” MCR 3.223(A).
To commence an action, the parties must “file a petition to submit to court jurisdiction and request for entry of a proposed consent judgment or proposed consent order on a form approved by the State Court Administrative Office [(SCAO)].” MCR 3.223(C)(1). The petition must “be brought ‘In the Matter of’ the names of Party A and Party B and the subject matter of the proposed consent judgment or proposed consent order using the case type codes under MCR 8.117.” MCR 3.223(C)(1)(a).
The petition must also:
•contain the grounds for jurisdiction, the statutory grounds to enter the judgment or order, and a request to enter the judgment or order;
•satisfy the requirements of MCR 2.113, MCR 3.206(A), and MCR 3.206(B);
•be signed by both parties;
•be accompanied by the proposed judgment or order that complies with MCR 3.211 and is signed by both parties;
•be accompanied by a verified statement if required by MCR 3.206(C), a judgment information form if required by MCR 3.211(F), and domestic violence screening forms (separately completed for each party) pursuant to MCL 691.1345. MCR 3.223(C)(1)(a).
A petition filed under MCR 3.223(C)(1)(a) “serves as a complaint and answer unless a party files an objection under [MCR 3.223(C)(5)]. It also serves as an appearance of the attorney who signs the petition.” MCR 3.223(C)(2).
Upon receipt of a petition filed under MCR 3.223(C)(1), and payment of applicable filing fees, the court clerk must:
“(a) assign a case number and judge, and shall issue a notice of the filing on a form approved by [SCAO] to be served by Party A as provided in MCR 2.103 and [MCR] 2.105. The court clerk shall not issue a summons under MCR 2.102(A), and
(b) schedule a hearing date on the proposed consent judgment or consent order but shall not schedule the matter for any pretrial proceedings unless requested by the parties on filing of a motion. The hearing date may not be scheduled sooner than 60 days after the date of the notice of filing. . . .” MCR 3.223(C)(3).
“The notice of the filing must be issued ‘In the name of the people of the State of Michigan,’ under the seal of the court that issued it.” MCR 3.223(C)(4). The notice “must be directed to both parties and include:
(a) the name and address of the court,
(b) the names of the parties,
(c) the case number and name of assigned judge,
(d) the names, addresses, and bar numbers of any attorneys representing the parties,
(e) the date on which the notice of filing was issued,
(f) the date on which the proposed consent judgment or order will be heard by the court,
(g) a statement that if either party objects to this summary proceeding at any time before entry of the proposed consent judgment or consent order, the case will be dismissed, and
(h) a statement that the hearing on the proposed consent judgment or consent order will be held under MCR 3.210 at the conclusion of any applicable statutory waiting period.” MCR 3.223(C)(4).
After the filing of a proposed consent judgment or proposed consent order, “the parties may file stipulations and motions and the court may enter temporary orders.” MCR 3.223(C)(6).
Divorce cases. The parties may include a request to waive the six-month statutory waiting period under MCL 552.9f in the petition, and nothing in MCR 3.223 precludes the court from granting the request. MCR 3.223(C)(1)(b); MCR 3.223(C)(3)(b).
B.Entry of Final Consent Judgment or Consent Order
“The court shall conduct a hearing on the proposed consent judgment or proposed consent order in accordance with MCR 3.210. Except when a consent judgment is derived through MCR 3.222 [Uniform Collaborative Law Act process and agreements], both petitioners shall be present for this hearing. The final consent judgment or final consent order shall be served in accordance with MCR 2.602(D).” MCR 3.223(D).
“A party may dismiss a matter commenced under this rule at any time under MCR 2.504 or as provided under [MCR 3.223(C)(5)].” MCR 3.223(E).
The court must dismiss the case if either party objects to the summary proceeding prior to entry of the proposed consent judgment or proposed consent order. MCR 3.223(C)(5).