Chapter 8: Posttrial Proceedings
Except as otherwise provided in MCR 2.602 and MCR 2.603, “all judgments and orders must be in writing, signed by the court, and dated with the date they are signed.” MCR 2.602(A)(1). The date the judgment or order is signed is the date of entry, MCR 2.602(A)(2), and the signed judgment or order must be retained in the case file, MCR 2.602(D). “Where electronic filing is implemented, judgments and orders must be issued under the seal of the court.” MCR 2.602(A)(4).
Immediately before the judge’s signature, the judgment must state “whether it resolves the last pending claim and closes the case.” MCR 2.602(A)(3). “Such a statement must also appear on any other order that disposes of the last pending claim and closes the case.” Id.
Committee Tip:
Review a final order or judgment before signing and entering it to make sure the document indicates whether it resolves the last pending claim and closes the case. This will assist the clerk’s office in knowing how to process the order or judgment prevent the need to enter a separate administrative order closing the case in the future.
With the exception of default judgments1 governed by MCR 2.601(B), “every final judgment may grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded that relief in his or her pleadings.” MCR 2.601(A).
The court must enter a judgment or order using one of the following methods:
•The court may sign the judgment or order when the relief in the order or judgment is granted. MCR 2.602(B)(1).
•The court must sign the judgment or order when all parties approve of its form, as long as it is consistent with the court’s decision. MCR 2.602(B)(2). For approval of an order’s form, “the parties must agree regarding the order’s structure or, if relevant, any procedure that it may establish for the disposition of the matter before the court.” In re Leete Estate, 290 Mich App 647, 657 (2010).
•The court must sign a properly submitted proposed judgment or order if no written objections have been filed within 7 days after service of notice, as long as the judgment or order is consistent with the court’s decision. MCR 2.602(B)(3). (This is commonly referred to as the “Seven-Day Rule.”)
•“A party may prepare a proposed judgment or order and notice it for settlement before the court.” MCR 2.602(B)(4). A motion fee may not be charged. Id.
While “a court speaks through its written orders and not its oral pronouncements, the orders and judgments arising from MCR 2.602(B)(3) are to comport with [the court’s] earlier oral pronouncements.” Jones v Jones, 320 Mich App 248, 261 n 5 (2017) (internal citation omitted). Accordingly, “if the court modifies what it previously stated orally, some type of explanation, at a minimum, would be warranted.” Id. (holding that the trial court erred by entering the plaintiff’s proposed judgment, which “did not comport with [the court’s] earlier oral ruling”).
MCR 2.602(B)(3) “only comes into effect after the trial court actually grants a judgment.” Hein v Hein, 337 Mich App 109, 123 (2021). “Its plain terms provide that it is a mechanism for the entry of an order or judgment reflecting a decision made by the trial court. Thus, it is definitionally not a mechanism for entering a consent judgment, nor can it be a mechanism for entering an order that is not an effectuation of a trial court’s ruling.” Id. at 123-124.
A party objecting to the entry of a proposed judgment under MCR 2.602(B)(3) is not required to provide a transcript of the prior proceeding. Jones, 320 Mich App at 261 (holding that the trial court erred by rejecting the defendant’s objections to the proposed judgment based on the lack of a transcript and noting that “given the compressed timing requirements under [MCR 2.602], it is doubtful that timely obtaining a copy of a transcript would be possible in most circumstances”).
The party seeking the judgment or order must serve a copy of the signed order or judgment on all parties within 7 days of it being signed and must file proof of service with the court clerk. MCR 2.602(E)(1).
The court may correct clerical mistakes in judgments or orders at any time, either on its own initiative, or on motion of a party. MCR 2.612(A)(1). However, MCR 7.208(A) and MCR 7.208(C) govern procedures for correcting errors once a claim of appeal is filed. MCR 2.612(A)(2).
Judgments or orders may be corrected nunc pro tunc (i.e., retroactively) when “supply[ing] an omission in the record of action really had, but omitted through inadvertence or mistake.” Shifferd v Gholston, 184 Mich App 240, 243 (1990). In Shifferd, the parties participated in mediation and agreed upon the mediator’s award. Id. at 241. The plaintiff submitted a timely proposed judgment to the judge, but the judge did not sign it until over a month later. Id. In the meantime, a computer-generated dismissal was issued to the parties for failing to timely enter a judgment. Id. at 241-242. After failing to receive payment under the mediation agreement, the plaintiff sought to garnish the defendant’s wages. Id. at 242. The defendant moved to dismiss the garnishment proceedings because of the earlier order dismissing the case. Id. The trial court properly held that the plaintiff was entitled to judgment based on the mediation agreement. Id.
“An error in the admission or the exclusion of evidence, an error in a ruling or order, or an error or defect in anything done or omitted by the court or by the parties is not ground for . . . disturbing a judgment or order, unless refusal to take this action appears to the court inconsistent with substantial justice.” MCR 2.613(A).
A judgment or order may be set aside, vacated, or stayed only by the judge who entered it. MCR 2.613(B). However, “[i]f the judge who entered the judgment or order is absent or unable to act, an order vacating or setting aside the judgment or order or staying proceedings under the judgment or order may be entered by a judge otherwise empowered to rule in the matter.” Id.
A party may seek relief from a judgment or order on the grounds set forth in MCR 2.612(C). See Section 4.12(C) for more information on setting aside a final judgment under MCR 2.612.
“Except 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(A)(1). “If a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from judgment is filed and served within 21 days after entry of the judgment or within further time the trial court has allowed for good cause during the 21-day period, execution may not issue on the judgment and proceedings may not be taken for its enforcement until the expiration of 21 days after the entry of the order deciding the motion, unless otherwise ordered by the court on motion for good cause.” Id. The court may still enjoin the transfer or disposition of property during the 21-day period. Id.
The statutes and court rules provide a variety of methods for enforcing a judgment including installment payments, garnishment, attachment, and judgment debtor discovery proceedings. See, e.g., MCL 600.6107; MCL 600.6201 et seq.; MCR 3.101; MCR 3.103; MCR 3.104.
Enforcement proceedings involving hearings include:
•proceedings on judgment debtor discovery subpoenas, MCL 600.6110; MCR 2.621;
•requests for installment payments, MCL 600.6201 et seq. (see also MCL 600.6107); and
•challenges to garnishments. MCR 3.101(K).2
A judgment may be satisfied in whole or in part by:
•filing with the clerk a signed and acknowledged satisfaction of judgment by the party or parties, or their attorneys, in whose favor the judgment was rendered;
•for money judgments only, paying the judgment, interest, and costs to the clerk; or
•filing a motion and having an order entered that the judgment has been satisfied.3 MCR 2.620(1)-(3).
The clerk must indicate in the court records, in each instance, whether the judgment has been satisfied in whole or in part. MCR 2.620.
Judgments from courts of record must be renewed after 10 years, and judgments from courts not of record must be renewed after 6 years. MCL 600.5809(3). The renewal can occur by ex parte motion. Van Reken v Darden, Neef & Heitsch, 259 Mich App 454, 458 (2003).