1.18​Entering Default Judgment for Failure to Answer a Citation or Appear for a Scheduled Hearing

“Depending on the nature of the violation and on the procedure appropriate to the violation, a defendant may appear in person, by videoconferencing technology, by representation, or by mail.” MCR 4.101(B)(1).“A defendant may not appear by making a telephone call to the court, but a defendant may telephone the court to obtain a date to appear.” MCR 4.101(B)(2).

“A clerk of the court may enter a default after certifying, on a form to be furnished by the court,^[35] that the defendant has not made a scheduled appearance, or has not answered a citation within the time allowed by statute.” MCR 4.101(B)(3). See also MCL 257.6b(d) (civil infraction determination includes “a determination that a person is responsible for a civil infraction by . . . [a] default judgment, for failing to appear as directed by citation or other notice, at a scheduled appearance under [MCL 257.745(3)(b) or MCL 257.745(4)], at a scheduled informal hearing under [MCL 257.746], or at a scheduled formal hearing under [MCL 257.747]”).

“If a defendant fails to appear or otherwise to respond to any matter pending relative to a civil infraction action, the court:

(a) must enter a default against the defendant;

(b) must make a determination of responsibility, if the complaint is sufficient;

(c) must impose a sanction by entering a default judgment;

(d) must send the defendant a notice of the entry of the default judgment and the sanctions imposed; and

(e) may retain the driver’s license of a nonresident^[36] as permitted by statute, if the court has received that license pursuant to statute. The court need not retain the license past its expiration date.” MCR 4.101(B)(4). See also MCL 257.748.

Additionally, “[i]f a defendant fails to appear or otherwise to respond to any matter pending relative to a traffic civil infraction, the court

(a) must notify the secretary of state of the entry of the default judgment, as required by MCL 257.732,^[37] and

(b) must initiate the procedures required by MCL 257.321a.^[38]” MCR 4.101(B)(5) (emphasis added).