4.13Consent Judgments

MCR 4.201(I) provides:

Consent Judgment When Party Is Not Represented. The following procedures apply to consent judgments and orders entered when either party is not represented by an attorney.

(1) The judgment or order may not be enforced until 3 regular court business days have elapsed after the judgment or order was entered. The judge shall review, in court, a proposed consent judgment or order with the parties, and shall notify them of the delay required by this subrule at the time the terms of the consent judgment or order are placed on the record.

(2) A party who was not represented by an attorney at the time of the consent proceedings may move to set aside the consent judgment or order within the 3-day period. Such a motion stays the judgment or order until the court decides the motion or dismisses it after notice to the moving party.

(3) The court shall set aside a consent judgment or order on a satisfactory showing that the moving party misunderstood the basis for, or the rights which were being relinquished in, the judgment or order.”

MCR 3.223 “governs practice and procedure for entering a consent judgment or consent order as an original action.” MCR 3.223(A). See the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 6, for additional information on original actions to enter a consent judgment or consent order.

Costs awarded in summary proceedings are limited to the costs described in MCL 600.5759 and include costs in the same amounts as in other civil actions in the same court. MCL 600.5759(1); MCR 4.201(L)(4). See also MCR 2.625. MCL 600.5759(1) expressly allows a court to award a maximum taxable cost of $75 for a consent judgment. MCL 600.5759(1)(b).