6.17Entering Default Judgment for Failure to Answer a Citation or Appear for a Scheduled Hearing

“If the person to whom a citation is issued for a civil infraction fails to appear as directed by the citation or other notice, at a scheduled appearance under [MCL 257.745(3)(b) or MCL 257.745(4)¹], at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against that person and the person’s license shall be suspended pursuant to [MCL 257.321a] until that person appears in court and all matters pertaining to the violation are resolved or until the default judgment is set aside.” MCL 257.748. 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]”).

MCR 4.101(B) also addresses the actions a court must take if a defendant fails to appear or otherwise respond to any matter pending relative to a civil infraction action. See Section 6.7(C) for a discussion of MCR 4.101(B). The court rule specifically addresses traffic civil infractions, stating that “[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,^[2] and

(b) must initiate the procedures required by MCL 257.321a.”³ MCR 4.101(B)(5).

“A defendant may move to set aside a default judgment within 14 days after the court sends notice of the judgment to the defendant.” MCR 4.101(D)(1). See Section 6.7(E) for a detailed discussion on setting aside a default judgment.