6.30Entering a Default Judgment for Failure to Answer a Citation or Appear for a Scheduled Hearing

“If the defendant fails to appear as directed by the citation or other notice at a scheduled appearance under [MCL 600.8715(3)(b) or MCL 600.8715(4) for municipal civil infractions, or MCL 600.8815(3)(b) or MCL 600.8815(4) for state civil infractions], at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against the defendant.” MCL 600.8723; MCL 600.8823(1).

In state civil infraction proceedings, “[u]nless the court has granted an adjournment for good cause shown, the court shall enter a judgment for the defendant if the law enforcement officer who issued the citation for a state civil infraction fails to appear at a scheduled informal hearing or if the prosecuting attorney fails to appear or is unable to proceed at a scheduled formal hearing, but the defendant is not entitled to costs of the action.” MCL 600.8823(2).

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).

“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.