Q: In Michigan, can you file a motion to set aside a default and a motion for summary disposition at the same time?
Can a defendant file a motion for summary disposition before default has been set aside?
If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?
A: I agree with Mr. Harris. After a default is entered, even if a default judgment has not, the defaulted party (you) may not take any other action until the default is set aside.
You can file the motion, but its not authorized. And, if you file a motion for summary disposition at the same time, the court will probably ignore it, but the other party may feel like they cannot ignore it and may, to protect their client, either file a motion to strike your pleading or file a response to your motion. Either way, your action has caused them to take legal action and incur legal fees because you filed a motion that was not yet permitted. They would be justified in asking the court to strike your motion and award them the costs they incurred due to your action.
Don't do it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.