VI. Default Judgments
- Motions for default judgments will not be accepted absent the following:
- A description of the nature of the claim;
- An affidavit representing that this Court has subject matter jurisdiction over the action:
- An affidavit representing that this Court has personal jurisdiction over the defendant;
- An affidavit representing that the defendant is not (i) an infant; (ii) an incompetent; or (iii) in the military as provided in the Service Member's Civil Relief Act of 2003, Pub. L. No. 108-189, 117 Stat. 2835 (2003).
- An affidavit and documentation substantiating the relevant allegations in the complaint.
- If the plaintiff seeks an award of damages in the motion for default judgment, the required affidavit and substantiating documentation must also include:
- A request for an amount equal to or less than the principal amount demanded in the complaint;
- Definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined at an evidentiary hearing.
- An affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;
- A request for interest, if interest is sought, on the principal amount not to exceed the judgment rate under Michigan law or authority if a different rate is sought; and
- The calculations made in arriving at the proposed judgment amount.
- The motion for default judgment must be accompanied by a proposed judgment pursuant to L.B.R. 7055-1.
- The Court may also request a hearing on the motion at its discretion.
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