VI. Default Judgments
- Applications 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;
- An original certificate of default stating that the defendant was properly served and failed to answer/appear, entered by the Clerk of the Court;
- All required substantiating documentation.
- If the plaintiff seeks an award of damages in the motion for default judgment, the plaintiff 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 other applicable authority if a different rate is sought; and
- The calculations made in arriving at the proposed judgment amount.
- The application for default judgment must be accompanied by a proposed judgment pursuant to L.B.R. 7055-1.
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