Michigan Court Rules, Affidavits & maybe justice.
Seems if the people have lawful courts and Judges, that complied by the court rule and these Michigan Court Rules mirror Federal Court Rules and most other STATES, that justice would prevail if the parties stated their facts in sworn affidavit form and entered them properly before the Court as Evidence.
Since it has been ruled, statements of a counsel are not evidence before a court and can not be considered. Jerry James Stanton
Michigan Court Rules
Rule 2.111 General Rules of Pleading
(B) Statement of Claim. A complaint, counterclaim, cross-claim,
or third-party complaint must contain the following:
(2) A demand for judgment for the relief that the pleader
seeks. If the pleader seeks an award of money, a
specific amount must be stated if the claim is for a
sum certain or a sum that can by computation be made
certain, or if the amount sought is [$10,000]
$25,000 or less. Otherwise, a specific
may not be stated, and the pleading must include
allegations that show that the claim is within the
jurisdiction of the
court. Declaratory relief may be
claimed in cases of actual controversy. See MCR 2.605.
Relief in the alternative or relief of several
different types may be demanded.
Default and Default Judgment
of Default; Notice; Effect.
(1) If a
whom a judgment for affirmative relief is sought has
plead or otherwise defend as provided by these rules, and that fact is
appear by affidavit or otherwise, the clerk must enter the default of
that the default has been entered must be sent to all parties who
appeared and to the defaulted party. If the defaulted party has not
the notice to the defaulted party may be served by personal service,
at his or her last known address or the place of
as otherwise directed by the court.
(a) In the
district court, the court clerk shall send the notice.
(b) In all
other courts, the notice must be sent by the party who sought
the default. Proof of service and
a copy of
the notice must be filed
the default of a party has been entered, that party may not proceed
action until the default has been set aside by the court in accordance
subrule (D) or MCR 2.612.
of Request for Default Judgment.
(a) A party
requesting a default judgment must give notice of the request to
defaulted party, if
party against whom the default judgment is sought has appeared
r entry of
a default judgment seeks relief different in
or greater in amount than, that stated in the pleadings; or
pleadings do not state a specific amount demanded.
notice required by this subrule must be served at least 7 da
entry of the requested default judgment.
(c) If the
defaulted party has appeared, the notice may be given in the
provided by MCR 2.107. If the defaulted party has not appeared,
may be served by personal service, by ordinary firs
defaulted party's last known address or the place of service, or as
directed by the court.
(d) If the
default is entered for failure to appear for a scheduled trial, notice
subrule is not required.
Judgment Entered by Clerk. On request of the plaintiff supported by
affidavit as to the amount due, the clerk may sign and enter a default
for that amount and costs against the defendant, if
plaintiff's claim against a defendant is for a sum
for a sum
that can by
computation be made certain;
default was entered because the defendant failed to appear; and
defaulted defendant is not an infant or incompetent person
damages amount requested is not greater th
amount stated in
2.605 Declaratory Judgments
Power to Enter Declaratory Judgment.
In a case of actual controversy within its jurisdiction, a Michigan court of
may declare the rights and other legal relations of an interested party
ory judgment, whether or not other relief is or could be
For the purpose of this rule, an action is considered within the jurisdiction
court if the court would have jurisdiction of an action on the same claim or
plaintiff sought relief other than a declaratory judgment.
Procedure. The procedure for obtaining declaratory relief is in accordance with
rules, and the right to trial by jury may be demanded under the
and in the manner provide
in the constitution, statutes, and court
of the State of Michigan.