19263Michigan Court Rules, Affidavits & maybe justice.
- Mar 18, 2013Michigan 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
(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 amount
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.Rule 2.603 Default and Default Judgment(A) Entry of Default; Notice; Effect.(1) If a partyagainst whom a judgment for affirmative relief is sought hasfailed to plead or otherwise defend as provided by these rules, and that fact ismade to appear by affidavit or otherwise, the clerk must enter the default ofthat party.(2) Notice that the default has been entered must be sent to all parties whohave appeared and to the defaulted party. If the defaulted party has notappeared, the notice to the defaulted party may be served by personal service,by ordinary first-class mail at his or her last known address or the place ofservice, or 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 soughtentry of the default. Proof of service anda copy of the notice must be filedwith the court.(3) Once the default of a party has been entered, that party may not proceedwith the action until the default has been set aside by the court in accordancewith subrule (D) or MCR 2.612.(B) Default Judgment.(1) Notice of Request for Default Judgment.(a) A party requesting a default judgment must give notice of the request tothe defaulted party, ifCHAPTER 2CIVIL PROCEDUREChapter Last Update1/2/2013(i) the party against whom the default judgment is sought has appearedin the action;(ii) the request for entry of a default judgment seeks relief different inkind from, or greater in amount than, that stated in the pleadings; or(iii) the pleadings do not state a specific amount demanded.(b) The notice required by this subrule must be served at least 7 daysbefore entry of the requested default judgment.(c) If the defaulted party has appeared, the notice may be given in themanner provided by MCR 2.107. If the defaulted party has not appeared,the notice may be served by personal service, by ordinary first-class mail atthe defaulted party's last known address or the place of service, or asotherwise directed by the court.(d) If the default is entered for failure to appear for a scheduled trial, noticeunder this subrule is not required.(2) Default Judgment Entered by Clerk. On request of the plaintiff supported byan affidavit as to the amount due, the clerk may sign and enter a defaultjudgment for that amount and costs against the defendant, if(a) the plaintiff's claim against a defendant is for a sumcertain or for a sumthat can by computation be made certain;(b) the default was entered because the defendant failed to appear; and(c) the defaulted defendant is not an infant or incompetent personand(d) the damages amount requested is not greater than the amount stated inthe complaint.CHAPTER 2CIVIL PROCEDUREChapter Last Updated1/2/2013Rule 2.605 Declaratory Judgments(A) Power to Enter Declaratory Judgment.(1) In a case of actual controversy within its jurisdiction, a Michigan court ofrecord may declare the rights and other legal relations of an interested partyseeking a declaratory judgment, whether or not other relief is or could besought or granted.(2) For the purpose of this rule, an action is considered within the jurisdiction ofa court if the court would have jurisdiction of an action on the same claim orclaims in whichthe plaintiff sought relief other than a declaratory judgment.(B) Procedure. The procedure for obtaining declaratory relief is in accordance withthese rules, and the right to trial by jury may be demanded under thecircumstances and in the manner provided in the constitution, statutes, and courtrules of the State of Michigan.