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Michigan Court Rules, Affidavits & maybe justice.

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  • Jerry Stanton
      Michigan Court Rules, Affidavits & maybe justice. Seems if the people have lawful courts and Judges, that complied by the court rule and these Michigan
    Message 1 of 1 , Mar 18 9:14 PM
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      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
       
      (A)  [Unchanged.]
       
      (B)  Statement of Claim.  A complaint, counterclaim, cross-claim,
           or third-party complaint must contain the following:
       
           (1)  [Unchanged.]
       
          
       (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 party
      against whom a judgment for affirmative relief is sought has
      failed to plead or otherwise defend as provided by these rules, and that fact is
      made to appear by affidavit or otherwise, the clerk must enter the default of
      that party.
      (2) Notice that the default has been entered must be sent to all parties who
      have appeared and to the defaulted party. If the defaulted party has not
      appeared, 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 of
      service, 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 sought
      entry of the default. Proof of service and
      a copy of the notice must be filed
      with the court.
      (3) Once the default of a party has been entered, that party may not proceed
      with the action until the default has been set aside by the court in accordance
      with 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 to
      the defaulted party, if
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      (i) the party against whom the default judgment is sought has appeared
      in the action;
      (ii) the request fo
      r entry of a default judgment seeks relief different in
      kind 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 da
      ys
      before entry of the requested default judgment.
      (c) If the defaulted party has appeared, the notice may be given in the
      manner provided by MCR 2.107. If the defaulted party has not appeared,
      the notice may be served by personal service, by ordinary firs
      t
      -
      class mail at
      the defaulted party's last known address or the place of service, or as
      otherwise directed by the court.
      (d) If the default is entered for failure to appear for a scheduled trial, notice
      under this subrule is not required.
      (2) Default Judgment Entered by Clerk. On request of the plaintiff supported by
      an affidavit as to the amount due, the clerk may sign and enter a default
      judgment for that amount and costs against the defendant, if
      (a) the plaintiff's claim against a defendant is for a sum
      certain or for a sum
      that 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 person
      and
      (d) the damages amount requested is not greater th
      an the amount stated in
      the complaint.
       
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      Rule 2.605 Declaratory Judgments
      (A) Power to Enter Declaratory Judgment.
      (1) In a case of actual controversy within its jurisdiction, a Michigan court of
      record may declare the rights and other legal relations of an interested party
      seeking a declarat
      ory judgment, whether or not other relief is or could be
      sought or granted.
      (2) For the purpose of this rule, an action is considered within the jurisdiction of
      a court if the court would have jurisdiction of an action on the same claim or
      claims in which
      the plaintiff sought relief other than a declaratory judgment.
      (B) Procedure. The procedure for obtaining declaratory relief is in accordance with
      these rules, and the right to trial by jury may be demanded under the
      circumstances and in the manner provide
      d in the constitution, statutes, and court
      rules of the State of Michigan.
       


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