How to Amend a Judgment in Detroit, Michigan
- 1). Determine the irregularity present in the original judgment. The original judgment must contain some sort of defect in order for it to be amended. The court will not amend a judgment simply to appease the losing party or a prevailing party unhappy with the amount of compensation received. Section 2.611 requires irregularity or misconduct of the judge, jury or prevailing party, excessive damages appearing to be influence by prejudice, a verdict clearly grossly inadequate, a verdict against the great weight of the evidence, material evidence newly discovered or error of law.
- 2). Understand the court's options. If a party motions to amend a judgment, the court will review the briefs and motions filed by both parties. From there, the court can completely set aside the judgment, take additional testimony or evidence, amend findings of fact or law or make new findings and direct a completely new entry of judgment. A motion to amend may not necessarily result in only an amendment.
- 3). File the motion in a timely manner. The Code requires the moving party (the party making a motion) to make a motion to amend within 21 days of entry of judgment. This means the date from which the court entered the judgment (result) or the original trial upon the court's docket. It is usually the same day the case is concluded or very shortly thereafter. The court may also motion for amendment on its own initiative and is held to the 21 day rule as well.
- 4). Attach an affidavit to the motion setting forth the facts or reasons for the need for amendment. This is a document sworn under oath to contain facts which are truthful. These affidavits must be served upon the opposing party and notice of receipt must be signed and returned by each opponent. This is to put the opposing party on notice that the court intends to revisit the issue.
- 5). Attend a hearing on the matter. Once all parties have been notified that the case is to be reopened and possibly amended, the court will give parties the opportunity to argue their positions before the judge. The party in favor of the amendment must set forth one of the factors outlined above necessary to amend a judgment. The opposing party will argue that the judgment should stay as is and there is no good reason to disturb the verdict. The judge's decision will contain a concise statement detailing the reasoning for his ruling.
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