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Relief from a Michigan judgment: six grounds, and a separate year for a defendant who never knew

Michigan procedure · Last verified August 17, 2026

Michigan's relief-from-judgment rule has a provision that most states lack and that answers the most common real-world situation: a defendant who was properly served in law but never actually knew the case existed.

That is subrule (B), and it operates on its own terms, with its own year.

The defendant who did not know

MCR 2.612(B):

Defendant Not Personally Notified. A defendant over whom personal jurisdiction was necessary and acquired, but who did not in fact have knowledge of the pendency of the action, may enter an appearance within 1 year after final judgment, and if the defendant shows reason justifying relief from the judgment and innocent third persons will not be prejudiced, the court may relieve the defendant from the judgment, order, or proceedings for which personal jurisdiction was necessary, on payment of costs or on conditions the court deems just.

Read the premise carefully: personal jurisdiction was necessary and acquired. This is not an argument that service failed. It assumes service was legally good — and addresses the defendant who nevertheless "did not in fact have knowledge of the pendency of the action."

The requirements:

ElementWhat it means
Personal jurisdiction acquiredService was legally sufficient
No actual knowledge of the pendency of the actionThe factual position, not a legal defect
Enter an appearance within 1 year after final judgmentThe deadline
Reason justifying reliefA substantive showing
No prejudice to innocent third personsProtects intervening rights
Possible conditionsPayment of costs or other just conditions

This is the right route where substituted service was properly made at an address you had left, or where papers were left with someone who never passed them on. Arguing excusable neglect in that situation concedes something you do not need to concede.

The six grounds

MCR 2.612(C)(1):

On motion and on just terms, the court may relieve a party or the legal representative of a party from a final judgment, order, or proceeding on the following grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect. (b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under MCR 2.611(B). (c) Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party. (d) The judgment is void. (e) The judgment has been satisfied, released, or discharged; a prior judgment on which it is based has been reversed or otherwise vacated; or it is no longer equitable that the judgment should have prospective application. (f) Any other reason justifying relief from the operation of the judgment.

One year — for three of them

MCR 2.612(C)(2):

The motion must be made within a reasonable time, and, for the grounds stated in subrules (C)(1)(a), (b), and (c), within one year after the judgment, order, or proceeding was entered or taken. Except as provided in MCR 2.614(A)(1), a motion under this subrule does not affect the finality of a judgment or suspend its operation.

GroundOuter limit
(a) mistake, inadvertence, surprise, excusable neglect1 year
(b) newly discovered evidence1 year
(c) fraud, misrepresentation, misconduct1 year
(d) void judgmentreasonable time only
(e) satisfied, released, discharged, or no longer equitablereasonable time only
(f) any other reason justifying reliefreasonable time only

And note the cross-reference at the end: the motion does not suspend the judgment "except as provided in MCR 2.614(A)(1)" — which is where any automatic stay lives. That is the rule to read if you need enforcement paused, because MCR 2.612 itself gives you nothing.

Choosing between (B), (C)(1)(a) and (C)(1)(d)

These three cover overlapping ground and are often confused:

If…Use
Service was legally defective(C)(1)(d) — void, no one-year cap
Service was good but you never knew(B) — 1 year from final judgment, appearance route
You knew and missed the deadline(C)(1)(a) — excusable neglect, 1 year

The distinction between (B) and (d) is the one worth getting right. (d) says the court never had power. (B) accepts that it did, and asks for relief anyway. They are not alternatives to be pleaded interchangeably — but where the facts are unclear, both can be raised.

Which rule do you actually want?

Michigan has three separate post-judgment routes and they run on different clocks:

What you are attackingRuleDeadline
A decision on a motionMCR 2.119(F)21 days from entry
A non-final order, before final judgmentMCR 2.604(A)none
A final judgment or orderMCR 2.6121 year on (a)–(c); reasonable time otherwise

Filing under 2.612 when 2.604(A) was available — or missing 2.119(F)'s 21 days when that was the right vehicle — are the two common errors. See Michigan's motion for reconsideration, where the palpable-error standard and the no-response rule apply.

If a garnishment is running

The motion does not stop collection. A Michigan garnishment objection runs on its own 14-day clock from service of the writ, on form MC 49 — see objecting to a Michigan garnishment.

Running both is usually right: the objection protects exempt money now, and the MCR 2.612 motion attacks the judgment behind it.

How Michigan compares

MichiganMinnesotaWisconsinFederal
Outer limit, mistake / excusable neglect1 year1 year1 year1 year
Void judgment time-limitednononono
Route for a defendant who never knewyes — (B), 1 year, by appearanceyes — Rule 4.043
That route requires a service defectno
Conditions availablepayment of costs, or as justjust termsjust termsjust terms
Motion suspends the judgmentno, except MCR 2.614(A)(1)nonono

A short checklist

  1. Ask first whether you actually knew about the case. If not, subrule (B) is the cleaner route and it does not require a service defect.
  2. Check whether service was legally good. If not, (C)(1)(d) applies and carries no one-year cap.
  3. Count one year from entry for grounds (a), (b) and (c).
  4. Move within a reasonable time regardless.
  5. Under (B), enter an appearance within one year of final judgment and be ready to show a reason justifying relief and the absence of prejudice to innocent third persons.
  6. Expect conditions. Subrule (B) contemplates payment of costs.
  7. Check MCR 2.614(A)(1) if you need enforcement stayed; 2.612 does not do it.
  8. Make sure 2.612 is the right rule — 2.119(F) and 2.604(A) cover different targets on different clocks.

Where these rules live

This page explains what the rules say. It isn't legal advice, and what amounts to a reason justifying relief under MCR 2.612(B) is developed in case law this site doesn't cover.

How this guide is sourced. Every procedural statement here is drawn from the text of the rules named above, each of which is reproduced verbatim on its own page on this site. Quoted rule language appears in quotation marks or block quotes; everything else is original writing. Last verified August 17, 2026.
This page explains what the rules say. It is legal information, not legal advice, and it cannot tell you how a rule applies to your situation. Deadlines are often short and some are not extendable — if the outcome matters, talk to a lawyer or your court’s self-help center.