Rule 3.223.Summary Proceeding for Entry of Consent Judgment or Order

Subchapter 3.200 — Domestic Relations Actions · Last verified September 5, 2026

In one sentenceMCR 3.223 lets two people who already agree file one joint petition asking the court to enter a consent judgment or consent order as an original action, with no summons, no pretrial proceedings unless the parties ask for them by motion, and dismissal if either party objects.

Full Text of Rule 3.223

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Scope and Applicability of Rules. This rule governs practice and procedure for entering a consent judgment or consent order as an original action.

(B) Definitions. For purposes of this rule:

(1) "Party A" is the equivalent of a plaintiff and means the party responsible for filing and service requirements.

(2) "Party B" is the equivalent of a defendant and means the non-filing party.

(1) The parties shall file a petition to submit to court jurisdiction and request for entry of a proposed consent judgment or proposed consent order on a form approved by the State Court Administrative Office.

(a) The petition shall be brought "In the Matter of" the names of Party A and Party B and the subject matter of the proposed consent judgment or proposed consent order using the case type codes under MCR 8.117. The petition shall:

(i) contain, at a minimum, the grounds for jurisdiction, the statutory grounds to enter the judgment or order, and a request to enter the judgment or order;

(ii) comply with the provisions of MCR 2.113 and MCR 3.206(A) and (B);

(iii) be signed by both parties;

(iv) be accompanied by the proposed consent judgment or consent order, that complies with MCR 3.211 and is signed by both parties;

(v) be accompanied by a verified statement if required by MCR 3.206(C) and a judgment information form if required by MCR 3.211(F); and

(vi) under MCL 691.1345, be accompanied by domestic violence screening forms. The domestic violence screening form shall be limited to reporting personal protection actions, domestic violence criminal actions, and child protective actions involving the parties and shall be on a form approved by the State Court Administrative Office. Each party must complete a separate form.

(b) The petition may contain a request to waive the six-month statutory waiting period under MCL 552.9f.

(2) The petition filed under subrule (1)(a) serves as a complaint and answer unless a party files an objection under subrule (5). It also serves as an appearance of the attorney who signs the petition.

(3) On the filing of the petition and request for entry of consent judgment or consent order and payment of the filing fees, the court clerk shall:

(a) assign a case number and judge, and shall issue a notice of the filing on a form approved by the State Court Administrative Office to be served by Party A as provided in MCR 2.103 and 2.105. The court clerk shall not issue a summons under MCR 2.102(A), and

(b) schedule a hearing date on the proposed consent judgment or consent order but shall not schedule the matter for any pretrial proceedings unless requested by the parties on filing of a motion. The hearing date may not be scheduled sooner than 60 days after the date of the notice of filing. Nothing in this rule precludes the court from waiving the six-month statutory waiting period in accordance with MCL 552.9f.

(4) The notice of the filing must be issued "In the name of the people of the State of Michigan," under the seal of the court that issued it. It must be directed to both parties and include:

(a) the name and address of the court,

(b) the names of the parties,

(d) the names, addresses, and bar numbers of any attorneys representing the parties,

(e) the date on which the notice of filing was issued,

(f) the date on which the proposed consent judgment or order will be heard by the court,

(g) a statement that if either party objects to this summary proceeding at any time before entry of the proposed consent judgment or consent order, the case will be dismissed, and

(h) a statement that the hearing on the proposed consent judgment or consent order will be held under MCR 3.210 at the conclusion of any applicable statutory waiting period.

(5) If either party objects to this summary proceeding any time before entry of the proposed consent judgment or proposed consent order, the court shall dismiss the case.

(6) At any time after the filing of the proposed consent judgment or proposed consent order, the parties may file stipulations and motions and the court may enter temporary orders.

(D) Entry of Final Consent Judgment or Consent Order. The court shall conduct a hearing on the proposed consent judgment or proposed consent order in accordance with MCR 3.210. Except when a consent judgment is derived through MCR 3.222, both petitioners shall be present for this hearing. The final consent judgment or final consent order shall be served in accordance with MCR 2.602(D).

(E) Dismissal. A party may dismiss a matter commenced under this rule at any time under MCR 2.504 or as provided under subrule (C)(5).

End

Plain-English Summary

MCR 3.223 gives parties who already agree a way into court that skips the machinery built for a fight. Instead of a complaint, a summons, and an answer, the two of them sign one petition, attach the judgment or order they want, and ask the court to enter it. Subrule (A) frames this as an original action, so the summary proceeding is the case rather than a shortcut inside one.

Party A and Party B

Subrule (B) drops the usual labels. Party A is the equivalent of a plaintiff and carries the filing and service duties. Party B is the non-filing party. Neither label says who wanted what.

What gets filed

Under subrule (C)(1) the petition goes on a form approved by the State Court Administrative Office, captioned in the matter of both names and the subject of the proposed judgment, using the case type codes in MCR 8.117. Subrule (C)(1)(a) sets what it must carry:

the grounds for jurisdiction, the statutory grounds to enter the judgment or order, and a request to enter it;
compliance with MCR 2.113 and MCR 3.206(A) and (B);
the signatures of both parties;
the proposed consent judgment or order, complying with MCR 3.211 and signed by both;
a verified statement and a judgment information form when MCR 3.206(C) and MCR 3.211(F) call for them;
a separate domestic violence screening form from each party.

Subrule (C)(1)(b) lets the petition ask the court to waive the six-month statutory waiting period under MCL 552.9f. Subrule (C)(2) then treats the petition as both complaint and answer, and as the appearance of the attorney who signs it.

Notice instead of a summons

Subrule (C)(3)(a) directs the clerk to assign a case number and judge and issue a notice of the filing, served by Party A under MCR 2.103 and 2.105. No summons issues under MCR 2.102(A). Subrule (C)(3)(b) has the clerk set a hearing date but schedule no pretrial proceedings unless the parties request them on filing of a motion, and the hearing date may not come sooner than 60 days after the date of the notice of filing. Subrule (C)(4) lists what the notice must contain, down to a statement that an objection will end the case.

Either party can stop it

Subrule (C)(5) is the pressure valve. If either party objects to the summary proceeding at any time before entry, the court shall dismiss the case. Subrule (E) adds ordinary dismissal under MCR 2.504. In the meantime subrule (C)(6) still allows stipulations, motions, and temporary orders, so an agreed case is not frozen while it waits. Subrule (D) closes with a hearing under MCR 3.210 at which both petitioners appear, unless the judgment came through MCR 3.222, and service of the entered judgment under MCR 2.602(D).

Frequently Asked Questions

Does a summons issue in a summary consent proceeding under MCR 3.223?

No. Subrule (C)(3)(a) tells the clerk not to issue a summons under MCR 2.102(A). The clerk issues a notice of the filing instead, and Party A serves it as provided in MCR 2.103 and 2.105.

How soon can the court hear the proposed consent judgment?

Under subrule (C)(3)(b) the hearing date may not be scheduled sooner than 60 days after the date of the notice of filing. The same subrule preserves the court's power to waive the six-month statutory waiting period under MCL 552.9f, and subrule (C)(1)(b) lets the petition itself ask for that waiver.

What happens if one party changes their mind before the judgment enters?

The case ends. Subrule (C)(5) requires the court to dismiss if either party objects to the summary proceeding at any time before entry of the proposed consent judgment or order. Subrule (E) also allows a party to dismiss under MCR 2.504.

Do both parties have to attend the hearing?

Subrule (D) requires both petitioners to be present for the hearing on the proposed consent judgment or order. The one exception is a consent judgment derived through MCR 3.222.

Is a separate complaint and answer needed?

No. Subrule (C)(2) says the petition serves as both the complaint and the answer unless a party objects under subrule (C)(5). It also counts as the appearance of the attorney who signs it.

Are domestic violence screening forms required with the petition?

Yes. Subrule (C)(1)(a)(vi) requires domestic violence screening forms under MCL 691.1345, on a form approved by the State Court Administrative Office, with each party completing a separate one. The form is limited to reporting personal protection actions, domestic violence criminal actions, and child protective actions involving the parties.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: consent judgmentconsent ordersummary proceedingparty aparty bpetition for entry of consent judgmentsix-month waiting period