Default Judgment Defense Hearing

Summary

To cross-examine a witness who signed an Affidavit of Meritorious Defense in Michigan, request a court hearing. File a subpoena to ensure the witnesss attendance. Subpoenas must be served directly to the witness, not through opposing counsel. If the witness is an employee, serve them directly unless their employer agrees to accept service. Use a process server or an adult over 18 to serve the subpoena and complete a proof of service form.

Full Conversation

a hearing has already been set. will the witness who signed the AFFIDAVIT OF MERITORIOUS DEFENSE have to show for the hearing or do I have to file something with the court to make sure he's there
You should file a subpoena to ensure the witness who signed the Affidavit of Meritorious Defense appears at the hearing. A subpoena is a legal document that orders someone to attend court.
Would you like more information on how to file a subpoena in Michigan?
yes
You can file a subpoena to ensure the witness attends the hearing. Here’s how to do it in Michigan:
- Obtain the subpoena form from the court.
- Fill out the form with the necessary details.
- Submit the completed form to the court for issuance.
- Serve the subpoena to the witness.
Do you need more details on any of these steps?
yes, I need help with serving the subpoena to the witness. only their name is in the AFFIDAVIT OF MERITORIOUS DEFENSE. can I serve the opposing counsel
Case Rating: *.
In Michigan, you generally cannot serve a subpoena to the opposing counsel for a witness. You need to serve the subpoena directly to the witness. Here are the steps:
- Hire a process server or ask an adult over * (not involved in the case) to serve the subpoena.
- Provide the server with the witness's name and any known address.
- The server will need to complete a proof of service form afterward.
Would you like more details on hiring a process server?
the witness is an employee of an insurance company, can I mail the insurance company the subpoena
You can serve a subpoena to a witness who is an employee of an insurance company by serving their employer only if the employer has agreed to accept service on their behalf. Otherwise, you will need to serve the individual directly.
Would you like more details on how to serve the subpoena directly to the witness?