REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2315 Defects not affecting judgment.
Sec. 2315.
When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following imperfections, omissions, defects, matters or things, or any of them, in the pleadings, process, record or proceedings, namely:
(1) For any default or defect in process; or for misconceiving any process, or awarding the same to a wrong officer; or for the want of a suggestion for awarding process, or for an insufficient suggestion.
(2) For an imperfect or insufficient return of a sheriff or other officer or that the name of the officer is not set to a return actually made by him.
(3) For mispleading, miscontinuance or discontinuance, insufficient pleading, or misjoining of issue.
(4) For the want of warrant of attorney by either party; except in cases of judgment by confession, where the warrant is expressly required by law.
(5) For a party under 18 years of age, having appeared by attorney, if the verdict or judgment be for him.
(6) For the want of an allegation or averment, on account of which a motion to dismiss could have been maintained.
(7) For omitting an allegation or averment of matter, without proving which the jury ought not to have given the verdict.
(8) For a mistake in the name of a party or person, or in a sum of money; or in the description of property; or in reciting or stating a day, month or year, when the correct name, time, sum or description shall have been once rightly alleged in any of the pleadings or proceedings.
(9) For a mistake in the name of a juror or officer.
(10) For an informality in entering a judgment, or making up the record thereof; or in a continuance or other entry upon the record.
(11) For any other default or negligence of a clerk or officer of the court, or of the parties, or their counselors or attorneys, by which neither party shall have been prejudiced.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1972, Act 87, Imd. Eff. Mar. 20, 1972
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1967–2023 · leading case:
People v. Gratz, 192 N.W.2d 304 (Mich. Ct. App. 1971).
People v. Gratz, 192 N.W.2d 304 (Mich. Ct. App. 1971).
· cites it 2× “1(1) provides that the General Court Rules shall apply to criminal cases “except as otherwise provided by rule or statute, and except when it clearly appears that they apply to civil actions only, or where statutes or special court rules provide a different procedure”. In a…”
McDonald v. Kersten, 180 N.W.2d 810 (Mich. Ct. App. 1970).
· cites it 2× “The defendants have made no issue of this lapse and we do not think we should notice it ourselves or that it necessarily would require the setting aside of the default judgment.”
Wallace v. Wallace, 179 N.W.2d 699 (Mich. Ct. App. 1970).
· cites it 2× “Years later the judgment creditor made an affidavit stating the amount due upon the judgment, and the transcript and the affidavit were filed with the circuit court clerk who thereupon entered them in the appropriate docket.”
Alycekay Co. v. Hasko Constr. Co., 448 N.W.2d 43 (Mich. Ct. App. 1989).
“MCL 600.2315; MSA 27A.2315 provides: *507 When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following imperfections,…”
Emmons v. Emmons, 355 N.W.2d 898 (Mich. Ct. App. 1984).
“Section 2315 of the Revised Judicature Act, MCL 600.2315; MSA 27A.2315, provides: "When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason…”
Wayne Creamery v. Suyak, 158 N.W.2d 825 (Mich. Ct. App. 1968).
“dment “in affirmance of the judgments,” so that it “shall not be stayed or reversed”, “or reversed for default in form”; “but *51 tliat all sueh omissions, variations, defects, and all other matters of like nature, not being against the right of the matter of the suit, nor…”
Wells v. Jones, 336 N.W.2d 17 (Mich. Ct. App. 1983).
“Her failure to raise her hand while so swearing, or, apparently, to properly verify the amended complaint alleging essentially the same facts as the first, excepting that the year of conception was corrected, were minor procedural defects which, in the absence of any conceivable…”
Federated Fin. Reserve Corp. v. Judy Wang (Mich. Ct. App. 2017).
· cites it 3× “For example, MCL 600.2315 provides, in pertinent part, as follows: When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following…”
Federated Fin. Reserve Corp. v. Judy Wang (Mich. Ct. App. 2017).
· cites it 3× “For example, MCL 600.2315 provides, in pertinent part, as follows: When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following…”
Jaxon Olin v. Mercy Health Hackley Campus (Mich. Ct. App. 2019).
· cites it 2× “Servitto /s/ Cynthia Diane Stephens 14 MCL 600.2315 provides: When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following…”
— Mich. Comp. Laws § 600.2315(11) — 2 cases
— Mich. Comp. Laws § 600.2315(3) — 2 cases
— Mich. Comp. Laws § 600.2315(5) — 1 case
Jaxon Olin v. Mercy Health Hackley Campus (Mich. Ct. App. 2019).
“Servitto /s/ Cynthia Diane Stephens 14 MCL 600.2315 provides: When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following…”
— Mich. Comp. Laws § 600.2315(8) — 2 cases
Federated Fin. Reserve Corp. v. Judy Wang (Mich. Ct. App. 2017).
“For example, MCL 600.2315 provides, in pertinent part, as follows: When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following…”
Federated Fin. Reserve Corp. v. Judy Wang (Mich. Ct. App. 2017).
“For example, MCL 600.2315 provides, in pertinent part, as follows: When a verdict has been rendered in a cause, the judgment thereon shall not be stayed, nor shall any judgment upon confession, or default, be reversed, impaired, or in any way affected, by reason of the following…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.