Limits & Logistics
Document Limits
Courtesy Copies
Reconsideration Motions, Rehearing Motions
- 1 copy
Adjournments
- A motion adjournment must be stipulated to by both parties.
- A request to adjourn a trial must be made by written motion; stipulated orders may be considered, and all adjournment orders must comply with MCR 2.503.
Request must include
Communication
Phone
Chambers
Document Filing Requirements34 rules
Insurance provisions as required by MCL 552.101. MCR 3.211(B)(1).
A release of dower rights. MCL 552.101(1).
Include
- •A release of dower rights
Each separate subject in a Judgment or Order is set forth in a separate paragraph with an appropriate heading. MCR 3.211(A).
Jurisdictional language and language concerning breakdown of the marriage.
Determination of rights in pension, annuity, and retirement benefits. MCL 552.101(4); MCR 3.211(B)(2).
A determination of the personal property rights of the parties. MCL 552.103; MCR 3.211(B)(3).
Legal Description: _____ Included _____ Omitted PAGE ______
A provision granting, reserving or denying spousal support. MCL 552.13(1); MCR 3.211(B)(4).
Standard waiver of rights to life insurance after entry of judgment and a reminder for the parties to change beneficiary designations.
A determination of the real property rights of the parties. MCL 552.103; MCR 3.211(B)(3).
The provision against moving the domicile or residence of the child(ren) without judicial consent. MCR 3.211(C)(1).
The judgment incorporates by reference a Uniform Support Order.
The judgment should include the specified restriction on parenting time in a nation that is not a party to the Hague Convention unless both parents provide written consent to the Court.
Court's wording
Per MCL 722.27a, the following provision “Neither parent shall exercise parenting time in a nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction unless both parents provide the Court with written consent to allow parenting time in a nation that is not a party to this convention.”
If no spousal support or child support is ordered, a statement that support is reserved or spousal support is not ordered. MCR 3.211(D)(2)(b).
The provision for the necessity of supplying the FOC with a written change of address for the child(ren). MCR 3.211(C)(2).
The latest version of the Uniform Support Order drafted by the state court administrative office. MCR 3.211(D)(1).
A judgment or order awarding custody of a minor must include the specified provision restricting a change in the child’s legal residence.
Court's wording
The provision regarding change of legal residence of the child(ren). 1970 PA 91, MCL 722.31, as amended. This provision must read: “A parent whose custody or parenting time of a child is governed by this Order shall not change the legal residence of the child to more than 100 miles from the child’s legal residence at the time of the commencement of the action except in compliance with Section 11 of the Child Custody Act of 1970.”
A parenting time provision. MCL 722.27a.
Include
- •A parenting time provision
The statement declaring the children’s inherent rights and establishing the rights and duties regarding children’s custody, support and parenting time. MCL 722.24(1).
The judgment must include a statement addressing whether it resolves the parties’ last pending claim and closes the case, using one of the provided options.
Court's wording
21. The required statement regarding whether the judgment resolves the last pending claim of the parties and closes the case. MCR 2.602(A)(3). _____ Included _____ Omitted _____ Incomplete PAGE ______ Option 1: “As of this date, this Judgment disposes of the last pending claim between the parties and closes the case.” Option 2: “Except for issues which remain under the court’s continuing jurisdiction such as 1) child custody; 2) child support; 3) parenting time; and 4) alimony (only if not alimony in gross), which both parties expressly agree is subject to modification, this Judgment disposes of the last pending claim between the parties as of this date and closes the case.”
***PLEASE AMEND AND RESUBMIT. INCLUDE A COPY OF THIS NOTICE WITH YOUR AMENDED ORDER/JUDGMENT.***
An order to withdraw or substitute counsel must be signed by all parties or their representatives and include the new attorney’s contact information, or the unrepresented party’s contact information.
Court's wording
Orders to withdraw/substitution of counsel: Just like all consent orders, the orders must possess signatures by all parties (Plaintiff and Defendant) or their representative – not merely one side. The new attorney's contact information (or the party’s contact information if the party is unrepresented by counsel) must be provided in the order to withdraw or substitute.
For a domestic relations motion, consult the docket directive to determine the hearing location and file the corresponding FOC or Judge’s praecipe.
Court's wording
Proper place for hearing to be held. Some domestic relations motions are handled first by the Friend of the Court Referee and others will be set directly with the Judge. Please refer to the docket directive to ascertain where your hearing should be held and file either an FOC praecipe or a Judge’s praecipe.
A request for judgment with minor children before six months from filing must be made by written motion alleging specific unusual hardship or compelling necessity; a blanket best-interest allegation is insufficient.
Court's wording
MCL 552.9f, MCR 3.210. Any request for entry of judgment with minor children prior to the expiration of six months from the date of filing must be made by written motion and present specific allegations of unusual hardship or compelling necessity; a blanket allegation declaring that expediting the divorce is in the best interest of the minor children is insufficient.
True copies. The court clerk will process the original plus four true copies of each order signed, or as many true copies as there are parties, whichever is greater. Attorneys/litigants must present copies for processing, as the clerks will not be able to make copies.
A stipulated order must be presented to the court before the order will be adjourned.
Motion to settle orders. A transcript of the proceeding in which an agreement or ruling was made on the record must be presented with the motion.
Ex Parte Orders. Ex parte orders presented for entry at the outset of the case will only be granted upon presentation of an affidavit or verified pleading with specific allegations that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action.
Signatures. Generally, original signatures must appear on all orders.
Appearances. Attorneys should file an appearance in all cases, in addition to filing a pleading or other paper in the case. A separate appearance is required for the county clerk to add an attorney to the distribution list in order to receive electronic notifications such as notices of hearing and orders.
The original motion for reconsideration should be filed with the County Clerk's office in CAYMC room 201.
To have orders returned by mail after entry, provide a return envelope; otherwise, true copies are held in the courtroom pickup box for two weeks and discarded if not collected within 14 days.
Court's wording
Return of orders. If you would like orders returned to you via mail after entry, we will do so if you provide a return envelope. If you do not attach an envelop, we will hold your true copies for two weeks in the pick up box outside of the courtroom. Because of space constraints, we cannot hold them for a longer period. If not picked up within fourteen (14) days, true copies will be discarded.
Pursuant to the Michigan Court Rules, a hearing on the motion will not be held unless ordered by the court. As such, no praecipe or notice of hearing should be filed.
Final judgments: In order to ensure that your final judgment or order is not rejected, please refer to the Judgment Approval Form checklist that the court will refer to in approving your orders.
Filing & Service rules
Filing Timing and Cure Windows
Proofs of service should be filed at or before taking a default judgment.
Proofs of service should be filed at the time of or before taking a Default Judgment, MCR 2.603.
Page 1 | Trials/Evidentiary Hearings
Service and Proof of Service Rules
Give the courtroom clerk your email; the scheduling order will be emailed after the hearing and will be the only notice of subsequent dates.
Please give the courtroom clerk your email and the scheduling order will be emailed to you after the hearing. This scheduling order sent via email will be the only notice of subsequent dates.
Page 1 | Case Management and Settlement Conferences
Parties and counsel are expected to comply with the scheduling-order dates; the order is emailed to counsel or directly to an unrepresented party.
Parties and counsel are expected to comply with all dates set forth in the scheduling order, which will be served upon counsel via email, or, when a party is unrepresented, to a party’s email directly.
Page 1 | Trials/Evidentiary Hearings
If the judgment or order refers a matter to the Friend of the Court, notices and recommendations will continue to be provided to attorneys of record for the post-judgment matter.
Attorneys, please be advised that if this Judgment/Order refers a matter to the Friend of the Court, the attorneys of record for the post-judgment matter and all notices/ recommendations will continue to be provided to you.
Civil cases
Page 3 | Friend of the Court Involvement
Courtesy Copy Requirements
A judge’s copy of a motion for reconsideration or rehearing should be brought directly to the courtroom.
A Judge's copy should be brought directly to the courtroom.
Page 1 | Motions
Adjournment & Extension Requirements
A motion adjournment must be stipulated to by both parties.
Adjournments of motions. All adjournments of motions must be by stipulation of both parties.
Page 1 | Motions
A request to adjourn a trial must be made by written motion; stipulated orders may be considered, and all adjournment orders must comply with MCR 2.503.
Adjournments. Requests to adjourn a trial must be made by written motion. Stipulated orders may be considered (see above requirements to adjourn motions). All orders for adjournment must comply with MCR 2.503.
Page 1 | Trials/Evidentiary Hearings
Chambers Communication Rules
To be excused from appearing on a motion, the moving party must call chambers by 3:00 p.m. the day before the hearing and tell the clerk the motion has been withdrawn.
To be excused by the court, the moving party must call chambers by 3:00 p.m. the day before the hearing to advise the court clerk that the motion has been withdrawn.
Page 1 | Motions
A stipulated adjournment order may be sent by fax or email only after calling the court, speaking with a staff member, and obtaining permission.
Stipulated orders for adjournments will be accepted by fax or email, but arrangements for the court to accept the stipulation should be made by first calling the court and speaking with a staff member for permission to fax or email the proposed order.
Page 1 | Motions