FD/FOC4037 USE THIS MISCELLANEOUS MOTION PACKET FOR

Transcription

1 FD/FOC4037 USE THIS MISCELLANEOUS MOTION PACKET FOR THE FOLLOWING MOTIONS THAT MUST BE HEARD BY THE JUDGE, NOT THE REFEREE. THESE INCLUDE: Mtins regarding all spusal supprt issues, pst judgment, in all cases. Mtins t set aside r btain relief frm Judgment in DM, DO, DZ and DC cases Mtins regarding change f dmicile (includes ut f state and 100 mile requests) Mtins regarding enfrcement f prperty issues in judgment. Mtins regarding any and all ther legal issues, including statute f limitatins issues. D nt use this packet fr custdy, parenting time r child supprt mdificatins. THIS PACKET CONTAINS THE FOLLOWING: COVER SHEET (FD/FOC4037a) INSTRUCTIONS: HOW TO FILE A MOTION FOR HEARING BEFORE ASSIGNED JUDGE (FD/FOC4037b) MOTION-GENERIC (FD/FOC4025) CIRCUIT COURT PRAECIPE (FD/FOC4021) NOTICE OF HEARING-GENERIC (FD/FOC4019) CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) ORDER-GENERIC (FD/FOC4027) CERTIFICATE OF MAILING TRUE COPY OF ORDER (FD/FOC4026) FD/FOC4037a (07/18/13) COVER SHEET-JUDGE HEARING

2 HOW TO FILE A MOTION FOR HEARING BEFORE THE JUDGE 1. This packet cntains instructins and blank frms fr Circuit Curt Praecipe, mtin, ntice f hearing, certificates f mailing, and rder. 2. By using this frm packet yu are representing yurself in a curt actin. In rder t receive the actin yu are asking fr, yu must fllw these instructins. Yu may be required t cnduct legal research in rder t prceed. Curt persnnel are prhibited frm prviding legal advice. If yu fail t d even ne f the required steps, yur Mtin may nt be prcessed. 3. All dcuments must be typed r written legibly using black ink, nt pencil. 4. Use these instructins nly if yu are a party t an existing case fr custdy, divrce, separate maintenance, family supprt, supprt r paternity. This prcess cannt be used t start a new case. 5. If the ther party is incarcerated, yu have certain additinal requirements that yu must meet. Please cnsult MCR r a private attrney. Indicate n yur papers fllwing the persn s name that the persn is incarcerated and in what facility he r she is being held. 6. A mtin is the dcument yu prepare t ask the curt t change the existing rder. An existing rder cannt be changed except by a new rder. 7. A separate mtin packet must be prepared fr each case. Separate cases cannt be cmbined in the same dcuments. 8. Yu must first determine the judge wh is nw assigned t yur case and verify yur case number. Yu can btain this infrmatin frm the ffice f the Wayne Cunty Clerk r the Friend f the Curt. 9. Cmplete all the case infrmatin n all frms. Write yur mtin. 10. Remember that a mtin must very specifically state what relief r mdificatin yu are requesting. It must als very specifically state why yu believe the judge shuld rule in yur favr. All relevant and necessary dcumentatin must be attached t the mtin. Sme types f relief r mdificatin have certain very specific requirements. Yu may need t research the law r cnsult an attrney. 11. Cntact the clerk fr the Judge assigned t yur case t btain a hearing date. D nt attempt t speak with the judge persnally. Judges are prhibited frm discussing yur case with yu utside f the presence f the ther party. 12. Prepare the Circuit Curt Praecipe and the Ntice f Hearing frm. Be sure t fill in the date, time and lcatin given t yu by the Judge s curtrm. 13. Bring the riginal and fur cpies f yur Mtin packet (Praecipe, Mtin and Ntice f Hearing) t the Wayne Cunty Clerk, 201 Cleman A. Yung Municipal Building (frmerly knwn as City Cunty Building), Tw Wdward Avenue, Detrit, MI Yu will be required t print ut case labels befre submitting yur Mtin. A machine is set up fr this purpse in the clerk s ffice. 15. Yu must pay a $20 Mtin fee, by cash r mney rder payable t the Wayne Cunty Clerk, in rm 201 Cleman A. Yung Municipal Center, (frmerly knwn as City Cunty Building), Tw Wdward Avenue, Detrit, MI FD/FOC4037b (07/18/13) HOW TO FILE A MOTION--JUDGE HEARING (Page 1)

3 16. The clerk will stamp yur riginal Mtin Praecipe t indicate the fee has been paid. The clerk will file the riginal Mtin packet and return the cpies t yu. 17. Take the Judge cpy directly t the curtrm. If yu d nt, yur mtin will nt be put n the hearing list. 18. Mail (serve) a cmplete Mtin packet (Praecipe, Mtin and Ntice f Hearing) t the ther party. Make sure yu include cpies f any additinal pages yu have written in the cpy packet yu send t the ther party. Yu must mail the Mtin packet at least nine days befre the hearing r yur mtin will nt be heard. a. If yu d nt have the address f the ther party, yu may btain the address at the Friend f the Curt n the 2 nd flr f the Penbsct Building, 645 Griswld, Detrit, Mi b. If the address is marked as cnfidential in the Friend f the Curt recrds, then the Friend f the Curt will mail the packet t the ther party. Yu will need t leave a cpy f the packet with the Friend f the Curt if this ccurs. 19. Befre the hearing date, cmplete the certificate f mailing and file it with the Wayne Cunty Clerk, in rm 201 Cleman A. Yung Municipal Center, (frmerly knwn as City Cunty Building), Tw Wdward Avenue, Detrit, MI Bring a cpy f yur packet and certificate f mailing with yu t the hearing. 21. Respnse frm the ther party: If yu receive a respnse t yur Mtin frm the ther party, make sure yu read it befre yu attend the hearing. Think abut what yu want t say n yur behalf. Yu may want t make ntes abut what yu will say in curt. 22. After the hearing: a. Yu are respnsible fr preparatin f an Order. If the judge agrees, the attached frm rder may be cmpleted after the hearing and presented fr signature. Yu must prepare an riginal and 4 cpies fr the curt t cmplete fr the Friend f the Curt, yu and the ther party. b. Yu are respnsible fr mailing a True Cpy f the Order t the ther party after the Order is entered and fr filing a certificate f mailing. 23. The curt will keep the Friend f the Curt cpy f the Order and send it t Friend f the Curt. FD/FOC4037b (07/18/13) HOW TO FILE A MOTION-JUDGE HEARING (Page 2)

4 Fr: MOTION CASE NO.: JUDGE COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI Plaintiff's name, address and telephne n. Defendant's name, address and telephne n. VS MOTION STIPULATION (agreement) PETITIONER is: (check ne) PLAINTIFF DEFENDANT COURT-ORDERED CUSTODIAN (if different) 1. I request that the curt rder the fllwing: (Write a detailed explanatin.) 2. This is requested and shuld be rdered because: (Write a detailed explanatin.) 3. We stipulate (agree) t this mdificatin/relief as shwn by ur signatures belw. I / WE declare that the statements abve are true t the best f my / ur infrmatin, knwledge and belief. Signature f Plaintiff Typed/printed name Date Signature f Defendant Typed/printed name Date Signature f Curt-Ordered Custdian (if different) Typed/printed name Date FD/FOC4025 (7/04) MOTION

5 REQUEST FOR HEARING ON A MOTION CASE NO. (PRAECIPE) ORDER/JUDGMENT 2 Wdward Avenue, Detrit, MI Plaintiff name(s) Defendant name(s) V Plaintiff attrney, bar n., address and telephne n. Defendant attrney, bar n., address and telephne n. List additinal attrneys n ther side 1. Mtin Title: 2. Mving Party: Telephne N. 3. Please place n the mtin calendar fr: Judge Bar N. Date Time Adj. t: Adj. t: Adj. t: 4. I certify that I have made persnal cntact with n regarding cncurrence in relief sught in this mtin and that cncurrence has been denied r that I have made reasnable and diligent attempts t cntact cunsel regarding cncurrence with mtin. Date Attrney Bar N. P- DATED ORDER / JUDGMENT IT IS ORDERED THAT THIS MOTION IS: DENIED GRANTED IN PART/ DENIED IN PART TAKEN UNDER ADVISEMENT DISMISSED* GRANTED AND IT IS FURTHER ORDERED AND ADJUDGED: CIRCUIT JUDGE Apprved as t frm and substance by Cunsel fr: Plaintiff FILE EITHER IN PERSON OR BY MAIL WITH: CATHY MARIE GARRETT Defendant CLERK 201 COLEMAN A YOUNG MUNICIPAL CENTER Date DETROIT, MI * NOTICE RE: REFUND OF JUDGMENT FEE UPON DISMISSAL: If this case invlves child custdy, child supprt, r parenting time and a judgment fee was paid, the payer f the judgment fee will receive a refund f the fee if the case is dismissed. FD/FOC4021 (05/13) PRAECIPE FOR JUDGE HEARING

6 NOTICE OF HEARING Case Number: TWO WOODWARD AVE., DETROIT, MI Plaintiff's name, address, and telephne n. Defendant's name, address and telephne n. V A hearing will be held n this mtin BEFORE THE ASSIGNED JUDGE as fllws: Date: Time: befre Judge: Lcatin: in the Cleman A. Yung Municipal Center, (Frmerly City-Cunty Building) Tw Wdward Avenue, Detrit, Michigan A hearing will be held n this mtin BEFORE THE ASSIGNED REFEREE as fllws: Date: Time: befre Referee: Lcatin: in the Penbsct Building, 645 Griswld Detrit, Michigan A hearing will be held n this mtin after screening and/r investigatin. The Friend f the Curt will schedule the hearing. The Friend f the Curt will send scheduling ntices t bth parties befre the hearing. Date Signature FD/FOC4019 (03/03) NOTICE OF HEARING (GENERIC)

7 CERTIFICATE OF MAILING RE: MOTION & NOTICE OF HEARING Case Number: TWO WOODWARD AVE., DETROIT, MI Plaintiff's name, address, and telephne n. Defendant's name, address and telephne n. V I certify that n this date I served the ther party with a cpy f the attached mtin and ntice f hearing by rdinary mail with firstclass pstage fully pre-paid, addressed t the persn at the address indicated n the mtin. Date Signature FD/FOC4020 (03/03) CERTIFICATE OF MAILING-MOTION & NOTICE OF HEARING

8 Fr: ORDER CASE NO.: JUDGE COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI Plaintiff's name, address and phne n. Defendant's name, address and phne n. VS At a sessin f Curt in Detrit, MI n: PRESENT: HON. THE COURT FINDS: IT IS ORDERED: CIRCUIT JUDGE FD/FOC4027 (03/03) ORDER

9 CERTIFICATE OF MAILING RE: ORDER Case Number: COURT ADDRESS: TWO WOODWARD AVE., DETROIT, MI Plaintiff's name, address, and telephne n. Defendant's name, address and telephne n. VS I certify that, n this date, I served the ther party with a cpy f the attached TRUE COPY f the Order which was entered n by rdinary mail with first-class pstage fully pre-paid, addressed t the ther party t the case at the DATE fllwing address: Name f persn the Order was sent t: Mailing Address: Date Signature FD/FOC4026 (03/03) CERTIFICATE OF MAILING OF ORDER/TRUE COPY