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
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 2.004 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 48226. 14. 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 48226. FD/FOC4037b (07/18/13) HOW TO FILE A MOTION--JUDGE HEARING (Page 1)
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 48226. 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 48226. 20. 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)
Fr: MOTION CASE NO.: JUDGE COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI 48226 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
REQUEST FOR HEARING ON A MOTION CASE NO. (PRAECIPE) ORDER/JUDGMENT 2 Wdward Avenue, Detrit, MI 48226 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 48226 * 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
NOTICE OF HEARING Case Number: TWO WOODWARD AVE., DETROIT, MI 48226 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 48226 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 48226 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)
CERTIFICATE OF MAILING RE: MOTION & NOTICE OF HEARING Case Number: TWO WOODWARD AVE., DETROIT, MI 48226 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
Fr: ORDER CASE NO.: JUDGE COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI 48226 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
CERTIFICATE OF MAILING RE: ORDER Case Number: COURT ADDRESS: TWO WOODWARD AVE., DETROIT, MI 48226 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