FD/FOC4030 MOTION, FOR HEARING BEFORE THE ASSIGNED REFEREE. You must file this motion and pay the $20.00 fee in Room 928 Coleman A. Young Municipal Center • These motions regard financial issues, such as modification of income withholding, credit for direct payment, parenting time credit and support enforcement issues. • Do not use this packet for custody, parenting time or support modifications. • THIS PACKET, “MOTION, FOR HEARING BEFORE ASSIGNED REFEREE”, CONTAINS THE FOLLOWING: o COVER SHEET (FD/FOC4030a) o INSTRUCTIONS: HOW TO FILE A MOTION FOR HEARING BEFORE THE REFEREE (FD/FOC4030b) o MOTION-GENERIC (FD-FOC4025) o FRIEND OF THE COURT PRAECIPE (FD/FOC4004) o DOMESTIC RELATIONS JUDGES / REFEREES IN PRO PER (FD/FOC4030c) Do Not Mail this Motion to the Friend of the Court FD/FOC4030a (03/07) COVER SHEET/MOTION, FOR HEARING BEFORE THE ASSIGNED REFEREE American LegalNet, Inc. www.FormsWorkflow.com HOW TO FILE A MOTION FOR HEARING BEFORE THE REFEREE 1. This packet contains instructions and blank forms for Friend of the Court Praecipe and motion. 2. By using this form packet you are representing yourself in a court action. In order to receive the action you are asking for, you must follow these instructions. You may be required to conduct legal research in order to proceed. Court personnel are prohibited from providing legal advice. If you fail to do even one of the required steps, your Motion may not be processed. 3. All documents must be typed or written legibly using black ink, not pencil. 4. Use these instructions only if you are a party to an existing case for custody, divorce, separate maintenance, family support, support or paternity. This process cannot be used to start a new case. 5. If the other party is incarcerated, you have certain additional requirements that you must meet. Please consult MCR 2.004 or a private attorney. Indicate on your papers following the person’s name that the person is incarcerated and in what facility he or she is being held. 6. A motion is the document you prepare to ask the court to change the existing order. An existing order cannot be changed except by a new order. 7. A separate motion packet must be prepared for each case. Separate cases cannot be combined in the same documents. 8. You must first determine the judge and Referee who are now assigned to your case. You can obtain this information from the office of the Wayne County Clerk or the Friend of the Court. 9. Complete all the case information on all forms. Write your motion. 10. Remember that a motion must very specifically state what relief or modification you are requesting. It must also very specifically state why you believe the judge should rule in your favor. All relevant and necessary documentation must be attached to the motion. Some types of relief or modification have certain very specific requirements. You may need to research the law or consult an attorney. 11. Prepare the Friend of the Court Praecipe form. Fill in everything EXCEPT the date, time and location of hearing. For date, time and location write: To be set by the Friend of the Court. 12. Bring the original and four copies of your Motion packet (Praecipe and Motion) to the Wayne County Clerk, 928 Coleman A. Young Municipal Building (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. 13. You will be required to print out case labels before submitting your Motion. A machine is set up for this purpose in the clerk’s office. 14. You must pay a $20 Motion fee, by cash or money order payable to the Wayne County Clerk, in room 928 Coleman A. Young Municipal Center, (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. 15. The clerk will stamp your Motion Praecipe to indicate the fee has been paid. The clerk will keep and file the original Motion packet. The clerk will keep the Friend of the Court packet and return the rest of the copies to you. American LegalNet, Inc. www.FormsWorkflow.com 16. The Circuit Court Clerk’s office will send the Friend of the Court packet, by special courier, to the Penobscot Building to be placed on the Referee’s schedule. Do not bring a copy to the Penobscot Building. 17. The Friend of the Court will mail a copy of your motion to the other party in the case. 18. The Friend of the Court will notify you and the other party when and where the motion will be heard. 19. Bring a copy of your packet with you to the hearing. 20. Response from the other party: If you receive a response to your Motion from the other party, make sure you read it before you attend the hearing. Think about what you want to say on your behalf. You may want to make notes about what you will say in court. 21. After the hearing: a. You will receive a copy of the Referee’s Recommendation and Order. If no Objections are filed within 21 days the referee’s recommendation will become a final order. b. If you object to the Referee’s Recommendation and order you must file written objection within 21 days. Specific instructions for filing an objection will be mailed to you with a Referee’s Recommendation and Order. 22. The court will keep the Friend of the Court copy and send it to Friend of the Court. FD/FOC4030b (3/07) INSTRUCTIONS-REFEREE HEARING MOTION (Page 2) American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CASE NO.: _________________ MOTION JUDGE ____________________ For: COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI 48226 Plaintiff’s name, address and telephone No. Defendant’s name, address and telephone no. VS MOTION PETITIONER is: (check one) PLAINTIFF DEFENDANT COURT-ORDERED CUSTODIAN (if different) 1. I request that the court order the following: (Write a detailed explanation. Use additional sheet if necessary) 2. This is requested and should be ordered because: (Write a detailed explanation. Use additional sheet if necessary). Date:___________________________ _________________________________________ Signature of Party Filing Motion DO NOT WRITE BELOW THIS LINE * PROOF OF SERVICE * FOR FRIEND OF THE COURT USE ONLY I certify I mailed a copy of this Motion and Hearing Notice to the parties at their Friend of the Court addresses of record on this date. Date:__________________________ Signature:____________________________________ FD/FOC4025 (10/04) MOTION FOR HEARING BEFORE ASSIGNED REFEREE PLEASE ATTACH THIS PRAECIPE TO COMPLAINT, COUNTERCLAIM OR MOTION American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN COUNTY OF WAYNE PRAECIPE FOR MOTION NOTICE OF HEARING THIRD JUDICIAL CIRCUIT CERTIFICATE OF SERVICE FAMILY DIVISION CASE NO. Court address: Penobscot Building--645 Griswold, Detroit, Michigan 48226 Court telephone no. (313) 224-5300 FILE WITH FRIEND OF THE COURT ONLY CERTIFICATION ________________________________________________ Plaintiff I certify that the attached pleading is in compliance with MCR 2.114. ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ (Signature): _______________________________________ Attorney for Petitioner Employer: ________________________________________ Date: _______________________________ 20_________ Address:_________________________________________ Social Security No.: ________________________________ VS. ________________________________________________ Defendant ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ Employer: ________________________________________ Address:_________________________________________ Social Security No.: ________________________________ TO OFFICE OF FRIEND OF THE COURT, 645 GRISWOLD, DETROIT, MICHIGAN 48226 Please place a Motion for (state Motion title) on Domestic Relations Motion Calendar for at (Date) . (Time) or REFEREE This action has been assigned to JUDGE (Name) . (Name) Where to be heard . NOTICE TO ATTORNEYS: Atty. for Petitioner: The notice of hearing on MISCELLANEOUS motions and Attorneys’ orders to show cause shall give the time, date and place of hearing. Address: A proof of service of the motion and notice of the hearing shall be available at the time of hearing. Telephone No.: Atty. for Opposite Party Address: Please attach copy of Complaint, Counterclaim or Motion, to Praecipe. Telephone No.: Adjourned to: Disposition: Adjourned to: Adjourned to: FD/FOC4004 (07/29/02) PRAECIPE FOR MOTION / NOTICE OF HEARING / CERTIFICATE OF SERVICE American LegalNet, Inc. www.FormsWorkflow.com DOMESTIC RELATIONS JUDGES / REFEREES IN PRO PER HEARING SCHEDULE JUDGE JUDGE’S COURTROOM REFEREE PENOBSCOT COURTROOM Megan Maher Brennan Richard B. Halloran 1821 CAYMC 1807 CAYMC Lynn A. Ruhlman 555 Penobscot Bill Callahan Amy Hathaway 1813 CAYMC 1001 CAYMC Kenneth M. Ross 254 Penobscot Richard M. Skutt Arthur J. Lombard 1019 CAYMC 1913 CAYMC Allen F. Pease 654 Penobscot Deborah Ross Adams Maria L. Oxholm 1921 CAYMC 901 CAYMC David J. Calandro 655 Penobscot Kathleen McCarthy Lita M. Popke 1507 CAYMC 907 CAYMC Rosanne S. Hostnik 554 Penobscot Muriel Hughes Charlene Elder 1401 CAYMC 1701 CAYMC 251 Penobscot American LegalNet, Inc. www.FormsWorkflow.com