FD/FOC4021 A MOTION TO SET ASIDE AFFIDAVIT / ACKNOWLEDGMENT OF PARENTAGE (DS / FAMILY SUPPORT CASE) You must file this motion and pay the $20.00 fee in Room 928 Coleman A. Young Municipal Center Motions to set aside of Acknowledgment of Parentage or Affidavit of Parentage and terminating support must be heard before the Presiding Judge, not the Judge assigned to the case. The Presiding Judge is Richard M. Skutt Courtroom 1019 Coleman A. Young Municipal Building (formerly known as City County Building). Two Woodward Ave, Detroit MI 48226. • THIS PACKET CONTAINS THE FOLLOWING: o COVER SHEET (FD/FOC4021a) o INSTRUCTIONS: HOW TO FILE A MOTION TO SET AFFIDAVIT OF PARENTAGE (FD/FOC4021b) o MOTION-GENERIC (FD/FOC4025) o CIRCUIT COURT PRAECIPE (FD/FOC4021) o NOTICE OF HEARING-GENERIC (FD/FOC4019) o CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) o ORDER-GENERIC (FD/FOC4027) o CERTIFICATE OF MAILING TRUE COPY OF ORDER (FD/FOC4026) Do Not Mail this Motion to the Friend of the Court FD/FOC4021a (11/29/06) MOTION TO SET ASIDE AFFIDAVIT COVER SHEET American LegalNet, Inc. www.FormsWorkflow.com HOW TO FILE A MOTION TO SET ASIDE AFFIDAVIT OF PARENTAGE (DS / FAMILY SUPPORT CASE) FOR HEARING BEFORE THE JUDGE ASSIGNED TO YOUR CASE 1. This packet contains instructions and blank forms for Circuit Court Praecipe, motion, notice of hearing, certificates of mailing, and order. 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 Family Support case (DS) for support. This process cannot be used to start a new case. 5. Use these instructions only if an Acknowledgment of Parentage or Affidavit of Parentage was signed, you now believe that a different man is the biological father and you want the Acknowledgment of Parentage or Affidavit of Parentage set aside and support terminated. 6. 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. 7. 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. 8. A separate motion packet must be prepared for each case. combined in the same documents. 9. Motions to set aside Acknowledgment of Parentage or Affidavit of Parentage in family support cases (DS) must be heard before the Presiding Judge of the Family Division. 10. Complete all the case information on all forms. Write your motion. 11. 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. 12. Contact the clerk for the Presiding Judge, 1019 Coleman A. Young Municipal Building (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226, to obtain a hearing date. Do not attempt to speak with the judge personally. Judges are prohibited from discussing your case with you outside of the presence of the other party. 13. Prepare the Circuit Court Praecipe and the Notice of Hearing form. Be sure to fill in the date, time and location given to you by the Judge’s courtroom. Separate cases cannot be FD/FOC4021b (11/29/06) HOW TO FILE A MOTION TO SET ASIDE AFFIDAVIT OF PARENTAGE… (Page 1) American LegalNet, Inc. www.FormsWorkflow.com 14. Bring the original and four copies of your Motion packet (Praecipe, Motion and Notice of Hearing) to the Wayne County Clerk, 928 Coleman A. Young Municipal Building (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. 15. 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. 16. 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. 17. The clerk will stamp your original Motion Praecipe to indicate the fee has been paid. The clerk will file the original Motion packet and return the copies to you. 18. Take the Judge copy directly to the courtroom. If you do not, your motion will not be put on the hearing list. 19. Mail (serve) a complete Motion packet (Praecipe, Motion and Notice of Hearing) to the other party. Make sure you include copies of any additional pages you have written in the copy packet you send to the other party. You must mail the Motion packet at least nine days before the hearing or your motion will not be heard. a. If you do not have the address of the other party, you may obtain the address at the Friend of the Court on the 2nd floor of the Penobscot Building, 645 Griswold, Detroit, Mi 48226. b. If the address is marked as confidential in the Friend of the Court records, then the Friend of the Court will mail the packet to the other party. You will need to leave a copy of the packet with the Friend of the Court if this occurs. 20. Before the hearing date, complete the certificate of mailing and file it with the Wayne County Clerk, in room 201 Coleman A. Young Municipal Center, (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. 21. Bring a copy of your packet and certificate of mailing with you to the hearing. 22. 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. 23. After the hearing: a. b. 24. You are responsible for preparation of an Order. If the judge agrees, the attached form order may be completed after the hearing and presented for signature. You must prepare an original and 4 copies for the court to complete for the Friend of the Court, you and the other party. You are responsible for mailing a True Copy of the Order to the other party after the hearing and filing a certificate of mailing. The court will keep the Friend of the Court copy and send it to Friend of the Court. FD/FOC4021b 11/29/06) HOW TO FILE A MOTION TO SET ASIDE AFFIDAVIT OF PARENTAGE… (Page 2) American LegalNet, Inc. www.FormsWorkflow.com CASE NO.: _________________ MOTION STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY For: JUDGE ____________________ 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: STIPULATION (agreement) (check one) PLAINTIFF DEFENDANT COURT-ORDERED CUSTODIAN (if different) 1. I request that the court order the following: (Write a detailed explanation.) 2. This is requested and should be ordered because: (Write a detailed explanation.) 3. We stipulate (agree) to this modification/relief as shown by our signatures below. I / WE declare that the statements above are true to the best of my / our information, knowledge and belief. Signature of Plaintiff Typed/printed name Date Signature of Defendant Typed/printed name Date Signature of Court-Ordered Custodian (if different) Typed/printed name Date FD/FOC4025 (7/04) MOTION American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY REQUEST FOR HEARING ON A MOTION (PRAECIPE) ORDER/JUDGMENT CASE NO. 2 Woodward Avenue, Detroit, MI 48226 Plaintiff name(s) Defendant name(s) V Plaintiff attorney, bar no., address and telephone no. Defendant attorney, bar no., address and telephone no. List additional attorneys on other side 1. Motion Title: 2. Moving Party: 3. Please place on the motion calendar for: Telephone No. Judge Bar No. Adj. to: Adj. to: 4. Date Time Adj. to: I certify that I have made personal contact with on regarding concurrence in relief sought in this motion and that concurrence has been denied or that I have made reasonable and diligent attempts to contact counsel regarding concurrence with motion. Date Attorney Bar No. P- ORDER / JUDGMENT DATED 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 Approved as to form and substance by Counsel for: Plaintiff Defendant Date FILE EITHER IN PERSON OR BY MAIL WITH: CATHY MARIE GARRETT WAYNE COUNTY CLERK 928 COLEMAN A YOUNG MUNICIPAL CENTER DETROIT, MI 48226 FD/FOC4021 (07/04) PRAECIPE FOR JUDGE HEARING American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY NOTICE OF HEARING Case Number: TWO WOODWARD AVE., DETROIT, MI 48226 Plaintiff's name, address, and telephone no. Defendant's name, address and telephone no. V A hearing will be held on this motion BEFORE THE ASSIGNED JUDGE as follows: Date: _______________________________________ Time: _______________________________________ before Judge: _______________________________________ Location: _______________________________________ in the Coleman A. Young Municipal Center, (Formerly City-County Building) Two Woodward Avenue, Detroit, Michigan 48226 A hearing will be held on this motion BEFORE THE ASSIGNED REFEREE as follows: Date: _______________________________________ Time: _______________________________________ before Referee: _______________________________________ Location: _______________________________________ in the Penobscot Building, 645 Griswold Detroit, Michigan 48226 A hearing will be held on this motion after screening and/or investigation. The Friend of the Court will schedule the hearing. The Friend of the Court will send scheduling notices to both parties before the hearing. Date FD/FOC4019 (03/03) Signature NOTICE OF HEARING (GENERIC) American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CERTIFICATE OF MAILING RE: MOTION & NOTICE OF HEARING Case Number: TWO WOODWARD AVE., DETROIT, MI 48226 Plaintiff's name, address, and telephone no. Defendant's name, address and telephone no. V I certify that on this date I served the other party with a copy of the attached motion and notice of hearing by ordinary mail with firstclass postage fully pre-paid, addressed to the person at the address indicated on the motion. Date Signature FD/FOC4020 (03/03) CERTIFICATE OF MAILING-MOTION & NOTICE OF HEARING American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CASE NO.: _________________ ORDER For: JUDGE ____________________ COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI 48226 Plaintiff's name, address and phone no. Defendant's name, address and phone no. VS At a session of Court in Detroit, MI on: __________________ PRESENT: HON. __________________ THE COURT FINDS: IT IS ORDERED: CIRCUIT JUDGE FD/FOC4027 (03/03) ORDER American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CERTIFICATE OF MAILING RE: ORDER Case Number: COURT ADDRESS: TWO WOODWARD AVE., DETROIT, MI 48226 Plaintiff's name, address, and telephone no. Defendant's name, address and telephone no. VS I certify that, on this date, I served the other party with a copy of the attached TRUE COPY of the Order which was entered on ________________________ by ordinary mail with first-class postage fully pre-paid, addressed to the other party to the case at the DATE following address: Name of person the Order was sent to: __________________________________________________________ Mailing Address: ____________________________________________________________________________ Date Signature FD/FOC4026 (03/03) CERTIFICATE OF MAILING OF ORDER/TRUE COPY American LegalNet, Inc. www.FormsWorkflow.com