Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Motion To Set Aside Order Of Filiation And For Genetic Testing On Your Paternity Case Package Form. This is a Michigan form and can be use in Wayne Local County.
Loading PDF...
Tags: Motion To Set Aside Order Of Filiation And For Genetic Testing On Your Paternity Case Package, FD-FOC 4038, Michigan Local County, Wayne
FD/FOC4038
A MOTION TO SET ASIDE ORDER OF FILIATION AND
FOR GENETIC TESTING ON YOUR PATERNITY CASE
(DP)
You must file this motion and pay the $20.00 fee in
Room 928 Coleman A. Young Municipal Center
Motions to set aside Order of Filiation and for Genetic Test
on a DP (Paternity) case must be heard before the
Presiding Judge, not the judge assigned to the case.
o
The Presiding Judge is Judge Lita M. Popke Courtroom 907
Coleman A. Young Municipal Building (formerly known as City
County Building), Two Woodward Avenue, Detroit, MI 48226.
•
THIS PACKET CONTAINS THE FOLLOWING:
o
COVER SHEET (FD/FOC4038a)
o
INSTRUCTIONS: HOW TO FILE A MOTION TO SET ASIDE OFIL
(FD/FOC4038b)
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/FOC4038a
(3/05)
COVER SHEET-ORDER OF FILIATION/JUDGE MOTION
American LegalNet, Inc.
www.FormsWorkflow.com
HOW TO FILE A MOTION TO SET ASIDE ORDER OF FILIATION AND FOR GENETIC
TESTING, TO BE SET FOR HEARING BEFORE THE PRESIDING JUDGE
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 paternity (DP) case. This process
cannot be used to start a new case
5.
Use these instructions if you believe that the child of the case is not your child and your motion
is requesting genetic testing, and to set aside the Order of Filiation and termination of your
child support if you are found not to be the father.
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 Order of Filiation and for Genetic Test on a DP case must be heard before
the Presiding Judge, not the judge assigned to your case.
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, 907 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.
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.
FD/FOC4038b
(3/05)
Separate cases cannot be
HOW TO FILE A MOTION-ORDER OF FILIATION/JUDGE HEARING (Page 1)
American LegalNet, Inc.
www.FormsWorkflow.com
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/FOC4038b
(3/05)
HOW TO FILE A MOTION-ORDER OF FILIATION/JUDGE HEARING (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
Defendant's name, address and telephone no.
Plaintiff'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
REQUEST FOR HEARING ON A MOTION
(PRAECIPE)
ORDER/JUDGMENT
STATE OF MICHIGAN
THIRD JUDICIAL CIRCUIT
WAYNE COUNTY
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
FILE EITHER IN PERSON OR BY MAIL WITH:
CATHY MARIE GARRETT
WAYNE COUNTY CLERK
928 COLEMAN A YOUNG MUNICIPAL CENTER
DETROIT, MI 48226
Defendant
Date
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
Defendant's name, address and phone no.
Plaintiff'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
