FD/FOC 4038 (5/16/18) 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 201 Coleman A. Young Municipal Center IF MOTION IS GRANTED THE GENETIC TESTING COST IS $340 T here is NO fee waiver for this cost Motions to set aside Order of Filiation and/or for Genetic Test on a DP (Paternity) case must be heard before the Presiding Judge, not the Judge assigned to the case. The Presiding Judge is Judge Kathleen M. McCarthy Courtroom 1813 Coleman A. Young Municipal Building (CAYMC), 2 Woodward Avenue, Detroit, MI 48226. Hearings on this docket are held in Courtroom 11-A at the Penobscot Building located at 645 Griswold Ave., Detroit, MI 48226. THIS PACKET CONTAINS THE FOLLOWING: o COVER SHEET (FD/FOC4038) o INSTRUCTIONS: HOW TO FILE A MOTION TO SET ASIDE ORDER OF FILIATION (FD/FOC4038) o MOTION TO SET ASIDE ORDER OF FILIATION AND/OR FOR GENETIC TESTING (FD/FOC4038) o CIRCUIT COURT PRAECIPE (FD/FOC4145) o CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) Do Not Mail this Motion to the Friend of the Court American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4038 (5/16/18) 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, and Certificate of Mailing. 2. By using this form packet you are representing yourself in a court action. In order to get the relief you are asking for, you must follow these instructions. Court staff cannot give legal advice. If you fail to do even one of these steps, your Motion may not move forward. 3. All documents must be typed or written neatly using black or blue ink.l. 4. Use these instructions only if you already have a paternity (DP) case. This process cannot be used to start a new case. 5. Use these instructions if you think that the child of the case is not your child and your motion is asking for genetic testing, to set aside the Order of Filiation, and to stop your child support if you are found not to be the father. 6. If the other party is in jail or prison, please read MCR 2.004 or seek the advice of an attorney. Write on your papers next to the person222s name that the person is in jail or prison and where he or she is being held and their prison identification number if you have it. 7. A motion is the papers you fill out to ask the court to change the current Order. A current order cannot be changed except by a new Order. 8. If you have more than one case, a separate motion packet must be done for each case. Separate cases cannot be 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 the Circuit Court Praecipe by filling it out completely including talking about the motion with the other side to see if you both agree. Leave the date of the hearing blank as the Presiding Judge222s courtroom will choose the court date. 11. Remember that a motion must specifically state what you are asking for and why. All papers and evidence that helps your case must be attached to the motion. Some types of relief or requests have very specific requirements. You may need to research the law or consult an attorney. 12. Bring the original and FOUR copies of your Motion packet (Praecipe, Motion and Notice of Hearing) to the Wayne County Clerk, 201 Coleman A. Young Municipal Building (CAYMC), 2 Woodward Avenue, Detroit, MI 48226. 13. You will need to print out case labels before filing your Motion. There is a label maker in the clerk222s office (Room 201 CAYMC). 14. You must pay a $20 Motion fee in room 201 Coleman A. Young Municipal Center (CAYMC), 2 Woodward Avenue, Detroit, MI 48226. The County Clerk222s Office takes cash, debit cards, MasterCard, American Express, and Discover credit cards; and, money orders made payable to the Wayne County Clerk. 15. The clerk will stamp your original Motion Praecipe to show the fee has been paid. The clerk will file the original Motion packet and give the copies to you. 16. Take the Judge copy directly to courtroom 1813 CAYMC. If you do not, your motion will not be set for hearing. American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4038 (5/16/18) 17. Mail (serve) a complete Motion packet (Praecipe and Motion) to the other party. Make sure you include copies of any extra pages you have written in the packet you send to the other party. You must mail the Motion packet at least nine (9) 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 get the address at the Friend of the Court Customer Service area located on the 1st floor of the Penobscot Building, 645 Griswold, Detroit, MI 48226. b. If the address is marked 223confidential224 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. 18. You and the other party will get a Notice of Hearing in the mail with your court date. 19. Bring a copy of your packet to the hearing. 20. Response from the other party: If you get a response to your Motion from the other party, make sure you read it before you come to the hearing. Think about what you want to say. You may want to make notes about what you will say in court. 21. If genetic testing is granted the cost is $340 (for one child, plus $100 for each extra child) no matter what the outcome of the test is. Bring a Money Order made out to DNA Diagnostic Center for $340. If all parties and child appear you may get a genetic test on the day of your motion hearing. There is NO fee waiver for this cost. American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4038 (5/16/18) STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY MOTION TO SET ASIDE ORDER OF FILIATION AND/OR FOR GENETIC TESTIN G CASE NO.: DP JUDGE COURT ADDRESS: 2 WOODWARD AVENUE, DETROIT, MI 48226 Plaintiff222s name, address, telephone no. , and email: VS Defendant222s name, address, telephone no. , and email: I / We hereby verify to the Court the following: 1. I am filing this motion about this child: Child222s Name: Child222s Date of Birth: Child222s Name: Child222s Date of Birth: 2. A default order of filiation exists in this case: (check one) Yes No (If no, explain your requested relief on an extra page) 3. I am: (check one) The mother The affiliated father (i.e., the defendant in this case) An alleged father (i.e., man who could have fathered the child) Neither applies to my situation. Explain. 4. One of the following is true: (check one) The child is less than three years old. The child222s date of birth is:. Not more than one year has passed since the Order of Filiation was signed by the Judge. The Order of Filiation was signed on (put in date) . Neither of these is true. NOTE: If you are marking this box, you must complete the attached affidavit to explain the delay in filing this Motion and have it notarized. 5. I request that the court order the following: a) Set Aside Order of Filiation, or b) Other (write a detailed explanation) I/We agree to what this motion is asking for as shown by the signature below. Signature of Movin g Party Typed/printed name Date Signature of Other Party (if in agreement) Typed/printed name Date American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4038 (5/16/18) AFFIDAVIT OF THE MOVING PARTY This child is older than three (3) years of age or more than one (1) year has passed since the Order of Filiation was entered against me. I am asking that this Court to extend the time period for filing this motion because: (check one 226 use more sheets if necessary) There has been a mistake of fact. Explain . There has been newly discovered evidence that led me to file this motion. Explain . There has been fraud. Explain . There has been misrepresentation or misconduct by . Explain . There was duress that prevented me from filing the motion. Explain . Signature of Moving Party Typed/pr