Motion To Transfer Your Case To Another Michigan County Package Form. This is a Michigan form and can be use in Wayne Local County.
Tags: Motion To Transfer Your Case To Another Michigan County Package, FD-FOC 4033, Michigan Local County, Wayne
FD/FOC4033 A MOTION TO TRANSFER YOUR CASE TO ANOTHER MICHIGAN COUNTY You must file this motion and pay the $20.00 fee in Room 928 Coleman A. Young Municipal Center Motions regarding transfer of your domestic relations case from Wayne County to another Michigan county must be heard before the judge assigned to your case. • THIS PACKET CONTAINS THE FOLLOWING: o COVER SHEET (FD/FOC4033a) o INSTRUCTIONS: MOTION TO TRANSFER CASE (FD/FOC4033b) o INSTRUCTIONS: HOW TO FILE A MOTION TO TRANSFER CASE (FD/FOC4033c) o MOTION-TRANSFER (FD/FOC4033) 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-TRANSFER (FD/FOC4034) o CERTIFICATE OF MAILING TRUE COPY OF ORDER (FD/FOC4026) Do Not Mail this Motion to the Friend of the Court FD/FOC4033a (07/04) TRANSFER MOTION COVER SHEET American LegalNet, Inc. www.FormsWorkflow.com SPECIFIC INSTRUCTIONS FOR MOTION FOR TRANSFER OF YOUR POST-JUDGMENT CASE TO ANOTHER COUNTY IN MICHIGAN You inquired about transferring your case to another county in Michigan. A Motion form is attached. Please read the instructions first. Your situation must meet these three requirements (as listed in Paragraph One of the motion form.) YES, all parties moved out of Wayne County more than six months ago. YES, one of the parties has lived in the proposed new county for at least six months. YES, the proposed new county is not adjacent to (touching) WAYNE COUNTY. (You cannot file a motion to transfer your case to Washtenaw County, Monroe County, Oakland County or Macomb County.) If you can answer YES to all these requirements and you follow the instructions below, your case may be closed in Wayne County and sent to the other county. Please be aware that this is a lengthy process and may take several months to complete. Collection and payment of support will be interrupted during the transfer process. HOW TO TRANSFER YOUR CASE BY FILING A MOTION 1. On the attached MOTION form, fill in the case number and both parties’ full information. 2. On the form, check the “MOTION” or “STIPULATION” box and the box(es) designating who is requesting the motion. The Plaintiff is the person who started the case in the beginning. 3. On the form, complete the rest of the information in Paragraph One. 4. Sign and date the MOTION form in the appropriate place. 5. USE THE ATTACHED INFORMATION ABOUT FILING A MOTION THAT YOU MUST SCHEDULE BEFORE THE JUDGE TO WHOM YOUR CASE IS ASSIGNED. 6. You must appear at the hearing to request transfer. You must bring a money order, made out to the proposed new County’s Clerk, in the amount of $180, with you to the hearing. If you wish to have fees waived because you are receiving Family Independence Agency benefits, bring proof that you are active FIA. 7. If the transfer is granted and you pay the transfer fee or it is waived, you must present a proposed Order to Transfer with five copies (a blank order form is attached) to the court for signature. The Order to Transfer must not address any other matters. The court will keep the original, one copy and the transfer fee money order, if applicable. They will also send one copy to FOC and return the rest of the copies to you. 8. You must serve a True Copy of the signed Order to Transfer on the other party and file a Proof of Service. 9. The court will complete the process by sending the files and the transfer fee money order to the new county’s Clerk and Friend of the Court. FD/FOC4033b (12/03) TRANSFER MOTION-INSTRUCTIONS American LegalNet, Inc. www.FormsWorkflow.com HOW TO FILE A MOTION, TO TRANSFER YOUR CASE TO ANOTHER MICHIGAN COUNTY, 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 post-judgment case for custody, divorce, separate maintenance, family support, support or paternity. This process cannot be used to start a new case or to change venue for a pre-judgment case. 5. Use these instructions if you have moved away from Wayne County to another county in Michigan (but not to Oakland County, Macomb County, Washtenaw County, or Monroe County) at least six months ago and the other party to your case no longer lives in Wayne County. 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. Separate cases cannot be combined in the same documents. 9. You must first determine the judge who is now assigned to your case and verify your case number. You can obtain this information from the office of the Wayne County Clerk or the Friend of the Court. 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 Judge assigned to your case 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/FOC4033c (07/04) TRANSFER MOTION/HOW TO FILE (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. You are responsible for preparation of an Order for Transfer if your motion is granted. If the judge agrees, the attached form order may be completed after the hearing and presented for signature. You must prepare an original and 5 copies for the court to complete for the Friend of the Court, you and the other party. b. An Order for Transfer should not address any other matters and must address transfer fee payment. c. The order will not be processed until the transfer fee, payable to the Clerk of the new county, is provided to the Wayne County clerk. Personal checks are not accepted. d. The court will keep the original Order for Transfer, two copies and the transfer fee, if applicable, send one copy to Friend of the Court and return copies to you. e. You are responsible for mailing a True Copy of the Order to the other party after the hearing and filing a certificate of mailing. 24. The court clerk will close the circuit court case and transmit the circuit court file, with the transfer fee payment if applicable, to the new county. 25. The Friend of the Court will close the case in Wayne County and send the Friend of the Court file documents and certificate of arrearage to the new county. FD/FOC4033c (07/04) TRANSFER MOTION/HOW TO FILE (Page 2) American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY MOTION / STIPULATION FOR TRANSFERRING CASE (Post-Judgment) CASENO.: JUDGE: Court Address: Two Woodward Avenue, Detroit, MI 48226 Plaintiff's name, address and phone no. Defendant's name, address and phone no. VS MOTION 1. The plaintiff, STIPULATION (agreement) defendant, court-ordered custodian (if different), request(s) transfer of this case to: County. All of the following statements are (and must be) true. a. This transfer is requested on the basis of residence and for the convenience of the parties and is in the best interests of the minor child(ren) because: b. All parties have resided outside Wayne County for more than six months. c. ____ _____________ Name of party has resided in the county to which the transfer is requested for at least six months. d. The county to which the transfer is requested does not touch WAYNE COUNTY. 2. We stipulate (agree) to the transfer of this case as shown by our signatures below. 3. I unsuccessfully requested the agreement of the other party and therefore only I have signed this motion. 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/FOC4033 (03/03) TRANSFER 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 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 Signature (03/03) 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 first-class 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 ORDER TO CHANGE VENUE AND TRANSFER DOMESTIC RELATIONS CASE (Post-Judgment) CASE NO.: 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: 1. That, pursuant to MCR 3.212, it is appropriate to change venue and transfer this case, upon petition OR court’s own motion, to the county of residence of the party or parties, County, MI. THEREFORE: IT IS ORDERED that venue be changed to and this case be transferred forthwith to: County, MICHIGAN. (the new county) IT IS ORDERED that this case is closed in Wayne County, MI as of the date of entry of this order and the new county’s circuit court is vested with jurisdiction over further proceedings in this action. IT IS ORDERED that the transfer fee of $180 be paid and has been submitted _________% by Plaintiff and _____% by Defendant, to Wayne County Court Clerk, in the form of a money order payable to the new county’s Clerk of the Court. OR IT IS ORDERED that transfer fees are waived pursuant to MCR 3.212(D). IT IS ORDERED that the Friend of the Court determine arrears, if any, and certify them to the new county’s Friend of the Court, to which this case is transferred. IT IS ORDERED that Friend of the Court send the Wayne County Friend of the Court file to the new county’s Friend of the Court, to which this case is transferred, with the certification of arrears. IT IS ORDERED that the balance of all orders previously entered in this case remain in full force and effect, except as modified by this order. CIRCUIT JUDGE FD/FOC4034 (12/03) TRANSFER ORDER American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CERTIFICATE OF MAILING Case Number: RE: ORDER 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 DATE party to the case at the 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