COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA CHANGING AN EX PARTE ORDER - Forms and Instructions Plaintiff(s) GENERAL INSTRUCTIONS -against- : These forms are for people who have been served with an ex parte :order and want to object to and change that order. Carefully read and follow all of the instructions before filling out the forms so that you understand the rights and duties of all parties. : Defendant(s) : You . . . . .act.immediately.. The.law requires that.you file an .objection and/or motion within 14 days after you . . must . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . are served with the ex parte order. After you file the objection and/or motion, the Friend of the Court is required to attempt to resolve the dispute. The law requires the Friend of the Court to do this within 14 days after they receive your objection. If the dispute cannot be resolved by the Friend of the Court, the matter will be THE PEOPLE Friend of the Court for a hearing. scheduled by the OF THE STATE OF NEW YORKYou may represent yourself at the hearing or have an attorney represent you. The Friend of the Court office does not have to make an investigation or report unless TO ordered by the court to do so. The Friend of the Court does not represent either party at this hearing. Included in these instructions are steps which will help you: GREETINGS: • File and send an “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR WE COMMAND YOU, MODIFY” form, see Section A.that all business and excuses being laid aside, you and each of you attend before , the Honorable a court hearing. at the Court • Get ready for located at County of • Complete the “ORDER MODIFYING EX PARTE ORDER” after the hearing, see Section C. in room , on the day of , 20 , at o'clock in the noon, and at any recessed • orGet approval, file, and serve the “ORDER MODIFYING EX PARTE ORDER”, see Section D. adjourned date, to testify and give evidence as a witness in this action on the part of the Section A: Completing an “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY" form (FOC Form 61): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a If you want to object to the ex parte order or ask the court to rescind (set aside) or modify the ex parte order, result of your failure to comply. you must file an “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY" form. Witness, Honorable Court in County, , one of the Justices of the day of , 20 Completing the “OBJECTION AND MOTION” Section on the “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY” form (FOC Form 61): Step 1: Step 2: Step 3: Step 4: Locate the “OBJECTION TO EX PARTE ORDER(Attorney must sign above and type name below) AND MOTION TO RESCIND OR MODIFY” form. a. Print or type your case number in the upper right-hand corner. Attorney(s) is the b. From your court papers, identify who is the plaintiff and who for defendant. Fill in the names, current addresses, telephone numbers, and social security numbers for yourself and the other party in the boxes provided. Fill in the names and addresses of the attorneys if there are any. Office Put your name on the “Name of the party filing motion” line. and P.O. Address Put an “X” in one or more of the boxes in item 2 to show that you object to the custody, visitation, or support order. Write in the reasons why you think the order should be changed. When you have completed these steps, fill in the dateTelephone No.: and sign your name. Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 1 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. Completing the “NOTICE OF HEARING” Section on the “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY” form (FOC Form 61): : Plaintiff(s) JUDICIAL SUBPOENA Step 1: -againstBefore you can complete this section, you must get a hearing date, time, and location from: : [ ] : Step 2: Be sure to get the following information: a. Name of the Judge or Referee : b. Date the hearing is to be held c. Time of the hearing Defendant(s) : . . . . . . . . d. . .Where . . . hearing. is.going.to.be. held. .(City,.building, room, etc.) . . . . . . . the . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3: Print or type this information in the blanks on the form. Completing the “CERTIFICATION OF MAILING” Section on the “OBJECTION TO EX PARTE ORTHE PEOPLE OF THE STATE OF NEW YORK DER AND MOTION TO RESCIND OR MODIFY” form (FOC Form 61): TO There are court rules which must be followed which make sure that the other person knows about the hearing. The “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY” form must be mailed at least 9 days before the hearing date. GREETINGS: Step 1: Make sure that you have the all business and excuses being laid aside, out and each of you WE COMMAND YOU, thatoriginal form which you have been fillingyou and one copy forattend before each , the Honorable of the following: the other person, each attorney (if any), the Friend of the Court, and at the Court located at County ofyourself. Check all of the copies to make sure that each can be read. Steproom Mail one, of the copiesday of other person20 to ,each attorney. Make sure that yourand at any recessed to the in 2: on the , and at o'clock in the noon, return or adjourned date, is on the envelope.evidence as a witness in this action on the part of the address to testify and give Step 3: After mailing the copies, write the date that you actually mailed the copies on the original “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY” form. You to comply and this your name punishable as a contempt of court and will make you liable to Your failureshould signwith printsubpoena is on the lines provided. Step 4: Mail or take the this subpoena was issued copy for the Friend of the $50 and all the party on whose behalf original copy and anotherfor a maximum penalty of Court to the damages sustained as a result of your failure to comply. [ ] before the hearing date. The original copy of the form must be received and stamped by the [ ] at least 7 days before the hearing date. Note: Some counties charge a $10.00 filing fee. Contact the Justices of the Witness, Honorable , one of the Court in [ County, day of ] in your county to find out whether a fee is charged. , 20 What happens if the copy you sent to the other party is returned to you? (Attorney must sign above and type name below) The hearing cannot be held until it can be proven to the court that both parties know about the hearing. If the other person’s copy is returned to you, you must: Attorney(s) for 1. Get the current address of the other person from the Friend of the Court or another source. 2. If there are less than 9 days before the original hearing date, cancel the original hearing date and schedule a new one. 3. Fill out a “new” “OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR Office and P.O. Address MODIFY” form. Complete this form using the directions on page 1 and 2 of the instructions. 4. When a new address cannot be obtained, cancel the original hearing date which has been scheduled. Other ways of notifying the other party are listed in the Michigan Court Rules Telephone No.: (MCR 2.106). A copy of the Michigan Court Rules may be available atNo.: local library. Facsimile your E-Mail Address: Mobile Tel. No.: Page 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : GETTING READY FOR COURT : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) Listed below are some tips which may help both parties get ready for the hearing. -against1. Make a list of information which you feel is important for the Judge or Referee to know. : 2. Bring any papers such as pay stubs, tax returns, unemployment records, expenses for children, etc. that you think will show the Judge or Referee why or why not a : change in the ex parte order should be made. You will need to make two copies of any papers you will show to the Judge or Referee. : 3. Read the “ORDER MODIFYING EX PARTE ORDER” form carefully and take it to the hearing with you. This form may be filled out during or after the hearing. Defendant(s) : ...................................................... THE HEARING Listed below are some tipsSTATEmay help both parties during the hearing. THE PEOPLE OF THE which OF NEW YORK 1. Listen carefully to what the Judge or Referee says during the hearing. 2. TO you want to tape record the hearing, you must ask the Judge or Referee before the hearing starts. If 3. The Judge or Referee will listen to you but do not interrupt them or the other party. Raise your hand and wait for the Judge or Referee to call on you before speaking. 4. Ask questions of the Judge or Referee if you do not understand the changes they have ordered. GREETINGS: 5. Make sure you know and write down the following: a. When the change in the order begins (Date). and excuses being laid aside, you and each of you attend before WE COMMAND YOU, that all business b. How much child, children, etc. , the Honorable the support amounts will be for 1 at the 2 children, 3 Court c. What located at County of will be the new visitation order. ind. Who will have legal custody. Who will have physical custody. (joint, plaintiff, defendant) and at any recessed room , on the day of , 20 , at o'clock in the noon, ore. Who is date, to testify and give evidence as a witness in this action PARTE ORDER” form after adjourned going to prepare and file the “ORDER MODIFYING EX on the part of the the hearing. f. Other changes ordered by the Judge or Referee. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Section C:on whose behalf this subpoena was issued for a maximum penalty of $50 and(FOC Form sustained as a the party Completing the “ORDER MODIFYING EX PARTE ORDER” form all damages 62): result of your failure to comply. Before completing this form you will need to know the following information: • Who is the plaintiff and who is the defendant Witness, Honorable , one of the Justices of the • in Court The date the hearing was held day of County, , 20 • Name of the Judge or Referee • Who is going to have legal and physical custody • What are the new visitation arrangements (Attorney must sign above and type name below) • New support amount and amount per child • Overdue support payment plan, if any • Any changes in the health care provision Attorney(s) for • Other changes ordered by the Judge or Referee • Date the new order starts Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. Locate the “ORDER MODIFYING EX PARTE ORDER” form. a. Print or type your case number in the upper right-hand corner. : JUDICIAL SUBPOENA Plaintiff(s) b. From your court papers, identify who is the plaintiff and who is the defendant. Fill in the -againstnames, current addresses, telephone numbers, and social security numbers for yourself : and the other party in the boxes provided. Fill in the names and addresses of the : attorneys if there are any. Step 2: Put the date the hearing was held and the name of the Judge or Referee on the lines : provided. Step 3: Put an “X” in one or more of the boxes if the Judge or Referee ordered a change in the Defendant(s) : . . . . . . . . . . . .custody,. visitation,.or.support.order.. If.a change . . . made in the custody order, fill in the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . was changes exactly as ordered. If a change was made in the visitation order, fill in the new visitation terms exactly as ordered. If a change was made in the amount of support, fill in the amount of STATE If NEW more than one child you must also write in the amount that THE PEOPLE OF THE support.OFthere isYORK should be paid for each child. TO Step 4: Check the box in item 2 if the Judge or Referee made any other changes. Print or type the changes on a separate piece of paper and attach to the Order and each of the copies. Step 5: In item 3 write the date that the new order starts. Step 6: Get the order approved, filed, and served using the steps below. Step 1: GREETINGS: Section D: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Approval, Filing, and Serving the “ORDER MODIFYING EX PARTE ORDER” the Honorable at the , Court If County of you are asked to sign the “ORDER MODIFYING EX PARTE ORDER” you can respond in one of the located at following ways: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 1. If you think that the written Order accurately states what was ordered in court, sign the Order. 2. If you don’t think that the Order accurately states what was ordered in court, attend the scheduled hearing. (See Sectioncomply with this subpoena is punishable as a contempt of court and will make you liable to Your failure to D, Part 2). the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. If you are preparing the “ORDER MODIFYING EX PARTE ORDER” form, there are 3 ways you can get the Order signed by the Judge or Referee. 1. You canWitness, Honorable the time of the hearing and ask the Judge or Hearing Officer to sign it. fill out the Order at , one of the Justices of the (See Section D, Part 1). Court in County, day of , 20 2. You can fill out the Order after the hearing, get the other party’s signature, and take or mail the Order to the Judge or Referee for signature. (See Section D, Part 1). 3. If the other party will not sign the Order, you will need to schedule anothersign above and type name below) (Attorney must hearing. (See Section D, Part 2). Section D, Part 1: Approval of the ORDER MODIFYING EXAttorney(s) for PARTE ORDER - No Hearing Step 1: Step 2: Have the other party sign the completed “ORDER MODIFYING EX PARTE ORDER” form. Give the signed “ORDER MODIFYING EX PARTE ORDER” to the Judge or Referee. The Office and P.O. Address Judge or Referee will sign the order if there are no mistakes. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 4 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Step 3: Step 4: Step 5: Index No. : Calendar No. After the order has been signed by the Judge or Referee, give the original “ORDER MODIFYING EX PARTE ORDER” and all of the copies to the [ ] for : JUDICIAL SUBPOENA Plaintiff(s)to stamp the copies with “True Copy” and the date filing. Ask the [ ] -againstfiled. The [ ] will keep the original and one copy for the Friend : of the Court. NOTE: If you plan to mail the “ORDER MODIFYING EX PARTE ORDER” : to the Judge or Referee for signing and to the [ ] for filing, call the[ ] first to find out how they want you to do this. : Send a copy of the stamped Order to the other party and keep a copy for your own files. Fill out the “PROOF OF MAILING” form (FOC Form 54). (See Section D, Part 3). Defendant(s) : ...................................................... Section D, Part 2: Approval of the ORDER MODIFYING EX PARTE ORDER - With a Hearing Step 1:PEOPLE OF THE STATE OF NEW YORK Get the following information from the [ ]. THE - Name of the Judge or Referee TO - Date the hearing is to be held - Time of the hearing - Where the hearing is going to be held. (City, building, room, etc.) Step 2: Locate the “NOTICE OF HEARING FOR ENTRY OF ORDER” form (FOC Form 53). GREETINGS: a. Print or type your case number in the upper right-hand corner. b. COMMAND YOU, that all business and excuses being laid aside, you and each of in the WE From your court papers, identify who is the plaintiff and who is the defendant. Fill you attend before , the Honorablenames, current addresses, telephone numbers, and social security numbers for yourself at the Court and the other party in the boxes provided. located at County of Steproom Put your ,name on the “Name of party filing order” line. in 3: on the day of , 20 , at o'clock in the noon, and at any recessed or 4: Stepadjourneditem 1, put in the date that the hearing on the Motion was held.the part of the In date, to testify and give evidence as a witness in this action on Step 5: In item 3, print or type the information you got from the [ ] in the blanks on the form. Step 6: Your failure to comply with these steps, put in the date and a contempt of court and will make you liable to When you have completed this subpoena is punishable as sign your name. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your “CERTIFICATE Completing the failure to comply. OF MAILING” section on the “NOTICE OF HEARING FOR ENTRY OF ORDER” form. (FOC Form 53). Witness, Honorable , one of the Justices of the There are court rules which must be followed which make20 that the other person knows about the hearing. Court in County, day of , sure The “NOTICE OF HEARING FOR ENTRY OR ORDER” form must be mailed at least 9 days before the hearing date. (Attorney must sign above and type name below) Step 1: Step 2: Step 3: Step 4: Make sure that you have the original form which you have been filling out and one copy for each of the following: the other person, the attorneys (if any), the Friend of the Court, and yourself. Check all of the copies to make sure that each can be read. Attorney(s) for Mail one of the copies to the other person with a copy of the proposed “ORDER MODIFYING EX PARTE ORDER”. Make sure that your return address is on the envelope. After mailing the other person’s copy, write the date that you actually mailed the copy on the original “NOTICE OF HEARING FOR ENTRY OF ORDER”P.O. Address Office and form. You should sign and print your name on the lines provided. File the original “NOTICE OF HEARING FOR ENTRY OR ORDER” and a copy of the proposed “ORDER MODIFYING EX PARTE ORDER” with No.: Telephone the [ Facsimile No.: E-Mail Address: Mobile Tel. No.: ]. Page 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Step 5: Step 6: Index No. : Calendar No. Take the original “ORDER MODIFYING EX PARTE ORDER” to the hearing for the Judge or Referee to sign. Any objections about the language : used in the Order can be made at the JUDICIAL SUBPOENA Plaintiff(s) hearing. -againstAfter the Judge or Referee has signed the Order, follow steps 3 through 5 in Section D, : Part 1. : Section D, Part 3: Completing the “PROOF OF MAILING” Form (FOC Form 54) : It is required by the Michigan Court Rules that Defendant(s) all parties receive a copy of all court orders given to the [ : . . . . . . . . . . . .].. . . will.be necessary. to. prove to the court that.a. copy was sent to every party. ... .......... . .................. .. It Step 1: Locate the “PROOF OF MAILING” form. a. Print or type your OF number in the THE PEOPLE OF THE STATEcaseNEW YORK upper right-hand corner. b. From your court papers, identify who is the plaintiff and who is the defendant. Fill in the TO names, current addresses, telephone numbers, and social security numbers for yourself and the other party in the boxes provided. Step 2: Write in the date the Order was stamped by the [ ] on the line provided. GREETINGS: Step 3: Fill in the name and address of the other party and the attorneys (if any) to whom you mailed a “True Copy” of YOU, that Order in the space provided. WE COMMAND the signed all business and excuses being laid aside, you and each of you attend before Step 4: Put , the Honorablein the date that you actually mailed the “True Copy” of the Order and sign your name. at the Court located at County ofYou must also print or type your name on the line below the signature line. Steproom Give the,completed “PROOF OF MAILING” form to the [o'clock in the ] for in 5: on the day of , 20 , at noon, and at any recessed or adjourned date, to testify and give copy of this form for your records. on the part of the filing. You should make a evidence as a witness in this action Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 6 American LegalNet, Inc. www.USCourtForms.com