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Motion To Transfer Your Case To Another Michigan County Package FD-FOC 4033 - Michigan

Motion To Transfer Your Case To Another Michigan County Package Form. This is a Michigan form and can be used in Friend Of The Court Circuit Court Wayne Local County .
 Fillable pdf Last Modified 3/28/2007
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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. ยท THIS PACKET CONTAINS THE FOLLOWING: o o o o o o o o o COVER SHEET (FD/FOC4033a) INSTRUCTIONS: MOTION TO TRANSFER CASE (FD/FOC4033b) INSTRUCTIONS: HOW TO FILE A MOTION TO TRANSFER CASE (FD/FOC4033c) MOTION-TRANSFER (FD/FOC4033) CIRCUIT COURT PRAECIPE (FD/FOC4021) NOTICE OF HEARING-GENERIC (FD/FOC4019) CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) ORDER-TRANSFER (FD/FOC4034) 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. 2. On the attached MOTION form, fill in the case number and both parties' full information. 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. On the form, complete the rest of the information in Paragraph One. Sign and date the MOTION form in the appropriate place. 3. 4. 5. USE THE ATTACHED INFORMATION ABOUT FILING A MOTION THAT YOU MUST SCHEDULE BEFORE THE JUDGE TO WHOM YOUR CASE IS ASSIGNED. 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. 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. You must serve a True Copy of the signed Order to Transfer on the other party and file a Proof of Service. 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. (12/03) TRANSFER MOTION-INSTRUCTIONS American LegalNet, Inc. www.FormsWorkflow.com 6. 7. 8. 9. FD/FOC4033b HOW TO FILE A MOTION, TO TRANSFER YOUR CASE TO ANOTHER MICHIGAN COUNTY, FOR HEARING BEFORE THE JUDGE ASSIGNED TO YOUR CASE 1. 2. This packet contains instructions and blank forms for Circuit Court Praecipe, motion, notice of hearing, certificates of mailing, and order. 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. All documents must be typed or written legibly using black ink, not pencil. 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. 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. 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. 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. A separate motion packet must be prepared for each case. Separate cases cannot be combined in the same documents. 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. Complete all the case information on all forms. Write your motion. 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. 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. 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. Bring the original and four copies of your Motion packet (Praecipe, Motion and Notice of
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