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Instructions For Changing An Ex Parte Order P 05 - Michigan
| Instructions For Changing An Ex Parte Order Form. This is a Michigan form and can be used in General Domestic Relations Statewide . |
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CHANGING AN EX PARTE ORDER - Forms and Instructions GENERAL INSTRUCTIONS 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. You must act immediately. The law requires that you file an objection and/or motion within 14 days after you are served with the ex parte order. After you file the objection and/or motion, the Friend of the Court is re- quired 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 scheduled by the Friend of the Court for a hearing. You 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 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: File and send an OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY form, see Section A. Get ready for a court hearing. Complete the ORDER MODIFYING EX PARTE ORDER after the hearing, see Section C. Get approval, file, and serve the ORDER MODIFYING EX PARTE ORDER, see Section D. Section A: Completing an OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY" form (FOC Form 61): If you want to object to the ex parte order or ask the court to rescind (set aside) or modify the ex parte order, you must file an OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY" form. 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: Locate the OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY form. a. Print or type your case number in the upper right-hand corner. b. From your court papers, identify who is the plaintiff and who is the 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. Step 2: Put your name on the Name of the party filing motion line. Step 3: 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. Step 4: When you have completed these steps, fill in the date and sign your name. Page 1<<<<<<<<<********>>>>>>>>>>>>> 2Completing the NOTICE OF HEARING Section on the OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY form (FOC Form 61): Step 1: Before 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 d. Where the hearing is going to be held. (City, building, room, etc.) 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 OR- DER AND MOTION TO RESCIND OR MODIFY form (FOC Form 61): 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. Step 1: 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, each attorney (if any), the Friend of the Court, and yourself. Check all of the copies to make sure that each can be read. Step 2: Mail one of the copies to the other person and to each attorney. Make sure that your return address is on the envelope. 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 should sign and print your name on the lines provided. Step 4: Mail or take the original copy and another copy for the Friend of the Court to the [ ] 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 [ ] in your county to find out whether a fee is charged. What happens if the copy you sent to the other party is returned to you? The hearing cannot be held until it can be proven to the court that both parties know about the hearing. If the other persons copy is returned to you, you must: 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 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 (MCR 2.106). A copy of the Michigan Court Rules may be available at your local library. Page 2<<<<<<<<<********>>>>>>>>>>>>> 3GETTING READY FOR COURT Listed below are some tips which may help both parties get ready for the hearing. 1. 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. THE HEARING Listed below are some tips which may help both parties during the hearing. 1. Listen carefully to what the Judge or Referee says during the hearing. 2. If you want to tape record the hearing, you must ask the Judge or Referee before the hearing starts. 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
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