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Proposed SCAO-Approved Court Forms
The following forms and issues will be presented to the Michigan Court
Forms Committee at its upcoming meeting and are published for a 30-day
comment period to elicit input for discussion by the Committee. All comments
received during the comment period will be included in the Committee's
agenda materials and mailed to committee members two weeks before the
scheduled meeting.
The meeting schedule of the Michigan Court Forms Committee for 2008 is
as follows:
- Circuit and District Court Section (includes domestic relations) -
Thursday, March 6, 2008
- Friend of the Court Section - Thursday, March 20, 2008
- Probate Court Section - Thursday, September 4, 2008
- Family Division of Circuit Court Section - Thursday, September 18,
2008
Comments may be made by mailing a written letter to SCAO-Approved Court
Forms at PO Box 30048, Lansing, Michigan 48909 or by sending an e-mail
to CourtFormsInfo@courts.mi.gov.
Inquiries may be made by telephoning the Forms Unit at 517-373-4864.
Proposals for March, 2008
Circuit and District Court Forms
Friend of the Court Forms
Proposals for Circuit and District Court Section
Published
January 18, 2008
Comment Period
Expires February 17, 2008
General Issues
Circuit Issues
District Issues
Joint Circuit and District Issues
Comments
from the Michigan Creditors Bar Association
General Suggestions and Concerns
Declaration Language from MCR 2.114, Proof of Service: MCR 2.107(D)
says that proof of service may be by "a statement regarding the service
verified under MCR 2.114(B) . . ." This is interpreted to mean the
certificate made by the officer should have the declaration, "I declare
that the statements above are true to the best of my information, knowledge,
and belief." The following forms, that were reviewed for minor errors,
were found to contain a proof of service that should contain this language
if the Committee agrees with the above interpretation: CC 375, CC 375M,
CC 376, CC 376M, CC 377, CC 377M, CC 380, CC 380M, CC 381, CC 382, DC
102a, DC 102b, DC 102c, DC 102d, DC 103, DC 107, MC 35, MC 36, MC 37,
MC 72, MC 203, MC 302, MC 304, MC 321a, MC 503, and MC 504. There may
be other circuit, district, and Michigan court forms that contain a proof
of service that are not listed. Also, it was previously agreed that a
line for the printed name of the process server should be added to the
proof.
Also, MCR 2.114(B)(2) states that "If a document is required or
permitted to be verified, it may be verified by . . . including the following
signed and dated declaration . . ." There are a number of forms that
do not need to be verified, but they contain the declaration. Should the
declaration be removed from these forms, especially since verification
means personal knowledge of the facts, which an attorney almost always
will not have? A plan for handling this may be to determine which pleadings
must be verified and remove the declaration from all other forms. A list
of the affected forms can be prepared for publication in 2009 and the
changes made at that time. Is this an acceptable approach?
Standard Language for Certificate of Mailing/Service: In reviewing
the forms for minor errors, it was noted that several different standards
have been applied to the Certificate of Mailing/Service. The Committee
is asked to determine whether one standard should be applied for the certificate
of mailing and another standard for the certificate of service. The following
forms contain a certificate of mailing: CC 08, CC 08a, CC 58, CC 80, CC
88, CC 89, CC 257, CC 257a, CC 268, CC 269, CC 378, CC 385, CC 403, CIA
01, CIA 03, CIA 06, DC 44, DC 85, DC 87, DC 90, DC 91, DC 99, DC 99a,
DC 104, DC 105, DC 105a, DC 106, DC 119, MC 07a, MC 25, MC 39, MC 49,
MC 51, MC 57, MC 60, MC 61, MC 62, MC 81, MC 274, MC 276, MC 277, MC 278,
MC 284, MC 285, MC 286, MC 288, MC 290, MC 301, MC 502, and MC 503. The
following forms contain a certificate of service: CIA 02, DC 03, and DC
248. The following forms contain a nonstandard certificate of proof of
service instead: CC 79, CC 383, and CC 404. Proposed language for the
certificate of mailing is "I certify that on this date I served a
copy of this [name of document] on the parties or their attorneys by first-class
mail addressed to their last-known addresses." This language would
change depending on who is being served (single party versus multiple
parties, etc.).
Space on Forms for File/Date Stamp: A request has been made to
consider allocating space on all forms used in circuit court (CC and MC)
for stamping the file date and time.
Clerk of the Court, Deputy Clerk of the Court, and Court Clerk: There
have been questions about the inconsistent use of the designations "clerk
of the court," "deputy clerk of the court," "deputy
clerk," and "court clerk" beneath the signature lines on
some of the forms. There has been a request that a consistent standard
be applied. It is recommended that caution be used in this area and that
the Committee carefully consider the use of the terms when each form is
revised. The Committee made conscious decisions in the past as to when
it was appropriate or useful to place one of these captions beneath a
signature line. These designations were intended to make it clear whether
a clerk other than the clerk of the court may sign a document. The use
of the term "deputy clerk" and "deputy clerk of the court"
signifies that a clerk has been deputized by the clerk of the court and
that the deputy clerk may sign a document on behalf of the clerk of the
court. The term "court clerk," however, signifies that this
clerk is not deputized and is not the clerk of the court, and therefore,
may only sign certain documents, such as a certificate of mailing. The
Committee is asked to discuss this issue and to determine the best method
for reviewing all of the forms and specifically determining, for the record,
the appropriate caption for each form that contains a signature line for
a clerk.
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Circuit Court Forms
CC 219b, Judgment of Sentence, Commitment to Department of Corrections:
A request has been made by the Department of Corrections to add a check
box option for indicating when a conviction requires lifetime electronic
monitoring pursuant to MCL 750.520n and MCL 791.285. Proposed language
is __ 11. Defendant is subject to lifetime monitoring pursuant to MCL
780.520n and MCL 791.285. Also, a request has been made to add a parenthetical
statement to item 3 to remind the judge to order sex offender registration
if the defendant has not yet completed the registration and it was not
previously ordered. See
current form.
CC 257 and CC 257a, Motion for Relief from Judgment: A request
has been made to add a signature line at the end of the motion for the
defendant to sign as required by MCR 2.114(C). Also, a decision should
be made as to which form to retain. Currently, there is a two-page form
and a four-page form. It has been suggested that the four-page form is
the most useful. See
current form CC CC 257a.
CC 268, Order Regarding Driver's License Restoration and CC 269, Order
Regarding Driver's License Restoration After Review of the Record: A
request has been made to clarify that the note on the back of these forms
does not apply to arrests after 10/1/99. Also, it should be made clear
when specific cites referenced in the note were in effect since many of
them are no longer in effect. This could be done by including the year
and public act number so that the previous statutory language can be reviewed.
Finally, references to MCL 257.323(6) in items 3a and 4 of CC 269 should
be changed to MCL 257.323(4). Drafts
are provided.
CC 298, Application for Leave to Appeal and Affidavit Explaining Delay
and CC 299, Order Following Hearing on Application for Leave to Appeal:
The Committee approved development of these forms in 2007 and recommended
that drafts be typeset for review at the joint session in 2008. Drafts
are provided.
CC 382, Motion and Order to Show Cause for Violating Valid Personal/Foreign
Protection Order: A request has been made to add a field for the respondent's
date of birth, if known. This information is relevant to LEIN entry and
will be placed on either CC 382a or CC 384. When the respondent is not
arrested for violating an order, this motion is filed and the court will
rely on the petitioner to provide the date of birth if known. A
draft is provided.
CC 382a, Order After Hearing on Show Cause for Violating Valid Personal/Foreign
Protection Order and CC 384, Order After Hearing on Violation of Valid
Personal/Foreign Protection Order: The instruction to the clerk of
the court at the foot of the form has been revised to assist in reporting
procedures to the Michigan State Police. Drafts
are provided. The changes are made in conjunction with a September
27, 2007 memo to the courts from the SCAO, a
copy of which is provided.
New Forms for Pro Se Litigants to Obtain Restoration of License:
In 2007 the Committee developed and approved petitions and instructions
to assist pro se litigants to obtain driver's license restoration. The
instructions were not approved by the SCAO because neither statute nor
court rule requires the development of pro se packets for this purpose.
However, because the forms may be helpful to the legal community, they
were published for comment in 2008 to determine interest in approving
them for statewide use. The
forms, as approved last year, are provided.
CC 23, Order of Removal to District Court: It is recommended
this form be deleted because MCR 4.003 was repealed in 1997. Although
circuit courts may continue to remove cases to district courts pursuant
to local administrative order, this form has no statewide use at this
point. Courts who continue the practice through local administrative order
can create local orders instead.
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District Court Forms
CIA 03, 14 Day Notice, Civil Infraction: A request has been made
to replace item 3 with the following: "The cost to compel appearance
may be added to the amount of your judgment." A
draft is provided.
CIA 06, Order to Show Cause, Civil Infraction: MCR 2.107(B)(1)(b)
says "When a contempt proceeding for disobeying a court order is
initiated, the notice or order must be personally delivered to the party,
unless the court orders otherwise." Should this form contain language
ordering service by mail pursuant to this rule? See MC
230, Order to Show Cause, for an example. Also, it is suggested that
this form does not meet the minimum requirements of MCR 3.606. MCL 257.908
specifies the procedures for noncompliance with a judgment, but MCR 3.606
may precede these provisions pursuant to MCR 1.104. Should this form be
deleted and MC 230 used in its place, or should CIA 06 be revised? It
is suggested that MC 230 be used for all orders to show cause. See
current form.
DC 41, Motion and Order to Seize Personal Property Subject to Forfeiture:
A request has been made to change the title of this form from a motion
to a petition pursuant to MCL 257.625n(4), which says that "Within
14 days after the defendant's conviction for a violation described in
subsection (1), the prosecuting attorney may file a petition with the
court . . . ." See
current form.
DC 84, Affidavit and Claim, Small Claims: The Officer Certificate
in the Proof of Service contains reference to the attorney for a party
because standard proof of service language was applied to the form. It
is recommended this reference be removed. See
current form.
DC 85, Judgment, Small Claims: Should this form be amended to
comply with the changes made to MC 10 in 2007 with regard to judgment
interest? See current form.
DC 90, Petition Regarding Impoundment of Motor Vehicle or Seizure
of Motorcycle: A suggestion has been made to add space for the name
and address of the towing agency and the secured party as appropriate
so that the court will be able to send notice of the hearing to these
entities when it is necessary. If the defendant is challenging the reasonableness
of towing fees (item 1b is checked), the towing agency rather than the
police agency should be notified of the hearing so that it can attend.
Likewise, if the vehicle is secured by a third party, the secured party
needs to be notified of the hearing because the vehicle could be deemed
abandoned and sold. A
draft is provided.
DC 247, Department of Natural Resources Complaint, Condemnation and
Confiscation, DC 248, Department of Natural Resources Order to Show Cause,
Condemnation and Confiscation, and DC 249, Department of Natural Resources
Order, Condemnation and Confiscation: A request has been made to change
the case name on these three forms from "People of" to "In
the Matter of" because condemnation proceedings are not criminal
in nature. See also agenda item 2 with regard to the return of service
on DC 248. See current form DC
247, DC 248,
and DC 249.
DC 250, Felony Register of Actions and DC 251, Misdemeanor Register
of Actions: A request has been made to add fields to these forms.
A draft is provided.
New Form, Affidavit and Counterclaim, Small Claims: The Committee
approved development of this form in 2007 and requested that SCAO draft
the form for review in 2008. A
draft of the new form is provided.
New Form, Motion, Affidavit, and Order to Set Aside Default/Dismissal:
The 46th District Court has requested this new form be considered.
There currently exists a motion to set aside default, form DC 99, and
an order to set aside default, form DC 99a, so the Committee is asked
to consider whether to add language to these forms for setting aside dismissal
or whether to alter the draft
provided by the 46th District Court.
New Form, Notice of Right to Appellate Review and Request for Appointment
of Attorney: A request has been made to create a new form for use
pursuant to MCR 6.610(F)(3) and MCR 6.625(B). A
draft is provided.
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Michigan Court Forms
MC 01, Summons and Complaint: Several attorneys have requested
that this form be renamed "Summons" because the form does not
contain any complaint information and it causes confusion for pro se litigants.
This same request has been made at other times for similar reasons. The
response from our office and the Committee has been that this form contains
general information that is required to be in every civil complaint pursuant
to MCR 2.113(C). In 1998, a bold statement was added to the form directly
after the Summons and in the header of the Complaint. This statement was
intended to make clear the additional complaint was still necessary. The
statement says: "Instruction: The following is information that is
required to be in the caption of every complaint and is to be completed
by the plaintiff. Actual allegations and the claim for relief must be
stated on additional complaint pages and attached to this form."
The Committee is asked to consider whether the current title has created
a significant problem and if so, whether to rename the form or otherwise
redesign the form for clarity. See
the current form.
MC 10, Judgment: A request has been made to allocate more space
for specifying payment arrangements under "Other conditions."
In the last revision, this space was removed in order to accommodate the
details for judgment interest. A
draft is provided.
MC 13, Request and Writ for Garnishment (Nonperiodic), MC 14, Garnishee
Disclosure, and P-01, Guide to Garnishment of Periodic Payments: A
proposal has been received by the Representative Assembly of the Michigan
State Bar to include a provision in these forms that expressly directs
a bank or a financial institution to protect exempted income from garnishment
when that income has been direct-deposited into the bank account from
a source that is exempt under federal law. Drafts are provided. Also,
The calculation sheet for MC 14 and the related Guide to Garnishment of
Periodic Payments (P-01) needs to be amended to comply with the increase
in federal minimum wage to $6.55, effective July 24, 2008. See drafts
of MC 13, MC
14, and P-01.
MC 15, Motion for Installment Payments: A request has been made
to include a copy for the judge in the distribution pursuant to MCR 2.119(A)(2).
Apparently, there have been instances where a judge was not provided with
a copy even though MCR 3.104(B) requires the clerk of the court to promptly
present the motion to the court (judge) after the 14-day period following
the service date of the defendant's motion. Would this request resolve
the problem, or should instructions to the clerk about the requirement
of MCR 3.104(B) be added to the form? Or should this be handled as a training
issue by the court where this is a problem? See
current form.
MC 39, Judgment, Claim and Delivery: Should this form be amended
to comply with the changes made to MC 10 in 2007 with regard to judgment
interest? See current
form.
MC 96, Judgment of Contempt: It is suggested that a proof of service
be created for this form. Is a statement necessary regarding service pursuant
to MCR 2.107(B)(1)(b), or is this only for the order to show cause?
See current form. See MC
230, Motion and Order to Show Cause, for an example.
MC 216, 14-Day Notice, Traffic and MC 216a, Notice of Noncompliance,
Drinking/Driving Offense: A request has been made to add the following
language in item 3 of both forms: "and the cost to compel appearance
may be added to the amount of your judgment." See
drafts.
MC 218, Order Revoking Release and Forfeiting Bond, Notice of Intent
to Enter Judgment: A request has been made to increase space for indicating
both the date and time of the show cause hearing. A
draft is provided.
MC 219, Judgment of Sentence, Commitment to Jail: A request has
been made to add a parenthetical statement to item 5 to remind the judge
to order sex offender registration if the defendant has not yet completed
the registration and it was not previously ordered.
MC 227, Application to Set Aside Conviction and MC 228, Order Regarding
Application to Set Aside Conviction: The Michigan State Police request
that both forms include advice to the defendant that an order setting
aside a conviction does not relieve the defendant from his or her obligations
under the Sex Offender Registration Act. If the person was required to
register for a given conviction, that requirement remains after the conviction
is set aside and, if the person registered as required before an order
setting aside the conviction is entered, that person's registration will
continue to appear on the public registry. Drafts
are provided.
Also, a request has been made to change item 6 on MC 228 to allow for
a finding that the court determines that the circumstances and behavior
of the applicant from the date of the applicant's conviction to the filing
of the application warrant setting aside the conviction, but that setting
aside the conviction is not consistent with the public welfare. MCL 780.621(9)
indicates that both conditions must be found for the court to set aside
a conviction. Because of that, is it necessary to make findings in the
negative? It is suggested that the court only need find in the affirmative
that both conditions are true. Therefore, it is suggested that item 6
be changed to an option and the following language used in place of the
current language: "__ 6. The circumstances and behavior of the applicant
from the date of the applicant's conviction to the filing of the application
warrant setting aside the conviction and setting aside the conviction
is consistent with the public welfare." Then in the order portion
of the form, where it states that the application is denied a parenthetical
would be added stating: "(If item 6 is not checked, the application
must be denied.)"
MC 234, Order for Counseling and Testing for Disease/Infection: A
request has been made to remove the asterisks from the references to MCL
750.448 and MCL 750.449 on the reverse side of the form pursuant to MCL
333.5129(1). Although the court is not required to order testing on these
two offenses until convicted, the court may order it earlier pursuant
to MCL 333.5129(1). A
draft is provided.
MC 235, Motion and Order for Destruction of Fingerprints and Arrest
Card: The Committee considered the impact of McElroy v Michigan State
Police upon this form last year and concluded the form was unaffected
by the opinion. However, the Committee is asked to reconsider this decision
because an attorney believes the opinion clearly denotes use of this form
is inappropriate for any dismissal of any nature. This is based on a view
that the court must make a finding of not guilty in order for fingerprints
to be destroyed. Therefore, because dismissals are not necessarily the
result of a finding of not guilty, the second option in item 1 should
be stricken from the form. It is suggested this is not the only interpretation
to consider. MCL 28.243(12)(h) could allow for dismissal of a case because
a person should not have been charged in the first place and there is
no basis for the case. In this instance, if MSP has not already destroyed
the fingerprints, the court could order them destroyed by using MC 235.
The Committee is asked to review McElroy, the statute, and the form, to
make an appropriate determination about proper use of MC 235, and to revise
the form as necessary to further clarify its proper use. See
current form.
MC 238, Judgment After Bond Forfeiture: A request has been made
to consider expanding the use of this form to cover situations where the
forfeiture is set aside and to accommodate multiple depositors of 10%
bonds. Is there value in this from a statewide perspective? If so, should
this form be modified or a separate form created for setting aside forfeiture?
See current form.
MC 242, Assignment to Youthful Trainee Status: A request has
been made to add a parenthetical statement to item 4 to remind the judge
to order sex offender registration if the defendant has not yet completed
the registration and it was not previously ordered.
MC 294, Order Delaying Sentence: A request has been made to reword
item 7 to "Defendant shall be supervised by _____________________."
Also, a request has been made to add a parenthetical statement to item
4 to remind the judge to order sex offender registration if the defendant
has not yet completed the registration and it was not previously ordered.
See current form.
MC 304, Order for Alternate Service: A request has been made
to include an option for denying a motion for alternate service. See
current form.
MC 321a, Juror Qualification Questionnaire: It has been suggested
that item 12 should say "Are you physically and mentally able to
carry out the functions of a juror?" See MCL 600.1307a. See
current form.
MC 321b, Juror Personal History Questionnaire: A request has
been made to add two new questions: "Are you a U.S. citizen?"
and "Have you ever been convicted of a felony?" These questions
are on the Juror Qualification Questionnaire, but the jury coordinator
requesting this revision believes these questions should be asked again
because of the increased number of illegal aliens and felons. See
current form.
New Form, Civil Summons Third Party: A request has been made
to create a civil summons third party form. See
sample from another state, which has been provided by the individual
making this request.
New Form, Discharge of Judgment Lien: A request has been made
to create a discharge of judgment lien. A
draft is provided.
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Proposals for Friend of the Court Section
Published
January 18, 2008
Comment Period
Expires February 17, 2008
Declaration Language from MCR 2.114, Proof of Service: MCR 2.107(D)
says that proof of service may be by "a statement regarding the service
verified under MCR 2.114(B) . . ." This is interpreted to mean the
certificate made by the officer should have the declaration, "I declare
that the statements above are true to the best of my information, knowledge,
and belief." The following forms, that were reviewed for minor errors,
were found to contain a proof of service that should contain this language
if the Committee agrees with the above interpretation: FOC 30, FOC 84.
There may be other FOC forms that contain a proof of service that are
not listed. Also, it was previously agreed by the Circuit and District
Court Section of the Michigan Court Forms Committee that a line for the
printed name of the process server should be added to the proof.
Also, MCR 2.114(B)(2) states that "If a document is required or permitted
to be verified, it may be verified by . . . including the following signed
and dated declaration . . ." There are a number of forms that do
not need to be verified, but they contain the declaration. Should the
declaration be removed from these forms, especially since verification
means personal knowledge of the facts, which an attorney almost always
will not have? A plan for handling this may be to determine which pleadings
must be verified and remove the declaration from all other forms. FOC
forms which contain the declaration are: FOC 13, FOC 13a, FOC 21, FOC
24, FOC 40, FOC 43, FOC 45, FOC 47, FOC 50, FOC 51, FOC 61, FOC 65, FOC
66, FOC 68, FOC 78, FOC 79, FOC 81, FOC 85, FOC 87, and FOC 88.
Standard Language for Certificate of Mailing/Service: In reviewing
the forms for minor errors, it was noted that several different standards
are still being applied to the Certificate of Mailing. The Committee approved
a standard several years ago to be applied to the forms as they are revised.
However, even some recent revisions do not use the same language; in some
instances this is appropriate, but in others it may not be. The Committee
is asked to review all forms containing the Certificate of Mailing to
determine the appropriate language for each form. The following forms
contain a certificate of mailing: FOC 2, FOC 2a, FOC 5, FOC 7, FOC 10/52,
FOC 10a/52a, FOC 10b, FOC 10c, FOC 21, FOC 24, FOC 40, FOC 43, FOC 45,
FOC 47, FOC 50, FOC 51, FOC 53, FOC 54, FOC 61, FOC 65, FOC 66, FOC 67,
FOC 68, FOC 71, FOC 78, FOC 79, FOC 81, FOC 85, FOC 86, FOC 87, FOC 88,
FOC 91, and FOC 92. Proposed language for the certificate of mailing is
"I certify that on this date I served a copy of this [name of document]
on the parties [and/or] their attorneys by first-class mail addressed
to their last-known addresses as defined in MCR 3.203." This language
would change depending on who is being served (single party versus multiple
parties, etc.).
Standard Masthead: The standard masthead for motions and orders
should include a designation for the court address rather than the friend
of the court address. Many of the motions and orders contain the incorrect
designation and should be modified accordingly. Any form that is filed
with the court should also contain the parties' telephone numbers in the
case name. Many of these same forms do not include designations for the
telephone numbers. The Committee is asked to review these forms to determine
if there is any reason the masthead should not be changed. They are FOC
2, FOC 2a, FOC 5, FOC 6, FOC 12, FOC 19, FOC 21, FOC 29, FOC 30, FOC 40,
FOC 43, FOC 45, FOC 47, FOC 55, FOC 56, FOC 57, FOC 58, FOC 60, FOC 62,
FOC 63, FOC 64, FOC 72a, FOC 84, FOC 85, FOC 86, FOC 87, FOC 88, FOC 89,
FOC 94, FOC 95, FOC 99, and FOC 99a.
FOC 1a, Friend of the Court Grievance: A request has been made
to advise the complainant to contact the friend of the court if the complainant
wants to file a grievance with a local citizen advisory committee because
not every county has a citizen advisory committee. See
current form.
FOC 2, Motion and Order to Show Cause for Contempt (Support) and FOC
2a, Motion and Order to Show Cause for Contempt (Medical): MCR 2.107(B)(1)(b)
says "When a contempt proceeding for disobeying a court order is initiated,
the notice or order must be personally delivered to the party, unless the
court orders otherwise." Should this form contain language ordering
service by mail pursuant to this rule? See MC
230, Order to Show Cause, for an example. See current forms FOC
2 and FOC
2a.
FOC 6, Enforcement Order: The "payable" line in item
12 used to say "immediately," but it was changed to a blank
line in 1988. Is it unclear that this line is intended for indicating
the frequency with which payment is to be made? See
current form.
FOC 8, Order for Release for Work or to Seek Work: Is it preferable
to replace the term "inmate" with the term "respondent"
in items 5a through 5i and item 6? See
current form.
FOC 10/52, Uniform Child Support Order and FOC 10a/52a, Uniform Child
Support Order, No Friend of Court Services: Draft revisions are provided
based on upcoming revisions to the Child Support Formula, effective October
1, 2008. Also for discussion is a request considered by the committee
last year, but which had not been published for comment. The requester,
Keith Heiber of Lapeer, Michigan, asked that his concerns be published
for comment and his request reconsidered by the committee. A follow-up
e-mail from Mr. Heiber regarding the interpretation of MCL 552.605b
is provided. The committee had responded at its 2007 meeting that the
language on the form is an appropriate interpretation of the law. See
current forms FOC
10/52 and FOC
10a/52a. Finally, it is suggested that friends of the court are required
to attach calculations to the order when the order serves as the recommendation
pursuant to MCL 552.505(1)(h) and/or MCL 552.517b. Therefore, the check
box option at the top of the order should include the following parenthetical
statement: "(Attached are the calculations.)."
FOC 10b, Uniform Spousal Support Order and FOC 10c, Uniform Spousal
Support Order, No Friend of the Court Services: A request has been
made to add signature lines for attorneys when the order is the result
of a stipulation. See current forms FOC
10b and FOC
10c.
FOC 13a, Complaint for Enforcement of Health Care Expense Payment:
Should item 2 be changed to say, "This request is for expenses that
are more than the ordinary medical amount that can be collected as specified
in my support order?" See
current form.
FOC 19, Motion and Order to Show Cause for Contempt (Custody/Parenting
Time): MCR 2.107(B)(1)(b) says "When a contempt proceeding for
disobeying a court order is initiated, the notice or order must be personally
delivered to the party, unless the court orders otherwise." Should
this form contain language ordering service by mail pursuant to this rule?
See MC 230, Order to Show
Cause, for an example. See
current form.
FOC 22, FOC 22a, Employer's Disclosure of Income and Health Insurance
Information: A request has been made to add a field for the employer's
federal identification number. Also, would it be helpful to remove reference
to "Income" from the title of FOC 22a and add a distribution
reference for "Copy for Department of Human Services," since
that is the purpose of FOC 22a? See current forms FOC
22 and FOC
22a.
FOC 63, Agreement Suspending Immediate Income Withholding and FOC
64, Order Suspending Immediate Income Withholding: A suggestion has
been made to update the instructions to keep the friend of the court informed
of certain changes in information regarding the parties. See current forms
FOC 63 and FOC
64.
FOC 70, Determination on Arrearage: A suggestion has been made
to revise the form to comply with the version used by MiCSES. This would
involve removing the parenthetical statement about sending a copy of the
notice to the payee, adding an account summary (new item 4), and adding
an option about intent to levy (new item 8). A
copy of the MiCSES form is provided. See
current form.
FOC 90, Notice of Lien, FOC 92, Notice to Release Lien, and FOC 93,
Notice of Intent to Levy: It has been suggested that references to
"child support" be replace with "support" because
a lien can also be placed on property for payment of spousal support.
See current forms FOC
90, FOC
92, and FOC
93.
FOC 108, Change in Personal Information: A suggestion has been
made to modify item 8. A
draft is provided.
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