M Civ JI 97.05 Introduction to Parties, Counsel, and Witnesses

(1) I will now introduce the parties to this case, the lawyers, and the witnesses, and you will be asked if you know any of them.

(2) The petitioner is [ ____________ ]. The petitioner’s case will be presented by [ Prosecutor, Attorney General, other Attorney ]. The People of the State of Michigan are represented by [ _____________ ], an assistant prosecuting attorney for [ ________ ] County.*

(3) The [ mother/father/parents/guardian/nonparent adult/ respondent/custodian ] [ is/are ] [ ____________/ and ____________ ] and [ he/she/they ] [ is/are ] represented by lawyer ________________.

(4) [ _____________ ], a lawyer, has been appointed by the Court to represent the [ child/children ]. (If both a lawyer-guardian ad litem and an attorney have been appointed for one or more of the children, give the following instead: [ __________ ], a lawyer, has been appointed by the court to represent the best interests of the [ child/children ] and is called the lawyer-guardian ad litem for the [ child/children ]. [ ___________ ], a lawyer, has been appointed by the court to represent the wishes of [ child’s name ].)

(5) The witnesses who may testify in this case are: (read list of witnesses).

Note on Use

The alternative language in subsection 2 recognizes that Petitioner is not always the State of Michigan or the Family Independence Agency.

* This sentence should be read only if the prosecutor appears on behalf of the People, as opposed to appearing on behalf of or as legal consultant to, for example, the Family Independence Agency. MCL 712A.17(4) and (5), and MCR 3.914.

History

M Civ JI 97.05 was added March 2005.