Introduction

The Michigan Court Rules govern local practice of order entry. This outline is not a substitute for the Court Rules, but rather, highlights and supplements certain aspects of the MCR, in particular, where the local practice procedures go beyond the requirements of the Court Rule. 

General Orders and 7-Day Orders, MCR 2.602

1. All orders should be approved by counsel and parties, or counsel on behalf of parties, MCR 2.117 (B)(1).
2. 7-Day Orders must be submitted to the Court within seven (7) days after the decision, MCR 2.602 (B)(3).
3. The presenting attorney must file the original and proof of service with Court Clerk.
4. If objections are filed, the attorney presenting the 7-Day Order must file a motion for entry of order within seven (7) days of receiving the objection.
5. Once 7 Day Order is entered, the presenting attorney must send a true copy to opposing counsel within seven (7) days of entry and file a Proof of Service with the Court Clerk.
6. Court Services has a check list for entry of orders under the 7 day rule.

Ex Parte Orders, MCR 3.207

1. In general, an ex parte order requires an affidavit or verified pleading with facts showing irreparable harm, loss, or damage will result from the delay required to give notice or that notice will precipitate adverse action.
2. An extra copy of the order should be submitted to the Court for the Friend of the Court in DM cases.
3. True copies must be sent to the FOC and other party. Ex-parte orders are effective upon entry but enforceable only upon service.
4. All ex-parte orders for child support, custody or visitation must have specific language of MCR 3.207 (B)(5).
5. All ex-parte orders must state that the order will become a temporary order automatically if the other party does not file written objections or file a motion to modify or rescind the ex parte order together with a request for a hearing within 14 days after the order is served.
6. Written objections or motion to rescind and a request for hearing must be filed within 14 days after order is served. A hearing must occur within 21 days after objection or motion is filed (35 days maximum total time).
7. The FOC must approve all orders in DM cases.

Temporary Orders

1. Temporary orders require a hearing and a verified motion or petition unless there is consent or they are entered ex-parte.
2. All temporary orders should state whether provisions of the order may be modified retroactively by subsequent order.
3. The FOC must approve all orders in DM cases.

How to determine if an Order has been signed

1. A signed order list for each judge is posted on this website daily
2. Attorneys and unrepresented parties may call the judicial coordinator in the judge’s office.

FOC recommendations/Referee and caseworker and order entry

1. Old rule allowed order to be entered ex-parte after 21 days if no objections were filed.
2. New rule requires a hearing for entry of order whether or not objections are filed, unless entered by consent.

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