JUVENILE / PROBATE PROCEDURE MANUAL WASHTENAW COUNTY TRIAL COURT
WASHTENAW COUNTY TRIAL COURT
JUVENILE / PROBATE
PROCEDURE MANUAL
NOVEMBER 2013
(Rev 1-29-2014)
I. GENERAL INFORMATION ....................................................................................................................... 18
STAFF CONTACT INFORMATION ............................................................................................................. 18
JUVENILE FEE SCHEDULE (AT-A-GLANCE) ............................................................................................... 21
PROBATE FEE SCHEDULE (AT-A-GLANCE CHART) ................................................................................... 22
PROBATE GAL / ATTY APPOINTMENTS (AT-A-GLANCE) .......................................................................... 23
FILE ACCESS POLICY................................................................................................................................. 24
CONFIDENTIAL VERSUS PUBLIC INFORMATION AT-A-GLANCE .............................................................. 25
Filing – Where to File Specific Documents – JUVENILE CASE FILES .................................................... 25
Filing – Where to File Specific Documents – PROBATE CASE FILES .................................................... 26
Juvenile / Probate Dockets – Where to Find Key Resources .................................................................. 27
Attorney Appointment Lists/Contact Information ............................................................................. 27
A.
Developmental Disability / MHP ............................................................................................. 27
B.
Juvenile ................................................................................................................................... 27
C.
Probate.................................................................................................................................... 27
Blank Orders / Forms .......................................................................................................................... 27
A.
Juvenile ................................................................................................................................... 27
B.
Developmental Disability / MHP ............................................................................................. 27
C.
Probate.................................................................................................................................... 27
Examples of Completed Orders / Forms I:\Sample Orders................................................................ 28
Register Responsibilities ......................................................................................................................... 29
When Attorneys must sign and when they may sign for Clients – in Probate Matters.......................... 30
SCAO - HOW TO AVOID GIVING LEGAL ADVICE ...................................................................................... 31
RESOURCES FOR PETITIONERS / SELF-HELP ............................................................................................ 33
II.
JUVENILE CASES .................................................................................................................................. 35
1.
ADOPTIONS ..................................................................................................................................... 35
Initial Petition ...................................................................................................................................... 35
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Petition for Adoption Information ...................................................................................................... 37
Petition to Appoint a Confidential Intermediary ................................................................................ 38
2.
DELINQUENCY ................................................................................................................................. 40
Creating an Electronic File (opening on eNact) .................................................................................. 40
Making the Case File Jacket and Probation File .................................................................................. 42
Scheduling the First Event................................................................................................................... 43
Tickets ..................................................................................................................................................... 43
Delinquency Tickets ............................................................................................................................ 43
Traffic Tickets ...................................................................................................................................... 48
Diversion (diversion conference and VR PI ? ) ........................................................................................ 51
Diversion – Status Offense .................................................................................................................. 52
Diversion – Delinquency Offense ........................................................................................................ 52
Consent ................................................................................................................................................... 54
Criminal Sexual Conduct (CSC) Docket.................................................................................................... 55
Delinquency Preliminary Inquiry............................................................................................................. 57
Standard Delinquency Petition ........................................................................................................... 57
Non-Custody - Referee Review ........................................................................................................... 57
In-Custody or Request for Pick Up Order: Preliminary Hearing ......................................................... 59
Entering Orders ................................................................................................................................... 63
Appointing Attorneys .............................................................................................................................. 64
Selection Process ................................................................................................................................ 64
Drafting the Order............................................................................................................................... 64
Order for Competency Evaluation ...................................................................................................... 64
Appearance Bonds .............................................................................................................................. 66
Fingerprints ......................................................................................................................................... 66
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MI- ............................................................................................................................................... 68
Requests for Order (Cherry Slips) ....................................................................................................... 69
Detention List - Notification of New Child in Custody ........................................................................ 69
Court Order / Probation Violation Petitions ....................................................................................... 69
Pick Up Orders .................................................................................................................................... 71
Closing the Case File............................................................................................................................ 74
Deferred Disposition ....................................................................................................................... 74
Probation ........................................................................................................................................ 75
Dismissal (Not guilty, dismissed as part of plea deal) ..................................................................... 75
Expunging Diversion and Consent Records......................................................................................... 75
"I was told my case was dismissed and now it appears on my background check” ........................... 76
"The Secretary of State suspended my license and said it was your fault" ........................................ 76
Petition to Set Aside Adjudication ...................................................................................................... 77
Probation Programs & Officers At-A-Glance....................................................................................... 78
Inquiry ................................................................................................................................................. 79
Summer Sports Camps ........................................................................................................................ 79
3.
NEGLECT / ABUSE............................................................................................................................ 80
Creating an Electronic File (opening in eNact) .................................................................................... 80
Appointing a GAL for the child ............................................................................................................ 81
Selection Process ............................................................................................................................ 82
Drafting the Order............................................................................................................................... 82
Case Assignment (Hearing Officer) and Standard Events ................................................................... 82
Scheduling the First Event................................................................................................................... 83
Not in Custody: Preliminary Inquiry ............................................................................................... 83
In-Custody (w/take and place order): Preliminary Hearing ........................................................... 83
Appointing Attorneys / GALs for Parents............................................................................................ 83
Selection Process ............................................................................................................................ 84
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Drafting the Order(s)....................................................................................................................... 84
Entering Orders ................................................................................................................................... 84
Youth AWOL - Pick Up Order .............................................................................................................. 84
Termination of Parental Rights ........................................................................................................... 85
Closing the File .................................................................................................................................... 87
Child Returned to Birth Parent(s).................................................................................................... 87
Child Adopted ................................................................................................................................. 87
Child Aged-Out ................................................................................................................................ 87
Juvenile Guardianship ......................................................................................................................... 88
Voluntary Foster Care Case ................................................................................................................. 88
CASA (Court Appointed Special Advocates) ........................................................................................ 89
Private Agencies .................................................................................................................................. 90
DHS Workers At-A-Glance................................................................................................................... 90
4.
Parental Waivers ............................................................................................................................. 94
III.
PROBATE CASES .............................................................................................................................. 96
GUARDIANSHIPS ..................................................................................................................................... 96
1.
GUARDIANSHIP OF A LEGALLY INCAPACITATED INDIVIDUAL (GA) ............................................. 96
Interested Parties (Initial petition, mod/term petition, annual report) ......................................... 96
Request for Notice .......................................................................................................................... 97
Required Documents at Case Filing ................................................................................................ 98
Creating an Electronic File (opening in eNact) ................................................................................ 99
Creating the Case File Jacket ......................................................................................................... 101
Emergency (Temporary Guardianship) Hearings .......................................................................... 102
Request / Review Process ......................................................................................................... 102
Additional Required Documents ............................................................................................... 102
Scheduling the Event................................................................................................................. 102
Following the Hearing ............................................................................................................... 103
Scheduling the Event - Full Hearing on Initial Petition ................................................................. 103
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Appointing GAL / Attorney............................................................................................................ 104
Following the Full Hearing ............................................................................................................ 105
LEIN ........................................................................................................................................... 105
Processing Orders ..................................................................................................................... 105
Compliance Screen.................................................................................................................... 105
Disposition Code ....................................................................................................................... 106
Petition to Modify ......................................................................................................................... 107
Required Documents ................................................................................................................ 107
Scheduling the Event................................................................................................................. 107
Appointing GAL / Attorney........................................................................................................ 107
Following the Hearing (adding/changing guardians on eNact) ................................................ 108
Petition to Terminate .................................................................................................................... 112
Required Documents ................................................................................................................ 112
Scheduling the Event................................................................................................................. 112
Appointing GAL / Attorney........................................................................................................ 112
Following the Hearing ............................................................................................................... 113
Annual Report Procedure ............................................................................................................. 116
Guardianship Review / Investigations .......................................................................................... 117
Change of Venue ........................................................................................................................... 118
Ward moves out of State .......................................................................................................... 118
Ward moves out of the county ................................................................................................. 120
Ward moves to Washtenaw County from another Michigan County ...................................... 121
Ward moves to Washtenaw County from another State ......................................................... 122
Closing procedures........................................................................................................................ 124
Death of Guardian / Death of Ward ......................................................................................... 124
Processing Closing Orders and LEIN Removal ........................................................................... 124
Closing Electronic (eNact) and Paper Files ................................................................................ 125
MINOR GUARDIANSHIP (LG / GM) ............................................................................................ 126
By Parental Appointment in Will .................................................................................................. 126
Indian Child Welfare Act ............................................................................................................... 128
Interested Parties (Initial petition, mod/term petition, annual report) ....................................... 129
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Request for Notice ........................................................................................................................ 129
Required Documents at Case Filing .............................................................................................. 131
Creating an Electronic File (opening in eNact) .............................................................................. 132
Creating the Case File Jacket ......................................................................................................... 135
Emergency (Temporary Guardianship) Hearings .......................................................................... 136
Request / Review Process ......................................................................................................... 136
Additional Required Documents ............................................................................................... 136
Scheduling the Event................................................................................................................. 136
Following the Hearing ............................................................................................................... 137
Scheduling the Event - Full Hearing on Initial Petition ................................................................. 139
Following the Full Hearing ............................................................................................................ 140
Processing the Orders ............................................................................................................... 140
Compliance Screen.................................................................................................................... 140
Disposition Code ....................................................................................................................... 140
Petition to Modify ......................................................................................................................... 141
Required Documents ................................................................................................................ 141
Scheduling the Event................................................................................................................. 141
Following the Hearing ............................................................................................................... 141
Petition to Terminate .................................................................................................................... 143
Required Documents ................................................................................................................ 143
Scheduling the Event................................................................................................................. 143
Following the Hearing ............................................................................................................... 143
Annual Report Procedure ............................................................................................................. 144
Guardianship Review / Investigations .......................................................................................... 145
DHS (Department of Human Services) Investigations .................................................................. 145
Minor Returned to Parent............................................................................................................. 146
Change of Venue ........................................................................................................................... 148
Ward moves out of State .......................................................................................................... 148
Ward moves out of the county ................................................................................................. 148
Ward moves to Washtenaw County from another Michigan County ...................................... 148
Ward move to Washtenaw County from another state ........................................................... 148
Hockey Guardianships................................................................................................................... 150
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Closing the Case File...................................................................................................................... 150
Death of Ward........................................................................................................................... 150
Ward Reaches Age 18 ............................................................................................................... 150
GUARDIANSHIP OF A PERSON WITH A DEVELOPMENTAL DISABILITY (DD) ............................. 152
Interested Parties.......................................................................................................................... 152
Required Documents at Case Filing .............................................................................................. 153
The 612 Report.............................................................................................................................. 154
Emergency (Temporary Guardianship) Hearings .......................................................................... 155
Case Initiation ............................................................................................................................... 156
Creating an Electronic (opening case in eNact) and Scheduling the Event .............................. 156
Creating the Case File Jacket..................................................................................................... 157
Appointing Attorney ................................................................................................................. 158
Ward's Presence at Hearings .................................................................................................... 159
Following the Full Hearing ............................................................................................................ 160
Processing Orders ..................................................................................................................... 160
Compliance Screen.................................................................................................................... 160
Disposition Code ....................................................................................................................... 161
Petition to Modify / Terminate / Continue (to extend letters)..................................................... 162
Fiduciary and Responsibilities / Compliance................................................................................. 164
Annual Report Procedure ......................................................................................................... 164
Guardian of the Estate: Inventory and Annual Accounts Procedure ....................................... 165
Inventory ............................................................................................................................... 165
Annual Account Procedure & Bright lining ........................................................................... 165
3 Year Hearings in DD Guardianship Cases ........................................................................... 167
Final Account - Proof of Transfer of Assets ........................................................................... 168
Guardianship Review / Investigations ...................................................................................... 168
Fiduciary Deficiencies................................................................................................................ 169
Guardian / Respondent Move....................................................................................................... 171
Death of Guardian / Respondent .................................................................................................. 171
Letters Expired .............................................................................................................................. 172
Closing Electronic (eNact) and Paper File ..................................................................................... 173
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CONSERVATORSHIPS............................................................................................................................. 174
1.
PROTECTIVE ORDERS (PO) ........................................................................................................ 174
Interested Parties.......................................................................................................................... 174
Request for Notice........................................................................................................................ 175
Required Documents at Case Filing .............................................................................................. 176
Creating an Electronic Case File (opening case on eNact) ............................................................ 177
Emergency Hearings ..................................................................................................................... 180
Request Review Process........................................................................................................... 180
Additional Required Documents ............................................................................................... 180
Scheduling the Event................................................................................................................. 180
Following Hearing ..................................................................................................................... 181
Scheduling the Event - Full Hearing on Petition ........................................................................... 182
Appointing GAL / Attorney............................................................................................................ 183
Following the Full Hearing ............................................................................................................ 184
Compliance Screen.................................................................................................................... 184
Disposition Code ....................................................................................................................... 184
Petitions to Modify or Terminate ................................................................................................. 185
Closing the Case File...................................................................................................................... 185
2.
ADULT CONSERVATORSHIP (CA) ............................................................................................... 186
Interested Parties.......................................................................................................................... 186
Request for Notice........................................................................................................................ 187
Required Documents at Case Filing .............................................................................................. 188
Creating the Electronic File (opening case on eNact) ................................................................... 189
Creating the Case File Jacket ......................................................................................................... 192
Emergency (Temporary Conservatorship) Hearings ..................................................................... 193
Request / Review Process ......................................................................................................... 193
Additional Required Documents ............................................................................................... 193
Scheduling the Event................................................................................................................. 193
Following the Hearing ............................................................................................................... 194
Scheduling the Event - Full Hearing on Initial Petition ................................................................. 195
Appointing GAL ............................................................................................................................. 196
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Petition Withdrawn / Ward Dies Before Hearing (Letters not yet Issued) ................................... 197
Following the Full Hearing ............................................................................................................ 198
Processing Orders ..................................................................................................................... 198
Compliance Screen.................................................................................................................... 198
Disposition Code ....................................................................................................................... 198
Bonds ............................................................................................................................................ 199
Subsequent Petitions .................................................................................................................... 202
Petition to Modify or Terminate ............................................................................................... 202
Petition to Allow Account ......................................................................................................... 203
Petition to Sell Real Estate or Petition for Instructions ............................................................ 203
Fiduciary Responsibilities .............................................................................................................. 205
Inventory ................................................................................................................................... 205
Proof of Restricted Account ...................................................................................................... 205
Annual Account Procedure & Bright lining ............................................................................... 205
3 Year Hearings in Conservatorship Cases ................................................................................ 207
Changing the Accounting / Reporting Period ........................................................................... 208
Final Account - Proof of Transfer of Assets ............................................................................... 209
Change of Venue ........................................................................................................................... 211
Ward moves out of State .......................................................................................................... 211
Ward move out of the county................................................................................................... 211
Ward moves to Washtenaw County from another Michigan county ....................................... 212
Ward moves to Washtenaw County From Another State: ....................................................... 213
Death of Ward............................................................................................................................... 214
Suspending the Fiduciary and Appointing a Special Fiduciary ...................................................... 214
Successor Conservator Appointed ................................................................................................ 214
Closing the Case File...................................................................................................................... 216
3.
MINOR CONSERVATORSHIP (CY) .............................................................................................. 217
Interested Parties.......................................................................................................................... 217
Request for Notice ........................................................................................................................ 218
Required Documents at Case Filing .............................................................................................. 219
Creating the Electronic File (opening case on eNact) and Scheduling the Event ......................... 220
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Creating the Case File Jacket......................................................................................................... 223
Emergency (Temporary Conservatorship) Hearings ..................................................................... 223
When / How to Appoint a GAL...................................................................................................... 224
Following Full Hearing................................................................................................................... 225
Processing Orders ..................................................................................................................... 225
Set PRE for Follow-Up ............................................................................................................... 225
Compliance Screen.................................................................................................................... 225
Disposition Code ....................................................................................................................... 226
Petition to Approve Settlement .................................................................................................... 227
Subsequent Petitions: To Modify, Terminate, Sell Real Estate, or Use Funds ............................. 227
Interested Parties...................................................................................................................... 227
Required Documents ................................................................................................................ 227
Scheduling Event and Next Steps.............................................................................................. 228
Fiduciary Responsibilities .............................................................................................................. 229
Proof of Restricted Account / Inventory ................................................................................... 229
Annual Verification of Funds on Deposit and / or Annual Account .......................................... 229
Minor Reaches Age 18 / Final Account ..................................................................................... 230
Suspending the Fiduciary and Appointing a Special Fiduciary ...................................................... 231
Closing the Case File...................................................................................................................... 231
DECEDENT ESTATES (PE, DE, DA) .......................................................................................................... 232
Interested Parties.............................................................................................................................. 232
Demand for Notice............................................................................................................................ 233
Priority for Appointment – Who May File an Application or Petition .............................................. 234
Petition and Order for Assignment ................................................................................................... 235
1.
Required Documents ............................................................................................................ 235
2.
Open the Electronic Case File and Route to Referee for Review.......................................... 235
3.
Following Review by Deputy Register / Referee ................................................................... 236
Application for Informal Probate and / or Appointment of PR ........................................................ 237
1.
Required Documents ............................................................................................................ 237
2.
Open the Electronic Case File and Route to Referee for Review .......................................... 237
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a)
Application Denied by Deputy Register / Referee ............................................................ 238
b) Application Granted by Deputy Register / Referee .............................................................. 238
Certifying the Letters ............................................................................................................ 238
Updating eNact ..................................................................................................................... 238
Microfilming the Will ............................................................................................................ 239
Petition for Probate and / or Appointment of PR ............................................................................. 240
1.
Required Documents ............................................................................................................ 240
2.
Scheduling the Event............................................................................................................. 240
3.
Micro-filming the Will ........................................................................................................... 240
4.
Following the Hearing ........................................................................................................... 241
Processing the Order......................................................................................................... 241
Update eNact .................................................................................................................... 241
Creating an Electronic Case File (opening in eNact) ......................................................................... 243
PR's Responsibilities: ......................................................................................................................... 247
Inventory ....................................................................................................................................... 247
Amended Inventories.................................................................................................................... 248
If Supervised: Annual Accounts (DA) ........................................................................................... 248
Annual Notice of Continued Administration................................................................................. 249
Requirement to Publish for Creditors ........................................................................................... 249
Proper Closing Procedures ................................................................................................................ 250
Sworn Statement to Close Unsupervised Estate (pc591) ............................................................. 250
Sworn Statement to Close - Summary Proceedings (pc590) ........................................................ 251
Petition for Complete Estate Settlement ...................................................................................... 251
Letters Expired / Notice of Intent to Close Estate Administration ................................................... 253
Claims / Response to Claims ............................................................................................................. 254
Petitions / Motions Following Appointment of PR ........................................................................... 254
Re-Opening Closed Estates ............................................................................................................... 254
Closing the Electronic and Paper Case Files ...................................................................................... 254
Miscellaneous Decedent Estate Actions ............................................................................................... 256
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Ancillary Proceedings for Nonresident Decedents ........................................................................... 256
Swearing-In PRs Appointed in Another State ................................................................................... 256
Determination of Heirs (as a Separate Proceeding) ......................................................................... 256
Examination of Decedent's Safe Deposit Box ................................................................................... 257
Wrongful Death Settlement .............................................................................................................. 258
Establishing a Decedent's Death in Unusual Circumstances ............................................................ 259
Funeral and Burial Arrangements ..................................................................................................... 259
Disappeared Heirs ............................................................................................................................. 260
TRUST FILES ........................................................................................................................................... 261
Interested Parties.............................................................................................................................. 261
Required Documents at Case Filing .................................................................................................. 262
Creating the Electronic File & Scheduling the Event ........................................................................ 263
Registering Trusts (TR) ...................................................................................................................... 266
Creating the Case File Jacket............................................................................................................. 267
GAL Appointments ............................................................................................................................ 267
Following the Hearing ....................................................................................................................... 268
Adjourned / Continued ................................................................................................................. 268
Granted or Dismissed.................................................................................................................... 268
Process Order: ........................................................................................................................... 268
Disposition Code: ...................................................................................................................... 268
Supervision Ordered: ................................................................................................................ 268
Re-Opening the Trust File ................................................................................................................. 269
CIVIL CASES (CZ FILINGS) ....................................................................................................................... 270
WILLS ..................................................................................................................................................... 272
Wills for Safe Keeping ....................................................................................................................... 272
Will Filed After Death / Will with No Assets ..................................................................................... 276
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OTHER MISCELLANEOUS PROBATE CASE FILINGS ................................................................................ 279
Advance Directives Proceedings ....................................................................................................... 279
Challenges to Established Power of Attorney ............................................................................... 279
Challenges to Established Patient Advocate ................................................................................. 279
Challenges to Do-Not-Resuscitate Orders .................................................................................... 280
Marriages .......................................................................................................................................... 280
Secret Marriages ........................................................................................................................... 280
Persons Under Marriageable Age ................................................................................................. 281
Record of Marriage Performed by Retired Probate Judge ........................................................... 281
Application Regarding Lost Deed, Mortgage, or Other Instrument ................................................. 281
Application to Compel Support of Poor Person ................................................................................ 282
Kidney Donation by Minor ................................................................................................................ 282
Uniform Transfers to Minors Act Proceedings ................................................................................. 282
Drain Appeals .................................................................................................................................... 283
Emancipation ........................................................................................................................................ 284
Interested Parties.............................................................................................................................. 284
Required Documents at Case Filing .................................................................................................. 284
Creating the Electronic and Paper Case Files – Scheduling the Event and Serving Notice ............... 284
MENTAL HEALTH - See Mental Health Manual /September 2013 ....................................................... 285
IV.
ACTIONS APPLICABLE TO MULTIPLE CASE TYPES ......................................................................... 286
Adjournments / Stipulations & Orders ................................................................................................. 286
Amending Letters .................................................................................................................................. 287
Appeals.................................................................................................................................................. 287
Appointing Attorneys / GALs ................................................................................................................ 288
Case File Jacket Organization - Creating Paper Files............................................................................. 292
Change of Address / Returned Mail ...................................................................................................... 293
Venue / Change of Venue ..................................................................................................................... 294
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Juvenile Delinquency MCL 712A.2 .................................................................................................... 294
Juvenile neglect/abuse & Adoptions ................................................................................................ 294
Probate.............................................................................................................................................. 294
TRANSFER OF JURISDICTION AND CHANGE OF VENUE .................................................................... 294
Juvenile Delinquency and Neglect Matters: ................................................................................. 294
Probate Matters – Change of Venue: ........................................................................................... 299
Counter Duties ...................................................................................................................................... 301
Docket Organization and Scheduling Events (Common Event Codes) ................................................. 301
Special Scheduling Issues .................................................................................................................. 301
Commonly Used Event Codes in Probate & Mental Health Cases.................................................... 302
Commonly Used Event Codes in Delinquency & Neglect / Abuse Cases .......................................... 303
Motion for Summary Disposition ...................................................................................................... 305
Status Conferences with Judge / Judicial Attorney........................................................................... 305
7-Day Orders ......................................................................................................................................... 306
Docket Management - Pulling and Posting ........................................................................................... 306
Docket Management – Preparation ..................................................................................................... 309
Docket Management - After the Hearing (Probate) ............................................................................. 311
Fax Machine - Acceptable Filings .......................................................................................................... 314
Fee Waiver - Waiver / Suspend of Fees and Costs ............................................................................... 314
Fiduciary Compliance Management ..................................................................................................... 315
Notification of Case Expiration Dates and Other eNACT reports: .................................................... 331
FIDO (Fiduciary) Class............................................................................................................................ 332
File Room Management........................................................................................................................ 332
ICHAT (Background Check on Proposed Fiduciaries) ............................................................................ 334
Independent Medical Exam (IME) Policy .............................................................................................. 335
Interpreters ........................................................................................................................................... 338
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Motion and Order to Show Cause ........................................................................................................ 338
Opening and Processing the Mail ......................................................................................................... 339
Personal Service .................................................................................................................................... 340
Pick Up Orders / Warrants / Recalls...................................................................................................... 342
Record Retention Policy ........................................................................................................................ 345
Record Searches .................................................................................................................................... 347
State Archives ................................................................................................................................... 348
Request to Appear by Telephone ......................................................................................................... 349
Third Floor Reception Duties ................................................................................................................ 349
Transport of Washtenaw County Jail inmates to Court Hearings......................................................... 351
Withdrawn Petitions ............................................................................................................................. 351
Writs ...................................................................................................................................................... 352
V.
FINANCIAL PROCEDURES .................................................................................................................. 354
Internal Controls - Cash Trays ............................................................................................................... 354
Manual Receipting ................................................................................................................................ 355
Personal Check Cashing Policy .............................................................................................................. 355
Receipting Payments............................................................................................................................. 355
Bond Payments ................................................................................................................................. 358
Processing Checks From the Mail ......................................................................................................... 359
Credit Card Processing - In-Person and Over the Phone ...................................................................... 359
Start of Day ........................................................................................................................................... 361
End of Day ............................................................................................................................................. 362
Voiding Payments ................................................................................................................................. 362
APPENDIX A – CASE TYPES ........................................................................................................................ 363
Appendix B: ORI Codes............................................................................................................................. 365
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APPENDIX C – QUICK REFERENCE GUIDE TO ORDER DISTRIBUTION ........................................................ 367
APPENDIX D – HANDBOOK OF LEGAL TERMS – MICHIGAN JUDICIAL INSTITUTE ..................................... 369
Appendix E: Developmental Disability Docket – Filing Requirements and Actions.................................. 406
APPENDIX F: JUVENILE DELINQUENCY PETITION QUICK REFERENCE GUIDE .......................................... 409
Items underlined and in blue = links to documents on the intranet or internet
Items italicized and underlined = links to other sections within this manual
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I. GENERAL INFORMATION
STAFF CONTACT INFORMATION
Room
Telephone
Number
Number
Administrator/Referees/Coordinator
3103H
Edwards-Brown, Linda Administrator
222-6907
3103J
Altenburg, Gail Referee
222-6903
3106B
Owdziej, Julia Referee
222-6903
3106A
Schikora, Molly Referee
222-6903
3103F
Jones, Tamala Coordinator
222-6903
ADOPTIONS
3101C
Hicks, Monica Adoption Caseworker
222-6938
CASA PROGRAM
3109B
Tesoriero, Joyce, CASA Coordinator
222-3734
3109A
Harmon, Gini CASA Volunteer Leader
222-6933
3109D
222-6908
3109C
222-9572
DRUG COURT SERVICES
3101G
Mapes, Kari Drug Court Coordinator
222-6925
3101N
Vacant, JDC PO
222-9583
3101T
Hayes, Tonia JDC PO
222-6929
GUARDIANSHIP INVESTIGATIONS
3104D
LaBarre, Brian Investigations Coordinator
222-6914
PROBATION SUPERVISORS
3104B
Malcolm, Bill Intensive Probation/NS
222-6924
3101A
Shaw, Deborah Special Projects Manager/Diversion
222-6923
3101E
White, Donna Probation/Drug Court/CSC
222-6913
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INTENSIVE PROBATION/CASEWORK STAFF
3104E
Jefferies, Zan Intensive Probation
222-6920
3104C
Snelling, Thomas Intensive Probation
222-6930
3104A
Stein, Sarah Intensive Probation
222-6926
3104
Tether Phone Line
222-3244
PROBATION/CASEWORK
3101R
Ashmore, Jessica CSC Probation
222-6954
3101L
Bernard, Kent Probation
222-6917
3101S
Hollis, Jim Diversion
222-6939
3101K
Palmer, Javonda Probation
222-6922
3101M
Madden, Paula Probation
222-6919
3101Q
Miller, Aaron Diversion
222-6942
3101J
Rutsey, Michele Probation
222-6927
3101H
Weiland, Kassie Probation
222-6936
3101P
Williams, Quintin CSC & JDC Probation
222-6963
NIGHT SURVEILLANCE
3107A
Cofield, Frederick Night Surveillance Lead
222-3724
3107B
Herter, Jason Night Surveillance
222-3741
3107C
Vaughn, Nathan Night Surveillance
222-6912
3107D
Zellner, Stacia Night Surveillance
222-6769
3107E
COURT CLERK/CLERK RECORDER SUPERVISOR
First floor
Synowiec, Susan Supervisor
222-6941
COURT CLERK/REPORTER STAFF
Angelocci, Roxanne Reporter
222-3787
Barnard, Lindsay Clerk
222-3098
Belkonen, LeAnn Reporter
222-3017
Coleman, Donna Reporter
222-3025
Gerstler, Terri Reporter
222-3094
Dennis, Michelle Clerk
222-6943
Edmonds, Niquitisha Reporter
222-6935
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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Garant, Brianna Reporter
222-3064
Goethel, Erica Clerk
222-3081
Green, Rainelle Clerk
222-3065
Hayward, Andrea Reporter
222-3062
Jenkins, Makaiyah Clerk
222-3593
Jones, Cheryl Reporter
222-9571
Kirk-Malcolm, Lucile Reporter
222-6937
Mancini, Laurynn Clerk
222-3394
Mason, Corey Clerk
222-9592
Streeter, Katherine Reporter
222-6934
Thomas, Kanisha Lead Clerk
222-6916
Warzyniec, Sarah Clerk
222-3059
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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JUVENILE FEE SCHEDULE (AT-A-GLANCE)
Assessment
Required or
Discretionary
Amount
Requirements
Waivable
Assessed to:
Fines
Discretionary
Yes
Juvenile
Costs
Discretionary
Yes
Juvenile
State
Minimum
Costs
Required if two
other assessments
are ordered
No
Juvenile
No
Juvenile
Crime Victim
Rights
Assessment
Require if offense
adjudicated is a
felony or
misdemeanor
$50 – Misdemeanor
$68 – Felony
One assessment
/dispositional order
based upon
adjudication; $25 for
felony or
misdemeanor
Juvenile
No – Juvenile
Restitution
Required
Yes – Parent(s)
Parent(s) having
supervisory responsibility
for the juvenile at the
time of the acts upon
which an order of
restitution is based
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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PROBATE FEE SCHEDULE (AT-A-GLANCE CHART)
Initial Filing Fees:
MI and DD Cases
Secret Marriage
Registration of Trust
Petition for Assignment (small estate)
Petition to Dispose of Unclaimed Body
Petition to Open Safe Deposit Box
Adoption – Petition for Identifying/Non-Identifying Information
CODE
FEE
NO CHARGE
SECMARR $3 +
RETRF
$25
SMFI/..
$25 plus INV & CERT fee
NO CHARGE
BXFIF
$10 + $12 CERT
$20 + $12 CERT if
requesting adoption order
Adoption – Petition to Appoint Confidential Intermediary
$30
Adoption – Initial Petition
$150
All Other Cases
$150
Publication Costs
At petitioner’s expense
Certified Copies
CERTCPY $10 + $2/page
Photocopies
CPY
$2/page
Each Account
ACMOFE $20
Proof of Restricted Account in CY case as substitute for Accounting
NO CHARGE
Petition for Reinstatement
ACMOFE $20
Motions, Petitions, Amended Petitions, Objections, Answer, Responses, etc
MI and DD Cases
NO CHARGE
Petition and Order to Use Funds – Minor CY Cases
NO CHARGE
All Other Cases – one fee regardless of number of document filed ACMOFE $20
at one time
Filed by Ward or GAL
NO CHARGE
Answer, Briefs, Reports
NO CHARGE
Objections
$20
Statement and Proof of Claim
$20
Will for Safekeeping
WSKF
$25
Filing of Letters by Foreign Personal Representative
$10
Request to Issue Oath to Out of State Appointed PR (commission to take testimony)
$7
NO Fee is Assessed When:
Petitioner is deemed indigent (no fee for an Affidavit for Suspension of fees)
Any case under the Mental Health Code (DD / MI)
Government is petitioner (including but not limited to the Attorney General, DHS, County Treasurer, CSTS, the VA, and the Public
Administrator)
For filing fee information on less common actions, see
http://courts.mi.gov/Administration/SCAO/Resources/Documents/other/pfee.pdf Last updated 3/28/13
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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PROBATE GAL / ATTY APPOINTMENTS (AT-A-GLANCE)
When to Automatically Appoint an Attorney or GAL (prior to the first hearing)
Initial Petition
Petition to Modify
Minor Guardianship
At Judge/Referee Request
Minor Conservatorship
At Judge/Referee Request
Minor Protective Order
wrongful death suit
GAL
Petition to Terminate
Conservatorship (CA)
Filed by Ward
Filed by Other
GAL (unless proposed
N/A
ward is already
represented by attny or
N/A
is mentally competent
but physically infirm)
GAL (unless proposed
ward is already
represented by attny or
is mentally competent
but physically infirm)
GAL (unless proposed
ward is already
represented by attny)
Attorney
Attorney
GAL
GAL
Guardianship (GA)
Filed by Ward
Filed by Other
Adult Protective Orders
Petition to Sell Real Estate
GAL
At Judge/Referee Request
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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FILE ACCESS POLICY
The public may view case files at any time during normal office operations. If the case file is in
storage, there may be a three business-day waiting period to allow time for retrieval of the file.
All public requests for files and/or copies must be made on a “File/Copy Request Form” and
must specify a complete case number or party names. (If the person requesting the file does
not have this information, see LAO CC22-2004-01 for further instructions.)
First determine if the file may be viewed (see above). When the file is retrieved, the clerk is to
put the request form in a yellow “out” card, which is then placed on the file shelf in lieu of the
legal file. If there are multiple file numbers on the request form; copies will need to be made
and placed in yellow “out” cards for each legal file.
Remove the non-public file. Hand the Public portion of the file to the viewer with these instructions:
Do not remove any document from the file;
Place a paper clip on any document of which you would like a copy;
Copies cost $2 per page (Court appointed attorneys and representatives of other governmental
agencies are not charged for copies);
The file must remain in the Juvenile / Probate office (the person may sit in the chairs or in the
file viewing room). Court staff and Court Volunteers (Interns, CASAs) may take the file to their
office but must return it by the end of the day.
When the file is returned to the shelf, the “out” card is to be removed; and the request form is
to be placed in the social/non-public file.
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CONFIDENTIAL VERSUS PUBLIC INFORMATION AT-A-GLANCE
There are a number of portions of the case files that are considered non-public;
PUBLIC INFORMATION
Contents of Juvenile Delinquency Legal File
Contents of Neglect Legal File, Pre-Termination of
Parental Rights
Juvenile Delinquency Hearings
Neglect Proceedings
Conservator Case File
Guardianship Case File
NON-PUBLIC INFORMATION
Contents of Juvenile Delinquency Social File
Contents of Neglect Social File
Contents of Neglect Legal File, Post-Termination of
Parental Rights
Consent Calendar Cases - Entire File
Diversion Cases – Entire File
Youth Participating in CSC Alternative Treatment
Program – Entire File
Adoption Files
Non-Public Information File
Minor Social History
Report after Review of Guardianship
Filing – Where to File Specific Documents – JUVENILE CASE FILES
LEGAL FILE – RED/BLUE
ABSTRACTS/REPORT OF FAX TRANSMISSION
ATTORNEY APPEARANCES
ATTORNEY APPOINTMENTS
CERTIFICATION OF RECORDS
COMPLAINTS
DETENTION RELEASE
DETENTION REMAND
COURT ORDERS
JUVENILE DRUG COURT GREEN
REMANDS/RELEASES
JURY DEMANDS
MOTIONS
NOTICE OF HEARING
PETITIONS
PDA APPOINTMENT ½ SHEET
PROOF OF SERVICE
PUBLICATION/PROOF OF FAXING PUBLICATION
PUBLICATION AFFIDAVIT
RECORD OF HEARING
REQUEST FOR ORDER
REQUEST FOR TRANSCRIPT
STANDARD PRE-TRIAL ORDER
STIPULATIONS
SUMMONS/PROOF OF SERVICE/SUBPOENAS
SOCIAL FILE - LAVENDER
AFFIDAVIT OF PARENTAGE
BIRTH CERTIFICATES
CORRESPONDENCE
DHS/POS REPORTS
EMAILS
EXHIBITS (PUT INSIDE MANILA ENVELOPES—LABEL
THEM)
INTERIM BOND RECEIPTS
MEDICAL RECORDS/REPORTS
PETITION REQUEST REVIEW
POLICE REPORTS
PSYCHOLOGICAL REPORTS
PROBATION CLOSING SUMMARIES
PROBATION REPORTS
PROGRAM COMPLETION PROOFS
RECEIPTS
RETURNED MAIL
GAIN-SS SHEETS
TRAVEL LETTER AUTHORIZATIONS
VICTIM IMPACT STATEMENTS
WEEKLY PROGRESS REPORTS
YOUTH HOME INCIDENT REPORTS
YOUTH HOME PASSES
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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Filing – Where to File Specific Documents – PROBATE CASE FILES
LEGAL FILE – RED/BLUE
Death Certificate
Wills (in DE / DA cases)
Applications
Petitions
Motions
Annual Accounts
Annual Reports of Guardians
Inventories
Communication from Guardians or Wards
All future documents chronologically
including correspondence to and from
court staff
NON-PUBLIC - MANILLA
Birth Certificates
Driver’s License
ICHAT Report
Social History
612 Reports
Investigation Reports
DHS Reports
Friend of the Court Reports
Internal memos/case notes
Confidential Settlements **
Secret Marriages (any info)
Adoptions (including presence of case)
WSK – Wills for Safekeeping - cannot acknowledge
it without a death certificate or return it to the
testators without receipt and photo ID
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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Juvenile / Probate Dockets – Where to Find Key Resources
Attorney Appointment Lists/Contact Information
A. Developmental Disability / MHP
G:\PROBATE\MENTAL HEALTH ATTORNEY LIST
B. Juvenile
Public Defender: 734/222-6970
Legal Defense Group: 734/222-8084
Julington: 734/769-7677
University of Michigan Child Law Clinic: 734/763-5000
Secondary List: A complete listing of juvenile attorneys can be found at the following link: I:\Telephone
Lists\JuvenileAttorneys.doc.
C. Probate
G:\PROBATE\ATTORNEY GAL LIST\Attorney Lists (GAL, SCHEDULE, DD) 2013.xlsx
Blank Orders / Forms
A. Juvenile
I:\Juvenile Forms & Information
B. Developmental Disability / MHP
G:\PROBATE\MENTAL HEALTH ATTORNEY LIST\DD PAPERWORK
C. Probate
Most Probate WORD forms and documents are found in the G: and I: drives.
Attorney Appointment Order: I:\Probate Forms\Michigan Probate Forms for Word\PC642.DOC
Fax Cover sheets: ..\..\PROBATE\MENTAL HEALTH ATTORNEY LIST\Mental Health
Paperwork\FAXES\Attorneys
Filing checklists: G:\PROBATE\Probate webpage\Links
List of Doctors for IMEs: G:\PROBATE\MENTAL HEALTH ATTORNEY LIST\Mental Health
Paperwork\INDEPENDENT MEDICAL EXAM\IME PSYCHOLOGISTS.docx
List of Professional Fiduciaries: G:\PROBATE\Registered Guardians\REGISTERED
GUARDIANS.docx
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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Orders and Letters: I:\Probate Forms\Michigan Probate Forms for Word
Pick Up Order Guide (for MHP): G:\PROBATE\MENTAL HEALTH ATTORNEY LIST\Mental Health
Paperwork\Pick Up Orders\PUO Instructions to Petitioner from CSTS 9 20 13.docx
Examples of Completed Orders / Forms I:\Sample Orders
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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Register Responsibilities
Many of the Register’s responsibilities are listed in the Local Administrative Order found at:
http://washtenawtrialcourt.org/general/lao/2011-01J.pdf. Other responsibilities are dictated by policy
or practice. The Register/Deputy Registers may stamp the Judge’s signature on certain orders:
Petition and Order for Assignment
[JBO]
Memorandum of Administrative Closure (DE cases only) [DJS]
Certificate of Completion (unsupervised cases, only) [JBO]
Order Appointing Person to Review / Investigate Guardianship (GA, GM, LG cases) [DJS]
Order for Report on Alternative Treatment and Report [DJS]
Order Appointing Attorney / GAL (in all cases except DD) [DJS]
Order requesting report from DHS [either – JBO if coming from her courtroom]
Change of Venue Motion and Order [DJS]
Order Closing Guardianship:
[DJS]
When minor ward turns 18
When minor has been adopted
When an NAJ case has been filed (and the Referees agree PRP case should close)
When adult ward dies
When ward and guardian have moved out of state (and we have given guardian three
months to obtain guardianship in new state of residence)
Initials in parentheses indicate the first choice or person most likely to request or draft such an order.
The Deputy Probate Registers may cover for each other, though DJS will not be signing petitions and
order for assignment or CICs unless JBO is out for an extended period.
The Deputy Registers are available to interpret); handle emergency hearing requests; intercede when
CSTS is seeking procedural guidance; assist with difficulties with other county courts, attorneys,
fiduciaries, or governmental agencies; and to provide general support.
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When Attorneys must sign and when they may sign for Clients – in Probate
Matters
MCR Rule 5.114 Signing and Authentication of Papers
(A) Signing of Papers.
(1) The provisions of MCR 2.114 regarding the signing of papers apply in probate proceedings except
as provided in this subrule.
(2) When a person is represented by an attorney, the signature of the attorney is required on any
paper filed in a form approved by the State Court Administrator only if the form includes a place
for a signature.
(3) An application, petition, or other paper may be signed by the attorney for the petitioner, except
that an inventory, account, acceptance of appointment, and sworn closing statement must be
signed by the fiduciary or trustee. A receipt for assets must be signed by the person entitled to
the assets. (9/5/2013)
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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SCAO - HOW TO AVOID GIVING LEGAL ADVICE
Legal Advice for Court Employees Quick Reference Guide
CAN PROVIDE
Can provide legal definitions
Reason: Legal terminology can be confusing.
Providing definitions of legal terms or
procedures helps the public understand the
court system and does not involve the
unauthorized practice of law.
Can provide procedural definitions and
explanations
Reason: Court procedures can be confusing.
Explaining various procedures increases the
public’s understanding of the system and does
not violate the concept of neutrality.
Can provide cites for statutes, court rules and
ordinances
Reason: A court employee may cite the legal
authority for a specific procedure.
Can provide case information that is a matter
of public record
Reason: Court support staff can provide case
information that is public. Most court records
are considered public records and therefore,
are available to the public.
Can provide general information about court
operations
Reason: Court employees have considerable
knowledge and information about how a court
functions. Sharing this knowledge of general
court operations is not considered legal advice.
Can provide options
Reason: You can provide information on the
various procedural options available and can
explain how to do something.
Can facilitate access
Reason: Most people are not familiar with the
court system. They often cannot describe their
CANNOT PROVIDE
Cannot provide legal interpretation
Reason: Court support staff cannot provide legal
interpretations because it would be considered
the unauthorized practice of law and would violate
the concepts of neutrality and impartiality.
Cannot provide procedural advice
Reason: Court support staff cannot give
procedural advice, because in doing so they may
favor one party over another or may encourage or
discourage a party from a particular course of
action. You must remain impartial and neutral at
all times. You can, however, point out various
factors that individuals can consider to make the
decision themselves.
Cannot provide research of statutes, court rules
and ordinances
Reason: You cannot research statutes, court rules
and ordinances for parties because it would be
considered the unauthorized practice of law and
violates the concepts of impartiality and neutrality.
Cannot provide confidential case information
Reason: Court support staff cannot disclose nonpublic or confidential information. It is very
important that clerks understand what
information is confidential.
Cannot provide confidential information about
court operations
Reason: Court employees cannot disclose
confidential information about court operations or
ex parte communications because it can give one
side an unfair advantage.
Cannot provide opinions
Reason: You cannot give an opinion on or
otherwise advise parties to use a particular
procedure or remedy.
Cannot deny or discourage access, nor encourage
litigation
Reason: Most people are not familiar with court
procedures or terminology. Legal advice should
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
31
problem in legal terms. Court staff are
gatekeepers to the system. It is their job to
ensure that the court system is accessible.
Can provide general referrals
Reason: General referrals can be made to
agencies and associations that can provide
additional information and assistance.
Can distribute forms and instructions on how
to complete forms
Reason: Court employees must facilitate access
to the court system.
not be used as an excuse not to provide service. If
the question is not asked in the right way, take the
time to clarify what is being asked.
Cannot provide subjective or biased referrals
Reason: Employees of the court must remain
neutral and impartial and cannot make referrals to
specific individuals.
Cannot fill out forms unless there is a handicap or
physical disability that prevents the person from
filling out the form
Reason: Court employees should not fill out forms
for parties because it violates the principles of
neutrality and impartiality. However, there may be
some situations where it is appropriate for clerks
to record information on a form. Some examples
include language barriers (illiteracy or foreign
language) and physical handicaps (blindness or
deafness).
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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RESOURCES FOR PETITIONERS / SELF-HELP
On the first Wednesday of each month, the Washtenaw County Bar Association has an attorney
available at the courthouse to assist customers. These appointments are set within 20 minute
increments starting at 11:00 AM until 1:00 PM. The sign-up sheet is at the front counter and includes
space for the customer’s name, telephone, cell phone, and an indication of the legal issue that they are
seeking to resolve.
Pro Per: A person who represents himself/herself rather than hiring an attorney is a “Pro Per”
litigant
Standards of conduct: Persons acting on their own behalf are held to the same standards and
duties as an attorney admitted to the practice of law in the State of Michigan. Such persons are
expected to know what the law requires and how to accomplish his or her purposed in
accordance with the applicable statues and court rules.
Judges and their staff cannot provide legal advice. Most court employees are not lawyers so
should not be asked to provide legal advice. Employees of the court are only allowed to provide
procedural information. Litigants may refer to the Michigan Court Rules and Michigan laws
when seeking legal guidance.
Seeking Advice: If you need legal advice, please contact an attorney. If you do not have a lawyer
and do not know a specific lawyer to contact, you can be referred to a lawyer through the State
Bar of Michigan or the Washtenaw County Bar Association.
Dispute Resolution Center: This is a non-profit program that provides private and confidential
mediation services on a non-discriminatory basis to all citizens regardless of race, color, gender,
religion, national origin, citizenship, age, sexual orientation, marital status, parental status,
political affiliation, disability, or ability to pay. The Dispute Resolution Center assists individuals,
groups, and businesses to work out their disagreements outside of the court.
Self-Help Information Available: The court has free self-help packets available for some types of
proceedings. Contact the individual court for assistance.
Set Aside Conviction Packets
http://courts.mi.gov/Administration/SCAO/Forms/courtforms/juvenile/jc66.pdf
Other sources for self-help:
1. The State Bar of Michigan has an online legal self-help center that provides resources to the
public.
2. The State Court Administrative Office has self-help information at their website.
3. The Michigan Legal Aid website provides help with legal problems to low income Michigan
residents.
4. The Michigan Legal Help website provides help to persons representing themselves.
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
33
5. Eastern Michigan University Legal Resource Center provides self-help guidance and information
at the following location:
101 E. Huron, 1st floor
PO Box 8645
Ann Arbor, MI 48107-8645
Phone: (734) 994-0160
Indigent: If you are indigent and qualify under specific financial guidelines, you may seek
assistance from the following service.
Legal Services of South Central Michigan
Washtenaw Office
420 North Fourth Avenue
Ann Arbor, Michigan 48104
Phone: (734) 665-6181
Fax: (734) 665-2974
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II.
JUVENILE CASES
If a juvenile is brought before the court in a county other than that in which the juvenile resides, before
a hearing and with the consent of the judge of the court in the county of residence, the court may enter
an order transferring jurisdiction of the matter to the court of the county of residence. Consent to
transfer jurisdiction is not required if the county of residence is a county juvenile agency and satisfactory
proof of residence is furnished to the court of the county of residence. The order does not constitute a
legal settlement in this state that is required for the purpose of section 55 of the social welfare act, 1939
PA 280, MCL 400.55. The order and a certified copy of the proceedings in the transferring court shall be
delivered to the court of the county of residence. A case designated as a case in which the juvenile shall
be tried in the same manner as an adult under section 2d of this chapter may be transferred for venue
or for juvenile disposition, but shall not be transferred on grounds of residency. If the case is not
transferred, the court having jurisdiction of the offense shall try the case.
Case should be heard in the jurisdiction where the parent resides.
1. ADOPTIONS
All adoptions that occur in Washtenaw County – stepparents adopting stepchildren, foster children
being adopted, family-members adopting family members, newborns being adopted, international
adoptions being finalized here – are processed through the Juvenile / Probate Court. The Adoption
Caseworker manages this process and is available to answer questions by potential petitioners. In
addition to processing new adoptions, the Adoption Caseworker responds to requests from former
adoptees, birth parents, and former relatives of adoptees seeking information or seeking to connect
with each other.
All adoption information is confidential.
Once a clerk determines that a Petition for Adoption, Petition for Adoption Information, or Petition to
Appoint a Confidential Intermediary has been filed, the Clerk will create an electronic case record and
process the payment.
Upon receipt of any Adoption Petition, date stamp it “filed.”
Initial Petition
Opening the Case and Obtaining a Case Number:
Click on New Case; when the screen comes up, type ADJ; hit “file.” Next type information into the
following fields:
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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[There are two different petition forms (Petition for Adoption and Petition for Direct Placement
Adoption) and nine different case types. Look to the title of the filing checklist to determine the
applicable case type.]
Case Type:
AB
AC
AD
AF
AG
AM
AN
AO
AY
Adult
Agency International
Direct Placement
Relative
Safe Delivery of Newborn
Agency MCI / Permanent Wards
Non-Relative Guardian
Agency Other
Stepparent
Judge:
Confidential:
Name of Adoptee:
DOB of Adoptee:
CVCC (Judge Shelton)
A (for adoption)
First, Middle, Last (as it appears “In the Matter of:”)
MM/DD/YYYY (line #2 on petition)
Case Information:
Date Filed:
Status:
Status Date:
TODAY’S DATE
OPEN
TODAY’S DATE
(Click OK)
Address of Adoptee: #2 or #8 on petition (current residential address)
Address:
Street, City, State, Zip code
Phone:
XXX-XXX-XXXX
Birth Place:
#2 on petition - State where child was born - if
International Adoption – OC (out-of-country)
(Click OK)
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number (ADJ – XX –XXX - XX) on the petition (top right corner).
Entering Fees and Processing Payment:
Go to the Transaction Selection Screen
Add a Transaction:
Code:
(Click ADD)
JJFF
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Amount should automatically populate to $150
Parcel/Petition: 1
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
Print two copies of the receipt and clip to the petition packet.
If there is a second check in the packet written to the State of Michigan do NOT cash this check. Keep it in the
packet and the Adoption Caseworker will return it.
Forward the petition packet to the Adoption Caseworker on the third floor.
Petition for Adoption Information
Search eNACT for name listed in the “In the matter of” section of the petition. If the name is found,
proceed with the directions below beginning with Docket Screen, recording case number on the
petition. If the name is not found, open case number ADJ 00-001 AD (Dummy Case for Counting) and
proceed.
Go to the Docket Screen
Click ADD
Petition No:
1
Code (1):
RRI (Add Petitioner’s name to the entry)
Date:
TODAY’S DATE
(Click OK)
Go to the Transaction Selection Screen:
Filing Fee:
Certification Fee:
Copy Fee:
Add a Transaction:
Code:
(Click ADD)
$20
$10
$2
JAPF
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Amount should automatically populate to $20.
Parcel/Petition: 1
If certified copies have been requested, update the transaction total (highlighted in yellow) by adding
the initial $20 plus the number of certified copies x $12 (i.e. one certified copy requested = $20 filing fee
+ $10 certification fee + $2 copy fee = $32).
Under the Distribution of Fees:
Type:
JCC1 (certification)
COPY
Amount:
Amount:
$10 (each)
$2 (each)
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number (ADJ-11-111) and the receipt number on the check.
Print two copies of the receipt and clip to the petition packet. Forward the petition packet to the Adoption
Caseworker on the third floor.
Petition to Appoint a Confidential Intermediary
Search eNACT for name listed in the “In the matter of” section of the petition. If the name is found,
proceed with the directions below beginning with Docket Screen, recording case number on the
petition. If the name is not found, open case number ADJ 00-001 AD (Dummy Case for Counting) and
proceed.
Go to the Docket Screen
Click ADD
Petition No:
1
Code (1):
PCI
(Add Petitioner’s name to the entry)
Date:
TODAY’S DATE
(Click OK)
Go to the Transaction Selection Screen:
Add a Transaction:
Code:
JARF
WCTC JUVENILE / PROBATE PROCEDURE MANUAL 11-2013 (REV 1-29-2014)
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(Click ADD)
Amount should automatically populate to $30.
Parcel/Petition: 1
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number (ADJ-11-111) and the receipt number on the check.
Print two copies of the receipt and clip to the petition packet. Forward the petition packet to the Adoption
Caseworker on the third floor.
Occasionally an adoption petition will be accompanied by an Affidavit / Order Suspension of Fees or
Costs. In that instance, forward the Affidavit / Order and Petition to the Adoption Caseworker, drawing
her attention to the unprocessed request to suspend fees and costs. Take no further action.
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2. DELINQUENCY
Creating an Electronic File (opening on eNact)
Delinquency Petition: A formal petition prepared by a prosecuting agency charging a person under the
age of 17 with delinquent behavior, which if they were an adult would be considered a criminal offense.
The petition packet will include an original petition, a two-part complaint, a copy of the police report
and fingerprint cards, if taken. It may, also, include a copy of the prosecutor’s Petition Request Review
form.
Court Jurisdiction: Jurisdiction is determined by where the minor lives, not where the offense occurred
(i.e., if the offense happened in the City of Ann Arbor and the minor lives in Wayne County, the petition
will be transferred to the Wayne County Family Court).
Prosecuting Jurisdiction: If the Washtenaw County Prosecutor’s Office prepared the petition, they are
the prosecuting official (WC). If it was prepared by a city, township or village attorney’s office, they are
the prosecuting official (i.e., if the petition was prepared by the Ypsilanti Township Attorney (YT), they
are the prosecuting official).
If the petition is to be transferred to another jurisdiction, follow the procedure titled Transfer
Jurisdiction – Petition. If the petition is to be kept by this court, the case information needs to be
entered into eNact. Click on New Case; when the screen comes up, type DLJ; hit enter. Next, type
information into the following fields:
Case Type:
DL
Juv Name:
first name/middle name/last name/suffix (if applicable)
DOB:
month (two numbers)/day (two numbers)/year (four numbers)
Date Filed:
today’s date
Status:
Open
Status Date:
today’s date
Case Worker: If a minor is currently under supervision with a probation officer, enter their
initials, otherwise leave blank. If minor is on Diversion or Consent, do not enter the worker’s initials.
On the next screen, fill in the following fields with the information found on the petition and/or
complaint: Address, Sex, Race, Phone, City, State, Zip, School (ENTER). You should now be on the
Delinquency Petition Maintenance screen, and a case number will appear in the Case-ID field. Write the
case number on the petition.
Next, enter data into the following fields:
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Petition Date: Today’s date
Petition Type:
PET
Agency:
agency where officer works (i.e., WC - if Washtenaw County Sheriff’s
Department)
Case No.:
police report number
Prosecuting Jurisdiction:
enter the code corresponding to who prepared the petition (i.e.,
Washtenaw County Prosecutor is WC, Ypsilanti Township
Prosecutor is YT, etc.)
Arrest Date:
if applicable
Arrest Time:
if applicable
Crime Track No.:
CTN on petition
Arresting Officer Name:
First and last, if known
Offense Date, Time, Location:
(on petition or police report)
Charge Code:
PACC corresponding to the offense
You should now be on the Party screen. Update the juvenile information by including any identifying
characteristics listed on the complaint (i.e., hair color, eye color, height, weight, identifying marks). To
do this, click on the circle next to the juvenile’s name; then click on Change. This will allow you to enter
the additional information.
Next, the parent and/or guardian information needs to be entered. Click on Add and hit enter. The
following fields need to be filled in: Juvenile ID (A), Party Type (MOT for mother, FAT for father, etc.),
name, address, city, state, zip, phone. This needs to be done for each party.
If there are multiple offenses on one petition, return to the petition screen. Click on the circle next to
the minor’s name; then click on Add Count. This will take you back to the Delinquency Petition screen
and allow you to enter the additional offense(s). Enter the following information:
Count Number: 002 or 003 or whichever count it is
Offense Date, Time, Location: (on complaint or police report)
Charge Code: PACC corresponding to the offense (the PACC is listed on the face of the petition
see diagram below): In this instance – the PACC is the code contained in brackets [333.74032B-A].
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The next step is to set a preliminary inquiry, unless otherwise instructed by a referee (see instructions
on next page).
Next, send a notice of hearing to the minor and parent(s)/guardian. Prepare a JC45 Notice of
Hearing (found on the I drive: I:\Juvenile Forms & Information\NOTICES-SUMMONS-PUBLICATIONS\JC45 Notice of Hearing WITH PULL DOWNS.doc). A copy of the JC45 needs to be placed in the legal file.
On the computer Docket screen make an entry for the Notice of Hearing (NOH) and indicate who was
sent a copy. Date-stamp the forms and place a checkmark in the upper right-hand corner of each
document to indicate that it was entered on the computer.
Making the Case File Jacket and Probation File
Pull appropriate file folders
Juvenile – Juvenile legal files are pre-numbered. Be sure to pull the public and non-public files that
correspond with the case number obtained in eNact.
Red – Delinquency Public file
Blue – Neglect Public file
Lavender - Non-Public (Social) File for DL and NA The social file in both delinquency and neglect
matters is non-public and can contain documents such as the police report on delinquency cases
and the initial service plan on neglect cases.
Blue – Lightweight file folder with prongs on both sides – Traffic File TO
Brown – Probation files – Probation files do not have file number stickers (the file number is
only placed on the typed label).
Prepare Labels – Labels should be printed or typed in the following manner: on the first line: Last
Name, First Name, Middle Name; Full Case Number DLJ-XX-XXXX); second line: Date of Birth (DOB:
XX/XX/XXXX). Typed labels shall be placed on public, non-public, and probation files.
Organize the File:
Two-hole punch petition and all supporting documents
Place public documents in public file (birth certificates are not public in delinquency cases)
in non-public / social file (see public v. non-public document section below)
o Place extra copies of the petition loosely in the file
In Juvenile Cases:
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Place the non –public / social file in the legal file and place in numerical order on the file shelf. Prepare a
probation file, placing a copy of the petition and police report under the “petition” flap; a copy of the
notice of hearing (preliminary inquiry) under the ‘legal document” flap; and a label on the file folder tab.
The probation file is to be placed in alphabetical order in the file cabinet located in third floor reception
– unless it is a CSC case, in which case it to be put in the CSC supervisor’s mailbox. For diversion cases,
the probation file is given to the Diversion supervisor, and for Consent cases the probation file is placed
inside the legal file for the first hearing.
Scheduling the First Event
Go to the Event screen; then click on add and hit enter. Enter the following information:
Defendant:
A
Petition Number:
001
Judge Code:
FAR3
Event:
JPIS (unless instructed otherwise)
Event Date:
(use calendar I:\CALENDARS - JUDGES\2012 REFEREE HEARING
SCHEDULE.doc and matrix to find available date)
Event Time:
(military time)
Tickets
Tickets can come from any of the local municipalities in Washtenaw County, and are generally for lowlevel misdemeanor offenses. The Juvenile Court does not accept tickets for the following items, and
they must be presented to the court in the form of a petition:
Retail Fraud
Interfering with Police
Possession of Marijuana (or Marihuana)
Assaultive Offenses
Delinquency Tickets
Misdemeanor Citations: If the recipient of a misdemeanor citation is 16 years of age or younger, the
citation is handled by the Juvenile Division. Jurisdiction is determined by where the minor lives, not
where the ticket was written (i.e., if the offense happened in the City of Ann Arbor and the minor lives
in Wayne County, the ticket is to be transferred to the Wayne County Family Court).
Prosecuting Jurisdiction: If a citation is written as a violation of a state statute, the prosecuting
jurisdiction will be the Washtenaw County Prosecutor’s Office (WC). If a citation is written as an
ordinance violation, the prosecuting jurisdiction is the city, village or township prosecutor appointed to
represent that location (i.e., if the ticket is written as a violation of an Ypsilanti Township ordinance,
then the prosecuting jurisdiction is the Ypsilanti Township Attorney (YT).
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When a uniform law citation (ticket) is received by the court, the clerk/recorder processing the ticket is
to determine if this court has jurisdiction. This is done by checking the age of the respondent and the
address of the respondent. If we do not have jurisdiction, the ticket needs to be transferred (see
Transfer Jurisdiction – Ticket).
If the citation is correctly filed in this court, the data is to be entered in eNact. Click on New Case and hit
enter; type DLJ and hit enter. Next, type information into the following fields:
Case Type:
Juv Name:
DOB:
Date Filed:
Case Status:
Case Status Date:
(HIT ENTER)
DL
first name/middle name/last name
month (two numbers), day (two numbers), year (four numbers)
date entered
Open
today’s date
On the next screen, fill in the following fields with the information found on the ticket:
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Address, Sex, Race, School, City, State, Zip (HIT ENTER). You should now be on the Delinquency Petition
Maintenance screen, and a case number will appear in the Case-ID field. That is the court file number
assigned to this ticket.
Next, enter data into the following fields:
Petition Date: today’s date
Petition Type: TCKT
Agency:
agency where officer works (i.e., WC - if Washtenaw
County Sheriff’s Department)
Case No:
police incident number (not always on ticket)
Prosecuting Jurisdiction: enter the code corresponding to how the ticket
was written (i.e., state statute is WC, Ypsilanti Township Ordinance is YT, etc.)
Arresting Officer:
name of officer who wrote the citation
Citation No:
ticket number including letter prefix
Offense Date:
date ticket was written
Time:
military time (i.e., 7:15 p.m. = 19 15)
Loc:
location where ticket was written
Charge Code: state or ordinance code corresponding to the violation
(HIT ENTER)
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If there are two misdemeanor offenses on one ticket, you will need to return to the petition screen and
add the additional count(s).
If the police officer included the parents’ names on the ticket, this information needs to be entered on
the Party screen.
Once the citation information has been entered into eNact in its entirety, a copy of the ticket, with the
case number written on it, needs to be made for the attorney appointment tray. The original citation is
to be placed in a legal file and labels made for the legal file (red) and the social file (purple). The label is
to contain the name of the respondent (last name first), the case number and the respondent’s date of
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birth. If the ticket was written as a violation of an ordinance, write the name of the corresponding city,
village or township on a round, green sticker and place it in the upper right-hand corner of the file.
Once a file has been made, a preliminary inquiry needs to be scheduled on eNact. Click on the Event
icon and enter the following information:
Defendant:
PN (petition number):
Judge Code:
Event Code:
Event Date:
Event Time:
A
001
FAR3
JPIS
(use calendar & computer matrix to find available date)
(military time) 3:00 PM = 1500
The next step is to send a notice of hearing to the minor and parent(s). Prepare a JC45 Notice of Hearing
form. A notice needs to be sent to the minor and the parent(s). If the parents’ names are not on the
ticket, send a notice to “(minor’s name) and parent(s)”.
Next, prepare a buck slip that shows if the minor has any open or closed cases, if they are currently on
probation, include the probation officer’s initials, and indicate whether the ticket is charged under State
Law or as a Local Ordinance, indicate the prosecutor agency; WC = would mean it was charged under
State law and the Washtenaw County Prosecutor is the Prosecuting Agency. If the ticket is charged
under local ordinance, include the eNact receivable code for the local municipality; i.e., Ypsilanti
Township would be a local ordinance and be entered as JYPT. Blank copies of the buck slip can be found
on the I-drive at the following link in the sample orders folder: I:\Sample Orders\previous contact ticket
cases.doc.
Case Name:___________________________________
Case Number:_________________________
TICKET CASE
RECORD OF PREVIOUS CONTACT
Case Number
Open / Closed - Probation
Ticket Charged Under:
Open /
Closed
Open /
Closed
Open /
Closed
Open /
Closed
State Law /
Local Ordinance
Prosecuting Agency:
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Lastly, on the eNact docket screen make an entry for the Notice of Hearing (NOH) and indicate the date
of the hearing and who was sent a copy. A copy of the notice is to be date-stamped and filed in the legal
file. A checkmark should be placed in the upper right-hand corner to indicate that it was entered on the
computer. Once the hearing has been scheduled and the notice of hearing mailed, the file is to be
placed in numerical order on the file shelf.
Traffic Tickets
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Civil Infraction Citations: Specific offenses specified in the uniform traffic code. The Juvenile Division
does not have jurisdiction over civil infraction offenses. These tickets are to be sent to the District
Court assigned to handle the jurisdiction where the offense occurred (i.e., offense happened in City of
Ann Arbor, ticket is sent to 15th District Court).
Misdemeanor Traffic Citations: If the recipient of a misdemeanor traffic citation is 16 years of age or
younger, the citation is handled by the Juvenile Division. However, jurisdiction is handled differently
than civil infractions. Jurisdiction is determined by where the minor lives, not where the ticket was
written (i.e., if the offense happened in the City of Ann Arbor and the minor lives in Wayne County, the
ticket is to be transferred to the Wayne County Family Court).
Citations with Multiple Offenses: If a citation contains more than one charged offense and both
offenses are misdemeanors, the charges are considered separate counts and are placed in the same
court file. If a citation contains both misdemeanor and civil infraction offenses, the misdemeanor copy
of the ticket remains in the juvenile division, and the civil infraction copy(s) is to be sent to the District
Court. (In most cases, the police department has already distributed the copies.)
Prosecuting Jurisdiction: If a citation is written as a violation of a state statute, the prosecuting
jurisdiction will be the Washtenaw County Prosecutor’s Office (WC). If a citation is written as an
ordinance violation, the prosecuting jurisdiction is the city, village or township prosecutor appointed to
represent that location (i.e., if the ticket is written as a violation of an Ypsilanti Township ordinance,
then the prosecuting jurisdiction is the Ypsilanti Township Attorney (YT).
When a uniform law citation is received by the court, the clerk/recorder processing the ticket is to
determine if this court has jurisdiction. This is done by checking the age of the respondent, the address
of the respondent, and the type of offense (civil infraction or misdemeanor). If we do not have
jurisdiction, the ticket needs to be transferred (see Transfer Jurisdiction – Ticket).
If the citation is correctly filed in this court, the data is to be entered in eNact. Click on New Case icon,
type TOJ and hit enter. Next, type information into the following fields:
Case Type:
Juv Name:
DOB:
Date Filed:
Case Status:
Case Status Date:
(HIT ENTER)
TL
first name/middle name/last name
month (two numbers), day (two numbers), year (four numbers)
date ticket received at court or date entered
Open
today’s date
On the next screen, fill in the following fields with the information found on the ticket: Address, Sex,
Race, School, City, State, Zip (HIT ENTER). You should now be on the Delinquency Petition Maintenance
screen, and a case number will appear in the Case-ID field. That is the court file number assigned to this
ticket. Enter data into the following fields:
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Petition Date: date ticket received at court or date entered
Petition Type: TCKT
Agency:
agency where officer works (i.e., WC - if Washtenaw
County Sheriff’s Department)
Case No:
police incident number (not always on ticket)
Prosecuting Jurisdiction: enter the code corresponding to how the ticket
was written (state statute is WC, Ypsilanti Township Ordinance is YT, etc.)
Arresting Officer:
name of officer who wrote the citation
Citation No:
ticket number including letter prefix
Offense Date:
date ticket was written
Time:
military time (i.e., 7:15 p.m. = 19 15)
Loc:
location where ticket was written
Charge Code:
state or ordinance code corresponding to the violation
(HIT ENTER)
If there are two misdemeanor offenses on one ticket, you will need to return to the petition screen and
add the additional count(s).
If the police officer included the parents’ names on the ticket, this information needs to be entered on
the Party screen.
Once the citation information has been entered into eNact in its entirety, a copy of the ticket, with the
case number written on it, needs to be made for the clerk assigned to appointing counsel for minors.
This clerk will typically keep a basket for new petitions. The original citation is to be placed in a legal file
and a label made for the file. The label is to contain the name of the respondent (last name first), the
case number and the respondent’s date of birth. If the ticket was written as a violation of an ordinance,
write the name of the corresponding city, village or township on a yellow sticker and place it in the
upper right-hand corner of the file.
Once a file has been made, a preliminary inquiry needs to be scheduled on eNact. Click on the Event
icon and enter the following information:
Defendant:
PN (petition number):
Judge Code:
Event Code:
Event Date:
Event Time:
A
001
FAR3
JPIS
(use calendar I:\CALENDARS - JUDGES\2012 REFEREE HEARING
SCHEDULE.doc or computer matrix to find available date)
(military time) 3:00 PM = 1500
The next step is to send a notice of hearing to the minor and parent(s). Prepare a JC45 Notice of Hearing
form. A notice needs to be sent to the minor and the parent(s). If the parents’ names are not on the
ticket, send a notice to “(minor’s name) and parent(s)”.
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Next, prepare a buck slip that shows if the minor has any open or closed cases, if they are currently on
probation, include the probation officer’s initials, and indicate whether the ticket is charged under State
Law or as a Local Ordinance, indicate the prosecutor agency; WC = would mean it was charged under
State law and the Washtenaw County Prosecutor is the Prosecuting Agency. If the ticket is charged
under local ordinance, include the eNact receivable code for the local municipality; i.e., Ypsilanti
Township would be a local ordinance and be entered as JYPT.
Case Name:___________________________________
Case Number:_________________________
TICKET CASE
RECORD OF PREVIOUS CONTACT
Case Number
Open / Closed - Probation
Ticket Charged Under:
Open /
Closed
Open /
Closed
Open /
Closed
Open /
Closed
Open /
Closed
State Law /
Local Ordinance
Prosecuting Agency:
Lastly, on the eNact docket screen make an entry for the Notice of Hearing (NOH) and indicate the date
of the hearing and who was sent a copy of the notice. A copy of the notice is to be date-stamped and
filed in the legal file. A checkmark should be placed in the upper right-hand corner to indicate that it
was entered on the computer. Once the hearing has been scheduled and the notice of hearing mailed,
the file is to be placed in alphabetical order on the file shelf.
Diversion (diversion conference and VR PI ? )
It is important to note that if a minor is on either a Diversion or Consent program, that the clerk clearly
notifies the worker of the new charges. This can be accomplished by emailing the worker and advising
them of the new charges (as well as the date of the offense), and then providing a copy of the notice of
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hearing. The caseworker will more than likely not be assigned to the new case, but should be aware of
the additional charges.
For youth that are referred to Diversion, if there is a victim in the case, the court holds a Crime Victim’s
Rights Preliminary Inquiry to allow the victim or Prosecutor an opportunity to object to the youth being
referred to a Diversion Program. These hearings are set as a preliminary inquiry on alternate Mondays
at 1:00 PM (check schedule) on FAR3. The directive is updated with CRIME VICTIM RIGHTS PI, and
notice of hearing is sent to the minor/parent, caseworker, prosecutor, and victim’s rights advocate in
the prosecutor’s office. Not all diversion cases require a hearing.
Diversion – Status Offense
Status Offenses are neither misdemeanor nor felony level offenses and are illegal only because of a
child’s age. These include: school truancy and school misconduct; educational neglect; incorrigibility;
some runaway and curfew violations. For truancy, school misconduct, and incorrigibility:
1. The Caseworker will deliver a status offense referral sheet and diversion agreement to the Clerk.
2. The Clerk will open the case on eNact and create the legal file; social file; and probation /
diversion file. The Clerk will record the petition as diverted (see 8.b below); input the term of
the diversion contract; and input the caseworker’s initials on the Filing screen.
3. The Clerk places a single sheet in the red legal file noting “this case is assigned to diversion;
diversion conference scheduled on: _____.”
4. The Clerk places all original documents in the Brown diversion/probation file and returns the file
to the caseworker.
5. Once the contract is completed, the Diversion supervisor submits the probation/diversion file,
along with a Diversion Completion form, with the Clerk Supervisor for closing.
6. The file shall be made non-public.
Diversion – Delinquency Offense
1. Bench OK’s petition for Diversion
2. The Clerk receives petition and opens the case on eNact . Instead of a court hearing, a diversion
conference will be scheduled:
a. Dates for diversion conference are determined by the diversion supervisor. Two blank
notice of diversion conference JC-56 are placed loosely inside the probation file with
two copies of the petition.
b. Notice of the diversion conference is sent to the child and parent, along with a copy of
the petition and a blank face sheet. A copy of the Notice is placed in the diversion /
probation file.
3. The Clerk creates a Legal File (Red), a Social File (Purple), and a diversion/probation file (Brown)
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4. The Clerk places all original documents in the Brown diversion/probation file.
5. The Clerk places a single sheet in the red legal file noting “this case is assigned to diversion.
6. The file shall be made non-public.
7. The Clerk delivers the diversion/probation file to the Diversion supervisor.
8. The Diversion supervisor assigns the caseworker and updates eNact.
9. Following the diversion conference:
a. If a Victim’s Right PI hearing is necessary –
i. The Brown probation/diversion file is returned to the Clerk’s office with a note
requesting a Victim’s Rights PI.
ii. Clerk schedules VR hearing in enact, sends notice to the prosecutor, victim’s
rights advocate family, and caseworker
On the event screen, click ADD
Judge/Caseworker – select Judge and FAR3
Event - JPIS
Date - every other Monday at 1 PM (1300)
In the Directive – “Victim’s Rights Hearing”
Update Docket screen including to whom the Notice was sent
iii. The Brown probation/diversion file is placed in the Red Legal file along with two
copies of the petition (loose in the file).
iv. Following the hearing, the Brown probation/diversion file is returned to the
caseworker.
b. If no Victim’s Right hearing is needed or after the Victim’s Rights hearing is concluded –
the caseworker will deliver a copy of the signed diversion contract to the Clerk assigned
to 3rd floor reception. The Clerk shall update eNact:
On the Petition screen: select the petition and click CHANGE
Add the date of disposition (the date the contract was signed) and
Action – DIV
Click OK
Add the Fees: Select Post a Receivable:
Transaction Code = JDEL
Action Date = Today’s Date (T tab)
Enter the total amount of diversion fee
Click OK
On next page:
Parcel / Petition = 001
Transaction Code – JCTC and add amount
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Click OK
Update the docket screen:
Add: PDI (and add dates of contract. i.e. 1/4/12 – 4/12/12)
10. Once the contract is completed, the Diversion supervisor submits the probation/diversion file,
along with a Diversion Completion form, with the Clerk Supervisor for closing.
11. Clerk mails Judge-signed copy of the Notice of Completion to the family, prosecutor, and law
enforcement agency. Original judge-signed copy is placed in the legal file, and a copy is
retained with the probation file.
Consent
1. Bench OK’s petition for Consent
2. The Clerk receives petition and opens the case on eNact and schedules the case for a
preliminary inquiry. The Retail Fraud PIs occur on the first and third Tuesday of each month,
at 1pm:
a. Choose the next available date at least 10-14 days away to ensure time for proper
service / notification by mail.
Schedule in the Event screen of eNact:
Judge = FAR3
Event Code = JPIS
Time: 1 PM = 1300
b. Send notice of hearing to the child and parent, along with a copy of the petition and a
blank face sheet. A copy of the Notice is placed in the diversion / probation file along
with two loose copies of the petition.
3. The Clerk creates a Legal File (Red), a Social File (Purple), and a diversion/probation file
(Brown) The file shall be non-public.
4. The Clerk places all original documents in the Brown diversion/probation file and places the
Brown file in the Red Legal file and shelves in the file room.
5. On the Monday prior to the PI, the Diversion supervisor will provide the reporter with
available dates and workers names for consent calendar conferences
6. If the case is placed on Consent the court reporter shall update eNact:
On the Petition screen: select the petition and click CHANGE
Add the date of disposition (the date of the hearing) and
Action – CCP
Click OK
Add the Fees: Select Post a Receivable:
Transaction Code = JDEL
Action Date = Today’s Date (T tab)
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Enter the total amount of consent fee
Click OK
On next page:
Parcel / Petition = 001
Transaction Code – JCTC and add amount
Click OK
Update the docket screen:
Add: con (and add dates of contract. i.e. 1/4/12 – 4/12/12)
7. Once the contract is completed, the Diversion supervisor submits the probation/diversion
file, along with a Consent Completion form, with the Clerk Supervisor for closing.
8. Clerk mails Judge-signed copy of the Notice of Completion to the family, prosecutor, and law
enforcement agency. Original judge-signed copy is placed in the legal file, and a copy is
retained with the probation file.
9. Update eNact:
a. Count/Petition Screen: NAP (not authorized) with date completion signed
b. Docket Screen:
NOT – add “of Consent Completion” and CLO
Criminal Sexual Conduct (CSC) Docket
When a criminal sexual conduct petition is received by the court, a clerk is to do a computer alpha
search to determine if the respondent has had any other cases in this court. If the respondent has had
other cases, the clerk is to write the case numbers in the lower left-hand corner of the new petition,
along with whether the case is open or closed. If the case is open, the clerk is to indicate the name of
the assigned probation officer on the case, if applicable (i.e. DLJ-08-123 open/D. Shaw). If there are no
prior cases, the clerk is to indicate “no priors”.
Once this is complete, the petition is to be submitted to the referees’ office for review. A referee will
review the petition and send it to Judge Shelton’s office for further review. The judge will indicate
whether or not the petition is to be authorized.
If the petition is to be transferred to another jurisdiction, follow the procedure entitled Transfer
Jurisdiction – Petition. If the petition is to be kept by this court, the case information needs to be
entered into the computer. Click on New Case; when the screen comes up, type DLJ; hit enter. Next,
type information into the following fields:
Case Type:
Juv Name:
DOB:
Date Filed:
Status: Open
Status Date:
DL
first name/middle name/last name/suffix (if applicable)
Month (two numbers)/Day (two numbers)/Year (four numbers)
Today’s Date
Today’s Date
(ENTER)
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On the next screen, fill in the following fields with the information found on the petition and/or
complaint: Address, Sex, Race, Phone, City, School, State, Zip, (ENTER). You should now be on the
Delinquency Petition Maintenance screen, and a case number will appear in the Case-ID field. Write the
case number on the petition.
Next, enter data into the following fields:
Petition Date:
Petition Type:
Agency:
Case No.:
Prosecuting Jurisdiction:
Arrest Date:
Arrest Time:
Crime Track No.:
Arresting Officer Name:
Offense Date, Time, Location:
Charge Code:
(ENTER)
today’s Date
PET
agency where police officer works (i.e., WC - if Washtenaw
County Sheriff’s Department)
police report number
WC
if applicable
if applicable
CTN on petition
first and last, if known
(on petition)
PACC code corresponding to the offense
You should now be on the Party Screen. Update the juvenile information by including any identifying
characteristics listed on the complaint (i.e., hair color, eye color, height, weight, identifying marks). To
do this, click on the circle next to the juvenile’s name; then click on Change. This will allow you to enter
the additional information.
Next, the parent and/or guardian information needs to be entered. Click on Add and hit enter. The
following fields need to be filled in: Juvenile ID (A), Party Type (MOT for mother, FAT for father, etc.),
name, address, city, state, zip, phone. This needs to be done for each party.
If there are multiple offenses on one petition, return to the petition screen. Click on the circle next to
the minor’s name; then click on Add Count. This will take you back to the Delinquency Petition
Maintenance screen and allow you to enter the additional offense(s). File in the following fields:
Count: 002 or 003 or whichever count it is
Offense Date, Time, Location: (on complaint)
Charge Code: PACC code corresponding to the offense
The next step is to set a preliminary inquiry (PI). If the petition is authorized, the PI is scheduled before
a referee. If the petition is not authorized, the hearing is scheduled before a judge.
AUTHORIZED PETITION
First, enter the date the petition was authorized on the Petition screen. Next, go to the Event screen;
then click on add and hit enter. Enter the following information:
Defendant:
A
Petition Number:
001
Judge Code:
FAR3
Event:
JPIS (unless instructed otherwise)
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Event Date:
Event Time:
(use calendar & computer matrix to find next available date)
1300 (military time)
UNAUTHORIZED PETITION
Go to the Event screen; then click on add and hit enter. Enter the following information:
Defendant:
A
Petition Number:
001
Judge Code:
FAJA for Judge Connors
Event Code:
JPIS
Event Date:
These hearings are scheduled on the 4th Friday of the month. Always
consult the Judge calendar prior to setting hearings.
Event Time:
0900
Next, send a notice of hearing to the minor and parent(s)/guardian. Prepare a JC45 Notice of Hearing. A
copy of the JC45 needs to be placed in the legal file.
On the computer Docket screen make an entry for the Notice of Hearing (NOH) and indicate who was
sent a copy. Date-stamp the forms and place a checkmark in the upper right-hand corner of each
document to indicate that it was entered on the computer.
Once the petition information has been entered on the computer in its entirety, case files need to be
made. Make three copies of the petition one copy of all other documents and distribute as follows:
Red Legal File:
original petition & original complaint fastened in file; two copies of
petition placed loosely in the file.
Purple Social File: copy of police report & Petition Request Review form, if filed
Brown Probation File:
copy of petition, copy of complaint, copy of police report
Place one copy of the petition in the tray for attorney appointments. Make sure case number is on this
copy (see end of Chapter One for instructions in making paper files).
Delinquency Preliminary Inquiry
Standard Delinquency Petition
Non-Custody - Referee Review
When a petition packet is received by the court, the clerk conducts a records search in eNact to
determine if the respondent has had any other cases in this court. If the respondent has had other
cases, the clerk is to write the case numbers in the lower left-hand corner of the new petition, along
with whether the case is open or closed. If the case is open, the clerk is to indicate the name of the
assigned probation officer on the case, if applicable (i.e. DLJ-08-123 open/D. Shaw). If there are no prior
cases, the clerk is to indicate “no priors”.
Once this is complete, the petition is to be submitted to the referees’ office for review. A referee will
review the petition, note how it is to be handled and return it to the clerk office.
If the petition is to be transferred to another jurisdiction, follow the procedure titled Transfer
Jurisdiction – Petition. If the petition is to be kept by this court, the case information needs to be
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entered into eNact. Click on New Case; when the screen comes up, type DLJ; hit enter. Next, type
information into the following fields:
Case Type:
Juv Name:
DOB:
Date Filed:
Status:
Status Date:
Case Worker:
DL
first name/middle name/last name/suffix (if applicable)
month (two numbers)/day (two numbers)/year (four
numbers)
date petition received at court or today’s date
Open
today’s date
if the minor had a previously assigned probation officer who currently works for
the juvenile division, enter code corresponding to that caseworker
(ENTER)
On the next screen, fill in the following fields with the information found on the petition and/or
complaint: Address, Sex, Race, Phone, City, State, Zip, School (ENTER). You should now be on the
Delinquency Petition Maintenance screen, and a case number will appear in the Case-ID field. Write the
case number on the petition.
Next, enter data into the following fields:
Petition Date:
Petition Type:
Agency:
Today’s date
PET
agency where police officer works (i.e., WC - if Washtenaw
County Sheriff’s Department)
Case No.:
police report number
Prosecuting Jurisdiction:
enter the code corresponding to who prepared the
petition (i.e., Washtenaw County Prosecutor is WC, Ypsilanti
Township Prosecutor is YPT, etc.)
Arrest Date:
if applicable
Arrest Time:
if applicable
Crime Track No.:
CTN on petition
Arresting Officer Name:
First and last, if known
Offense Date, Time, Location: (on petition or police report)
Charge Code:
PACC corresponding to the offense
(ENTER)
You should now be on the Party screen. Update the juvenile information by including any identifying
characteristics listed on the complaint (i.e., hair color, eye color, height, weight, identifying marks). To
do this, click on the circle next to the juvenile’s name; then click on Change. This will allow you to enter
the additional information.
Next, the parent and/or guardian information needs to be entered. Click on Add and hit enter. The
following fields need to be filled in: Juvenile ID (A), Party Type (MOT for mother, FAT for father, etc.),
name, address, city, state, zip, phone. This needs to be done for each party.
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If there are multiple offenses on one petition, return to the petition screen. Click on the circle next to
the minor’s name; then click on Add Count. This will take you back to the Delinquency Petition screen
and allow you to enter the additional offense(s). Enter the following information:
Count Number: 002 or 003 or whichever count it is
Offense Date, Time, Location: (on complaint or police report)
Charge Code: PACC corresponding to the offense
The next step is to set a preliminary inquiry, unless otherwise instructed by a referee. Go to the Event
screen; then click on add and hit enter. Enter the following information:
Defendant:
Petition Number:
Judge Code:
Event:
Event Date:
Event Time:
A
001
FAR3
JPIS (unless instructed otherwise)
(use calendar & computer matrix to find available date)
1300 (military time)
Next, send a notice of hearing to the minor and parent(s)/guardian. Prepare a JC45 Notice of Hearing. A
copy of the JC45 needs to be placed in the legal file.
On the computer Docket screen make an entry for the Notice of Hearing (NOH) and indicate who was
sent a copy. Date-stamp the forms and place a checkmark in the upper right-hand corner of each
document to indicate that it was entered on the computer.
Once the petition information has been entered on the computer in its entirety, case files need to be
made. Make three copies of the petition one copy of all other documents and distribute as follows:
Red Legal File:
original petition & original complaint fastened in file; two copies of
petition placed loosely in the file.
Purple Social File: copy of police report & Petition Request Review form, if filed
Brown Probation File:
copy of petition, copy of complaint, copy of police report
Place one copy of the petition in the tray for attorney appointments. Make sure case number is on this
copy (see end of Chapter One for instructions in making paper files).
In-Custody or Request for Pick Up Order: Preliminary Hearing
Youth in Custody
Due to the serious nature of some charges, youth are sometimes lodged in the Detention Center during
non-business hours. There is an on-call referee that is called by the police agency after 5:00 PM and
before 8:30 AM. If the Referee agrees that the charges are deemed serious, or if the police agency is
unable to turn the child over to a parent, the police agency is given permission to have the child lodged
at the Detention Center. The child then is entitled to a hearing at 1:30 PM on that date. The police
agency submits their request to the Prosecutor, and then the matter is charged and sent over to the
court by 11:00 AM the day of the hearing. The case information needs to be entered into eNact, and
counsel needs to be appointed for the minor.
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Click on New Case; when the screen comes up, type DLJ; hit enter. Next, type information into the
following fields:
Case Type:
Juv Name:
DOB:
Date Filed:
Status: Open
Status Date:
Case Worker:
DL
first name/middle name/last name/suffix (if applicable)
month (two numbers)/day (two numbers)/year (four
numbers)
date petition received at court or today’s date
today’s date
if the minor had a previously assigned probation officer who currently works for
the juvenile division, enter code corresponding to that caseworker – if they do
not have previous court contact, a probation officer is assigned by Donna White
prior to the hearing.
(ENTER)
On the next screen, fill in the following fields with the information found on the petition and/or
complaint: Address, Sex, Race, Phone, City, State, Zip, School (ENTER). You should now be on the
Delinquency Petition Maintenance screen, and a case number will appear in the Case-ID field. Write the
case number on the petition.
Next, enter data into the following fields:
Petition Date: Today’s date
Petition Type: PET
Agency:
agency where police officer works (i.e., WC - if Washtenaw County Sheriff’s
Department)
Case No.:
police report number
Prosecuting Jurisdiction:
enter the code corresponding to who prepared the
petition (i.e., Washtenaw County Prosecutor is WC)
Arrest Date:
if applicable
Arrest Time:
if applicable
Crime Track No.:
CTN on petition
Arresting Officer Name:
First and last, if known
Offense Date, Time, Location: (on petition or police report)
Charge Code:
PACC corresponding to the offense
(ENTER)
You should now be on the Party screen. Update the juvenile information by including any identifying
characteristics listed on the complaint (i.e., hair color, eye color, height, weight, identifying marks). To
do this, click on the circle next to the juvenile’s name; then click on Change. This will allow you to enter
the additional information.
Next, the parent and/or guardian information needs to be entered. Click on Add and hit enter. The
following fields need to be filled in: Juvenile ID (A), Party Type (MOT for mother, FAT for father, etc.),
name, address, city, state, zip, phone. This needs to be done for each party.
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If there are multiple offenses on one petition, return to the petition screen. Click on the circle next to
the minor’s name; then click on Add Count. This will take you back to the Delinquency Petition screen
and allow you to enter the additional offense(s). Enter the following information:
Count Number: 002 or 003 or whichever count it is
Offense Date, Time, Location: (on complaint or police report)
Charge Code: PACC corresponding to the offense
The next step is to set a preliminary inquiry, unless otherwise instructed by a referee. Go to the Event
screen; then click on add and hit enter. Enter the following information:
Defendant:
Petition Number:
Judge Code:
Event:
Event Date:
Event Time:
A
001
FAR3
J24S
Today’s Date
1330
Once the petition information has been entered on the computer in its entirety, case files need to be
made. Make three copies of the petition one copy of all other documents and distribute as follows:
Red Legal File:
original petition & original complaint fastened in file; two copies of
petition placed loosely in the file.
Purple Social File: copy of police report & Petition Request Review form, if filed
Brown Probation File:
copy of petition, copy of complaint, copy of police report
Give one copy of the petition to the clerk responsible for attorney appointments.
Deliver the Legal/Social file to the Referee Coordinator on the third floor and the assigned probation
should be given the probation file prior to the 1:30 PM hearing.
Court Order Violation or Probation Violation
When a minor violates an order of the court or fails to comply with his probation requirements, a
probation officer may file a court order violation petition (COV) or probation violation (PV). If the
youth has not had their disposition hearing yet and is not placed on probation, the petition is considered
a court order violation. If the youth has had their disposition hearing on the case, then it is considered a
probation violation.
When probation wishes to file a probation violation or court order violation petition, they fill out the
petition form in its entirety and submit it either at the 3rd floor reception or 1st floor counter. The
probation officer signs the petition and presents it to the supervisor for approval. The petition is
entered by the clerk and then it is submitted to the Referee for authorization. From time to time, the
Referee has already authorized the petition, and we would indicate the date it was authorized on the
count/petition screen in eNact. The clerk then selects a hearing date and time at least 10 days out to
allow for mail service. These matters are heard on Tuesdays and Thursdays at 9:00 or 10:00 AM. Set
the hearing in eNact as follows:
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61
Defendant:
Petition Number:
Judge Code:
Event:
Event Date:
A
002 or higher
FAR1
JPVS or JCVS (unless instructed otherwise)
(use calendar & computer matrix to find available date) Tuesday
or Thursday
0900 OR 1000
Event Time:
Write the hearing date and time information on the violation, and then write across the bottom who
received the notice; i.e., minor/parent, etc.
Place a copy of the completed PV in the mail basket for the probation officer and mail a copy to the
minor and parent.
File the original, along with two loose copies in the legal file.
If a pick-up order is being requested with the violation, a copy of the violation is given to the clerk
assigned to prepare pick-up orders so that the order can be prepared. This copy is then sent with the
pick-up order to the Detention Center. The original violation is placed in the legal file, along with two
loose copies of the violation, and no hearing date is set. The matter will be scheduled once the youth is
apprehended on the pick-up order. A sample PV is shown below:
STATE OF MICHIGAN
COUNTY OF WASHTENAW
ND
22 Circuit Court
Family Division
PETITION
SUPPLEMENT
COURT ORDER VIOLATION/
CASE NO: DLJ-13-XXX
PETITION NO:
DATE: 1/29/14
PROBATION VIOLATION
101 E. HURON – PO BOX 8645, ANN ARBOR, MI 48107-8645
IN THE MATTER OF:
Johnny Smith
734/222-6900
DOB: 4/13/98
Youth’s Current Address: 123 MAIN STREET, YPSILANTI MI 48197
THE ABOVE NAMED MINOR(S) COME(S) WITHIN THE PROVISIONS OF 712A.2.
CITATIONS AND ALLEGATIONS:
1st THAT: ON 8/7/13 ABOUT 2.30 PM MINOR ABSCONDED FROM HIS MOTHER WHO WAS TAKING TO BE
DRUG SCREENED AS REQUESTED BY HIS PROBATION OFFICER. THIS IS A VIOLATION OF THE CONDITIONS
OF HIS PROBATION WHICH STATES THAT MINOR MUST SUBMIT TO RANDOM DRUG AND URINALYSIS
TESTING AS DIRECTED BY THE PROBATION OFFICER.
2nd THAT:
3rd THAT:
(A) Schedule Probation Violation Hearing? Yes
No
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OR
(B) Pick-up Order being requested? Yes
HAIR, BROWN EYES.
No
Description: BLACK MALE 5'2'', 100LBS,BLACK
(C) Probation Officer will attempt to pick up minor? Yes
(D) Pick-up Order to be placed on LEIN? Yes
No
No
DAH - Yes
I REQUEST THE COURT: A.) REVIEW THE INFORMATION AND MAKE AN APPROPRIATE DECISION, OR, B.)
AUTHORIZE THE PETITION AND TAKE TEMPORARY CUSTODY OF THE MINOR (S),
I DECLARE THAT THE STATEMENT(S) ABOVE IS TRUE TO THE BEST OF MY INFORMATION, KNOWLEDGE
AND BELIEF.
Probation Officer’s Signature:
_____________________________
Supervisor’s Signature: _____________________________
Date:
Date:
_______________
_______________
A PRELIMINARY INQUIRY AND/OR HEARING HAS BEEN CONDUCTED AND THE FILING OF THIS PETITION
IS
IS NOT AUTHORIZED.
Referee’s Signature: ____________________________________ Date: _______________
TAKE NOTICE: A hearing will be held in this matter on
Huron, Ann Arbor, MI 48104, before Referee Altenburg/Owdziej.
at
at 101 E.
If you are the juvenile or respondent, you have a right to be represented by an attorney. If you desire to employ an attorney, you should do so
immediately in order that s/he may be ready at the hearing date. If you are financially unable to employ an attorney, you must notify the
court
upon receipt of this notice. If the court appoints an attorney, you may be required to reimburse the court in whole or in part for the cost of
such services.
Entering Orders
Court orders that are generated in the courtroom and by clerks, need to be counter-signed by a Judge.
Juvenile delinquency and neglect orders are flagged with sign here stickers and placed in the trays in the
supervisors office. They are routed up to the Judge’s office on a daily basis. Once the orders are signed
by a Judge, the clerks handling loose papers shall enter the orders on the same docket entry in the
register of actions indicating that they have been signed by a Judge. The clerk shall place a check mark
in the upper right hand corner to indicate that the order has been entered into the case management
system.
The neglect orders are then copied for the Department of Human Services and placed in the tray in the
appropriate tray in the supervisor’s office.
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63
Appointing Attorneys
Appointing Attorney / GAL NA Matters: When the court receives a new petition for matters where
children have been removed from their home on a take and place order, the court pre-appointments a
Lawyer-Guardian Ad Litem to represent the child(ren) at the 24-hour Preliminary Hearing. An email is
sent to I-pdj staff inquiring if the PD's office is available to act as LGAL for the minor at a 1:30 PM hearing
that day. The following information needs to be included in the email:
Case Number
Child{ren)'s name and date of birth
Parent(s) name and date of birth (if available)
Selection Process
If the PD's office is unable to represent the child in either a DL matter or act as L-GAL in a neglect matter
or represent a parent in the neglect matter, the person making the appointment will contact the Legal
Defense Group PLC by emailing Kim Moore at [email protected] .
Drafting the Order
If the PD's office is able to accept the appointment, an appointment order (JC03) (see sample: I:\Sample
Orders\JC-03 Order Appointing Attorney or GAL 9-03.doc) and standard pretrial order (found on
I:\Juvenile Forms & Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL ORDER.doc) are
prepared and placed in the PD's mailbox along with a copy of the petition. (code: GAL – add name of
attorney [or firm name] and what party they are appointed to represent. i.e. “Public Defender for
minor) and party screens (code: GAL and fill in name and contact information) on eNact. Add the
appointment to the Attorney Appointment database found on the M: drive M:\Attorney
Appointments\AttorneyAppointments.mdb.
Order for Competency Evaluation
On its own motion, or at the request of the juvenile, the juvenile’s attorney, or the prosecuting attorney,
a court may order a competency examination to determine whether the juvenile is incompetent to
proceed if the juvenile is the subject of a delinquency petition. Typically, this occurs during the pretrial
stage of the proceedings. The Referee prepares the order for competency MC204, and it is distributed
to parties by the Judicial Coordinator to Dr. Carol Holden who is our current mental health examiner, the
prosecutor, probation officer, minor and parent, and the child’s attorney. The signed order and cover
letter to Dr. Holden is returned to the court reporter for entry in eNact. The order should be placed in
the legal file and the correspondence to Dr. Holden is placed in the social file.
This request may be made at any time during the proceeding, and will temporarily delay the
delinquency proceeding until the court makes a determination on the juvenile’s competency. The court
must order the prosecuting attorney and juvenile’s attorney to provide all information related to
competency to the mental health examiner within 10 days after the court issues the order for the
competency evaluation.
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64
The mental health examiner’s written report is submitted to the court within 30 days after receiving the
order to conduct a competency evaluation. The court must provide copies of the report to the juvenile’s
attorney, the prosecuting attorney, and any guardian ad litem no later than five working days after
receipt by the court.
Determining Competency: A court must hold a hearing to determine competency within 30 days after
the report is filed. At the hearing, the parties may introduce other evidence regarding the juvenile’s
mental condition or may submit the matter by written stipulation based on the filed report.
If the juvenile is found incompetent to proceed but able to be restored to competency in the
foreseeable future, one of the following applies:
• If the offense is a traffic offense or a misdemeanor other than a serious misdemeanor, the
matter shall be dismissed.
• If the offense is a serious misdemeanor, the court may dismiss the matter or suspend the
proceedings against the juvenile.
• If the offense is a felony, the proceedings against the juvenile shall be further suspended.
If the matter is suspended, the court may issue a restoration order. Before doing so, the court shall hold
a hearing to determine the least restrictive environment for the juvenile during the restoration period.
The order may be valid until one of the following (whichever first occurs):
• 60 days after the date of the initial finding of incompetency;
• The mental health examiner submits a report that the juvenile regained/substantial
probability that the juvenile will regain competency during the period of the order;
• The charges are dismissed;
• The juvenile reaches the age of 18.
After the restoration order is issued, the restoration provider must submit a report to the court and the
juvenile forensic mental health examiner every 30 days, or sooner if and at the time either of the
following occurs:
• The qualified restoration provider determines that the juvenile is no longer incompetent to
proceed;
• The qualified restoration provider determines that there is no substantial probability that the
juvenile will be competent to proceed within the period of the order.
Not later than 14 days before the expiration of the 60-day order, the restoration provider may submit a
report to the court and the forensic mental health examiner, in which the provider recommends that
the restoration order be renewed for another 60 days, if there is a substantial probability that the
juvenile will be competent to proceed within the period of that order. The restoration order and any
renewed restoration order shall not exceed a total of 120 days.
If the juvenile is found incompetent to proceed and there is a substantial probability that the juvenile
will remain incompetent for the foreseeable future or within the period of the restoration order, the
court must dismiss the charges with prejudice and determine custody of the juvenile.
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65
If there is a substantial probability that the juvenile is unable to be restored due to serious emotional
disturbance, the court may order that mental health services be provided to the juvenile by the
Department of Community Health, subject to the availability of inpatient care, a community mental
health services program, the Department of Human Services, a county Department of Human Services,
or another appropriate mental health services provider for a period not to exceed 60 days. The court
must retain jurisdiction over the juvenile throughout the duration of the order.
Appearance Bonds
Bonds can be ordered in both juvenile and probate cases.
If a minor fails to appear for court, the hearing officer can order that a minor be held for a cash bond at
either the Detention Center or Jail. Typically, the bond is satisfied at the jail, and a check is sent over to
the Court from the jail and the money is applied to the fees in the minor’s case and then the pick-up
order is cancelled. If the bond is greater than the court fees, then a return of bond form (JC31) must be
prepared and completed by the supervisor to have the proper funds returned to the bond payor. A
bond without a fee attached, is entered as a payable and must be disbursed as a payable.
If you receive a bond payment from Detention or the Jail, check the minor’s open cases to determine
which case the bond money should be applied. This will almost always be to satisfy court fees and the
money does not need to be entered as a bond. In the instances where the bond is required on a case to
insure that the party will appear at the next hearing, the bench can order a prescribed amount and the
family will make a cash or check payment to the court for the bond amount. It must be put on the
financial screen as a payable and the code JBND is used to set the payable.
On the probate side, it is common in decedent estate and conservatorship cases to have a bond
ordered. The purpose is to require the person responsible for all fiduciary duties, to discharge them
according to law. Again, the bench will order a bond and if it is a cash bond that parties are paying to
the Court, we would receipt the bond as a payable and utilize the code PBOND to set the payable.
These bonds are typically between $500 and $1,000. In other instances, parties will obtain a bond from
a surety company, which is submitted to the Court and signed by the judge. These bonds are normally
in the amount of $50,000 and are not entered into the case management financial screens, but are
entered on the register of actions utilizing the code BND; update the entry to include the company
posting the bond and the amount of the bond.
Fingerprints
Minors charged with crimes that are misdemeanors 93 days or greater are required by statute to be
fingerprinted. Finger print orders are not prepared for minors on Consent, Diversion or the CSC docket.
All petitions received from the Washtenaw County Prosecutor will indicate whether or not the offense is
a misdemeanor and/or felony. When a petition is received from the Prosecutor’s office, if it doesn’t
include a TCN number, then the clerk entering the new petition will prepare a fingerprint order for the
file. This is an SCAO form and is number MC233 – Order for Fingerprints. The clerk will add the
following information to the order:
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66
Case Number
Police Report Number
The juvenile’s full name, address, and telephone number
The juvenile’s name and date of birth
The agency information ( I:\Juvenile Forms & Information see appendix for agency ORI list) –
Current list is contained on the I-Drive.
Incident date, arrest date if minor was arrested, CTN number, and PAC Code. If the minor had
more than one charge, you would fill in the total charges.
The minor needs to return to the police agency indicated on the petition and listed on the order for
fingerprints. They will need to take some a birth certificate and other form of picture ID (either school
ID or license), a copy of the fingerprint order, and a copy of the petition.
Once the form is prepared, staple the blue information card that details the fingerprint process to the
order and also attach a copy of the petition. Place one additional copy of the order in the file for the
Referee to sign. During the court hearing, the minor will be served the order for fingerprints by the
court reporter, and she will sign the service section of the order. The police agency then returns this
order to the court and indicates on the bottom that they have printed the minor. Please enter the
information using the JFPT code and also update the entry with the TCN if it is provided by the agency.
A sample form can be found at the following link: I:\Sample Orders\MC-233 - FINGERPRINT ORDER.doc.
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67
Original - Court
1st copy - Defendant/Attorney
2nd copy - Law enforcement agency
Approved, SCAO
STATE OF MICHIGAN
ORDER FOR FINGERPRINTS
JUDICIAL DISTRICT
JUDICIAL
WASHTENAW
ORI
Court address
CIRCUIT
810043J
Police Report
No.
101 E HURON - PO BOX 8645, ANN ARBOR, MI 48107-8645
14-251
MI
THE PEOPLE OF
-
JOHN DOE SMITH
123 MAIN ST
ANN ARBOR MI 48107
v
Juvenile In the matter JOHN DOE SMITH (DOB: 01/01/2000)
of
Incident date
WASHTENAW COUNTY SHERIFF, 01/01/2014
MI811800
Court telephone no.
734/222-6900
Defendant's/Respondent’s name, address, and telephone no.
The State of Michigan
Arresting agency name and ORI
CASE NO.
DLJ-14-001X
Arrest date
CTN
PACC Code
01/01/2014
81-1400000101
750.812; 750.82
USE NOTE: This order is to be issued when: 1) fingerprints were not taken at arrest and are required to be taken,
or 2) the respondent
IT
ORDERED:
is IS
found
guilty of criminal contempt for violating a personal or valid foreign protection order and fingerprints were
shall go WASHTENAW COUNTY SHERIFF'S DEPT
1.
a. Defendant/Juvenile/Respondent
not already
taken.
Law enforcement agency
to
so that fingerprints can be taken.
The fingerprints must be taken
Next scheduled court date
or
before
b. The sheriff shall take custody of the defendant/juvenile/respondent to take his/her fingerprints.
.
2. The clerk shall forward immediately a copy of this order with an attached copy of the complaint, petition, or information
to
lawthe
enforcement agency required to take fingerprints.
3. Unless otherwise incarcerated, defendant/juvenile/respondent shall be released immediately after his/her fingerprints
are taken.
4. Refusal to submit to fingerprinting may subject the defendant/juvenile/respondent to contempt or criminal charges.
Date
Referee Gail Altenburg, P40069
Bar no.
PROOF OF SERVICE
first-class mail to their last-known
I certify that on this date copies of this order were served on the parties by addresses.
personal service.
Date
Court clerk
CERTIFICATE OF FINGERPRINTING
I certify that arrest data and a set of fingerprints were taken and properly submitted for retention to the Michigan
Criminal
Justice Information Center.
State Police
TCN (when CTN is not already assigned)
OCA
Date
MC 233 (5/07)
Signature
ORDER FOR FINGERPRINTS
Name (type or print)
MCL 28.243, MCL 764.29, MCL 769.1, MCL 769.16a(5), MCR 3.936
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Requests for Order (Cherry Slips)
When a probation officer needs an order prepared, s/he will prepare a Request for Order form (cherry
slip). (This form is located on the Common drive, in the Casework folder). The request is to include the
case number, petition number, name and date of birth of the minor, and exactly what the probation
officer wants included in the order. The probation officer is to have his/her supervisor initial the
request. Once the request has been initialed, the probation officer is to file it at Reception.
Upon receipt of a cherry slip, the clerk accepting the document will time stamp it and prepare the order.
All non-emergency order requests are to be prepared within 48 hours of receipt. If it is an emergency,
the clerk will prepare the order immediately or contact the supervisor for assistance.
When the order is prepared, the clerk is to make a computer entry on the docket screen using the code
RFR, indicating the nature of the request, who has submitted it, and that the order was prepared and
sent to a referee or judge for signature. The clerk is to place a checkmark in the upper right-hand corner
of the cherry slip.
Next, the clerk/recorder is to submit the cherry slip and order to a referee for signature. The
clerk/recorder is to place a post-it note on the order indicating it should be returned to him/her once
signed. If the order is regarding any change in placement, it will need to be presented to the
appropriate judge for his/her signature as well.
After the order has been signed by the referee, the clerk/recorder is to send a copy to the minor,
parent(s), probation officer and attorney(s) on the case, as well as the prosecutor and Court Admin if
appropriate.
The clerk is to enter the order information on the computer docket screen and indicate to whom copies
were sent. If there is a change in placement, the clerk is to update the filing screen with the new
placement information and place a copy of the order in the appropriate court administration bin in the
supervisor’s office. Lastly, the clerk should date stamp the order, place a checkmark in the upper righthand corner of the document, and file the cherry slip and order in the legal file.
Detention List - Notification of New Child in Custody
The clerical supervisor checks the morning activity sheet from Detention and sends out an email in the
morning to the staff to alert if any new minors came in overnight. If the minor comes into Detention on
a probation violation, the matter is set for a 24-hour preliminary hearing, and the clerk responsible for
pick-up orders will recall the warrant and route the file upstairs. If the minor comes in on new charges,
the Prosecutor’s office will deliver a new petition prior to 11 AM, and a hearing will be held at 1:30 PM.
Counsel must be appointed for the minor prior to the hearing.
Court Order / Probation Violation Petitions
Delinquency - Probation Violations
When a probation officer wishes to file a probation violation petition (PV) or a court order violation
petition (COV), he/she is to fill out the petition form in its entirety (located on the Common Drive, in the
Casework folder). Once prepared, the probation officer is to sign the petition and present it to their
supervisor for signature. Once the signatures are in place, the petition is to be given to the clerk
handling pick-up orders.
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IF PICK-UP ORDER IS REQUESTED
Enter the petition on the computer and prepare a pick-up order. The petition and pick-up order are to
be given to the administrative coordinator for referee and judge signatures.
Once the petition and pick-up order have been signed by a referee/judge, the administrative
coordinator or designee will return both to the 1st floor. Enter the authorization information on the
petition screen and process the pick-up order.
To enter the petition open the Count/Petition screen and click ADD:
Petition Information:
Date:
Type:
today (date filed)
PV or COV (if filed post-disposition it is a PV; if pre-disposition it is a
COV)
Prosecuting Jurisdiction:
WC
Arresting Officer:
Probation Officer’s first and last name
Count Information:
Number: One (for first count)
Charge Code:
PVH.
If the PV / COV has more than one count, add each count. Return to Count/Petition screen and click
ADD COUNT. At bottom of screen, add:
Count Information:
Number:
002 (or 003…)
Charge Code:
PVH.
IF HEARING IS REQUESTED
If a hearing is being requested prior to the issuance of a PUO, enter the petition on the computer and
present it to the administrative coordinator for referee signature.
Once the petition is signed by the referee, the administrative coordinator or designee will return it to
the 1st floor. Update the petition screen with the authorization date and schedule a probation violation
hearing on the computer (JPVS on FAR1), write the court date on the petition and mail a copy of the
petition to the minor and parent(s). A copy is to be placed in the requesting probation officer’s mailbox.
Indicate on the docket screen that a copy of the petition with hearing date was mailed to minor and
parent(s) and a copy given to the probation officer. Once the computer entries have been made, a
checkmark is to be placed in the upper right-hand corner of the petition. The petition is to be filed in
the legal file, along with two copies that can be distributed at the hearing.
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Pick Up Orders
A pick up order (PUO) form JC05a is an order giving law enforcement authority to apprehend a youth
that has committed a probation violation or failed to appear for a hearing.
A recall of warrant form MC220 notifies the police agency to remove the warrant from LEIN.
Contact Information:
WCSD Central Dispatch: 734/994-2911
Pick-up orders are sent only to the Washtenaw County Sheriff’s Department. We do not send them to
any other law enforcement agency.
All pick-up orders must have the court seal placed over the Judge’s signature.
Detention receives a copy of the pick-up order if the minor is to be placed in that facility. Send them
inter-office to Youth Center – Children’s Services – 4125 Washtenaw Avenue.
Orders requiring that a child be removed from the home must include language demonstrating why it’s
contrary for the child to remain in the home. For a probation violation, the following wording is
applicable:
“Parent or relative with whom the child is placed provides inadequate supervision to assure the minor’s
compliance with probationary/court orders.”
For failure to appear for a court hearing: “Parent or relative with whom the child is placed is unwilling
or unable to assure the minor’s appearance in court.”
Under item #4 for reasonable efforts, if the minor does not have previous court involvement, you can
check 4a. If they have been on probation, the following wording would be appropriate: “MINOR HAS
RECEIVED PAST PROBATIONARY SERVICES, INCLUDING REFERRALS FOR ANCILLARY SERVICES”.
Cash bond wording: “Cash bond for fines and cost in the amount of $______.”
Failure to appear pick-up orders:
Receive file or request for pick-up order based on failure to appear. This request is frequently from the
court reporter following a hearing.
Prepare pick-up order, by filling out the following fields on the JC05a:
Case Number:
Petition Number:
Item #1 – Insert minor’s full name and date of birth
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Item #2 – Date of Entry of Order, leave blank until signed by a Judge, and then enter the date the Judge
signs the order.
Item #2 – Judge / Referee: Judge Donald E Shelton, P23920
Item #3 – select the box that pertains to the reason for the order – for example, 3d – the juvenile has
violated probation – this would be correct if the probation officer file a probation violation with a pick
up order. Item 3e is used when a minor fails to appear for a hearing.
Item #3 – Further – contrary to the welfare. The pick-up order must contain contrary language.
Item #4 – Reasonable Efforts – if minor has had past probationary services, check 4, and under B list that
they have received past probationary services.
Under It Is Ordered – to any peace officer or … Enter: Washtenaw County Sheriff’s Department.
Item #5 – if the minor is 17 or over, they are placed in the Washtenaw County Jail (unless they are in the
Drug Court Program); if the minor is under 17, enter The Washtenaw County Youth Home.
Insert the date you are routing to the Judge for signature.
Check the box for enter on LEIN
Order expires when the minor turns 19.
Give the first two pages to Tamala Jones in a manila folder. Enter a free code in eNACT stating that the
pickup order has been prepared and submitted to T. Jones with the current date. Once initialed by the
Referee the order needs to be routed to the Judge for signature.
Upon receipt of the signed pickup order, enter the Judge and date of the signature. If the minor is to be
placed in the Washtenaw County Jail, note that as well, along with the police agency, the worker, and
the youth center. Pick-up orders are signed by Judge Shelton.
Note on the bottom of the first page of the pick-up order the distribution of the order; e.g., Detention
Center, Probation, WCSD.
Probation Violation / Court Order Violation pick-up orders:
Receive probation violation/court order violation with request for pick-up order.
Enter probation violation/court order violation on petition screen in eNACT.
Prepare pick-up order, by filling out the following fields on the JC05a:
Case Number:
Petition Number:
Item #1 – Insert minor’s full name and date of birth
Item #2 – Date of Entry of Order, leave blank until signed by a Judge, and then enter the date the Judge
signs the order.
Item #2 – Judge / Referee: Judge Donald E Shelton, P23920
Item #3 – select the box that pertains to the reason for the order – for example, 3d – the juvenile has
violated probation – this would be correct if the probation officer file a probation violation with a pick
up order. Item 3e is used when a minor fails to appear for a hearing.
Item #3 – Further – contrary to the welfare. The pick-up order must contain contrary language.
Item #4 – Reasonable Efforts – if minor has had past probationary services, check 4, and under B list that
they have received past probationary services.
Under It Is Ordered – to any peace officer or … Enter: Washtenaw County Sheriff’s Department.
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Item #5 – if the minor is 17 or over, they are placed in the Washtenaw County Jail (unless they are in the
Drug Court Program); if the minor is under 17, enter The Washtenaw County Youth Home.
Insert the date you are routing to the Judge for signature.
Check the box for enter on LEIN
Order expires when the minor turns 19.
Give the first two pages to Tamala Jones in a manila folder. Enter a free code in eNACT stating that the
pickup order has been prepared and submitted to T. Jones with the current date. Once initialed by the
Referee the order needs to be routed to the Judge for signature.
If the probation officer checks that he or she will attempt to apprehend the minor, when typing the
pickup order, enter on page two both the police agency and probation officer (i.e., Washtenaw County
Sheriff Department OR Probation Officer – to any Peace Officer or: line).
Enter a FREE code in eNACT stating the pickup order was typed and submitted to Tamala Jones for the
Judge’s signature, along with petition 00X for authorization by the Referee.
Upon receipt of the signed pickup order and authorized petition, enter the authorization date on the
petition screen.
Place a copy of the pick-up order with the petition or probation violation attached in an interoffice
envelope to the youth home. Place a sealed copy in the tray at the front counter for pick-up by the
Sheriff’s Department; fill out the log sheet indicating that you have placed the order for pick-up.
If the probation officer checks that he or she will attempt to apprehend the youth, contact the probation
officer to determine if that is still the case, and ask them to contact you if they are unable to apprehend
the youth and then send the sealed copy to the police agency.
Enter the pickup order on eNACT. Indicate which department the order was issued along with the
probation officer and Youth Center. If the probation officer will first attempt apprehension, note that
the order was not sent for LEIN entry because the probation officer will first attempt to detain the
youth.
If the probation officer attempts to apprehend the youth, make a copy of the pickup order, place the
court seal on it, and hold it at your desk. If you have not heard within 48 hours whether the minor was
apprehended by the probation officer, contact them and they will determine whether the order should
be sent to the police agency or if you should continue to hold the order.
Recall Warrants
If a probation officer requests a recall warrant, they must have a closure order, the child must be in
custody, or a cherry slip needs to be prepared.
Contact the police agency and cancel the pickup order, and complete the Recall of Warrant MC220. To
remove the flag in eNACT, enter the code RCW – Recall Warrant – Minor in Custody. Update the entry
with the time of cancellation and the individual you spoke with, and the agency. The green copy of the
recall goes to the Youth Center, the yellow copy is kept at the Juvenile Court for follow-up, and the
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police agency gets the pink and gold copies – these will be placed in the tray for pick-up by the Sheriff’s
Department. Fill out the log sheet accordingly.
If the pickup order was not sent for LEIN entry, complete Recall of Warrant MC220, and indicate that it is
an “in-house cancellation only”, send to the Youth Center when applicable and enter on eNACT.
When the signed MC220 is returned by the police agency, shred the yellow copy, file stamp the recall of
warrant, and file in the legal file on top of the original recall of warrant in the file.
Periodically review the yellow copies of the recalls to verify that all cancellations have been processed
by the police agency.
Closing the Case File
Delinquency cases can be closed in the courtroom by the reporter through the order generated during
the hearing, closed by the probation officer utilizing a JC36 Order Terminating Jurisdiction, or by the
clerk utilizing JC36 Order Terminating Jurisdiction. The most common closure occurs by the probation
officer submitting the JC36 at the counter. The order is typically signed by the Referee, and entered in
eNact as OTJ and the date signed, followed by a CLO entry. Update the OTJ to indicate the parties sent
the closure order; this would be the minor/parent, probation officer, prosecutor, and attorney if
applicable. Verify that there are no remaining events scheduled, and take note on the order to see if
there is any action required to dismiss a petition or waive any existing court fees. Reshelve the file.
Consent and Diversion cases are closed utilizing the Notice of Consent Calendar Completion or Notice of
Juvenile Diversion Completion form submitted by the caseworkers. This notice is signed by the Judge,
and distributed to the minor/parent, caseworker, police agency (seal their copy), and prosecutor. The
original signed notice is placed in the minor’s legal file. Make a NOT entry and update it with the parties
being sent the signed notice. On the count/petition screen enter the date the judge signed the notice
under disposition date, place quote marks under the charge code (“), and enter NAP under the action
section of the count/petition screen. This NAP entry will populate to the register of actions. Verify that
the case is showing as non-public and enter the CLO entry to close it out.
For truancy cases, the diversion file is routed back to the clerical office and the clerk closes the file based
on the probation closing summary date. At the count petition screen, come down to the field labeled
disposition at the bottom of the page, and enter the date that the matter closed, and then for the box
labeled action, enter ACLO for administrative closure. Go back to the register of actions and click add,
and then enter CLO using the date of the closing summary.
For youth on the treatment alternative caseload, follow the same JC36 procedure, but verify on the
count petition screen that it has been updated with the NAP entry to show that the petition was not
authorized. This should also be showing as non-public.
Deferred Disposition
When a minor pleads they are sometimes offered what is called a Cobb’s agreement.
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The term comes from a case called People v Cobbs, that case said that a defendant may go directly to
the judge and ask what his sentence would be if he pled guilty. The agreement between the judge and
the defendant can be anything; a specific number of years, a specific length of probation, bootcamp etc.
In juvenile court, it is usually an agreement to defer the disposition and then to dismiss the petition at
the end of a probationary period if the minor completes all the requirements, but it could also be an
agreement not to detain, to a specific length of probation, to not send to drug court etc. Therefore,
Cobbs cannot be used synonymously with “agreement to defer”.
When a disposition is deferred it usually is stated as follows: Minor pleads responsible (guilty) with an
agreement that disposition will be deferred. The adjudication order should say under “other”; Minor
pled per Cobbs agreement.
Then there is an initial disposition, the minor is placed on probation with conditions. The disposition
order needs to show that the final disposition is still pending, and we title the order “ADJOURNED
DISPOSITION”.
At the second disposition, if the minor completed all terms, another disposition order is completed that
says Petition is dismissed and case closed. This order is titled “FINAL DISPOSITION”. This will show that
the charges have been dismissed.
Probation
If a youth is placed on probation, the probation officer is responsible for submitting an order to
terminate the court’s jurisdiction. The probation officer will verify that all fees have been paid and that
the minor has completed the terms of probation. Often, at this stage fees are waived by the probation
officer. They will indicate on the closure order which fees are to be waived, or if there is a petition to be
withdrawn. Probation submits the closure order to the Referee for signature and then it is submitted at
the counter for processing and case closure. A copy of the closure is provided to the minor/parent,
probation officer, prosecutor, and attorney on the case.
Dismissal (Not guilty, dismissed as part of plea deal)
There are occasions when a youth enters a plea deal and one case may be dismissed and the youth
enters a plea on the other. In these instances, the file is closed in the courtroom by the court reporter
and parties are given a copy of the dismissal in the courtroom.
Expunging Diversion and Consent Records
Diversion and consent records are stored in the basement file room by order of date of birth. Once per
month, the supervisor collects the probation files of youth that are 17, which contain the original
records, and purges them. The case is verified in eNact to show as non-public and it is further verified
that the count/petition screen reflects the petition was not authorized.
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"I was told my case was dismissed and now it appears on my background check”
Obtain the youth’s case name and case number(s). Pull the file and compare the order of disposition to
what is shown on the count petition screen in eNact.
Run an ICHAT and see if the ICHAT reflects what is in the court’s order. If there is a discrepancy, present
the information to the supervisor, and if they concur, send a fax to the MSP and include a copy of the
order, and put a brief description of the issue on the fax cover sheet. Include the case number, child’s
full name, date of birth, CTN number, and the issue you are requesting to be resolved. Most issues are
resolved by the MSP within three days. Rerun the ICHAT to confirm that the correction has been made.
For the public, the following is a procedure to correct a court disposition:
If the judicial segment of your criminal history record is in error, obtain a copy of the correct court
disposition from the court and attach it to the record print out for mailing.
Mail the above information to the Michigan State Police, CRD, Identification Section, P.O. Box 30634,
Lansing, Michigan 48909.
Further questions:
Phone (517) 241-0606
FAX (517) 241-0866
E-Mail: msp-crd-crimhelp @michigan.gov
"The Secretary of State suspended my license and said it was your fault"
The law requires the Secretary of State to automatically suspend or revoke a youth’s driver license for
certain violations. The action taken against a youth will depend on a number of factors, including the
type of violation or unsafe driving behavior involved, the youth’s driving record, and their willingness to
comply with assessment recommendations and requirements.
Licensing actions range from restrictions to revocations.
Typical offenses that require abstracting are: minor in possession of alcohol, no operator’s permit on
person, violation of graduated licensing sanctions, and drug charges. If a minor has been petitioned to
the court on one of these types of offenses and does not appear in Court, the Court can suspend the
minor’s license so when they apply for a license they will have to take care of the charges with the court
before being issued a driver’s license. The abstract process comes out of the courtroom and the
abstract is prepared and faxed to the Secretary of State by the court reporter. You will see an entry for
the abstract in eNact as *SOS*. For some violations, such as minor in possession of alcohol, if the youth
does not have previous charges, they may be able to enter a plea with a deferred disposition. If they are
successful on probation, their charges are dismissed at the end of probation and the entry is removed by
the Secretary of State.
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Petition to Set Aside Adjudication
Procedure to set aside a conviction:
This is a judge-ordered removal of a criminal record (from public to nonpublic) for a juvenile with not
more than three juvenile offenses and no felony convictions or an adult with one criminal conviction and
not more than two minor offenses:
The youth must complete an application to set aside a conviction or set aside adjudication from the
court where they were convicted and a certified copy of the disposition or register of actions. The
proper form for juveniles is the JC66. Free copies of this packet are distributed at our counter. The first
step is to have the youth complete the form, and then a motion hearing is set eight weeks out on a
Monday or Wednesday at 9:00 or 10:00 AM (this needs to be set in these time slots for the Prosecutor
to be present).
We do not charge a fee. The hearings are set as JMOS, and update the directive with Motion to Set
aside an adjudication. The youth must then follow the instructions on the packet and serve the proper
individuals, get fingerprinted, and provide the proof of service back to the court.
The youth must go to a Michigan law enforcement agency and ask to be printed on a Michigan Applicant
Fingerprint card (RI-8) and complete the personal information on the card; and make sure that the place
labeled "FBI & State" is marked in block E of the card under "Search Requirements".
Then they submit the applicant fingerprint card (RI-8), the application form from the court (JC66), a
certified copy of the disposition order or register of actions, and a $50.00 ($25.00 juvenile set aside)
processing fee in the form of a money order or check made payable to the State of Michigan. If applying
for multiple juvenile set asides, they need to include a copy of each application and certified
judgment/order. Juvenile set aside applications submitted separately will require additional fingerprints
and $25.00 fees.
They then mail the above information to the Michigan State Police, CJIC- Criminal History, P.O. Box
30266, Lansing, Michigan 48909.
The following numbers are provided to youth with further questions, and it is recommended that they
direct their questions to the MSP:
Phone (517) 241-0606
FAX (517) 241-0866
E-Mail: [email protected]
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Probation Programs & Officers At-A-Glance
The Juvenile Probation Department is comprised of staff in the following programs (effective 1/1/13):
Program
Adoptions
CSC Probation
CASA
Diversion
Intensive Probation
Juvenile Drug Court
Night Surveillance
Probation
Staff
Monica Hicks
Jessica Ashmore
Quintin Williams
Joyce Tesoriero
Virginia Harmon
Jim Hollis
Aaron Miller
Zan Jefferies
Tom Snelling
Sarah Stein
Kari Mapes
TBD
Tonia Hayes
Fred Cofield
Jason Herter
Nate Vaughn
Stacia Zellner
Kent Bernard
Paula Madden
JaVonda Palmer
Michele Rutsey
Kassie Weiland
Supervisor
Deborah Shaw
Donna White
Deborah Shaw
Deborah Shaw
Bill Malcolm
Donna White
Bill Malcolm
Donna White
Diversion staff holds a Retail Fraud class for youth every other week (usually in the 3rd floor conference
room). Each semester the Probation Department (and occasionally the Referees) has student interns.
The EMU Diversion Program (instructors Jenny Fritz and Bonnie Miller) hold class each week at the
courthouse and occasionally hold meetings with youth and families in the courthouse.
Friends of CASA is a non-profit organization that partners with the Court in raising awareness and fundraising for the CASA program. The Court provides them office space.
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Inquiry
Frequently parents, or others, call the court expressing concern over the behavior or situation or a child
and seeking intervention resources. Parents may report that they were told by school or law
enforcement staff to call the court to file incorrigibility. If the child has an open case on probation or
diversion, the call should be forwarded to the existing caseworker/probation officer. However, if youth
is not formally involved in the court process or has charges pending and no probation officer yet
assigned, the court provides caseworkers to talk with parents about their youth, recommend services,
and provide support in hopes of preventing formal intervention. Diversion caseworkers rotate “inquiry
duty” weekly, and an annual schedule is posted. If the caseworker is not immediately available, instruct
the customer that the worker will call them back within 24 hours. If a parent is belligerent or otherwise
in crisis and aggressively pursuing immediate contact, notify the diversion supervisor (or probation
supervisor, if not available) and transfer the call to the supervisor for immediate response. The inquiry
schedule can be found on the I-drive in the calendar folder: I:\CALENDARS - JUDGES\2013 INTAKE
SCHEDULE.xls
Summer Sports Camps
Each year, the Juvenile Court offers free Summer Sports Camps as a free prevention / early intervention
program for youth and families in Washtenaw County. The Summer Sports Camp relies heavily on
volunteers and public donations to operate. The following organizations regularly contribute to the
partnership by providing volunteer coaches, athletic equipment, athletic facilities, food/drink, and
funding: local law enforcement agencies; public school districts and staff; Eastern Michigan University;
University of Michigan; City of Ypsilanti; local businesses; and community volunteers.
The Summer Sports Camp provides instruction, coaching, and competition in a series of four-day
sessions focusing on football, basketball, wrestling, swimming, tennis, and golf. Youth ages 8 – 16 are
eligible to participate and frequently older juvenile probationers are tapped to assist through summer
jobs or volunteer work. The program is designed to provide positive activities for youth during the
summer months while enhancing adult / youth relationships, providing substance abuse prevention
information, and instilling positive values, including sportsmanship, cooperation, and a sense of
achievement.
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3. NEGLECT / ABUSE
Creating an Electronic File (opening in eNact)
PETITION WITH ORDER TO TAKE AND PLACE
When a petition and Order to Take and Place is received by the court, the petition is processed
immediately and an emergency hearing scheduled. The case information needs to be entered in the
computer. Click on New Case; when screen appears, type NAJ and hit Enter. Next, type information into
the following fields:
Case Type:
Juv Name:
DOB:
Date Filed:
Status:
Status Date:
Caseworker:
NA
First name/middle name/last name/suffix (if applicable)
mm/dd/yyyy
Today’s Date
Open
Today’s date
MDHS (Michigan Department of Human Services) worker assigned to the case, if
any (ENTER)
On the next screen, fill in the following fields with the information found on the petition and/or
complaint: address, sex, race, city, state, zip, phone, birth place (ENTER). You should now be on the
Neglect/Abuse Petition Maintenance screen, and a case number will appear in the Case-ID field. Write
the case number on the petition. Enter data into the following fields:
Date:
Type:
Agency:
Father:
Mother:
(ENTER)
Date petition received at court or today’s date
ONA if first child (if termination at initial disposition is being requested, the code
is OTM)
FIA (if Michigan Dept of Human Services is petitioner)
Father’s name, if on petition (if putative father, add on the party screen as PF)
Mother’s name, if on petition
The parent and/or guardian information needs to be entered on the Party screen, including date of
birth, if available. If you are adding information to the mother or father, such as address, etc., click on
the circle next to their name; then click on Change. Fill in all fields possible with information from the
petition. If an address is unknown, type “unknown” in the address filed. If you are adding a new party,
such as a guardian, click on Add and enter all information available. This needs to be done for each
party.
Once the petition information has been entered on the computer in its entirety, a copy of the petition
and a copy of the detailed fact sheet are to be taken to the clerk appointing attorneys, four copies of
same are to be made for the legal file, and paper files are to be made as follows:
Blue Legal File:
Purple Social File:
original petition, original detailed fact sheet, original Order to Take and
Place, four copies of petition placed loosely in front of file.
(usually nothing at this stage – birth certificates when filed)
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For file making instructions see: Case File Jacket Organization - Creating Paper Files
Once the hearing has been scheduled, the files need to be given to the administrative coordinator. An
entry should be made on the computer Docket screen that an Order to Take and Place was signed by a
referee (NOTC). The NOTC entry needs to include the child’s removal date, whether or not the father is
a legal father or putative father and his name, and any contrary to the welfare and reasonable effort
statement contained in the order.
PETITION FILED WITHOUT ORDER TO TAKE AND PLACE
When an NA petition is filed without an Order to Take and Place, the petition is to be submitted to the
referees’ office for review. A referee will review the petition, note how it is to be handled and return it
to the clerk office. The petition information is to be entered on the computer as stated above.
In most instances, the referee will instruct that the petition be scheduled for a preliminary inquiry. Go
to the Event screen and click on Add; enter the following information:
Defendant:
Petition Number:
Judge:
Event Code:
Event Date:
Event Time:
A
001
FAR2
JPIS
(use calendar & computer matrix to find available date)
(military time)
The next step is to prepare a JC45 Notice of Hearing (NOH) and send a copy to the petitioner (usually
MDHS) and a copy to the Washtenaw County Prosecutor’s Office, if MDHS is petitioner. A copy of the
NOH is to be sent to the respondent(s) [parents], along with a copy of the petition and a copy of the fact
sheet. A guardian ad-litem needs to be appointed for the minor, so a copy of the notice, petition and
fact sheet should be given to the clerk responsible for appointing attorneys.
On the computer Docket screen make an entry for the Notice of Hearing (NOH) and indicate the date of
the hearing and who was sent a copy. A copy of the notice is to be date-stamped, a checkmark placed in
the upper right-hand corner to indicate that it was entered on the computer, and filed in the legal file.
The files are then placed in numerical order on the file shelf.
Appointing a GAL for the child
NA Matters: When the court receives a new petition for matters where children have been removed
from their home on a take and place order, the court pre-appointments a Lawyer-Guardian Ad Litem to
represent the child(ren) at the 24-hour Preliminary Hearing. An email is sent to I-pdj staff inquiring if the
PD's office is available to act as LGAL for the minor at a 1:30 PM hearing that day. The following
information needs to be included in the email:
Child{ren)'s name and date of birth
Case Number
Parent(s) name and date of birth (if available) and whether or not that parent is a respondent
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If the PD's office is able to accept the appointment, an appointment order (jc03) and standard pretrial
order (found on I: drive) are prepared and placed in the PD's mailbox along with a copy of the petition.
(code: GAL – add name of attorney [or firm name] and what party they are appointed to represent. i.e.
“Public Defender for minor) and party screens (code: GAL and fill in name and contact information) on
eNact. Add the appointment to the Attorney Appointment database found on the M: drive.
If the PD's office is unable to represent the child and act as L-GAL in a neglect matter or
represent a parent in the neglect matter, the person making the appointment will contact the
Legal Defense Group PLC by calling Kim Moore 734/222-8084 ([email protected]).
In most instances, the PD will be appointed to represent the child in an NA matter LDG will be
appointed to represent the mother, Julington will be appointed to represent the first father.
The second father or any conflicts will be appointed from the appointment list. An appointment
order, standard pretrial order and a copy of the petition will be faxed to the appointment
attorney (see above).
The attorney information is then added to the docket and party screens on eNact, and the file
information is added to the Attorney Appointment database found on the M: drive as described
above.
Selection Process
If the PD's office is unable to represent the child and act as L-GAL in a neglect matter or represent a
parent in the neglect matter, the person making the appointment will contact the Legal Defense Group
PLC by calling Kim Moore 734/222-8084 ([email protected]).
In most instances, the PD will be appointed to represent the child in an NA matter LDG will be appointed
to represent the mother, Julington will be appointed to represent the first father. The second father or
any conflicts will be appointed from the appointment list. An appointment order, standard pretrial order
and a copy of the petition will be faxed to the appointment attorney (see above).
Drafting the Order
If the PD's office is able to accept the appointment, an appointment order (JC03) (see sample: I:\Sample
Orders\JC-03 Order Appointing Attorney or GAL 9-03.doc) and standard pretrial order (found on
I:\Juvenile Forms & Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL ORDER.doc) are
prepared and placed in the PD's mailbox along with a copy of the petition. (code: GAL – add name of
attorney [or firm name] and what party they are appointed to represent. i.e. “Public Defender for
minor) and party screens (code: GAL and fill in name and contact information) on eNact. Add the
appointment to the Attorney Appointment database found on the M: drive M:\Attorney
Appointments\AttorneyAppointments.mdb.
Case Assignment (Hearing Officer) and Standard Events
Hearing Officer
FAR3
Hearing Type
Emergency – 24 Hour Hearing
Code
J24s
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Continued Preliminary Hearing
Pretrial
Permanency Planning
Post Termination
Motion Hearing
Adjudication Trial
Termination Trial
Disposition
FAR2
JPRC
NPTS
NPPS
JTPS
NMOS
NAAT
NATT
NDSS
Scheduling the First Event
Not in Custody: Preliminary Inquiry
In most instances, the referee will instruct that the petition be scheduled for a preliminary inquiry. Go
to the Event screen and click on Add; enter the following information:
Defendant:
Petition Number:
Judge:
Event Code:
Event Date:
Event Time:
A
001
FAR2
JPIS
(use calendarI:\CALENDARS - JUDGES\2012 REFEREE HEARING
SCHEDULE.doc or computer matrix to find available date) – two
weeks out to allow time for service.
0900 (military time)
In-Custody (w/take and place order): Preliminary Hearing
The next step is to set an emergency preliminary hearing on the Event screen by entering the following
information:
Defendant:
Petition Number:
Judge:
Event Code:
Event Date:
Event Time:
A
001
FAR3
J24S
If the petition is filed before 1:30, the hearing should be set for that
same day. If it is filed after 1:30, it should be set for the following day.
1330
Appointing Attorneys / GALs for Parents
In neglect matters, if the parent does not have retained counsel, the clerk preparing attorney
appointments will receive an email from the court reporter when the parent requests counsel in the
courtroom. They may also be requested to appoint a GAL for a parent as well as an attorney, but this is
a somewhat rare occurrence. If the Public Defender’s office is the child’s GAL, then the clerk will contact
Legal Defense Group to see if they are able to represent the mother. If the father also requests counsel,
the clerk will contact Julington Litigation to represent the father. The diagram below is a typical
configuration of counsel appointment on a neglect case:
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PD
LDG represents Mother
Julington represents
Father
GAL
Selection Process
The Public Defender and Legal Defense Group are the only two firms within the contract system that act
as GALs for either the minor or parent. The request is always made to the Public Defender first, then
Legal Defense Group, and then Julington.
Drafting the Order(s)
If the PD's office is able to accept the appointment, an appointment order (JC03) (see sample: I:\Sample
Orders\JC-03 Order Appointing Attorney or GAL 9-03.doc) and standard pretrial order (found on
I:\Juvenile Forms & Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL ORDER.doc) are
prepared and placed in the PD's mailbox along with a copy of the petition. (code: GAL – add name of
attorney [or firm name] and what party they are appointed to represent. i.e. “Public Defender for
minor) and party screens (code: GAL and fill in name and contact information) on eNact. Add the
appointment to the Attorney Appointment database found on the M: drive M:\Attorney
Appointments\AttorneyAppointments.mdb.
Entering Orders
The attorney information is then added to the docket by entering DIS for the standard pretrial order,
and ATP for the appointment; the entry is updated with the attorney and the party that the attorney
represents. The party screen is then updated with ATTY, enter “$” followed by the P-number and eNact
will update the party screen to show the attorney appointed for the parent.
Youth AWOL - Pick Up Order
A pick up order (PUO) form JC05a is an order giving law enforcement authority to apprehend a youth
that has committed a probation violation or failed to appear for a hearing. From time to time if a youth
on the neglect docket goes AWOL from their placement, DHS will file a contempt of court petition for
the youth and make a request for a pick up order.
Pick-up orders are sent only to the Washtenaw County Sheriff’s Department . We do not send them to
any other law enforcement agency.
All pick-up orders must have the court seal placed over the Judge’s signature.
Detention receives a copy of the pick-up order if the minor is to be placed in that facility. Send them
inter-office to Youth Center – Children’s Services – Washtenaw Avenue.
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Orders requiring that a child be removed from the home must include language demonstrating why it’s
contrary for the child to remain in the home and the reasonable efforts that have occurred in attempt to
maintain the child in the home. In neglect matters, it is important to reflect the original language that
demonstrates why it is contrary for the child to remain in the home. A sample is shown at the following
link:
I:\Sample Orders\JC-05a DL Pick Up Order NEGLECT SAMPLE.doc
Prepare pick-up order; give the first two pages to Tamala Jones in a manila folder. The third page of the
JC05a can either be kept with the order, or retained by the clerk processing the order. Once signed by a
Judge, the third page which contains identifying information is sent to the Sheriff’s Department.
Enter a free code in eNACT stating that the pickup order has been prepared and submitted to T. Jones
with the current date.
Upon receipt of the signed pickup order, enter the Judge and date of the signature. If the minor is to be
placed in the Washtenaw County Jail, note that as well, along with the police agency, the worker, and
the youth center. Pick-up orders are signed by Judge Shelton.
Note on the bottom of the first page of the pick-up order the distribution of the order; e.g., Detention
Center, DHS, WCSD.
Enter a FREE code in eNACT stating the pickup order was typed and submitted to Judge’s office for the
Judge’s signature, along with petition 00X for authorization by the Referee.
Upon receipt of the signed pickup order and authorized petition, enter the authorization date on the
petition screen.
Place a copy of the pick-up order with the contempt of court petition attached in an interoffice envelope
to the youth home. Place a sealed copy in the tray at the front counter for pick-up by the Sheriff’s
Department; fill out the log sheet indicating that you have placed the order for pick-up.
Enter the pickup order on eNACT. Indicate which department the order was issued along with the DHS
and Youth Center
Termination of Parental Rights
Notification to parent(s) of the termination of their parental rights. JC63 is an SCAO approved form
which must be prepared upon the filing by a hearing officer of an opinion and order terminating
parental rights.
After the conclusion of a termination trial, the hearing officer will prepare a written opinion and order
and present it to the reporter who recorded the last day of the termination proceedings. The reporter is
to prepare an Order Terminating Parental Rights (JC63) form. The date of the post-termination review
hearing should NOT be put on the order at this point.
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Once the order has been prepared, the reporter should place “Sign Here” post-its on the signature line
of the order and referee-signed opinion, place the order and opinion in a folder marked “Please return
to (reporter’s name)”, and route it to Judge Shelton’s office for signature. The reporter is to make a
note on the docket screen that the opinion and order have been prepared and have been sent to the
judge for signature.
Immediately upon receipt of the signed Order Terminating Parental Rights (OTR) and the signed opinion,
the reporter will date stamp both and enter the date the orders were received on line #2 of the OTR
(date of hearing line). The reporter will, also, prepare an Advice of Rights after Order Terminating
Parental Rights (JC44) and a Proof of Service (JC12B). The Proof of Service must be prepared showing all
service information as it pertains to the parent(s) only.
The reporter will mail a copy of the opinion and OTR to the parent(s) whose rights were terminated,
along with a copy of an Advice of Rights (JC44) and a Request and Order for Court Appointed Appellate
Counsel (JC81). A copy of the opinion and OTR are also to be sent to counsel for the parent(s). This is
done by ordinary US mail and does not need to be certified unless ordered by the hearing officer.
The reporter will schedule a Post-Termination Review hearing and place that date on the order. The
reporter will, then, mail a copy of the OTR and opinion to the remaining parties on the case, including
the prosecutor and CASA, if applicable. A copy of the OTR (not the opinion) must be sent to FOC as well.
The reporter will update the computer with the following information:
a. Filing Screen – legal status (PWC if both parents’ rights are terminated, TWC if only one
parent’s rights are terminated); date termination order signed. If both parents’ rights are
terminated, then the program code MCI needs to be added, as well as the date the
termination order was signed.
b. Petition Screen – disposition code (FGB) and date OTR signed; rights terminated date for
parent(s) whose rights were terminated.
c. Party Screen – remove name of attorney(s) representing terminated party(s); add “terminated” as the middle name of the parent(s); review addresses and update as
necessary.
d. Docket Screen –
1. OPN – “Opinion and Order signed by Referee __and Judge __,
Parental rights of __are terminated.”
2. ORD – “Order Terminating Parental Rights of _signed by Judge _,”
3. TRP – “Terminate Rights of __.”
4. ADV – “Advice of Rights form sent to ___, along with order for appointment of
Appellate Counsel.”
5. PSV – “Proof of Service – Copy of opinion, OTR, Advice of Rights and Request for
Appellate Counsel forms sent to ___.”
6. RN – (recorder notes)
7. NP – (if both parents’ rights are terminated, which will place a red flag on the docket
screen indicating case is confidential.)
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e. Event – schedule post-termination review/permanency planning hearing (JTPS) 90 days
from date of order; send notice to caseworker, L-GAL and CASA, if applicable. DO NOT
SEND NOTICE TO TERMINATED PARENT(S) OR THEIR ATTORNEY(S).
Once all copies have been distributed and the computer has been updated, a checkmark is to be placed
in the upper right-hand corner of all original documents, and the documents filed in the legal file.
If the parental rights of both parents have been terminated, the reporter is to write CONFIDENTIAL on
the outside of the legal file. Return any exhibits from the trial.
Order Terminating Parental Rights (JC63)
Advice of Rights after Order Terminating Parental Rights (JC44)
Request and Order for Court Appointed Appellate Counsel (JC81)
Proof of Service/Non-Service (JC12b)
Closing the File
Child Returned to Birth Parent(s)
The Court is advised when a child is reunified with a parent usually during a permanency planning
hearing. That might not necessarily mean that the case closes. The case would close during a hearing.
The court reporter would make sure that there are no other dates pending, that the count petition
screen has been updated, and then would enter the order closing the case, and then enter CLO for
closed. Write “closed” and the closure date on the outside of the file and re-shelve.
Child Adopted
The Court is notified by other counties when a child is adopted with a Form MC28 – Notice to Prior
Court of Proceedings Affective Minor(s), by DHS during a court hearing, or by the Court’s Adoption
Caseworker. When this information is received, look up the case name, and cancel any pending hearing.
Prepare a JC36 – Order to Terminate the Court’s Jurisdiction and include on the order the date the child
was adopted (see sample order: I:\Sample Orders\JC-36 Request & Order Terminating Court Jurisdiction
9-06.doc). Be sure to include across the bottom of the order, the parties that require a copy of the
closure order and verify that this distribution is completed once the order is signed by the Judge. Sign
the JC36 and route to Referee Schikora for signature. Once the Referee has signed the order, route it to
the Judge’s office for signature.
Child Aged-Out
Some children in the foster care system age out, meaning that they are released to themselves when
they reach the age of 20. Their court case closes, but it also opens them up for participation in other
programs including the Voluntary Foster Care Program.
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A child normally ages out during a post-termination hearing and the case is closed during that hearing.
The court reporter would make sure that there are no other dates pending, that the count petition
screen has been updated, and then would enter the order closing the case, and then enter CLO for
closed. Write “closed” and the closure date on the outside of the file and re-shelve.
Juvenile Guardianship
Sometimes in an established neglect case the case permanency plan becomes a juvenile guardianship. A
juvenile guardianship is distinctly difference than a minor guardianship, and juvenile guardians have the
powers and duties as provided in MCL700.5215. There are no petitions for juvenile guardianships and
they can occur with or without termination of parental rights. The guardianship can be determined at
either the Permanency Planning hearing and indicated on the JC19 or the Post Termination hearing and
indicated on the JC76. A juvenile guardian is appointed if the Court determines it is in the child’s best
interest.
For permanent court wards, the Court needs written verification of MCI consent.
Prior to placing a child in a juvenile guardianship, the Court determines that this is in the child’s best
interest and orders DHS to perform the following tasks:
-
Complete a criminal record check and submit the results to the Court within seven days.
-
Complete a central registry clearance and submit the results to the Court within seven days.
-
Perform a home study and file within 28 days; (if a home study has been performed in the last
365 days, a second one is not required)
The Court must enter a separate order appointing the guardian JC91 and open a JG file. There is no
filing fee.
The guardian must submit a JC92 – Acceptance of Appointment and the Court will issue the JC93 Letters
of Juvenile Guardianship; these letters will include any limits on authority.
The juvenile guardianship continues until the guardian is released by court order or the minor is
emancipated. The neglect case closes when the guardianship order is entered.
The guardian will file a JC94 Annual Report of Juvenile Guardian within 56 days of the anniversary of
appointment. The guardian must serve the report on parties. The Court must conduct an annual review
of the file within 63 days after the anniversary and conduct additional reviews as necessary.
Voluntary Foster Care Case
Children between the ages of 18 and 21 that participated in Michigan's foster care program are eligible
for continued support until age 21. Extending foster care to age 21 offers a safety net of supportive
services and financial benefits during the critical transition to adulthood, including:
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Extension of foster care payments.
Continued oversight by a caseworker for additional support.
Counseling services.
Continued health care coverage.
Training in independent living skills.
More time to finish high school and pursue vocational or secondary education.
DHS will file a petition with the Court. The current case management system is not set-up to accept a VF
case type, so these cases are manually tracked and maintained by the supervisor. Because the case
management system is not set-up, the $150 fee is waived. The file is constructed based on receipt of
the petition, proof of service and report from DHS. The CCFD 21 order is prepared and routed to
Referee Schikora for review. Once she approves the order, the order is sent to Judge Shelton for
signature and the order is distributed to parties listed in the checklist. The case is then closed.
CHECKLIST for VOLUNTARY FOSTER CARE (VF)
Case Name:
File No.
Petition Filed – SCAO Form CCFD 20
N/A Case is Closed
Youth Resides in Washtenaw County (the NA
could have been open in another county)
Statement of facts including reasonable efforts
made and why foster care is in the youth’s best
interests
File opened; data entry done
Signed order is served on DHS, Minor, Court
that had jurisdiction in N/A case, Foster parents or
parents, if any
- VF
Proof of Service indicates all required parties
served (minor, court having jurisdiction in N/A
case, parents/foster parents if any
Petition is Timely (within 150 Days of
DHS/Youth signing agreement)
Written report from caseworker filed with
following information included: Youth’s name,
DOB, race, gender, and current address
Copy of the foster care agreement
Order (JC CCD 21 submitted for signature
(must be signed by a Judge within 21 days of filing
petition)
Case Closes
CASA (Court Appointed Special Advocates)
Through two part-time court staff members, the CASA (Court Appointed Special Advocates) program
recruits, trains, supports, and oversees community volunteers as advocates for children in the foster
care system. Volunteers attend almost 40 hours of initial training and 12 hours of ongoing annual
training to prepare them to provide objective advocacy for vulnerable children. The CASA volunteer's
personal involvement provides an in-depth assessment of the child's needs, challenges, goals, abilities,
and wants. From this amassed information comes a more complete understanding of the children and
families and an ability to advocate knowledgeably for actions that serve the child's best interests. CASA
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volunteers will always act in the best interest of the child, within the limits of the law, pushing the
system towards achieving permanency for children.
The CASA program is certified by National Court Appointed Special Advocates Association (National
CASA) and is an active member in the Michigan CASA Association. Friends of CASA is a small non-profit
agency that exists to work in partnership with the CASA program to enhance community awareness of
the needs of abused and neglected children and to fund-raise for the CASA program.
The CASA Coordinator and Volunteer Leader will prepare the orders necessary when a CASA is
appointed or removed. The order is signed by the Referee, and then a copy needs to be signed by a
Judge and distributed to parties. To enter the CASA order in eNact, click add, and enter the code CASA –
this will populate CASA APPOINTED to the register of actions. Update the entry with the name of the
CASA that has been appointed. The CASA flag should populate; this is important because it triggers the
case to a monthly report. Sometimes more than one CASA is appointed for a minor; a separate CASA
entry should be made in these instances.
From time to time, CASAs can be removed for a variety of reasons. In this instance, you will receive an
order removing the CASA. To enter the removal order in eNact, click add, and enter the code CASAR –
this will populate CASA REMOVED to the register of actions. Update the entry with the name of the
CASA that has been removed.
Private Agencies
Private Agency Foster Care (PAFC) works as a contractor with the State of Michigan, Department of
Human Services and follows all DHS policies related to Children’s Foster Care.
DHS works with a number of private agency and contracts services though these agencies for case
management purposes. These workers are supervised by DHS and are sometimes referred to as
Purchase of Service workers. A listing of agencies can be found at the following link: I:\Telephone
Lists\Agency Contact List.pdf
DHS Workers At-A-Glance
The Department of Human Services works is one of the Court’s partners. Listed below is a sample listing
of employees, this list is frequently updated, and the most-current copy is stored on the I-drive at the
following location:
I:\Telephone Lists
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WASHTENAW COUNTY DEPARTMENT OF HUMAN SERVICES
ORGANIZATIONAL STAFF LISTING
ADORJAN, RENEE – DIRECTOR 734-481-8364
Clark, Adelia, Social Services Section Manager 734-481-8369
Wilde, Annette, Financial Programs Section Manager 734-481-2005
Davis, Nicole, Administrative Manager 734-481-8372
Temple, Lisa, Executive Secretary 734-481-2115
NICOLE DAVIS – ADMINISTRATIVE MANAGER 481-8372
ADMINISTRATIVE SERVICES
Childs, Daphanie – Office Supervisor 481-2102
Kyprianides, Diane - Departmental Technician 481-8358
Pordon, Greg – Community Resource Coordinator 481-2058
Richardson, Rick - Tech. Support 481-8450
Scherer, Nancy – Office Supervisor/Fiscal 481-2080
Swasey, Deborah - Departmental Analyst 481-8367
Wheeler, Summer - Hearings Coordinator 481-8384
SCHERER, NANCY, Office Supervisor/Fiscal 481-2080
Kesler, Grace - Lead Worker/Central Registry 481-8370
Bell, Melvin - Lobby Navigator/Faxes 481-8457
Collins, Shannon - Accounting Liaison, Faxes 481-8379
Rybicki, Theresa – CPS Clerk 481-2105
Triplett, Cynthia - RSS 481-2186
Williams, Mary - Foster Care Clerk 481-8380
Winnie, Michelle - 849 Reconciliations, Tab Quik 481-2067
Zarycky, Jerry - AP Closed Files, LEIN 481-2192
CHILDS, DAPHANIE, Office Supervisor 481-2102
Adelman, Gregg - RSS 481-2191
Bower, Kevin - RSS 481-8397
Chenault, Randa - RSS 481-2187
Gladden, Jody - Reception/Laborer 481-2099
Iteh, Karla - Section 8 481-2040
Jurgenson, Kathy - Reception 481-8391 Rev. 5/29/2013
CLARK, ADELIA – SECTION MANAGER 481-8369
SOCIAL SERVICES PROGRAMS
Lerette, Trisha, CPS, LTA 481-2009 734-635-5757
Funding Specialist
8120111101 Westergard, Brooke 734-481-2097
CPS
8120111102 Crawford, Monica 734-635-2856
8120111103 Coleman, Laquala, LOA 734-985-1499
8120111104 Kitchen, Dana 734-218-6172
Wagstaff, Tiffany, CPS/Prevention 481-2053 734-635-6083
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Prevention
8120111201 Forde, Dwight, LTA 734-635-2097
CPS
8120111202 Lee, Adrianne 734-985-1612
8120111203 Rayborn, Jasper 734-635-6020
8120111204 Hoover, Kimberley 734-612-7120
8120111206 Carlston, April 734-635-0518
Harbert, Angela, CPS 481-8464 734-219-8843
8120111301 VanBrunt, Jennifer 734-635-5096
8120111302 Johnson, Michele 734-219-8839
8120111303 Gates, Jasmine 734-985-1382
8120111304 Barilovich, Nicholas 734-612-8532
8120111305 Babycz, Jennifer 734-635-0864
Dale, Danielle, CPS 481-8401 734-635-1232
8120111413 Mansfield, Joyce 734-635-5933
8120111414 Polite, Kevin 734-985-1243
8120111415 Swingrum, Whitnee, LTA 734-219-8577
8120111416 Forgacs, Steve 734-635-1751
8120111418 Spalding, Erin 734-635-2756
Franklin, D’Anne, CPS 481-8399 734-635-0671
8120111521 Vincent, April 734-219-8673
8120111522 Burris, Denise 734-635-5657
8120111523 VanZandt, Amy, LOA 734-635-6452
8120111524 Lee, Ronnie 734-635-5645
8120111525 Buck, Catherine, LTA 734-219-8815
Davidson, Sarah, CPS 481-2029 734-635-1578
8120111601 Jones, Rashaad 734-635-4624
8120111604 Anderson, Joshua 734-635-7265
8120111605 Bryant-Hall, Heather 734-635-5818
8120111606 Sharma, Rita 734-635-2844
8120111607 Lewandowski, Rachel 734-635-5693 Rev. 5/29/2013
SOCIAL SERVICES PROGRAMS iPhone Number
Williams, Latoia, CPS/APS, LTA 481-2091 734-635-6048
CPS
8120112101 Mike, Robin 734-635-5919
8120112102 Young, John 734-635-5614
8120112103 Carr, Peter 734-985-1874
APS/ILS
8120212004 Harris-Knowles, Damita 734-985-1850
Adult Protective Services
8120212007 Wallace, Keysha 734-985-1877
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Yaeger, Margie 481-8405 734- 635-7203
Foster Care
8120111702 Satanski, Emily 734-635-3106
8120111703 Richards, Robin, POS 734-219-8727
8120111706 Moore, Shawnna 734-635-6584
8120111708 Rutan, Melissa 734-635-1357
8120111709 Chapman, Shana 734-635-6252
Haelewyn, Char 481-8371 734-219-8855
Foster Care
8120111802 Seymour, Julie 734-635-5320
8120111804 Kent, Wendy 734-635-2538
8120111805 Reynolds, Brittney 734-635-7053
8120111807 Rayford, Regenia, POS 734-635-7426
Health Liaison Officer
8120111810 Cash-Calhoun, La’Tanya 734-481-2195
Bunton, Susan Reynolds 481-2023 734-635-5914
Licensing
8120111902 Virgo, Scott 734-635-5018
8120111903 Connolly, Miriam 734-635-6933
8120111906 Ficklen, Netarsha 734-635-1639
Juvenile Justice
8120111907 Greening, Michael 734-219-8856
MYOI Coordinator
8120111904 Boxley, Shavondee 734-635-7234
Cusic-Spencer, Crystal 481-2012 734-985-1857
Adult Services
8120212001 Caillouet, Linda 734-985-1891
8120212002 Jones-Richmond, Carla, LOA 734-985-1852
8120212003 Shaw, Charlette 734-985-1872
8120212005 Benson, Marico 734-635-5061
8120212006 Maddox, Jessica 734-985-1905
AP Adult Services
Daniel, Wanda, ES 734-481-2112
ValdezR2 Valdez, Bob, ES 734-481-2087
SOCIAL SERVICES PROGRAMS
Taylor, Sabrenah 481-8383 734-218-6270
Foster Care
8120212202 Swilley, Jochebed 734-635-5197
8120212203 Abbington, Ida 734-516-8276
8120212204 Branch, Regina 734-328-4202
8120212205 Miller, Amy 734-635-3967
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4. Parental Waivers
The law requires that the minor and one of their parents or legal guardians give written consent for an
abortion to be performed on an unemancipated minor. However, in certain cases the circuit court may
grant a waiver of the requirement for consent by your parent or legal guardian. This would enable a
juvenile to consent to an abortion by themselves. Normally, youths are accompanied by Planned
Parenthood and they provide assistance to youth.
Youth may petition the circuit court for a waiver of the requirement for their parent's or legal guardian's
consent 1) if your parent or legal guardian is not available or refuses to give his or her consent, or 2) if
you choose not to seek the consent of your parent or legal guardian.
A form is available to petition the court and is called "Petition for Waiver of Parental Consent for an
Abortion".
All court proceedings are confidential and the Court utilizes only the minor’s initials in the petition.
All court proceedings are closed to the public.
The court is required to issue an order either allowing or denying the petition within 48 hours, excluding
Sundays and holidays, after the hearing ends.
If the Court denies the petition for waiver of parental consent, the minor can appeal the order to the
Michigan Court of Appeals.
To have the court order a waiver of parental consent, at the hearing the youth must prove either of the
following: 1) That they are sufficiently mature and well enough informed to make a decision to have an
abortion independently of their parents or legal guardians; or that the waiver of parental consent is in
the youth’s best interest.
Process: Judge Shelton’s Judicial Coordinator contacts the Supervisor and alerts that a petition has been
filed (usually from Planned Parenthood), and advises of the date of the hearing. Judge Shelton normally
hears waivers on the 1st and 3rd Friday of the month, but a request can come in at any time. The
Supervisor opens the case by selecting PWJ from the menu and enters
Case Type:
Judge:
Confidential:
First:
Last:
Date of Birth:
Date Filed:
Status:
Status Date:
PW
CVCC
P
Initial of first Name
Initial of last Name
00/00/0000 (month/day/year)
Today’s Date
Open
Today’s Date
Update the count petition screen with:
Date:
Today’s Date
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Type:
WOPC
Go back to the register of actions and click ADD
Enter A for the juvenile and 1 for the petition number
Type:
CIW
At this point, there are no more eNact entries needed until after the hearing.
Go to the I-Drive and select the Juvenile Folder, and Parental Waivers Sub-folder. Prepare the PC-120
form by entering the following:
File Number
Minor’s initials
Minor’s Date of Birth
Hearing Date
At #6, check the box and enter the full name of the minor as it appears on the petition.
At the bottom of the order, near the Judge’s signature line, enter the hearing date
The prepared order and petition are placed in a folder and given to the Judge’s court reporter or
delivered directly to the office. The hearing is held in a closed courtroom.
Following the hearing, the paperwork is returned to the supervisor for entry and case closure.
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III.
PROBATE CASES
GUARDIANSHIPS
A guardian is a person appointed by the probate court and given power and responsibility to make
certain decisions about the care of another individual. These decisions might include treatment
decisions or where the individual should live. If the individual has a reduced life expectancy because of
advanced illness, the guardian may have the power to make an informed decision on behalf of the
individual regarding receiving, continuing, discontinuing, or refusing medical treatment. The duties of a
guardian are listed in statute.
For an adult (incapacitated individual) a full guardian can make all decisions for the individual; a limited
guardian can only make decisions for the individual that the court allows. A legally incapacitated
individual is an adult the court finds to be so impaired by mental illness, mental deficiency, physical
illness or disability, chronic use of drugs, chronic intoxication, or other cause, that the individual lacks
the understanding or capacity to make or communicate informed decisions.
For a child (minor guardianship) a full guardian (GM case) can make all decisions regarding the child
except marriage or adoption (though the Judge may grant these specific authorities to the guardian); a
limited guardian is granted when the parent and guardian come to court together to jointly request the
guardianship which includes a limited guardianship placement plan (PC652) detailing the responsibilities
and involvement of the parent.
For a developmentally disabled person (DD) a plenary guardianship is life long – because the
respondent is virtually totally without capacity and will not gain capacity over time; a partial
guardianship must be renewed every five years. DD guardianships may govern guardianship of the
person (the well-being of the individual) and may also govern guardianship of the estate (management
of the individual’s assets) without requiring an additional separate conservatorship.
1. GUARDIANSHIP OF A LEGALLY INCAPACITATED INDIVIDUAL (GA)
Interested Parties (Initial petition, mod/term petition, annual report)
Initial Petition:
1. The alleged incapacitated individual.
2. If known, a person named as attorney in fact under a durable power of attorney.
3. The alleged incapacitated individual’s spouse.
4. The alleged incapacitated individual’s adult children and the individual’s parents.
5. If no spouse, child, or parent is living, the presumptive heirs of the individual.
6. If no spouse, child, parent or presumptive heirs are living, you must serve the Attorney General
of the State of Michigan.
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7. The person who has the care and custody of the alleged incapacitated individual.
8. The nominated guardian.
9. If the alleged incapacitated individual receives benefits from the Veteran’s Administration, the
Administrator of Veteran’s Affairs must be served through the administrator’s Michigan district
counsel .
10. Any person who has filed a demand for notice in the proceedings.
Petition to Modify or Terminate:
2. All of the above
3. The current guardian
Annual Reports:
1. The ward,
2. The person who has principal care and custody of the ward, and
3. The spouse and adult children or, if no adult children are living, the presumptive heirs of the
individual.
Request for Notice
MCL700.5104 allows an interested person to file a Request for Notice in a Guardianship or
Conservatorship / Protective Order case (pc624) before a case has been filed or at any point during the
pendency of a case. If a case is already open, the requester must provide a copy of the Request for
Notice to the court, along with a Proof of Service (pc564) that the Guardian’s attorney (or the guardian if
not represented) has been served with the Request for Notice. From that date forward, the Requester
must receive notice of filings, notice of hearings and copies of orders. Responsibility for service /
notification of the new IP remains the same as for any other IP – if a new petition is filed the petitioner is
responsible for notice; if the court initiates a proceeding (other than a compliance activity), the court
would provide service to the new IP.
Upon receipt of a Request for Notice, verify the person is already an interested person (see section
immediately above for a list of IPs in a guardianship case). If relationship / interest is not clear, show the
document to the Deputy Register / Referee to verify the person qualifies as an interested person.
Update eNact:
Docket Screen:
FREE
Request for Notice filed by xxx on xxx
Party Screen:
Party Type:
Name:
INP
First, Middle Initial, Last
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Address:
Phone:
Notes:
Street, City, State, Zip Code
xxx-xxx-xxxx
Request for Notice dated xx/xx/xxxx
(ENTER)
If no guardianship case is open at the time a Request for Notice is filed, the Requester must pay a $150
filing fee. Open a case on eNact with limited information (as no petition is pending). Upon receipt of a
petition for guardianship, enter the new filing in the existing case file; charge a new filing fee; and
provide –at no cost – a copy of the Request for Notice to the petitioner’s attorney (or petitioner if not
represented) , documenting the service with a FREEE entry on the Docket Screen on eNact. The
petitioner has now been notified of the IP and must serve him/her as any other interested person.
Required Documents at Case Filing
PC625 - Petition for Appointment of Guardian of Incapacitated Individual
PC562 - Notice of Hearing
PC626 - Notice to Alleged Incapacitated Individual on Petition to Appoint Guardian
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC631 - Order Regarding Appointment of Guardian of Incapacitated Individual
PC571 - Acceptance of Appointment
PC633 - Letters of Guardianship (two if temporary guardianship is being sought)
Copy of Driver's License or State ID
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
If There are Missing Documents:
If the petition is not accompanied by any required document (signed Acceptance of Trust, proposed
Order, proposed Letters, copy of the guardian’s driver’s license of state ID) prepare missing document
letter listing the missing documents and giving a due date of 28 days. Send the letter to the petitioner
and schedule the following event:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Have missing documents been received?”
Click OK (you may have to click OK two or three times)
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If the petitioner is the proposed ward and s/he is missing documents such as proposed Orders, Letters, or
Notice of Hearing, assist the petitioner by preparing the documents and serving notice of the petition.
Creating an Electronic File (opening in eNact)
Opening the Case and Obtaining a Case Number:
If the petition meets acceptance standards, the case information needs to be entered into eNact.
Conduct a name search in eNact to determine if there are any other open or closed cases for this ward;
make a note of any related case numbers.
Click on New Case; when the screen comes up, type PRP; hit enter. Next type information into the
following fields:
Case Type:
GA
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s SS #:
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Representative or Guardian:
Attorney (if any):
$XXXXX ($ sign followed by P-number in the GNC field)
Proposed Guardian’s Name:
First, Middle, Last (in separate fields)
Guardian’s Phone Number:
XXX-XXX-XXXX
Qualification Information:
Auto MA Group:
GDA
Case Information:
Classification Type:
ADLT
Filing Dates:
Petition:
Status:
Status Date:
TODAY’S DATE
OPEN
TODAY’S DATE
Linked Case:
FULL CASE NUMBER (IF ANY)
(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
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Amount:
Enter total amount due ($150 or $164)
Amount Details:
CFFF:
150
CERT:
12
CPY:
2
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge or the petition is being filed by a governmental agency and therefore the fees are waived,
go to the Docket screen and make a FREE entry saying such (“Affidavit and Suspension of Fees granted
on xx/xx/xxx” or “No fees charged as petitioner is the Department of Human Services”).
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner).
Return to the Master screen; Click CHANGE (at the bottom of the page); re-enter the last four digits of
the ward’s social security number (000-00-XXXX). Click OK.
Adding Parties:
Go to the Party screen and you should see entries for the Ward, Proposed Guardian, Petitioner’s
Attorney (if any), and Ward’s privately retained Attorney (if any). First, add the Ward’s, Petitioner’s, and
Guardian’s Attorneys (if any) again. Click add and enter information in the following fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P number)
Associated with:
REP (for Guardian)
OR
PRI (for Ward)
(ENTER)
Repeat for each Attorney
If there are any other parties who have requested notice of proceedings, enter Click ADD and enter their
contact information (Name, Address, Phone Number) and any relevant notes at the bottom of the
screen (ie. Veteran’s Administration)
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Go to the Docket screen, click ADD, and record the filing of all documents, such as
NOH Notice of Hearing (add “sent / handed to petitioner [or petitioner’s attorney]”)
PEG
Petition to Appoint Guardian [of adult]
AOT
Acceptance of Appointment (note “signed by XXX”)
NLI
Notice to Alleged LLIP on Petition to Appoint Guardian
FREE Noting any additional documents
To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found
If any cases were found, delete the “None Found” of the entry and type “cases found.” Print a screen
shot of the Search Results screen and place it in the non-public file.
Creating the Case File Jacket
Obtain a red file folder and select the numbered sticker that corresponds with the case number
obtained in eNact. Select a manila folder and place attach a “non-public file” sticker.
File Label – Labels should be printed or typed in the following manner and placed on the public
and non-public file folder tabs:
1st line: Last Name, First Name and Middle Initial; Full Case Number (PRP-XX-XX-GA)
2nd line: Date of Birth (DOB: XX/XX/XXXX)
Organize the Public File:
Two-hole punch the petition and all supporting documents
Place documents in public file (petition is the first document followed by the Acceptance
of Appointment, Notice of Hearing, Order Appointing Guardian ad Litem, and all
subsequent documents in order of preparation / receipt (including any correspondence
with petitioner regarding missing documents).
Place labeled tab on petition, noting “Pet” or “Petition”
Clip proposed order and Letters inside the file, tabbing the Judge’s signature line.
Organize the NON-Public File:
Place the proposed guardian’s driver’s license and ICHAT report first.
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Emergency (Temporary Guardianship) Hearings
Request / Review Process
Emergency hearing requests will be reviewed by the Register, Deputy Register/Referee or Deputy
Register to determine whether an imminent risk of harm exists – to the ward – if a guardianship hearing
is delayed. The Register/Deputy Register may request additional information (generally from medical
personnel); deny the request (and direct the case be scheduled in the normal manner); or forward a
summary of the information to the Judge for approval or denial of the emergency request to the Judge.
The Clerk will record the request and response on the eNact Docket Screen and inform the petitioner.
Additional Required Documents
PC632 - Order Regarding Appointment of Temporary Guardian of Incapacitated Individual
PC633 - Letters of Guardianship (two if temporary guardianship is being sought)
Written reason for emergency request
Documentation / support from medical professional may be required
Scheduling the Event
The Judge’s office will provide a date and time for the hearing. To schedule the emergency hearing as a
supplemental docket: go to the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Supplemental Type:
JDGE
Code:
FAJA (judge Connors)
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Emergency Hearing on Petition to Appoint Guardian of Incapacitated Individual”
Click OK (you may have to click OK two or three times)
Print two (2) copies of the docket using calendar format C3 (internal use only) and distribute one the
Court Reporter and one to the Judge’s office with the file. Print one (1) copy of the docket using
calendar format C4 (public version) and post it outside the courtroom.
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Following the Hearing
If temporary guardianship granted:
Prepare a certified copy of the letters and a photocopy of the order and hand them to the
petitioner’s attorney or the petitioner (if no attorney) and the person appointed guardian (mail
them to the person appointed guardian if not present).
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “issued to ___ as temporary GA; signed by Judge
Connors on ___; handed [or sent] to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed temporary
guardian; signed by Judge Connors on ____; handed [mailed] to ___ on ___)
Do not activate the compliance screen or the disposition code/date on the Master screen until
after the full hearing.
Schedule the full hearing (For instructions see: Scheduling the Event - Full Hearing on Initial
Petition)
Appoint a GAL (For instructions see: Appointing GAL / Attorney)
If full guardianship granted:
Follow the instructions: Following the Full Hearing)
If no action pending full hearing:
Schedule the full hearing (For instructions see: Scheduling the Event - Full Hearing on Initial
Petition)
Appoint a GAL (For instructions see: Appointing GAL / Attorney)
Scheduling the Event - Full Hearing on Initial Petition
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
MM/DD/YYYY
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Event Time:
In military time (i.e. 1300 = 1pm)
Directive:
“Petition to Appoint Guardian of Incapacitated Individual”
“GAL = ”
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
Appointing GAL / Attorney
Using the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Fill in the case number and case name
#1 –
Mark either Guardian ad Litem or Attorney (as appropriate)
#2 –
Insert the Lawyer’s name, address, and phone number
Check Guardian ad Litem or Attorney (as appropriate) – should match #1
For ________ insert name (most likely the ward / proposed ward)
In respect to ________ (insert type of proceeding (i.e. Petition for Appointment
of Guardian
IF Appointing a GAL:
Check box #3
Check box #4 and due date (Friday at noon before hearing,
unless holiday, then last day open before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and submit proposed order
appointing attorney to Deputy Register for signature.
For instruction on attorney/GAL selection and record keeping see: Appointing Attorneys / GALs
Once the order is signed, update eNact:
Docket screen:
Click Add –
If GAL appointed – GAL (update adding name of lawyer appointed)
If Attorney appointed – APT (update adding name of lawyer appointed)
Update Event screen Directive with lawyer’s name and role (ATTY = XX or GAL = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Once GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
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Following the Full Hearing
LEIN
Initial appointment orders in GA cases only, place a copy of the order appointing guardian in the LEIN
basket in the supervisor’s office for delivery to the Michigan State Police for entry onto LEIN (Law
Enforcement Information Network). Ensure top of order is completed and contains:
Court ORI
Date of birth
Race
Sex
Current address of incapacitated individual
MI810043
Update eNact, ROA:
FREE
Copy of Order placed in supervisor’s LEIN basket for delivery to MSP
Once the order is sent to the Michigan State Police, the following entry will be made on the ROA:
OSMSP
COPY OF ORDER SENT TO MICHIGAN STATE POLICE/LEIN
Processing Orders
Prepare a certified copy of the letters and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if different)
Any person removed as Guardian
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “issued to ___ as full/temporary GA; signed by
Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
If the Judge grants the petition pending some action by the Guardian, the Clerk will schedule a File
Review control date (Friday at 1pm - using code PRE) to ensure compliance.
Compliance Screen
Verify the appointed person appears on the party screen as REP. Add their name, address, and phone
number if necessary (this most often occurs if someone other than the person proposed, is appointed).
Activate the compliance screen: verify the correct Auto MA Group (GDA) has been entered and add AOT
and the date the Letters were signed under Qualification Information.
Open Compliance Screen and verify at least two annual reports (RPT) and two investigation reports
(RRG) appear.
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Disposition Code
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
TRATransferred
Date:
Date of Hearing
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Petition to Modify
Required Documents
PC675 - Petition to Terminate or Modify Guardianship
PC562 - Notice of Hearing
PC638 - Order Regarding Termination/Modification Guardian for Minor or LII/Conservator
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC571 - Acceptance of Appointment (if proposing new guardian)
PC633 - Letters of Guardianship (if proposing new guardian)
Copy of Driver's License or State ID (if proposing new guardian)
Scheduling the Event
To schedule the hearing go to the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
Event Time:
Directive:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
“Petition to Modify Guardianship”
“GAL = X” or “ATTY = X“
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
Appointing GAL / Attorney
Using the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Appoint an Attorney if the petitioner is the Ward; appoint a GAL if the petitioner is anyone other than
the Ward:
Fill in the case number and case name
#1 –
Mark either Guardian ad Litem or Attorney (as appropriate)
#2 –
Insert the Lawyer’s name, address, and phone number
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Check Guardian ad Litem or Attorney (as appropriate) – should match #1
For ________ insert name (most likely the ward / proposed ward)
In respect to ________ (insert type of proceeding (i.e. Petition for Appointment
of Guardian
IF Appointing a GAL:
Check box #3
Check box #4 and due date (Friday at noon before hearing,
unless holiday, then last day open before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and submit proposed order appointing
attorney to Deputy Register for signature.
For instruction on attorney/GAL selection and record keeping see: Appointing Attorneys / GALs
Once the order is signed, update eNact:
Docket screen:
Click Add –
GAL (update adding name of lawyer appointed)
OR
APT (update adding name of lawyer appointed)
Update Event screen Directive with lawyer’s name and role (ATTY = XX or GAL = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Once GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
Following the Hearing (adding/changing guardians on eNact)
Prepare a certified copy of the letters and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if different)
Any person removed as Guardian
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “[___ discharged (if appropriate)]; letters issued to
___ as full/temporary GA; signed by Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
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New Fiduciary as co-guardian: reporting period remains the original reporting period and those
dates continue as long as one of the co-guardians continues to serve. To update eNACT and change
report periods and due dates for the new co-guardian:
1. Add the new Fiduciary – or enable compliance for new Fiduciary
On the Party Screen, Under Qualification Information:
Input appropriate Auto MA Group: GDA (adult or minor over age six)
Input Type = “AOT”
Date = T
Click “OK”
2. On the compliance screen:
Click “ADJUST”
Primary = 1
Party Type = REP
Sequence No. = (party screen number that corresponds to new co-guardian)
Monitored = RPT, RRG, (as appropriate)
Adjustment = CHNG
New Recurring Target Date = due date (first co-guardian’s AOT + 56 days)
Effective Date = T
Click “OK”
Repeat for each monitored action (RPT, RRG) as appropriate
3. On the docket screen:
Click “add”
Under Docket Information, in Code (1) = AOT
Date = T
Under docket text, on the second line type “appointed as co-guardian on _____ (insert date)
with reporting period of ____ to ____ (insert dates).”
Click “OK”
4. Check compliance the screen
The compliance screen should now show two sets of reports and investigation dates (one
for each Fiduciary), all with the same target dates – 56 days past the AOT date. (Ignore the
trigger dates – they may be different).
New Fiduciary appointed sole guardian (Successor Guardian) -- replacing a former guardian
(including the activation of a stand-by guardian), the date that new Fiduciary signs the AOT is the
new trigger date for all reports. This may mean that there is a period of time unaccounted for in the
reports. To update eNACT and change report periods and due dates:
1. Discharge the Old Fiduciary on the Compliance Screen (CONDUCT THIS STEP FIRST)
Click “Adjust”
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Primary = “1”
Party Type = “REP”
Sequence No = number corresponding with discharged representative (found on party
screen)
Adjust = “DIS”
Effective Date = date of order
Click “OK”
The Compliance screen will show fiduciary discharged and will eliminate any future pending
reports/investigations.
2. Make all past due reports and investigations inactive
If there are any past due reports (RPT) and investigations (RRG), select the first one and:
Click “Change”
Primary = “1”
Status = Change from “P” to “W”
Click “OK”
Repeat for each pending past due RPT
3. Discharge the Old Fiduciary on the Party Screen
On the party screen, select the Fiduciary being discharged
Click “Change”
Under Qualification Information, change Auto MA Group from “GDA” to “DIS”
Type = remains the same – do not change
Date = remains the same – do not change
Click “OK”
The old Fiduciary will show as discharged under the MA group on the party screen.
4. Add the new Fiduciary – or enable compliance for new Fiduciary
On the party screen, under Qualification Information:
Input appropriate Auto MA Group: GDA (adult or minor over age six)
Input Type = “AOT”
Date = date of Order Appointing
Click “OK”
5. Update docket screen
Click “add”
Under Docket Information, in Code (1) = AOT
Date = T
Under docket text, type “Reporting dates changed, new fiduciary”
Click “OK”
6. Check compliance and docket screens
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The compliance screen should now show one discharged representative, old reports
“waived,” followed by one set of new reports and investigation dates, all with new target
dates – 56 days past the new Fiduciary’s AOT date.
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Petition to Terminate
Required Documents
PC675 - Petition to Terminate or Modify Guardianship
PC562 - Notice of Hearing
PC638 - Order Regarding Termination/Modification Guardian for Minor or LII/Conservator
PC564 - Proof of Service (may be submitted up to the time of the hearing)
Scheduling the Event
To schedule the hearing go to the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
Event Time:
Directive:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
“Petition to Modify Guardianship”
“GAL = X” or “ATTY = X“
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
Appointing GAL / Attorney
Using the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Appoint an Attorney if the petitioner is the Ward; appoint a GAL if the petitioner is anyone other than
the Ward:
Fill in the case number and case name
#1 –
Mark either Guardian ad Litem or Attorney (as appropriate)
#2 –
Insert the Lawyer’s name, address, and phone number
Check Guardian ad Litem or Attorney (as appropriate) – should match #1
For ________ insert name (most likely the ward / proposed ward)
In respect to ________ (insert type of proceeding (i.e. Petition for Appointment
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of Guardian
IF Appointing an GAL:
Check box #3
Check box #4 and due date (Friday at noon before hearing,
unless holiday, then last day open before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and submit proposed order appointing
attorney to Deputy Register for signature.
For instruction on attorney/GAL selection and record keeping see: Appointing Attorneys / GALs
Once the order is signed, update eNact:
Docket screen:
Click Add –
GAL (update adding name of lawyer appointed)
OR
APT (update adding name of lawyer appointed)
Update Event screen Directive with lawyer’s name and role (ATTY = XX or GAL = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Once GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
Following the Hearing
Prepare a certified copy of the order and mail it to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if any)
Any person removed as Guardian
Update eNact
Register of Actions:
ORD Order – add title of order; text of order; and distribution (i.e. XXX removed [petition
dismissed]; signed by Judge Connors on ____; mailed to ___ on ___) [if granted]
Orders terminating guardianship in GA cases only, prepare an order of Removal of Entry from LEIN
(MC239); obtain the Judge’s signature and place a copy of the Removal order and the order terminating
guardianship in the LEIN basket in the supervisor’s office. Update the ROA:
RFL
LEIN REMOVAL ORDER ENTERED/SENT TO STATE POLICE
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If petition is granted, follow instructions to close out the electronic and paper files (See:
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Closing procedures)
If petition NOT granted – case remains open. If a change has been made (such as a different guardian
appointed) or a review hearing scheduled, create any necessary orders or actions in eNact.
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Annual Report Procedure
Each year, 56 days past the anniversary of the acceptance of trust, the guardian must file an Annual
Report of Guardian on Condition of Ward (PC654). The Reporting Period is always 365 days, beginning
on the anniversary of the Acceptance of Trust (AOT), however the date the report is due to the Court is
the end of the reporting period plus 56 days (to allow the fiduciary time to gather and prepare
documents).
Upon receipt, the Clerk will review the report and:
If the report is complete with no concerns, initial and date the report in the bottom left corner
(to document review of the report) and log onto eNact
If the report is not complete (including not including any medical care), make a photocopy of the
report and return it to the guardian with instructions to complete and return the report.
Document action on eNact docket screen and set a PRE (file review) in 28-35 days to ensure
follow up by the guardian.
If there are two co-guardians, ensure both have signed the report. If so, log onto eNact
Compliance Screen for both. If not, send Notice of Deficiency to co-guardian who did not sign
the report and note requirement to file report within 28 days (set a PRE file review to ensure
follow up).
If the guardian has indicated that guardianship is no longer necessary or they are no longer
willing to be the guardian, assess risk of harm to ward and either send a petition to modify
packet to the guardian or schedule a review hearing with the Deputy Register/Referee. If the
risk of harm appears imminent or great, notify the Register or Deputy Register who may
determine call to Adult Protective Services, an emergency hearing, or the appointment of an
attorney for the ward is indicated.
The Clerk will review the Proof of Service to ensure the following Interested Persons were served:
The Ward;
The person who has principal care and custody of the ward; and
The spouse, adult children or, if no adult children are living, the presumptive heirs of the
individual.
If a proof of service was not submitted or not achieved on all interested persons, a notice of deficiency is
send giving the guardian 28 days to submit the proof of service (set a PRE file review in 28-35 days to
ensure compliance).
Once the report is determined to be complete, no concerns are evident, and all IPs have been served,
the Clerk will initial and date the report, update eNact, and file the report.
On the compliance screen, select the appropriate RPT
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Click “Change”
Subject/As to = 1
Received Date = date reviewed (T)
Change “P” to “R”
Click “OK”
Guardianship Review / Investigations
Investigators shall be appointed within the first year of the order and every three years thereafter.
Investigations will be conducted by probation staff, interns, and volunteers.
Upon receipt of a report of investigator, the supervisor or Guardianship Investigation Program
Coordinator will signal approval of the report by his/her signature, indicate next steps, and deliver the
report to the Clerk for processing. These next steps may include: forwarding a proposed order to the
Judge continuing the guardianship with no modifications; sending a resource letter and/or a petition to
modify/terminate packet to the guardian of the ward; or scheduling a hearing with the Referee. The
Clerk shall draft an Order Following Review of Guardianship (PC637) incorporating the next steps as
directed by the supervisor.
On the compliance screen, select the appropriate RRM or RRG
Click “Change”
Subject/As to = 1
Received Date = date received
Change “P” to “R”
Click “OK”
Once reviewed, accepted, and signed by the Judge, the Order is logged onto eNact
ORG – ORDER AFTER REVIEW/GUARDIANSHIP TO CONTINUE
A copy of the Order Following Review and a copy of the investigation report is sent to the Guardian and
the Ward. File the report in the non-public file, file the Order in the public file, and shelve the file.
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Change of Venue
Ward moves out of State
There is no provision in Michigan Law that allows transferring a guardianship to another state. Upon
notification (typically occurs in the annual report) that a Ward is living permanently in another state:
Send a letter to the guardian notifying that we will keep the case open for three months to allow
the guardian time to obtain guardianship in the new state;
Set a PRE file review in 3+ months;
At the PRE, prepare an order stating “upon review of the file, the court finds that the ward is no
longer a resident of the state of Michigan. Sufficient time has passed to enable the guardian to
pursue guardianship in their state of residence” and closing the case. Submit order to Deputy
Register for signature.
Once signed, send a copy of the order to the guardian and close the electronic and paper files
(For instructions see:
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Closing procedures).
Occasionally the new state will accept certified records from the Michigan Court to shorten the
application process in their court. In that case, upon request of that court or the guardian:
Prepare a Certification of Records / Attestation of Exemplified Copies (MC202), completing
sections 1 and 2. At signature line, insert Chief Clerk’s name in second line, insert name of Clerk
preparing order/file in third line. Photocopy the entire file and present Certification of Records
to Chief Clerk for signature.
Present the Certification of Records / Attestation of Exemplified Copies (MC202) to the Judge for
signature.
Log onto eNact (EXR: Certification of Records).
Certify one copy of the Certification of Records and send it to the receiving court with the
photocopy the entire file and a copy of the Register of Actions. Place the original Certification of
Records and Order Closing the case file and follow the instructions to close the paper and
electronic case files (See:
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Closing procedures).
Prepare an order closing the case (as detailed in the above section) and present it to the Deputy
Probate Register for signature. Close the case file.
Ward moves out of the county
Upon notification (typically occurs in the annual report) that a Ward is living permanently in another
Michigan County:
Ensure fiduciaries have met all requirements (reports and investigations are up to date).
Prepare a Certification of Records / Attestation of Exemplified Copies (MC202), completing
sections 1 and 2. At signature line, insert Chief Clerk’s name in second line, insert name of Clerk
preparing order/file in third line. Photocopy the entire public and non-public file and present
Certification of Records to Chief Clerk for signature. [The Certification does not need to be
signed by the Judge if jurisdiction remains in Michigan].
Prepare a Petition and Order to Change Venue (PC608), completing sections 1-4. The reason for
change of venue (item #2) is “for the convenience of the parties and witnesses.”
Present the order to a Register/Deputy Register for signature. Once signed, update eNact:
o
Register of Actions:
POCV Order to Change Venue signed by Judge- ADD: “on __ and sent to ___on ___.”
EXR
Certification of Records
o
Compliance Screen:
Discharge the Representative:
Select Adjust
Primary
Party Type
Sequence No
Adjustment
Effective Date
1
REP
Number associated with current fiduciary (001, 002…)
DIS
Date of Order Changing Venue
Certify one copy of the Order to Change Venue, attach a copy of the certification of records,
register of actions, and the copy of the entire file and send to the new court, making a FREE
entry on enact “file sent to XX county on XX.”
Place the original Certification of Records and Order to Change Venue in the case file; on the
Docket Screen enter CLO (Case Closed); and follow the instructions to close the paper and
electronic case files (See:
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Closing procedures).
Ward moves to Washtenaw County from another Michigan County
Verify that the guardian is up to date on required Annual Reports and statutorily required investigation
reports (once in the first year of the guardianship, every three years thereafter). Compare the Register
of Actions with the documents and verify all documents are present. If significant documents are
missing (petitions, letters, orders, AOT, medical records, annual reports) or the guardian is currently
deficient, return the file to the sending court with a letter detailing what is missing.
When a case has begun in another county and is transferred to Washtenaw County, a new AOT is signed
in Washtenaw County but all reporting periods and report/account due dates are based on the original
Acceptance of Trust date in the prior county. When opening the case on eNACT, the original AOT date
(not the date the AOT is signed in Washtenaw County) will be entered in the party and compliance
screens. The Clerk will update the docket screen by entering an “AOT” entry and noting, beginning on
the second line of the docket text, the transfer, date of the AOT in the original county, and the reporting
period.
Upon receipt of a transfer case:
Search for current / prior Washtenaw County cases and open case file on enact. For instructions
see: Creating an Electronic File (opening in eNact).
Update Register of Actions:
IC
Search / No Prior Cases
OR
CC
Prior companion cases
FREE
Transferred from XX County; Original Letters issued on _____
Send a letter to the guardians informing them of the transfer and need to issue new letters of
authority. Include a blank Acceptance of Appointment (PC571) form and require them to return
the form =- signed - within 28 days.
Set a PRE (file review) to ensure receipt of documents.
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
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Directive:
“Has AOT been received?”
Click OK (you may have to click OK two or three times)
Upon receipt of the signed AOT
o Update ROA: AOT
Acceptance of Trust
o Prepare new Letters of Guardianship (pc633), submit to the Judge for signature. Once
signed, send one certified copy of the Letters to the guardian, update eNact
(LOG Letters of guardianship – add: “issued to ___; signed by Judge Connors
on ___; sent to ___ on ___”), activate the compliance screen (AOT date =
ORIGINAL Letters of guardianship) and shelve file.
Ward moves to Washtenaw County from another State
Effective on January 2, 2013 the Michigan Legislature created an expedited process for guardians and
conservators appointed and in good standing in other states to be immediately appointed in Michigan,
without requiring a court hearing.
Upon receipt of an Application and Order for Appointment of Out-Of-State Guardian of Legally
Incapacitated Individual (pc685), the Clerk shall review eNact records. If a guardian has already been
appointed in Washtenaw County the petitioner may petition for modification of that order and follow
the regular modification process. If there is a pending guardianship petition, the new petitioner may file
a competing petition in the open case file. If there is no open / pending case, the guardian shall file:
Application and Order for Appointment of Out-Of-State Guardian of Legally Incapacitated
Individual (pc685)
Two (2) Proposed Letters of Guardianship (pc633) – one for temporary appointment, the second
for full appointment.
Proposed Order Regarding Appointment of Guardian of Incapacitated Individual (pc631)
Signed Acceptance of Appointment (pc571)
Copy of Guardian’s Driver's License or State ID
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
An authenticated copy of the guardian’s Letters of appointment in the other state.
If the Letters were authenticated more than 30 days ago, place a phone call to the court of original
jurisdiction to verify the guardian is currently appointed and in good standing with that court (i.e. not
suspended, up to date with reporting requirements).
Follow the instructions see: Creating an Electronic File (opening in eNact) to open the electronic case
file, record the case number on all documents, and route the Application and Order for Appointment of
Out-Of-State Guardian of Legally Incapacitated Individual (pc685) and the temporary Letters of
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Guardianship (pc633) to the Judge for signature. Provide a certified copy of the Letters of Guardianship
and a copy of the signed Application and Order (pc685) to the guardian and schedule a PRE file review in
28 days to assure proof of service to all IPs has been filed and to prompt preparation and signature of
full Letters of Guardianship or hearing on objection is scheduled.
Within 14 days of temporary appointment, the guardian must send by first class mail (service) to all
interested persons:
A copy of the Application and signed Order,
Notice to all interested parties [see: Interested Parties (Initial petition, mod/term petition,
annual report)], and
File a proof of service (pc564) with the court.
Upon receipt of the proof of service – allowing 28 days from the date the temporary order was signed
for objections – the temporary guardianship shall become a full guardianship. Route the Letters of
Guardianship (pc633) and Order Regarding Appointment of Guardian of Incapacitated Individual
(pc631).
If an objection is filed, schedule a hearing in front of the Judge. The temporary guardianship continues
pending the outcome of the hearing (check the expiration date on the temporary Letters. New Letters
may need to be prepared and routed to the Judge for signature).
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Closing procedures
Guardianships may be closed by order of the court (following a petition to terminate) or when the ward
dies (upon presentation of death certificate and court order).
Death of Guardian / Death of Ward
Upon submission of a death certificate of the ward (or printout of death record from county clerk’s
website or obituary), an Order Closing Case and a Removal of Entry from LEIN (mc239) is prepared by
the Clerk and presented to a Deputy Register for signature. Once signed, the Orders are placed in the
file, eNact is updated, the Register of Actions printed and secured in the case file, and the case closed
(see instructions below).
Processing Closing Orders and LEIN Removal
Enter ORD (adding the specific language in the order) on the Docket screen. Send one copy of the order
to the guardian’s attorney (or guardian, if no attorney) and place the original in the case file.
Prepare an order of Removal of Entry from LEIN (MC239); present to Deputy Register for signature and
send a copy of the Removal order and the order terminating guardianship to the Michigan State Police.
Update the eNact Docket Screen (RFL: LEIN Removal Order Entered / Sent to State Police).
Date Letters/Order Signed
Date Order Closing
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Closing Electronic (eNact) and Paper Files
Update the Compliance screen:
Click ADJUST
Primary 001
Party Type
REP
Sequence #
Number on party screen assigned to this fiduciary
[to find sequence number, open party screen entry and look for the
number at the top of the screen – 001, 002, 003….]
Adjust
DIS (Discharged)
ACL (Administrative Closure – when ward dies or guardian has been
suspended and then case is closed for non-compliance)
Effective Date
Date of order / closure
Waive any outstanding Reports (RPT) and Reviews (RRG)
Select the item on the compliance screen and click CHANGE
Primary 001
Status Code
W
(Enter)
On Docket screen:
Click ADD
CLO
(closed)
&
ACL if applicable
(administratively closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
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MINOR GUARDIANSHIP (LG / GM)
By Parental Appointment in Will
In order to express their wishes, protect their children, and to quicken the appointment process upon
their death, parents may appoint a guardian for their unmarried minor children in their Will. Upon
presentation of the Will, the parents’ death certificates, a signed Acceptance of Appointment (pc571),
proposed Letters (pc633) and Order (pc653), and $150 filing and $14 certification, the court shall
immediately appoint the guardian. Venue is where the Will is probated, regardless of where the child
currently resides. [petition required??]
The minor, if age 14 or older, may object to the appointment before the acceptance or within 28 days of
the guardians’ acceptance.
Upon receipt of such a case – follow the instructions to open the electronic case file [
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Creating an Electronic File (opening in eNact)] . Once the file is opened and a paper file created (see:
Creating the Case File Jacket ), route the file to the Deputy Probate Register/Referee for review. Upon
her approval, the Letters and Order will be routed to the Judge for review and signature.
Once granted by the Judge and the file returned to the Clerk’s office:
Prepare a certified copy of the letters and a photocopy of the order and mail them to the guardian’s
attorney or the guardian (if no attorney).
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “letters issued to ___ as full Guardian;
signed by Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed;
signed by Judge Connors on ____; mailed to ___ on ___)
Activate the compliance screen:
Verify the correct Auto MA Group (GDA) has been entered
Add AOT and the date the Letters were signed under Qualification Information.
Open the Compliance Screen and verify at least two annual reports (RPT) and
two investigation reports (RRG) appear.
Master Screen:
Under Case Status:
Add the Disposition Code: GTD
Add Date:
Date Letters were signed
Set a PRE to occur in no less than 28 days to ensure receipt of Proof of Service (pc564) from the guardian
that interested parties have been served with a copy of the Order Regarding Appointment of Guardian
(pc653) and that any objections to the appointment have been scheduled for hearing with the Judge.
The interested parties in the acceptance of parental appointment of the guardian of a minor are the
minor, if 14 years of age or older; the person having the minor’s care; and each grandparent AND the
adult presumptive heirs of the minor.
To schedule the event:
On the Event Screen
Judge – FARP (Deputy Probate Register)
Event – PRE (Probate Register Review)
Date - Any Friday at 1pm
Directive Has proof of service of order been received, logged on, and any
objections addressed?
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Indian Child Welfare Act
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Interested Parties (Initial petition, mod/term petition, annual report)
Initial Petition and Petitions to Modify or Terminate (local policy – MCR does not list IPs for petitions to
modify or terminate):
1. The minor, if fourteen (14) years of age of older
2. The person who had principle care and custody of the minor during the 63 days preceding the date
of the petition
3. Each living parent of the minor, or, if neither parent living, the grandparents AND adult siblings or
aunts and uncles
4. The minor’s current legal guardian, if one was already appointed
5. The minor’s current conservator, if one was already appointed
6. The minor’s proposed guardians, if not petitioner
7. The attorney currently representing the party in the guardianship proceeding
8. The appropriate tribal council or the Secretary of Interior, if the minor is eligible for membership in
an American Indian tribe or band
9. Other (see MCR 5.125)
Annual Reports:
There is no requirement in the statute that Annual Reports must be served in minor guardianship cases
on any interested party, including the parent.
Request for Notice
MCL700.5104 allows an interested person to file a Request for Notice in a Guardianship or
Conservatorship / Protective Order case (pc624) before a case has been filed or at any point during the
pendency of a case. If a case is already open, the requester must provide a copy of the Request for
Notice to the court, along with a Proof of Service (pc564) that the Guardian’s attorney (or the guardian if
not represented) has been served with the Request for Notice. From that date forward, the Requester
must receive notice of filings, notice of hearings and copies of orders. Responsibility for service /
notification of the new IP remains the same as for any other IP – if a new petition is filed the petitioner is
responsible for notice; if the court initiates a proceeding (other than a compliance activity), the court
would provide service to the new IP.
Upon receipt of a Request for Notice, verify the person is already an interested person (see section
immediately above for a list of IPs in a guardianship case). If relationship / interest is not clear, show the
document to the Deputy Register / Referee to verify the person qualifies as an interested person.
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Update eNact:
Docket Screen:
FREE
Request for Notice filed by xxx on xxx
Party Screen:
Party Type:
Name:
Address:
Phone:
Notes:
INP
First, Middle Initial, Last
Street, City, State, Zip Code
xxx-xxx-xxxx
Request for Notice dated xx/xx/xxxx
(ENTER)
If no guardianship case is open at the time a Request for Notice is filed, the Requester must pay a $150
filing fee. Open a case on eNact with limited information (as no petition is pending). Upon receipt of a
petition for guardianship, enter the new filing in the existing case file; charge a new filing fee; and
provide –at no cost – a copy of the Request for Notice to the petitioner’s attorney (or petitioner if not
represented) , documenting the service with a FREEE entry on the Docket Screen on eNact. The
petitioner has now been notified of the IP and must serve him/her as any other interested person.
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Required Documents at Case Filing
Limited Guardianship of a Minor (parent is petitioner)
PC650 – Petition for Appointment of Limited Guardian of a Minor
PC562 – Notice of Hearing
PC670 – Social History for Minor Guardianships
PC652 - Limited Guardianship Placement Plan
PC564 – Proof of Service (may be submitted up to the time of the hearing)
PC653 – Order Regarding Appointment Limited Guardian of a Minor
PC571 – Acceptance of Appointment
PC633 – Letters of Guardianship
MC286 - Order to Allow Prisoner to Participate in Court Proceedings if applicable
Motion for Order to Allow an Incarcerated Party to Participate in a Telephonic Proceeding if applicable
Copy of Driver's License or State ID
MICWA Screening Form (local form)
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
Guardianship of a Minor
PC651 - Petition for Appointment of Guardian of a Minor
PC562 - Notice of Hearing
PC670 - Social History for Minor Guardianships
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC653 - Order Regarding Appointment of Guardian
PC571 - Acceptance of Appointment
PC633 - Letters of Guardianship
PC617 - Declaration of Intent to Give Notice by Publication if applicable
MC286 - Order to Allow Prisoner to Participate in Court Proceedings if applicable
Motion for Order to Allow an Incarcerated Party to Participate in a Telephonic Proceeding if applicable
Copy of Driver's License or State ID
MICWA Screening Form (local form)
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
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Creating an Electronic File (opening in eNact)
If the petition meets acceptance standards, the case information needs to be entered into eNact.
Conduct a name search in eNact to determine if there are any other open or closed cases for this ward;
make a note of any related case numbers.
Click on New Case; when the screen comes up, type PRP; hit enter. Next type information into the
following fields:
Case Type:
LG (if a parent is the petitioner)
OR
GM (petitioner is not a parent)
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s SS #:
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Representative or Guardian:
Attorney (if any):
Proposed Guardian’s Name:
Guardian’s Phone Number:
Qualification Information:
Auto MA Group:
GD-6 (if ward is less than 6 years old)
or
GDA (if ward is 6 years or older)
Case Information:
Classification Type:
MINR
Filing Dates:
Petition:
Status:
Status Date:
TODAY’S DATE
OPEN
TODAY’S DATE
Linked Case:
$XXXXX ($ sign followed by P-number in the GNC field)
First, Middle, Last (in separate fields)
XXX-XXX-XXXX
FULL CASE NUMBER (IF ANY)
(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
Amount:
Enter total amount due ($150 or $164)
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Amount Details:
CFFF:
150
CERT:
12
CPY:
2
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge or the petition is being filed by a governmental agency and therefore the fees are waived,
go to the Docket screen and make a FREE entry saying such (“Affidavit and Suspension of Fees granted
on xx/xx/xxx” or “No fees charged as petitioner is the Department of Human Services”).
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner).
Return to the Master screen; Click CHANGE (at the bottom of the page); re-enter the last four digits of
the ward’s social security number (000-00-XXXX). Click OK.
If the case is a hockey guardianship, please add the following text to the register of actions using a free
code:
Judge Connors does not require annual reports or reviews on this case due to the
comprehensive assessment made by the hockey association prior to appointment.
Adding Parties:
Go to the Party screen and you should see entries for the W\];ard, Proposed Guardian, Petitioner’s
Attorney (if any), and Ward’s privately retained Attorney (if any). First, add the Ward’s, Petitioner’s, and
Guardian’s Attorneys (if any) again. Click add and enter information in the following fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P-number)
Associated with:
REP (for Guardian)
OR
PRI (for Ward)
(ENTER)
Repeat for each Attorney
Add child’s parents; Click ADD and enter information in the following fields:
Party type:
MOT or FAT
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Address:
Phone:
Street, City, State, Zip code (if known)
XXX-XXX-XXXX
If there are any other parties who have requested notice of proceedings, enter Click ADD and enter their
contact information (Name, Address, and Phone Number) and any relevant notes at the bottom of the
screen (i.e. Veteran’s Administration)
If all Required Documents Have Been Submitted – Scheduling the Hearing:
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors) if contested
OR
FARP (Referee Owdziej) if not contested or unknown
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition to Appoint Guardian of Minor”
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties.
Go to the Docket screen, click ADD, and record the filing of all documents, such as
NOH (add “sent / handed to petitioner [or petitioner’s attorney]”)
FGM Petition to Appoint Guardian of Minor
AOT
Acceptance of Appointment (note “signed by XXX”)
FREE Noting any additional documents, such as death certificate of parent and social history
form
To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found
If any cases were found, delete the “None Found” of the entry and type “cases found.” Print a screen
shot of the Search Results screen and place it in the non-public file.
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If there are Missing Documents:
If the petition is not accompanied by any required document (signed Acceptance of Trust, proposed
Order, proposed Letters, copy of the guardian’s driver’s license of state ID) prepare missing document
letter listing the missing documents and giving a due date of 28 days. Send the letter to the petitioner
and schedule the following event:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Have missing documents [specify] been received?”
Click OK (you may have to click OK two or three times)
If the petitioner is the proposed ward and s/he is missing documents such as proposed Orders, Letters, or
Notice of Hearing, assist the petitioner by preparing the documents and serving notice of the petition.
Creating the Case File Jacket
Obtain a red file folder and select the numbered sticker that corresponds with the case number
obtained in eNact. Select a manila folder and place attach a “non-public file” sticker.
File Label – Labels should be printed or typed in the following manner and placed on the public
and non-public file folder tabs:
1st line: Last Name, First Name and Middle Initial; Full Case Number (PRP-XX-XX-GM)
2nd line: Date of Birth (DOB: XX/XX/XXXX)
Organize the Public File:
Two-hole punch the petition and all supporting documents
Place documents in public file (petition is the first document followed by the Acceptance
of Appointment, Notice of Hearing and all subsequent documents in order of
preparation / receipt (including any correspondence with petitioner regarding missing
documents).
Place labeled tab on petition, noting “Pet” or “Petition”
Clip proposed order and Letters inside the file, tabbing the Judge’s signature line
Organize the NON-Public File:
Place the proposed guardian’s driver’s license and ICHAT report first
Secure the Social History for Minor Guardianship
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Emergency (Temporary Guardianship) Hearings
Request / Review Process
Emergency hearing requests will be reviewed by the Register, Deputy Register/Referee or Deputy
Register to determine whether an imminent risk of harm exists – to the ward – if a guardianship hearing
is delayed. The Register/Deputy Register may request additional information (generally from medical
personnel); deny the request (and direct the case be scheduled in the normal manner); or schedule an
emergency hearing before the Deputy Register. The Clerk will record the request and response on the
eNact Docket Screen and inform the petitioner.
Additional Required Documents
Written reason for emergency request
Scheduling the Event
The Deputy Register/Referee will provide a date and time for the hearing. To schedule the emergency
hearing as a supplemental docket: go to the Event screen; Click ADD and enter information in the
following fields:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Supplemental Type:
JDGE
Code:
FARP (Referee Owdziej)
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Emergency Hearing on Petition to Appoint Guardian of Minor”
Click OK (you may have to click OK two or three times)
Print one (1) copy of the docket using calendar format C3 (internal use only) and provide to the Court
Reporter. Print one (1) copy of the docket using calendar format C4 (public version) and post it outside
the courtroom.
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Following the Hearing
Following the hearing, the Register/Referee will forward recommended orders to the Judge for
signature (initialing the orders/letters to document the recommendation). Once granted by the Judge
and the file returned to the Clerk’s office:
Prepare a certified copy of the letters and a photocopy of the order and hand them to the
petitioner’s attorney or the petitioner (if no attorney) and the person appointed guardian (mail
them to the person appointed guardian if not present).
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “issued to ___ as temporary GA; signed by Judge
Connors on ___; handed [or sent] to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed temporary
guardian; signed by Judge Connors on ____; handed [mailed] to ___ on ___)
Do not activate the compliance screen or the disposition code/date on the Master screen until
after the full hearing. (** if both parents are deceased, a full guardianship may be issued from
the first emergency hearing. If full guardianship is ordered, activate the compliance screen (for
instructions see: Compliance Screen).
Schedule the full hearing (for instructions see: Scheduling the Event - Full Hearing on Initial
Petition).
If full guardianship granted:
Follow these instructions:
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Following the Full Hearing.
If no action pending full hearing:
Schedule the full hearing (for instructions see: Scheduling the Event - Full Hearing on Initial
Petition).
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Scheduling the Event - Full Hearing on Initial Petition
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
HOG (Hearing on Guardianship)
Schedule for:
Event Date:
Event Time:
Directive:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
“Petition to Appoint Guardian of Minor”
Any special note, such as parent testifying by phone from prison
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
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Following the Full Hearing
Following the hearing, the Register/Referee will forward recommended orders to the Judge for
signature (initialing the orders/letters to document the recommendation). Once granted by the Judge
and the file returned to the Clerk’s office:
Processing the Orders
Prepare a certified copy of the letters and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if different)
Any person removed as Guardian
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “issued to ___ as full/temporary GA; signed by
Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
Compliance Screen
Verify the appointed person appears on the party screen as REP. Add their name, address, and phone
number if necessary (this most often occurs if someone other than the person proposed, is appointed).
Activate the compliance screen: verify the correct Auto MA Group (GDA) has been entered and add AOT
and the date the Letters were signed under Qualification Information.
Open Compliance Screen and verify at least two annual reports (RPT) and two investigation reports
(RRG) appear.
Disposition Code
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
TRATransferred
Date:
Date of Hearing
If the Judge grants the petition pending some action by the Guardian, the Clerk will schedule a File
Review control date (Friday at 1pm - using code PRE) to ensure compliance.
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Petition to Modify
Required Documents
PC 675 Petition to Terminate/Modify Guardianship
PC638aOrder Regarding Termination / Modification of Guardian for Minor or LII/Conservator
PC562 - Notice of Hearing
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC571 - Acceptance of Appointment (if proposing new guardian)
PC633 - Letters of Guardianship (if proposing new guardian)
Copy of Driver's License or State ID (if proposing new guardian)
Scheduling the Event
On the Event screen:
Schedule the hearing:
Judge:
Event Code:
Event Date:
Event Time:
Directive:
FARP (Referee)
HOG (hearing on guardianship)
in accordance with Judge or Referee’s docket
in accordance with Judge or Referee’s docket
Reason for hearing (i.e. Petition to modify minor guardianship)
On the Docket screen:
Add: PET (and update regarding type of petition)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
Following the Hearing
Following the hearing, the Register/Referee will forward recommended orders to the Judge for
signature (initialing the orders/letters to document the recommendation). Once granted by the Judge
and the file returned to the Clerk’s office:
Prepare a certified copy of the letters (if any) and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if different)
Any person removed as Guardian
Update eNact
Register of Actions:
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LOG
Letters in guardianship cases – add: “[___ discharged (if appropriate)]; letters
issued to ___ as full/temporary GA; signed by Judge Connors on ___; sent to ___
on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
Party Screen -- Add and/or discharge any fiduciaries (for full instructions on activating and
modifying the compliance screen, see: Fiduciary Compliance Management.
Compliance Screen:
Ensure new fiduciary (if any) has report (RPT) and review (RRG) dates
Discharge any discharged fiduciary and ensure all RPT and RRG dates have been
removed
If the Judge grants the petition pending some action by the Guardian, the Clerk will schedule a File
Review control date (Friday at 1pm - using code PRE) to ensure compliance.
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Petition to Terminate
Required Documents
PC 675 Petition to Terminate/Modify Guardianship
PC638aOrder Regarding Termination / Modification of Guardian for Minor or LII/Conservator
PC562 - Notice of Hearing
PC564 - Proof of Service (may be submitted up to the time of the hearing)
Scheduling the Event
On the Event screen:
Schedule the hearing:
Judge:
Event Code:
Event Date:
Event Time:
Directive:
FARP (Referee)
HOG (hearing on guardianship)
in accordance with Judge or Referee’s docket
in accordance with Judge or Referee’s docket
Reason for hearing (i.e. Petition to terminate minor guardianship)
On the Docket screen:
Add: PET (and update regarding type of petition)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
Following the Hearing
Prepare a certified copy of the order and mail it to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if any)
Any person removed as Guardian
Update eNact
Register of Actions:
ORD Order – add title of order; text of order; and distribution (i.e. XXX removed
[petition dismissed]; signed by Judge Connors on ____; mailed to ___ on ___) [if
granted]
If the petition to terminate was granted, follow instructions to close the electronic and paper case files
(see: Closing the Case File).
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Annual Report Procedure
Each year, 56 days past the anniversary of the acceptance of trust, the guardian must file an Annual
Report of Guardian on Condition of Ward (PC654). The Reporting Period is always 365 days, beginning
on the anniversary of the Acceptance of Trust (AOT), however the date the report is due to the Court is
the end of the reporting period plus 56 days (to allow the fiduciary time to gather and prepare
documents).
Upon receipt, the Clerk will review the report and:
If the report is complete with no concerns, initial and date the report in the bottom left corner
(to document review of the report) and log onto eNact
If the report is not complete (including not including any medical care), make a photocopy of the
report and return it to the guardian with instructions to complete and return the report.
Document action on eNact docket screen and set a PRE (file review) in 28-35 days to ensure
follow up by the guardian.
If there are two co-guardians, ensure both have signed the report. If so, log onto eNact
Compliance Screen for both. If not, send Notice of Deficiency to co-guardian who did not sign
the report and note requirement to file report within 28 days (set a PRE file review to ensure
follow up).
If the guardian has indicated that guardianship is no longer necessary, that the child has been
returned to their parent, or they are no longer willing to be the guardian, assess risk of harm to
ward and either send a petition to modify packet to the guardian or schedule a review hearing
with the Deputy Register/Referee. If the risk of harm appears imminent or great, notify the
Register or Deputy Register who may call to Child Protective Services or schedule an emergency
hearing.
Proof of Service is not required for a minor guardianship annual report.
Initial and date the bottom left corner of the report to indicate it has been reviewed, update eNact, and
file the report.
On the compliance screen, select the appropriate RPT
Click “Change”
Subject/As to = 1
Received Date = date reviewed (T)
Change “P” to “R”
Click “OK”
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Guardianship Review / Investigations
Investigators shall be appointed within the first year of the order, every year until a child turns six (6)
years old, and every three (3) years thereafter. Investigations will be conducted by probation staff,
interns, and volunteers.
Upon receipt of a report of investigator, the supervisor or Guardianship Investigation Program
Coordinator will signal approval of the report by his/her signature, indicate next steps, and deliver the
report to the Clerk for processing. These next steps may include: forwarding a proposed order to the
Judge continuing the guardianship with no modifications; sending a resource letter and/or a petition to
modify/terminate packet to the guardian of the ward; or scheduling a hearing with the Referee. The
Clerk shall draft an Order Following Review of Guardianship (PC637) incorporating the next steps as
directed by the supervisor.
On the compliance screen, select the appropriate RRM or RRG
Click “Change”
Subject/As to = 1
Received Date = date received
Change “P” to “R”
Click “OK”
Once reviewed, accepted, and signed by the Judge, the Order is logged onto eNact (ORG: Order
Following Review / Guardianship to Continue – add: “signed by Judge Connors on ___”). A copy of the
Order Following Review and a copy of the investigation report is sent to the Guardian. File the report in
the non-public file, file the Order in the public file, and shelve the file.
DHS (Department of Human Services) Investigations
The court may appoint the Michigan Department of Human Services (DHS) to conduct an investigation
and write a report in any minor guardianship (LG or GM) at case initiation, upon petition to modify or
terminate, or at any time during the pendency of the case when concerns have been raised. DHS will
assign protective services staff or foster care staff (if a foster care worker is already familiar with the
situation) to conduct the investigation.
DHS reports are generally due within 28 days of the order, unless the Judge specifies an earlier due date.
If a hearing has been scheduled to receive and review the report, note on the directive in the event
screen on eNact – “DHS Report due on XXX.” If no hearing is scheduled, set a PRR (Register file review)
to assure report is reviewed and appropriate action taken:
Setting a File Review:
On the eNact Event screen; click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
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Event:
Schedule for:
Event Date:
Event Time:
Directive:
PRR
(Register File Review)
MM/DD/YYYY (any Friday)
0900 (9am)
“To Review DHS Report”
Click OK (you may have to click OK two or three times)
The court may use one of three order forms:
PC 635 Order Appointing Investigator
PC 656 Order Following Hearing on Status of Minor Guardianship
Local Washtenaw County form – Order Requesting Report from DHS
Upon receipt of an order for a DHS report: Fax the order, petition and other relevant documents to DHS
at 734-481-8386, Attention D’Anne Franklin. Send an email to D’Anne Franklin
([email protected]); Danielle Dale ([email protected]); Tiffany Wagstaff
([email protected]); and Dwight Forde ([email protected]) stating “On ___ (insert date of
order) Judge Connors ordered a DHS investigation on a minor guardianship for ---- [insert name of child].
The report is due on [insert due date – the Friday before the hearing]. On ___ [insert today’s date] I
faxed a copy of the order and contact information to your office. Please respond to the email to verify
you have received the order.” Note on the bottom of the order the date that you faxed or emailed the
order.
Minor Returned to Parent
Upon notification that a guardian in a minor guardianship has returned the child (ward) to his/her
parent (typically discovered in an annual report or investigation report), schedule a review hearing with
the Deputy Register/Referee:
On the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
HOR (Hearing on Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Child has been returned to mother/father”
Click OK (you may have to click OK two or three times)
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Prepare a notice of hearing – noting the purpose of the hearing: “Hearing on Review – to review living
situation as child has been returned to parent.” Send notice of the hearing to the guardian, the parent
with whom the child now resides, the other parent if address known, and to the child if age 14 or older.
Note in eNact and on the notice of hearing the date and to whom the notices were sent.
On the enact Document Generation Screen:
Under PRINT:
From Type:
Form No:
Printer-ID:
No of Copies:
Select “Print”
FNOH
00 (zero, zero)
PCTH
2
Under Variable Information:
Line 1: Hearing on Review
Line 2: specifics
On page two, check “YES” for
requirement to attend hearing.
Prepare an Order Following Hearing on Status of Minor Guardianship (pc 656) and place in file.
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Change of Venue
Ward moves out of State
Ward moves out of the county
Ward moves to Washtenaw County from another Michigan County
*** Statutory reviews (investigations) must occur in minor guardianships once within the first
year and every year until the child turns six (6) years old. Do NOT return a guardianship case to
a court changing venue to Washtenaw County if an investigation has not been done every three
years as you would with a GA case as Washtenaw County’s local requirements exceed the
statutory requirements.
Ward move to Washtenaw County from another state
Effective on January 2, 2013 the Michigan Legislature created an expedited process for guardians and
conservators appointed and in good standing in other states to be immediately appointed in Michigan,
without requiring a court hearing.
Upon receipt of an Application and Order for Appointment of Out-Of-State Guardian of Minor (pc684),
the Clerk shall review eNact records. If a guardian has already been appointed in Washtenaw County
the petitioner may petition for modification of that order and follow the regular modification process. If
there is a pending guardianship petition, the new petitioner may file a competing petition in the open
case file. If there is no open / pending case, the guardian shall file:
Application and Order for Appointment of Out-Of-State Guardian of Minor (pc684)Social History
for Minor Guardianships (pc670)
Two (2) Proposed Letters of Guardianship (pc633) – one for temporary appointment, the second
for full appointment.
A proposed Order Regarding Appointment of Guardian (pc653)
Signed Acceptance of Appointment (pc571)
MICWA Screening Form (local form)
Copy of Guardian’s Driver's License or State ID
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
An authenticated copy of the guardian’s Letters of appointment in the other state.
If the Letters were authenticated more than 30 days ago, place a phone call to the court of original
jurisdiction to verify the guardian is currently appointed and in good standing with that court (i.e. not
suspended, up to date with reporting requirements).
C
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Open the electronic case file (see: Creating an Electronic File (opening in eNact) and Creating the Case
File Jacket), record the case number on all documents, and route the Application and Order for
Appointment of Out-Of-State Guardian of Minor (pc684) and temporary Letters of Authority to the
Judge for signature. Provide a certified copy of the Letters of Guardianship and a copy of the Application
and Order (pc684) to the guardian and schedule a PRE file review in 28 days to assure proof of service to
all IPs has been filed and to prompt preparation and signature of full Letters of Guardianship or hearing
on objection is scheduled.
Within 14 days of temporary appointment, the guardian must send by first class mail (service) to all
interested persons:
A copy of the Application and signed Order,
Notice to all interested parties (see: Interested Parties (Initial petition, mod/term petition,
annual report) and
File a proof of service (pc564) with the court.
Upon receipt of the proof of service – allowing 28 days from the date the temporary order was signed
for objections – the temporary guardianship shall become a full guardianship. Route the Letters of
Guardianship (pc633) and Order Regarding Appointment of Guardian of Incapacitated Individual
(pc631).
If an objection is filed, schedule a hearing in front of the Judge. The temporary guardianship continues
pending the outcome of the hearing (check the expiration date on the temporary Letters. New Letters
may need to be prepared and routed to the Judge for signature).
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Hockey Guardianships
Hockey guardianships: children coming to Washtenaw County from all over the country during the
school year / winter months to train and play hockey. These cases should be opened as Limited
Guardianships with the following differences than general cases:
Parents are the petitioners but shall not be required to attend the hearing IF they sign
waivers/consents (PC561).
No fiduciary training class (FIDO), annual reports, or investigations are required. This should be
noted on the Register of Actions, using a FREE entry: “hockey guardianship, the court does not
require FIDO, annual reports, or investigations.”
As no reports / investigations are required, the compliance screen is not activated.
An Affidavit from the hockey organization (generally USA Hockey) detailing the criminal
background check conducted on potential guardians may be substituted for an ICHAT.
Hockey guardianships often have an expiration date. If the expiration date on the letters
precedes the child’s 18th birthdate, set a PRE file review date the Friday (1pm) following the
expiration date noting in the event directive “letters expired on ___” to ensure cases are
administratively closed when the letters expire.
Closing the Case File
Guardianships may be closed by order of the court (following a petition to terminate), when the ward
turns eighteen (18) years old, or when the ward dies (upon presentation of death certificate and court
order).
Death of Ward
Upon notification and receipt of a death certificate prepare an Order to Close (pc609) noting that The
Court Finds: “Upon review of the file and county records, the court finds that the individual is deceased
and no longer appears to need a guardian.” “It is ordered the case is closed.” Submit to the Deputy
Register for signature and upon receipt, send a copy of the order to the guardian and follow the case
closing procedure listed below.
Ward Reaches Age 18
Upon the 18th birthday of a minor ward, the guardianship shall cease. Prepare an Order to Close
Guardianship (pc609) and submit to the Deputy Register for signature. Upon signature, send a copy of
the order to the guardian and follow case closing procedure listed below.
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Update the Compliance screen:
Click ADJUST
Primary 001
Party Type
REP
Sequence #
Number on party screen corresponding to this fiduciary
Adjust
DIS (Discharged)
ACL (Administrative Closure – when ward dies, turns 18, or guardian
has been suspended and then case is closed for non-compliance)
Effective Date Date of order / closure
Waive any outstanding Reports (RPT) and Reviews (RRG)
Select the item on the compliance screen and click CHANGE
Primary 001
Status Code
W
(Enter)
On Docket screen:
Click ADD
CLO
(closed)
&
ACL if applicable
(administratively closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
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GUARDIANSHIP OF A PERSON WITH A DEVELOPMENTAL
DISABILITY (DD)
Key processing differences between a guardianship under the Probate Code and the Mental Health
Code:
There are no fees in a DD guardianship;
All orders must be signed by the Judge (the Register/Deputy Registers may not stamp orders);
All hearings MUST be held before the Judge; and
The Deputy Register / Referee may hold deficiency conferences (CONF) [not OSC hearings] to
address missing / incomplete annual reports, inventories, and accounts.
Interested Parties
1) The individual with the alleged developmental disability (the respondent). MCL 330.1614(3)
2) The respondent’s presumptive heirs. MCL 330.1614(3)
3) The preparer of the report or person who performed an evaluation. MCL 330.1614(3)
4) The director of the facility where the respondent resides, if applicable. MCL 330.1614(3)
5) The respondent’s guardian ad litem, if applicable. MCL 330.1614(3)
6) The respondent’s legal counsel. MCL 330.1614(3)
7) The Administrator of Veterans’ Affairs (if the respondent is receiving VA benefits). MCR
5.125(A)(3)
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Required Documents at Case Filing
PC658 - Petition for Appointment of Guardian, Individual with Alleged Developmental Disability
PC562 - Notice of Hearing
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC660 - Order Appointing Guardian for Individual with a Developmental Disability
PC659 - Report to Accompany Petition for Appoint, Modify or Discharge Guardian of Individual with
Developmental Disability
PC665 - Order for Placement of Individual with Developmental Disability, if applicable
PC571 – Signed Acceptance of Appointment
PC662 - Letters of Guardianship of Individual with Developmental Disability
Copy of Driver's License or State ID of proposed Guardian(s)
Copy of Driver's License or State ID of proposed Stand-By Guardian, if applicable
There is no filing or certification fee in a DD guardianship case.
DD Guardianship cases must be scheduled within 2 days of receiving the petition – with the hearing to
occur within 30 days of the petition filing date. Therefore, if all documents are not submitted with the
petition a hearing date is set and a letter is sent to the petitioner detailing the missing documents and
setting a due date of Friday before the hearing to have them delivered to the Court.
Similarly, though the statute requires a 612 report be submitted with the petition, the statute also
dictates that the court will obtain a 612 report if the petitioner’s have not submitted it.
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The 612 Report
A Report to Accompany Petition to Appoint, Modify, or Discharge Guardian of Individual with
Developmental Disability – commonly known as a 612 Report – is required with every new / initial
petition or a petition to continue if the letters have already expired. Most often 612 Reports are
prepared by CSTS (Community Support and Treatment Service- Washtenaw County’s Community Mental
Health Organization [CMH]). However, petitioners may present a report completed by a private
psychologist or from a school psychologist. To fulfill the statutory requirements of the report:
The testing must have been performed no more than one year before the filing of the petition;
The person who prepared the report (or contributed to the preparation of the report) must
appear in court to testify to the contents of the report;
The content of the report must address all of the following:
o A description of the nature and type of the respondent's developmental disability.
o Current evaluations of the respondent's mental, physical, social, and educational
condition, adaptive behavior, and social skills. These evaluations shall take into account
the individual's abilities.
o An opinion as to whether guardianship is needed, the type and scope of the
guardianship needed, and a specific statement of the reasons for the guardianship.
o A recommendation as to the most appropriate rehabilitation plan and living
arrangement for the individual and the reasons for the recommendation.
o The signatures of all individuals who performed the evaluations upon which the report
is based. One of the individuals shall be a physician or psychologist who, by training or
experience, is competent in evaluating individuals with developmental disabilities.
o A listing of all psychotropic medications, plus all other medications the respondent is
receiving on a continuous basis, the dosage of the medications, and a description of the
impact upon the respondent's mental, physical and educational conditions, adaptive
behavior, and social skills.
SCAO form PC659 may be used, but is not required. The Report is a non-public document and shall be
placed in the respondent’s non-public file.
WORKING WITH CSTS re: 612 REPORTS
The law states that petitioners must submit a 612 Report with their petition but if they do not, the court
must obtain one. If given an opportunity, encourage petitioners to contact CSTS and obtain the 612
report before submitting their petition. If they are already clients of CSTS, they should contact the
respondent’s CSTS case manager. If they are not involved with CSTS, refer them to Tim Knapp at 734222-3479, our CSTS liaison, to make an appointment.
If a petition is submitted without the 612 Report, prepare a ‘request for evaluation and report’; fax it to
Tim; and email the l-612 list serve notifying them that the fax was just sent, for whom, and the date of
the hearing. Inform the petitioner of the need for testing and report and refer them to the respondent’s
CSTS case manager or Tim Knapp. Each Monday, send an email to [email protected] listing the
names, case numbers, and times of any hearings the following Wednesday which require testimony
from a psychologist at CSTS to support a 612 report they have submitted.
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Emergency (Temporary Guardianship) Hearings
Requests for emergency hearing must be accompanied by a report to accompany petition (612 report).
Emergency hearing requests will be reviewed by the Register, Referee or Deputy Register and either a
recommendation for hearing by the Judge will be forwarded for approval to the Judge or the request
denied. If the request is granted, the Clerk shall open the case file (see: Creating an Electronic (opening
case in eNact) and Scheduling the Event) and schedule the emergency hearing. The Clerk will record the
request and response in eNact and inform the petitioner. If an order is granted without hearing, the full
hearing on the petition will be scheduled to occur within 14 days.
Immediately following the emergency hearing, the Clerk shall provide a certified copy of the Letters of
Guardianship and a copy of the order appointing guardian to the newly appointed temporary guardian,
or their attorney if any, and prepare an order appointing an Attorney for the ward.
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Case Initiation
Creating an Electronic (opening case in eNact) and Scheduling the Event
If the petition meets acceptance standards, the case information needs to be entered into eNact. Some
or most documents may be missing in the initial filing, but as long as the petition is complete open the
case file and schedule the hearing. Conduct a name search in eNact to determine if there are any other
open or closed cases for this ward; make a note of any related case numbers.
Click on New Case; when the screen comes up, type MHP; hit enter. Next type information into the
following fields:
Case Type:
DD1
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s Address:
Street Address, City, State, Zip Code
Ward’s SS #:
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Ward’s Address Street, City, State, Zip code, Telephone
Petitioner:
Petitioner’s Name:
First, Middle, Last (in separate fields)
Petitioner’s Address: Street Address, City, State, Zip Code
Petitioner’s Phone:
xxx-xxx-xxxx
Petitioner’s Attorney (if any): $XXXXX ($-sign followed by P-number)
Case Information:
Petition Filed:
Status:
Status Date:
Linked Case:
TODAY’S DATE
OPEN
TODAY’S DATE
FULL CASE NUMBER (IF ANY)
(Press ENTER)
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner).
Adding Parties:
Go to the Party screen and you should see entries for the Ward, Petitioner, Petitioner’s Attorney (if any),
and Ward’s privately retained Attorney (if any). Add the Proposed Guardian’s Name, if different than
the petitioner and any other parties who have requested notice of proceedings. On the Party Screen,
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Click ADD, select party type (e.g. REP for proposed guardian) and enter the person’s contact information
(Name, Address, Phone Number, Attorney) and any relevant notes at the bottom of the screen (i.e.
proposed guardian).
Scheduling the Hearing:
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
DDP (Developmental Disability Hearing)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition to Appoint Guardian for Individual w/Alleged DD”
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition. On the Docket screen, click
ADD, make a FREE entry with today’s date “NOH of sent / handed to petitioner (or petitioner’s
attorney).”
If There are Missing Documents:
If the petition is not accompanied by any required document (signed Acceptance of Trust, proposed
Order, proposed Letters, copy of the guardian’s driver’s license of state ID) send a letter to the
petitioner informing them of the missing documents and the due date for submission (the Friday before
the hearing). A follow up phone call to the petitioner may be required.
Email the “request for 612 report” (found at: G:\PROBATE\MENTAL HEALTH ATTORNEY LIST\DD
PAPERWORK\Requests for 612 Reports\Blank Request for 612 Report.doc to CSTS (copy Tim Knapp and
any other psychologist assigned to the DD unit), if necessary.
Creating the Case File Jacket
Obtain a green file folder and select the numbered sticker that corresponds with the case number
obtained in eNact. Select a manila folder and place attach a “non-public file” sticker.
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File Label – Labels should be printed or typed in the following manner and placed on the public
and non-public file folder tabs:
1st line: Last Name, First Name and Middle Initial; Full Case Number (MHP-XX-XX-DD)
2nd line: Date of Birth (DOB: XX/XX/XXXX)
Organize the Public File:
Two-hole punch the petition and all supporting documents
Place documents in public file (petition is the first document followed by Notice of
Hearing, Order Appointing Attorney, Request for 612 Report, if applicable) and all
subsequent documents in order of preparation / receipt (including any correspondence
with petitioner regarding missing documents).
Place labeled tab on petition, noting “Pet” or “Petition”
Once submitted, clip proposed order and Letters inside the file, tabbing the Judge’s
signature line
Organize the NON-Public File:
Place the proposed guardian’s driver’s license and ICHAT report first
Secure the 612 Report in the non-public file, once submitted.
Appointing Attorney
There is a separate Attorney Appointment List for the Developmental Disability caseload (found at:
G:\PROBATE\MENTAL HEALTH ATTORNEY LIST\UPDATED Attorney List and Schedule 2013.xlsx – the
final column of the mental health appointment schedule). In rotation, one attorney from the
developmental disability portion of the mental health appointment list will be scheduled in advance of
the docket (goal: schedule two months in advance). Each attorney may have up to five cases per week.
In the event more than five cases require a court appointed attorney in a given week, a second attorney
must be obtained.
An attorney must be appointed within two days of filing of the petition. Prepare an Order Appointing
Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Fill in the case number and case name
#1 –
Mark Attorney
#2 –
Insert the Lawyer’s name, address, and phone number
Check Attorney – should match #1
For ________ insert name of the ward / proposed ward
In respect to ________ (insert Petition for Appointment of Guardian, Individual
w/alleged DD)
Insert the Judge’s name and P-number below the signature line and submit proposed order appointing
attorney to the Judge for signature.
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Once the order is signed, send a copy of the order to the attorney, along with a copy of the petition and
the 612 report, if available.
Update eNact:
Docket screen:
Click Add –
APT (update adding name of lawyer appointed and sent to XX on xx)
Update Event screen Directive with lawyer’s name and role (ATTY = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Ward's Presence at Hearings
The respondent must be present unless there is a showing, supported by affidavit of a physician or
psychologist, that such attendance would subject the individual to serious risk of physical or emotional
harm. MCL 330.1617(4).
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Following the Full Hearing
Processing Orders
Prepare a certified copy of the letters and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if different)
Any person removed as Guardian
Update eNact
Register of Actions:
LOG
Letters in guardianship cases – add: “issued to ___ as partial / plenary GA of person /
estate; signed by Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
If the Judge grants the petition pending some action by the Guardian, the Clerk will schedule a File
Review control date (Friday at 1pm - using code PRE) to ensure compliance.
Compliance Screen
Verify the appointed person appears on the party screen as REP. Add their name, address, and phone
number if necessary (this most often occurs if someone other than the person proposed, is appointed).
Activate the compliance screen: there are six Auto MA Group codes for DD guardianships:
PAB
PAE
PAP
PLB
PLE
PLP
DD
DD
DD
DD
DD
DD
PARTIAL GRDN OF THE PER & ESTATE
PARTIAL GUARDIAN OF THE ESTATE
PARTIAL GUARDIAN OF THE PERSON
PLENARY GRDN OF THE PER & EST
PLENARY GUARDIAN OF THE ESTATE
PLENARY GUARDIAN OF THE PERSON
INV
INV
RPT
INV
INV
RPT
ACC
ACC
RRG
RPT
ACC
RRG
RPT RRG LOADPA
LOADPA
LOADPA
ACC RRG
Verify the correct Auto MA Group has been entered and add AOT and the date the Letters were signed
under Qualification Information.
Open Compliance Screen and verify the correct actions are listed, as appropriate: INV (inventory); ACC
(account); RPT (report); RRG (investigative review); LOADPA (date letters expire). Note: plenary
guardianships do not have an expiration date.
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Disposition Code
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
TRATransferred
Date:
Date of Hearing
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Petition to Modify / Terminate / Continue (to extend letters)
A. Filed by Respondent
The ward may request a modification or termination of the guardianship by formal petition, by
informal letter, or verbally (in person or by telephone). The Clerk will immediately appoint an
attorney to represent the ward and assist in the preparation of a Petition to Terminate / Modify and
appropriate proposed orders and documents.
B. Filed by someone other than respondent:
1. Upon submission of a Petition to Terminate / Modify Guardianship (PC676) by an interested
person other than the ward, the Clerk will check to be sure that all required forms, proposed
orders, and documents are included and complete, including:
a. Petition to Terminate/Modify Guardian for Developmentally Disabled Individual
(PC677)
b. Notice of Hearing (PC562)
c. Order Regarding Appointment of Guardianship for Individual with Developmental
Disability (PC638b)
d. Any other relevant proposed orders, letters, signed AOTs
e. Photocopy of successor guardians’ driver’s license or State ID, if applicable
2. Schedule initial hearing in eNact to be heard by the Probate Judge on the next available date
– within 30 days. Record the time and date of the hearing on the notice of hearing (PC 562)
and provide a photocopy of the notice for the petitioner to serve.
3. If the petition to terminate / modify is filed by someone other that the ward, the Clerk shall
prepare an order appointing an attorney to represent the ward.
4.
Run ICHAT of any proposed successor guardians, if applicable, and place in the non-public
file.
5. If at the hearing granting the petition is ordered pending the submission of some item by
petitioner, the Clerk shall schedule a File Review control date (using code PRE) in 28 days to
assure compliance with the order. If compliance does not occur, a show cause will be
scheduled to be hearing by the Referee.
6. If the petition is granted, the Judge signs the orders / letters in the courtroom. The Clerk
shall process and mail the orders within three business days.
7. The Court Reporter will schedule any applicable FIDO training and adjourned dates in eNact.
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8. Prior to the expiration of the Letters, the respondent, the guardian, or an interested person
may request that the Letters be extended. This request may take the form of a Motion to
Extend Letters, a Petition to Terminate /Modify Guardian for Developmentally Disabled
Individual (PC677), or a new Petition for Appointment of Guardian, Individual with Alleged
Developmental Disability (PC658). If the intent of the petitioner is to extend the
Letters/maintain the case, regardless of the form submitted, the Clerk shall:
9. Schedule hearing in eNact to be heard by the Probate Judge in no more than 30 days (before
the letters expire).
10. Prepare an order appointing attorney for the ward (preferably the attorney who last
represented the ward), unless the ward is already represented by a privately retained
attorney.
11. Provide a photocopy of the petition, completed notice of hearing, and a blank proof of
service form (in person or through the mail) to the petitioner with instructions to serve all
interested parties who have not submitted waiver and consents (PC561).
12. Once the order appointing attorney is granted, send a photocopy of the order appointing,
the petition, and the notice of hearing to the attorney.
13. Shelve the file.
14. If the petitioner submits the petition without the required documents a letter will be sent to
the petitioner listing the missing documents and giving a due date of the Friday before the
hearing to submit the missing documents. If the documents are not submitted by the due
date, adjourn the hearing for no more than 30 days. Call the petitioner and appointed
attorney to inform them of the reason for the adjournment and the new date. Note the
reason for the adjournment on the Register of Actions in eNact and update the event screen
C. A 612 report is not required upon filing a Motion/Petition to Extend Letters. If at the hearing the
Judge determines the need for a 612 report, the hearing will be adjourned to enable time to obtain
the report. Immediately following the hearing, the Clerk shall notify Community Support and
Treatment Services of the need and due date for the report. Upon receipt of the report, the Clerk
shall send or fax a copy to the appointed attorney.
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Fiduciary and Responsibilities / Compliance
Annual Report Procedure
Each year, 56 days past the anniversary of the acceptance of trust, the guardian must file a Report of
Guardian on Condition of Individual with Developmental Disability (PC663). The Reporting Period is
always 365 days, beginning on the anniversary of the Acceptance of Trust (AOT), however the date the
report is due to the Court is the end of the reporting period plus 56 days (to allow the fiduciary time to
gather and prepare documents).
Upon receipt, the Clerk will review the report and:
If the report is complete with no concerns, initial and date the report in the bottom left corner
(to document review of the report) and log onto eNact
If the report is not complete (including not including any medical care), make a photocopy of the
report and return it to the guardian with instructions to complete and return the report.
Document action on eNact docket screen and set a PRE (file review) in 28-35 days to ensure
follow up by the guardian.
If there are two co-guardians, ensure both have signed the report. If so, log onto eNact
Compliance Screen for both. If not, send Notice of Deficiency to co-guardian who did not sign
the report and note requirement to file report within 28 days (set a PRE file review to ensure
follow up).
If there is a stand-by guardian, ensure the stand-by has signed the report. If so, log onto eNact
compliance screen for the guardian only – the stand-by does not have a compliance screen. If
not, send a Notice of Deficiency to the guardian with a copy of the report and with instructions
to have the stand-by sign, date and return the report to he court. Document action on eNact
docket screen and set a PRE (file review) in 28-35 days to ensure follow up by the guardian.
If the guardian has indicated that guardianship is no longer necessary or they are no longer
willing to be the guardian, assess risk of harm to ward and either send a petition to modify /
terminate packet to the guardian or discuss with the Deputy Register to determine whether a
hearing before the Judge should be scheduled. If the risk of harm appears imminent or great,
notify the Register or Deputy Register who may determine call to Adult Protective Services,
schedule an emergency hearing, or appoint an attorney or Guardian ad litem for the ward.
Proof of Service is not required for an annual report in a DD case.
Initial and date the bottom left corner of the report to indicate it has been reviewed, update eNact, and
file the report.
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On the compliance screen, select the appropriate RPT
Click “Change”
Subject/As to = 1
Received Date = date reviewed (T)
Change “P” to “R”
Click “OK”
Guardian of the Estate: Inventory and Annual Accounts Procedure
If the guardian has been appointed guardian of the estate in a DD case, Inventory and Annual Accounts
are required. With the exception of no filing fees and the three year hearings on account are held by
the Judge and not the Referee, the process is the same as in an adult conservatorship.
Inventory
Within 56 days of appointment, the Guardian will file an Inventory (PC674) and Proof of Service (PC562).
Upon receipt of the Inventory the Clerk reviews the Inventory to determine if it passes the brightline
test:
a. Does the amount listed on the Inventory agree with what is listed on the Petition for
Appointment?
b. If ordered, have funds been placed in a restricted account in Bank of Ann Arbor?
If the Inventory fails the brightline test, the Clerk forwards the file to the Deputy Register for review.
The Deputy Register may approve the Inventory or schedule the case for a conference with the Referee
to address the deficiency.
On the compliance screen, select the appropriate INV (Inventory) and
Click “change”
Subject/As to = 1
Received Date = date
Change the “P” to an “R”
Click “OK”
Annual Account Procedure & Bright lining
Within 56 days of each anniversary of the appointment, the Guardian must file an Annual Account
(PC583 or PC 584), documents in support of the account, and proof of service. There is no filling fee.
Annual Accounts will be reviewed by the Clerk. Once the Annual Account passes the brightline test, and
at least two weeks have passed since the date the annual account was served with no objections filed by
interested parties, the Clerk will prepare an Order Allowing Account (PC565b)) and present it to the
Probate Judge for signature.
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Bright line procedure:
Case Name:
Case Number:
Indicate
Yes or No
Checklist For Reviewing Accounts
Accounts are reviewed to determine compliance with rules governing fiduciary
relationships and for the ward’s protection. Any discrepancies in the categories below
should be briefly noted on the form and reviewed by the Deputy Register. If the account is
acceptable, then an order allowing account should be prepared and sent to the Judge for
signature (attach adding machine tapes, if used).
Account Number:
and Reporting Year:
Last Order Allowing Account (date signed and account allowed):
The accounting period is correct. If the conservator selects another accounting period, place a
document in the file confirming the change. Accounts for a period exceeding 12 months are not
accepted for filing. [MCR 5.409(C)(2)]
The beginning balance of the current account matches the ending balance of the last account or
inventory filed. [Line 2a]
The totals shown in Column 1 and Column 2 match the totals shown in the “Summary” section
[Line 2b and 2d] Form PC 583.
Totals shown in all categories are correct by checking the addition.
A statement verifying the balances of assets listed in Item 3 is attached. Physical property such
as cars and home do not require verification.
Any fiduciary fees or attorney fees incurred during the reporting period are stated in Items 7
and 8 respectively (Forms PC 583 and 584). When fees are charged, they must be supported by
a written description of the services performed to include:
a. Dates of Service (Attorney) or Period of Service (Fiduciary)
b. Description of Service
c. Amount of Time Spent on that Service
d. Amount Charged for that Service
e. Total Billed [MCR 5.310(C)(2)(c)]
All sections of the annual account form are complete.
The reviewer affixed their initials and the date completed on the account form.
A proof of service was filed with the account, showing service of the account on all interested
persons (all persons served on the initial petition) [MCR 5.409(c) and MCR 5.125(C)(27)]. If the
ward is a minor, he must be served if he has reached the age of 14.
Accounts must be allowed in a hearing once every three years, at a minimum. If there has been
no court hearing in the preceding two years, then set a hearing date. List the new date in the box
to the left or, if you are not setting a new date, the date of the last hearing on the accounts.
If required, proof of restricted account and/or current bond if required.
Expense categories and amounts are reasonable:
a. Were disbursements made for entertainment? Y/ N
b. Were disbursements made for vacations?
Y/
N
c. Were disbursements made for gifts?
Y/
N
d. Does there appear to be any questionable activity regarding estate funds?
Y/
N
If the answer to any of these questions is yes, set file review on Referee’s Thursday pm docket.
Notes:
Reviewer’s Initials:
Date Reviewed:
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3 Year Hearings in DD Guardianship Cases
Once every three years, a hearing to allow account must be held even if no one files a petition to allow
an account. Like on any petition to allow an account, the hearing shall be set after the bright line has
been completed and the bright line indicates the account is acceptable. If there are missing documents
or significant accounting errors, those should be corrected and resolved before setting the hearing. To
address deficiency in account, send a Notice of Deficiency (PC600) to the fiduciary and their attorney, if
any and set a PRE file review set in no less than 28 days to confirm receipt of missing documentation or
amended account. If there is no response to the Notice of Deficiency, set a conference (CONF) hearing
with the Deputy Register / Referee, noting the specific deficiency in the event title on the Notice of
Hearing.
Once account is acceptable, set the three year hearing on the Judge’s docket:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOA3 (Three Year Hearing on Account)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Hearing to Allow Xth Account”
Click OK (you may have to click OK two or three times)
Prepare Notice of Hearing: FNOH
Do not check the box saying “if this box is marked, you are required to attend the hearing” unless
instructed to do so by the Judge’s office. The purpose of the 3 year hearing is to allow any interested
person to come to court to object to the account if they want to, so, people are told about the hearing
but are not required to attend. Send notice to interested parties:
The respondent (the respondent is NOT required to attend this hearing)
The conservator
Any Claimants.
The presumptive heirs of the protected person (if there is a spouse, then notice to the spouse is
sufficient to cover presumptive heir, if there is not spouse then send notice to adult children. If
there is no spouse and no adult children send notice to parents, if any).
Reviewing the initial petition and the proof of service of the account can be helpful in determining the
interested parties, particularly the presumptive heirs. Consult the Deputy Register / Referee if questions
arise.
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Final Account - Proof of Transfer of Assets
If a Final Account is not submitted with notification of the respondent’s death, upon receiving such
notification the Clerk will prepare a notice to the conservator to file a final account and schedule a PRE
control date in 56 days to ensure documents and fees are submitted.
Upon receipt of a completed Final Account:
1. The Final Account will be brightlined.
2. If no Petition to Allow Account has been filed or objections to account, an Order to Allow Final
Account will be submitted to the Judge for approval.
3. If a Petition to Allow Final Account is submitted a hearing with the Judge will be scheduled.
4. If the Guardian requests to be discharged, the Guardian will be directed on the Order Allowing
Account (pcm585b), item 8b, to provide receipts of transfer of assets within 28 days. A PRE File
Review will be schedule to occur in 28 days to assure appropriate receipts are received. The
Guardian may use the Inventory in a Decedent’s Estate case; “Receipt of Property from
Conservator (PC621),” or any other appropriate documentation to demonstrate transfer of
assets. Upon documentation of transfer of assets, the Clerk will prepare an Order of Discharge
(pcm697) and submit it to the Judge for signature.
Guardianship Review / Investigations
Investigators shall be appointed within the first year of the order and every three years thereafter.
Investigations will be conducted by probation staff, interns, and volunteers.
Upon receipt of a report of investigator, the supervisor or Guardianship Investigation Program
Coordinator will signal approval of the report by his/her signature, indicate next steps, and deliver the
report to the Clerk for processing. These next steps may include: forwarding a proposed order to the
Judge continuing the guardianship with no modifications; sending a resource letter and/or a petition to
modify/terminate packet to the guardian of the ward; or scheduling a hearing with the Judge. The Clerk
shall draft an Order Following Review of Guardianship (PC637) incorporating the next steps as directed
by the supervisor.
On the compliance screen, select the appropriate RRM or RRG
Click “Change”
Subject/As to = 1
Received Date = date received
Change “P” to “R”
Click “OK”
Once reviewed, accepted, and signed by the Judge, the Order is logged onto eNact (ORG – Order
Following Review / Guardianship to Continue). A copy of the Order Following Review and a copy of the
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investigation report is sent to the Guardian. File the report in the non-public file, file the Order in the
public file, and shelve the file.
Fiduciary Deficiencies
If an acceptable inventory, account, or report is not received by the due date a Notice of Deficiency
(pc600) will be sent to the guardian noting the specific deficiency and giving 28 days to file the proper
report/ account. Schedule a PRE file review to assure action is taken if compliance isn’t forthcoming:
To schedule the PRE go to the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (any Friday at 1pm)
In military time (i.e. 1300 = 1pm)
Directive:
Failure to file 3rd account (appropriate language to indicate deficiency)
Click OK (you may have to click OK two or three times)
If the guardian has not filed the required documents by the PRE due date, a conference (CONF) will be
scheduled with the Deputy Register / Referee to address the deficiency.
To schedule the conference go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
CONF
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (Thursdays at 1:30 and 2:30 pm)
In military time (i.e. 1300 = 1pm)
Directive:
Failure to file 3rd account (appropriate language to indicate deficiency)
Select YES at Generate Notice at bottom right of Event Screen and hit ENTER
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On Document Generation Screen:
Generate petitioner’s notice of hearing: Form Type – FNOH
Form # - 00 [zero, zero]
Click PRINT. On next screen, select the check box next to “petitioner” and click OK.
On the next screen, under Variable Information, enter the type of hearing (e.g. Conference to Address
Failure to File 3rd Annual Account and Proof of Service); verify petitioner’s name and street address
populate on screen (if not, add them), and click OK to move to the second screen, verify the balance of
the petitioner’s mailing address appears. Insert “Y” for yes required to attend hearing. Click OK to print
Notice. Send the Notice to the Guardian. If there is a Bonding Agency, repeat the process for the Bond
issuer, leaving the requirement to attend blank.
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Guardian / Respondent Move
Frequently respondents are placed by CSTS in assisted living environments outside of Washtenaw
County. In this instance, regardless of where the guardian lives, the respondent is still receiving services
from Washtenaw County community mental health and therefore may be considered a Washtenaw
County resident for court purposes. If, however, the respondent lives independently, with a
parent/relative, or financed by a parent/relative and is now living in another county, a change of venue
should be considered. Upon notification, generally on an annual report or through a guardianship
investigation, the guardian will likely need to be consulted to determine whether it is appropriate to
change venue.
Death of Guardian / Respondent
1. TERMINATION of Guardianship Due to Death of Ward
A. Guardianship of the Person Only
Upon submission of a death certificate of the ward (or printout of death record from
county clerk’s website), an Order Closing Case is prepared by the Clerk. One signed by
the Judge, the Order is placed in the file, eNact is updated, and the case closed.
B. Guardianship of the Person and the Estate
Upon receipt of death certificate, if not accompanied by a Final Account, the Clerk will
send a notice to the guardian that a Final Account is due and schedule a File Review
control date (using code PRE) in 56 days to ensure compliance. For instructions see:
Final Account - Proof of Transfer of Assets.
2. Death of Guardian
If a stand-by guardian has been appointed, send a blank acceptance of trust to the stand-by.
Upon receipt of the signed AOT, prepare Letters and route to the Judge for signature. Upon
receipt of signed Letters, update the eNact party screen:
Discharge (DIS) the prior guardian
Change the stand-by entry from SGU to REP and add the date the Letters were
signed in the AOT
Update the compliance screen: discharge prior guardian and ensure Reports (RPT), Reviews
(RRG), Expiration (LOADPA) appear and are now connected to the new guardian. *** IF the
guardian is guardian on the person only, all RPTs, RRGs, and LOADPA should remain with the
same due dates. IF the guardian is of the estate (or person and estate), a new Inventory is due
in 56 days from Letter and annual accounts are due 56 days past he anniversary of the Letters.
Contact the new guardian to determine if they would like the annual report and account due
dates to coincide. Offer to register the new guardian for the FIDO class.
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Letters Expired
Once Letters have expired:
A.
Guardian of the Person only: The case will be closed using administrative closing codes in eNact
(ACL, CLO). The guardian will not be discharged.
B.
Guardian of the Estate: The guardian must file a final account. A notice of deficiency shall be
sent to the guardian giving 28 days to file the final account. The Clerk shall schedule a File
Review control date (using code PRE) in 28 days to assure submission. Upon receipt of the
account, it will be brightlined and sent to the Judge with an Order Allowing Account which
includes closing the case. If the final account is not submitted within the allotted time frame, a
conference will be scheduled to occur before the Deputy Register / Referee.
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Closing Electronic (eNact) and Paper File
Update the Compliance screen:
Click ADJUST
Primary 001
Party Type
REP
Sequence #
Number on party screen corresponding to this fiduciary
Adjust
DIS (Discharged)
ACL (Administrative Closure – when ward dies or guardian has been
suspended and then case is closed for non-compliance)
Effective Date
Date of order / closure
Waive any outstanding Reports (RPT), Reviews (RRG), and Accounts (ACC)
Select the item on the compliance screen and click CHANGE
Primary 001
Status Code
W
(Enter)
On Docket screen:
Click ADD
CLO
(closed)
&
ACL if applicable
(administratively closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
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CONSERVATORSHIPS
1. PROTECTIVE ORDERS (PO)
Interested Parties
1. The individual to be protected if fourteen (14) years of age or older.
2. The presumptive heirs of the individual
3. If known, a person named as attorney in fact under a durable power of attorney.
4. The nominated conservator
5. A governmental agency paying benefits to the individual to be protected or before which an
application for benefits is pending.
6. If the individual to be protected is receiving Veterans Affairs benefits, the Administrator of
Veterans’ Affairs.
7. Any guardian, conservator, or guardian ad litem of an interested person.
8. Any attorney who has filed an appearance.
9. Any special fiduciary.
10. Any person who has filed a request for notice under MCL700.5104.
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Request for Notice
MCL700.5104 allows an interested person to file a Request for Notice in a Guardianship or
Conservatorship / Protective Order case (pc624) before a case has been filed or at any point during the
pendency of a case. If a case is already open, the requester must provide a copy of the Request for
Notice to the court, along with a Proof of Service (pc564) that the Conservator’s attorney (or the
Conservator if not represented) has been served with the Request for Notice. From that date forward,
the Requester must receive notice of filings, notice of hearings and copies of orders. Responsibility for
service / notification of the new IP remains the same as for any other IP – if a new petition is filed the
petitioner is responsible for notice; if the court initiates a proceeding (other than a compliance activity),
such as a three-year Hearing on Account, the court would provide service to the new IP.
Upon receipt of a Request for Notice, verify the person is already an interested person (see section
immediately above for a list of IPs in a conservatorship case). If relationship / interest is not clear, show
the document to the Deputy Register / Referee to verify the person qualifies as an interested person.
Update eNact:
Docket Screen:
FREE
Request for Notice filed by xxx on xxx
Party Screen:
Party Type:
Name:
Address:
Phone:
Notes:
INP
First, Middle Initial, Last
Street, City, State, Zip Code
xxx-xxx-xxxx
Request for Notice dated xx/xx/xxxx
(ENTER)
If no conservatorship case is open at the time a Request for Notice is filed, the Requester must pay a
$150 filing fee. Open a case on eNact with limited information (as no petition is pending). Upon receipt
of a petition for conservatorship, enter the new filing in the existing case file; charge a new filing fee;
and provide –at no cost – a copy of the Request for Notice to the petitioner’s attorney (or petitioner if
not represented) , documenting the service with a FREEE entry on the Docket Screen on eNact. The
petitioner has now been notified of the IP and must serve him/her as any other interested person.
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Required Documents at Case Filing
PC639 - Petition for Appointment of Conservator and/or Protective Order
PC562 - Notice of Hearing
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC644 - Order Regarding Petition for Protective Order
PC668 – Notice on Petition for Conservator or Protective Order
$150 filing fee and a $14.00 certification fee (may be paid at the time Order is certified and issued) or
Affidavit for Waiver/Suspension of Fees (MC20)
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Creating an Electronic Case File (opening case on eNact)
If the petition meets acceptance standards, the case information needs to be entered into eNact.
Conduct a name search in eNact to determine if there are any other open or closed cases for this ward;
make a note of any related case numbers. Click on New Case; when the screen comes up, type PRP; hit
enter. Next type information into the following fields:
Case Type:
PO
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s SS #:
000-00-XXXX
(insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Representative or Guardian:
Attorney (if any):
Proposed Fiduciary’s’s Name:
Fiduciary’s Phone Number:
$XXXXX ($ sign followed by P-number in the GNC field)
First, Middle, Last (in separate fields)
XXX-XXX-XXXX
Qualification Information:
Because the Protective Order is a singular order with no further required action by the fiduciary a
compliance screen is not necessary therefore there is not an Auto MA Code to enter.
Case Information:
Classification Type:
ADLT
Filing Dates:
Petition:
Status:
Status Date:
TODAY’S DATE
OPEN
TODAY’S DATE
Linked Case:
FULL CASE NUMBER (IF ANY)
(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
Amount:
Enter total amount due ($150 or $164)
Amount Details:
CFFF:
150
CERT:
12
CPY:
2
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Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge or the petition is being filed by a governmental agency and therefore the fees are waived,
go to the Docket screen and make a FREE entry saying such (“Affidavit and Suspension of Fees granted
on xx/xx/xxx” or “No fees charged as petitioner is the Department of Human Services”).
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner).
Return to the Master screen; Click CHANGE (at the bottom of the page); re-enter the last four digits of
the ward’s social security number (000-00-XXXX). Click OK.
Adding Parties:
Go to the Party screen and you should see entries for the Ward, Proposed Fiduciary (as petitioner),
Petitioner’s Attorney (if any), and Ward’s privately retained Attorney (if any). First, add the Ward’s,
Petitioner’s, and Fiduciary’s Attorneys (if any) again. Click add and enter information in the following
fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P-number)
Associated with:
REP (for Fiduciary)
OR
PRI (for Ward)
(ENTER)
Repeat for each Attorney
If there are any other parties who have requested notice of proceedings, enter Click ADD and enter their
contact information (Name, Address, and Phone Number) and any relevant notes at the bottom of the
screen (ie. Veteran’s Administration).
If all Required Documents Have Been Submitted – Scheduling the Hearing:
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
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Event Details:
Event:
HOP (Hearing on Petition)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition for Protective Order”
Notation:
“GAL = “
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties.
Go to the Docket screen, click ADD, and record the filing of all documents, such as
NOH
Notice of Hearing (add “sent/handed to petitioner [or petitioner’s attorney]”)
CSR
Petition for Appointment of Conservator and/or Protective Order
FREE
Notice on Petition for Conservator or Protective Order
FREE
Noting any additional documents
To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found
If any cases were found, delete the “None Found” of the entry and type “cases found.” Print a screen
shot of the Search Results screen and place it in the non-public file.
If There are Missing Documents:
If the petition is not accompanied by any required document (signed Acceptance of Trust, proposed
Order, proposed Letters, copy of the guardian’s driver’s license or state ID – see list on second page of
this section) prepare missing document letter listing the missing documents and giving a due date of 28
days. Send the letter to the petitioner and schedule the following event:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
MM/DD/YYYY (1pm Friday not less than 28 days away)
Event Time:
1300 (1pm)
Directive:
“Have missing documents been received? (specify which documents)”
Click OK (you may have to click OK two or three times)
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Emergency Hearings
Request Review Process
Emergency hearing requests will be reviewed by the Register, Deputy Register/Referee or Deputy
Register to determine whether an imminent risk of harm exists – to the ward – if a protective order
hearing is delayed. The Register/Deputy Register may request additional information (generally from
medical personnel); deny the request (and direct the case be scheduled in the normal manner); or
forward a summary of the information to the Judge for approval or denial of the emergency request to
the Judge. The Clerk will record the request and response on the eNact Docket Screen and inform the
petitioner.
Additional Required Documents
Written reason for emergency request
Documentation / support from medical professional may be required
Scheduling the Event
The Judge’s office will provide a date and time for the hearing. To schedule the emergency hearing as a
supplemental docket: go to the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Supplemental Type:
JDGE
Code:
FAJA (Judge Connors)
Event Details:
Event:
HOP (Hearing on Petition)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Emergency Hearing on Petition for Protective Order”
Click OK (you may have to click OK two or three times)
Print two (2) copies of the docket using calendar format C3 (internal use only) and distribute one the
Court Reporter and one to the Judge’s office with the file. Print one (1) copy of the docket using
calendar format C4 (public version) and post it outside the courtroom.
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Following Hearing
If the Protective Order is granted:
Prepare a certified copy of the order and hand it to the petitioner’s attorney or the petitioner (if
no attorney).
Update eNact
Register of Actions:
ORD Order – add title of order; text of order; and distribution (i.e. protective order granting
XX authority to XX; signed by Judge Connors on ____; handed to ___ on ___)
Review order – close case if appropriate (for instructions see: Closing the Case File) or change
case type to CA for conservatorship and activate compliance screen.
Update Master screen, case status:
Disposition Code:
GTD
Granted
DISM Dismissed
DEN
Denied
Date:
Date of Hearing
If a full hearing is scheduled in the courtroom:
Do not activate the compliance screen or the disposition code/date on the Master screen until
after the full hearing.
Schedule the full hearing (for instructions see: Scheduling the Event - Full Hearing on Petition )
Appoint a GAL (for instructions see: Appointing GAL / Attorney )
If no action occurs pending full hearing:
Schedule the full hearing (for instructions see: Scheduling the Event - Full Hearing on Petition)
Appoint a GAL (for instructions see: Appointing GAL / Attorney)
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Scheduling the Event - Full Hearing on Petition
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOP (Hearing on Petition)
Schedule for:
Event Date:
Event Time:
Directive:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
“Petition for Protective Order”
“GAL = ”
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
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Appointing GAL / Attorney
Using the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Fill in the case number and case name
#1 –
Mark “Guardian ad Litem”
#2 –
Insert the Lawyer’s name, address, and phone number
Check Guardian ad Litem – should match #1
For ________ insert name (the person to be protected)
In respect to _______ (Petition for Appointment of Conservator and/or Protective Order
Check box #3
Check box #4 and due date (Friday at noon before hearing, unless holiday, then last day open
before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and submit proposed order
appointing attorney to Deputy Register for signature.
For instructions on attorney/GAL selection and record keeping see: Appointing Attorneys / GALs
Once the order is signed, update eNact:
Docket screen:
Click Add –
GAL
Guardian ad litem appointed, add: Name of attorney
Update Event screen Directive with lawyer’s name and role (GAL = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Once GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
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Following the Full Hearing
Occasionally during the course of the hearing a protective order (PO) turns into a conservatorship (CA).
If this occurs, change the case type suffix on eNact and on the file and follow the Following the Full
Hearing instructions for a Conservatorship.
When a Protective Order is granted:
Prepare a certified copy of the order and mail it to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Fiduciary (if different)
Update eNact
Register of Actions:
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
If the Judge grants the petition pending some action by the Fiduciary, the Clerk will schedule a File
Review control date (Friday at 1pm - using code PRE) in 28-35 days to ensure compliance.
Compliance Screen
Most often there is no follow-up action in a protective order and the case is immediately closed. In rare
instances the Judge will order an inventory and accounts in a protective order or issue a Letters of
Conservatorship (effectively changing the case from a PO to a CA). If so, verify the fiduciary appears on
the party screen as REP. Add their name, address, and phone number if necessary (this most often
occurs if someone other than the person proposed, is appointed). Activate the compliance screen by
adding CV as the Auto MA Group; AOT and the date the order were signed under Qualification
Information. Change the case-type suffix in Enact and on the paper file from PO to CA, if appropriate.
Open Compliance Screen and verify an inventory (INV) and at least two annual accounts (ACC) appear.
Disposition Code
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
Date:
Date of Hearing
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Petitions to Modify or Terminate
As most Protective Orders are single orders and the case is closed following resolution of the single
issue, petitions to modify or terminate are rare. When presented with a petition to modify or terminate,
handle it much like an initial petition: appoint a GAL and schedule a hearing before the Judge.
Closing the Case File
On Docket screen:
Click ADD
CLO
(closed)
&
ACL if applicable
(administratively closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
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2. ADULT CONSERVATORSHIP (CA)
Interested Parties
1. The individual to be protected if fourteen (14) years of age or older.
2. The presumptive heirs of the individual
3. If known, a person named as attorney in fact under a durable power of attorney.
4. The nominated conservator
5. A governmental agency paying benefits to the individual to be protected or before which an
application for benefits is pending.
6. If the individual to be protected is receiving Veterans Affairs benefits, the Administrator of
Veterans’ Affairs.
7. Any guardian, conservator, or guardian ad litem of an interested person.
8. Any attorney who has filed an appearance.
9. Any special fiduciary.
10. Any person who has filed a request for notice under MCL700.5104.
MCR 5.125(C)(24) / MCR 5.125(A)
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Request for Notice
MCL700.5104 allows an interested person to file a Request for Notice in a Guardianship or
Conservatorship / Protective Order case (pc624) before a case has been filed or at any point during the
pendency of a case. If a case is already open, the requester must provide a copy of the Request for
Notice to the court, along with a Proof of Service (pc564) that the Conservator’s attorney (or the
Conservator if not represented) has been served with the Request for Notice. From that date forward,
the Requester must receive notice of filings, notice of hearings and copies of orders. Responsibility for
service / notification of the new IP remains the same as for any other IP – if a new petition is filed the
petitioner is responsible for notice; if the court initiates a proceeding (other than a compliance activity),
such as a three-year Hearing on Account, the court would provide service to the new IP.
Upon receipt of a Request for Notice, verify the person is already an interested person (see section
immediately above for a list of IPs in a conservatorship case). If relationship / interest is not clear, show
the document to the Deputy Register / Referee to verify the person qualifies as an interested person.
Update eNact:
Docket Screen:
FREE
Request for Notice filed by xxx on xxx
Party Screen:
Party Type:
Name:
Address:
Phone:
Notes:
INP
First, Middle Initial, Last
Street, City, State, Zip Code
xxx-xxx-xxxx
Request for Notice dated xx/xx/xxxx
(ENTER)
If no conservatorship case is open at the time a Request for Notice is filed, the Requester must pay a
$150 filing fee. Open a case on eNact with limited information (as no petition is pending). Upon receipt
of a petition for conservatorship, enter the new filing in the existing case file; charge a new filing fee;
and provide –at no cost – a copy of the Request for Notice to the petitioner’s attorney (or petitioner if
not represented) , documenting the service with a FREEE entry on the Docket Screen on eNact. The
petitioner has now been notified of the IP and must serve him/her as any other interested person.
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Required Documents at Case Filing
PC639 - Petition for Appointment of Conservator and/or Protective Order
PC562 - Notice of Hearing
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC640 - Order Regarding Appointment of Conservator
PC668 – Notice on Petition for Conservator or Protective Order
PC571 - Acceptance of Appointment
PC645 - Letters of Conservatorship
Copy of Driver’s License or State ID
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
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Creating the Electronic File (opening case on eNact)
If the petition meets acceptance standards, the case information needs to be entered into eNact.
Conduct a name search in eNact to determine if there are any other open or closed cases for this ward;
make a note of any related case numbers. Click on New Case; when the screen comes up, type PRP; hit
enter. Next type information into the following fields:
Case Type:
CA
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s SS #:
000-00-XXXX
(insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Representative or Guardian:
Attorney (if any):
$XXXXX ($ sign followed by P-number in the GNC field)
Proposed Guardian’s Name:
First, Middle, Last (in separate fields)
Guardian’s Phone Number:
XXX-XXX-XXXX
Qualification Information:
Auto MA Group:
CV
Case Information:
Classification Type:
ADLT
Filing Dates:
Petition:
Status:
Status Date:
TODAY’S DATE
OPEN
TODAY’S DATE
Linked Case:
FULL CASE NUMBER (IF ANY)
(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
Amount:
Enter total amount due ($150 or $164)
Amount Details:
CFFF:
150
CERT:
12
CPY:
2
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Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge or the petition is being filed by a governmental agency and therefore the fees are waived,
go to the Docket screen and make a FREE entry saying such (“Affidavit and Suspension of Fees granted
on xx/xx/xxx” or “No fees charged as petitioner is the Department of Human Services”).
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner).
Return to the Master screen; Click CHANGE (at the bottom of the page); re-enter the last four digits of
the ward’s social security number (000-00-XXXX). Click OK.
Adding Parties:
Go to the Party screen and you should see entries for the Ward, Proposed Guardian, Petitioner’s
Attorney (if any), and Ward’s privately retained Attorney (if any). First, add the Ward’s, Petitioner’s, and
Guardian’s Attorneys (if any) again. Click add and enter information in the following fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P-number)
Associated with:
REP (for Guardian)
OR
PRI (for Ward)
(ENTER)
Repeat for each Attorney
If there are any other parties who have requested notice of proceedings, enter Click ADD and enter their
contact information (Name, Address, Phone Number) and any relevant notes at the bottom of the
screen (ie. Veteran’s Administration)
Go to the Docket screen, click ADD, and record the filing of all documents, such as
NOH
Notice of Hearing (add “sent/handed to petitioner [or petitioner’s attorney]”)
CSR
Petition to Appoint Conservator
AOT
Acceptance of Appointment (add “signed by XXX”)
FREE
Noting any additional documents
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To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found OR
CC
Companion Cases – Add: case numbers
Print a screen shot of the Search Results screen; place it in the non-public file.
If There are Missing Documents:
If the petition is not accompanied by any required document (signed Acceptance of Trust, proposed
Order, proposed Letters, copy of the guardian’s driver’s license or state ID) prepare missing document
letter listing the missing documents and giving a due date of 28 days. Send the letter to the petitioner
and schedule the following event:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Have missing documents been received? (specify which documents)”
Click OK (you may have to click OK two or three times)
If the petitioner is the proposed ward and s/he is missing documents such as proposed Orders, Letters, or
Notice of Hearing, assist the petitioner by preparing the documents and serving notice of the petition.
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Creating the Case File Jacket
Obtain an orange file folder and select the numbered sticker that corresponds with the case number
obtained in eNact. Select a manila folder and place attach a “non-public file” sticker.
File Label – Labels should be printed or typed in the following manner and placed on the public
and non-public file folder tabs:
1st line: Last Name, First Name and Middle Initial; Full Case Number (PRP-XX-XX-CA)
2nd line: Date of Birth (DOB: XX/XX/XXXX)
Organize the Public File:
Two-hole punch the petition and all supporting documents
Place documents in public file (petition is the first document followed by the Acceptance
of Appointment, Notice of Hearing, Order Appointing Guardian ad Litem, and all
subsequent documents in order of preparation / receipt (including any correspondence
with petitioner regarding missing documents).
Place labeled tab on petition, noting “Pet” or “Petition”
Clip proposed order and Letters inside the file, tabbing the Judge’s signature line.
Organize the NON-Public File:
Place the proposed guardian’s driver’s license and ICHAT report first.
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Emergency (Temporary Conservatorship) Hearings
Request / Review Process
Emergency hearing requests will be reviewed by the Register, Deputy Register/Referee or Deputy
Register to determine whether an imminent risk of harm exists – to the ward – if a conservatorship
hearing is delayed. The Register/Deputy Register may request additional information; deny the request
(and direct the case be scheduled in the normal manner); or forward a summary of the information to
the Judge for approval or denial of the emergency request. The Clerk will record the request and
response on the eNact Docket Screen and inform the petitioner.
Additional Required Documents
PC640 - Order Regarding Temporary Appointment of Conservator
PC645 – Temporary Letters of Conservatorship
Written reason for emergency request
Documentation / support from medical professional may be required
Scheduling the Event
The Judge’s office will provide a date and time for the hearing. To schedule the emergency hearing as a
supplemental docket: go to the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Supplemental Type:
JDGE
Code:
FAJA (Judge Connors)
Event Details:
Event:
HOC (Hearing on Conservatorship)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Emergency Hearing on Petition for Conservatorship”
Click OK (you may have to click OK two or three times)
Print one (1) copy of the docket using calendar format C3 (internal use only) for the Judge's office; one
(1) copy of the docket using calendar code for the Court Reporter and one (1) copy of the docket using
calendar format C4 (public version) and post it outside the courtroom.
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Following the Hearing
If temporary conservatorship granted:
Prepare a certified copy of the letters and a photocopy of the order and hand them to the
petitioner’s attorney or the petitioner (if no attorney) and the person appointed conservator
(mail them to the person appointed conservator if not present).
Update eNact
Register of Actions:
LET
Letters in conservatorship – add: “issued to ___ as temporary CV; signed by Judge
Connors on ___; handed [mailed] to ___ on ___”
ORD
Order – add title of order; text of order; and distribution (i.e. XXX appointed temporary
conservator; signed by Judge Connors on ____; handed [mailed] to ___ on ___)
Do not activate the compliance screen or the disposition code/date on the Master screen until
after the full hearing.
Schedule the full hearing (for instructions see: Scheduling the Event - Full Hearing on Initial
Petition)
Appoint a GAL (for instructions see: Appointing GAL / Attorney )
If full conservatorship is granted:
Follow these instructions – Following the Full Hearing
If no action pending full hearing:
Schedule the full hearing (for instructions see: Scheduling the Event - Full Hearing on Initial
Petition )
Appoint a GAL (for instructions see: Appointing GAL / Attorney)
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Scheduling the Event - Full Hearing on Initial Petition
To schedule the full hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOC (Hearing on Conservatorship)
Schedule for:
Event Date:
Event Time:
Directive:
MM/DD/YYYY
In military time (i.e. 0900 = 9 am)
“Petition to Appoint Conservator”
“GAL = ”
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties with a copy of the petition.
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Appointing GAL
In petitions to appoint conservators and petitions to terminate conservatorships, a Guardian ad Litem
(GAL) is appointed unless the ward is already represented by an attorney or is mentally competent but
physically inform (item 5.b. is checked on the Petition for Appointment of Conservator [PC6396]).
Using the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Fill in the case number and case name
#1 –
Mark either Guardian ad Litem
#2 –
Insert the Lawyer’s name, address, and phone number
Check Guardian ad Litem – should match #1
For ________ insert name (most likely the ward / proposed ward)
In respect to ________ (insert Petition for Appointment of Conservator)
IF Appointing a GAL:
Check box #3
Check box #4 and due date (Friday at noon before hearing,
unless holiday, then last day open before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and submit proposed order appointing
attorney to Deputy Register for signature.
For instruction on attorney/GAL selection and record keeping see: Appointing Attorneys / GALs.
Once the order is signed, update eNact:
Docket screen:
Click Add –
If GAL appointed – GAL (update adding name of lawyer appointed)
If Attorney appointed – APT (update adding name of lawyer appointed)
Update Event screen Directive with lawyer’s name and role (ATTY = XX or GAL = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Once GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
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Petition Withdrawn / Ward Dies Before Hearing (Letters not yet Issued)
Upon written request to withdraw petition from petitioner or demonstration that proposed ward has
died before the hearing:
Update eNact ROA, as appropriate:
FREE
Request to Withdraw Petition filed by XXX
DEC
Death Certificate, add: of ___; DOD: ___
ACL
Administrative Closure
CLO
Case Closed
Update Master Screen, Disposition: CLO (closed) and Date.
Print and place a copy of the Register of Actions in the file, stamp the file “closed,“ and shelve.
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Following the Full Hearing
Processing Orders
Prepare a certified copy of the letters and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Guardian (if different)
Any person removed as Guardian
Update eNact
Register of Actions:
LET
Letters in conservatorship cases – add: “issued to ___ as full/temporary CV; signed by
Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
If the Judge grants the petition pending some action by the Conservator (most often obtaining a bond,
the Clerk will schedule a File Review control date (Friday at 1pm - using code PRE) to ensure compliance.
Compliance Screen
Verify the appointed person appears on the party screen as REP. Add their name, address, and phone
number if necessary (this most often occurs if someone other than the person proposed, is appointed).
Activate the compliance screen: verify the correct Auto MA Group (CV) has been entered and add AOT
and the date the Letters were signed under Qualification Information.
Open Compliance Screen and verify an inventory (INV) and at least two annual accounts (ACC) appear.
*** eNact oddity: sometimes the first annual account appears as due in 56 days. Ensure the annual
account due dates are one year + 56 days and two years + 56 days away (select account, click CHANGE,
change due date year).
Disposition Code
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
TRATransferred
Date:
Date of Hearing
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Bonds
Within 28 days of an order requiring a bond, the Conservator will submit proof of bond to the Clerk’s
office.
1. Upon receipt of bond by an insurance company, the Clerk will present the bond to the Judge for
review and signature. Once signed, the Clerk will issue the Letters to the Conservator (if there is not
signature line, draw a line in an empty space on the bond, stamp the Judge’s name under the line
and add a date line).
Update the Register of Actions: BND; update the entry to include the name of the company posting
the bond and the amount of the bond.
2. Occasionally when a small bond (under $5000) is ordered or a fiduciary is having difficulty obtaining
a bond from an insurance company, they will pay a cash bond with the court – in essence the court
will hold the money until the fiduciary is discharged as protection to the ward from mismanagement of funds. Upon receipt of cash bond money –
Receipt the bond as a payable and utilize the code PBOND to set the payable.
Upon case closure, if the Court is holding the bond, provide a copy of the financial screen, and
closure order to the supervisor and they will have the bond returned to the party that paid the
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bond. The payor needs to be set up in the accounts payable system, and then a check is generated
by the County’s Accounts Payable Department. This process can take up to two weeks.
3. Occasionally someone agrees to assume responsibility and pay the debt if the conservator defaults
and the Bench orders the bond taken to reimburse the estate. In that instance fiduciary Bond
(pc570) will b e filed, signed by the fiduciary, their attorney (if any), the person assuring the bond,
and the signatures notarized. Upon receipt, route the Fiduciary Bond to the Judge for review and
signature.
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The Bonding Agency becomes an interested party regarding notices of deficiency/show cause hearings.
Add the Bonding Agency on the Party Screen:
Click ADD and enter information in the following fields:
Party Type:
BOND
Name:
Insurance Company or Attorney
Address:
Street, City, State, Zip Code
Phone:
XX-XXX-XXXX
Associated with:
REP (for Guardian)
(ENTER)
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Subsequent Petitions
Petition to Modify or Terminate
Interested Parties
5. The ward;
6. The presumptive heirs of the ward;
7. The person having care of the ward;
8. The ward’s spouse;
9. The ward’s adult children and the parents;
10. If known, a person names as attorney in fact under a durable power of attorney;
11. The Conservator;
12. The Nominated Conservator, if different; and
13. A governmental agency paying benefits to the ward or before which an application for
benefits is pending.
Required Documents
PC676 - Petition to Terminate/Modify Conservatorship
PC638a – Order Regarding Termination / Modification of Conservatorship
PC562 – Notice of Hearing
PC645 – Letters of Conservatorship, if requesting successor conservator
PC571 – acceptance of Appointment, if requesting successor conservator
Driver’s License of proposed successor conservator, if any
$20 Filing Fee
Upon receipt of Petition to Modify / Terminate,
1. If Petition to Terminate – appoint GAL (for instructions see: Appointing GAL / Attorney)
2. Schedule hearing before Judge and provide Notice of Hearing (for instructions see: Scheduling
the Event - Full Hearing on Initial Petition. Insert “petition for modification / termination” [as
appropriate] in event directive).
3. Conduct ICHAT background check on any proposed successor conservator.
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Petition to Allow Account
Interested Parties
1. The Ward;
2. The presumptive heirs of the ward;
3. The Claimants;
4. The guardian ad Litem, if any.
Required Documents
PC583 or 584 – Account of Fiduciary (short or long form)
PC585a – Petition to Allow Account
PC585b – Order Allowing Account
PC562 – Notice of Hearing
Upon receipt of petition to allow account:
Bright line Account – ensure account meets standards before scheduling hearing (for bright line
instructions see: Annual Account Procedure & Bright lining)
Schedule hearing on account (HOA) before Judge; record date and time of hearing on Notice of
Hearing and provide to petitioner for service on interested parties.
Petition to Sell Real Estate or Petition for Instructions
Interested Parties
1. The Ward;
2. Any of the following who will be affected by the instructions or order:
The presumptive heirs of the ward;
If known, a person names as attorney in fact under a durable power of attorney;
The Conservator or nominated conservator; and
A governmental agency paying benefits to the ward or before which an application for
benefits is pending.
Required Documents
PC646 – Petition Regarding Real Estate / Dwelling
PC647 – Order Regarding Real Estate / Dwelling
OR – PC673 – Petition and Order
OR – Self-Drafted Petition for Instructions & Proposed Order
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PC562 – Notice of Hearing
Upon receipt of a petition to sell or dispose of real estate, petition for instruction, or other petition:
Schedule hearing before Judge and provide Notice of Hearing (for instructions see: Scheduling
the Event - Full Hearing on Initial Petition. Insert “petition to sell real estate” [as appropriate] in
event directive).
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Fiduciary Responsibilities
Inventory
Within 56 days of appointment, the Conservator will file an Inventory (PC674) and Proof of Service
(PC562). Upon receipt of the Inventory the Clerk reviews the Inventory to determine if it passes the
brightline test:
a. Does the amount listed on the Inventory agree with what is listed on the Petition for
Appointment?
b. If ordered, have funds been placed in a restricted account in Bank of Ann Arbor or Michigan
Commerce Bank?
If the Inventory fails the brightline test, the Clerk forwards the file to the Deputy Register for review.
The Deputy Register may approve the Inventory or schedule the case for a hearing with the Referee to
address the deficiency.
On the compliance screen, select the appropriate INV (Inventory) and
Click “change”
Subject/As to = 1
Received Date = date
Status = Change the “P” to an “R”
Click “OK”
Proof of Restricted Account
In order to protect the ward’s funds, particularly when the conservator is unable to obtain a bond, the
Court will order all or some portion of the ward’s funds held in restricted account. When placed in a
restricted account, a court order is required in order for a bank to release the funds. Within 28 days of
an order to place funds in a restricted account and annually accompanying the annual account, the
fiduciary must present a Proof of Restricted Account / Annual Verification of Funds on Deposit (PC669) –
signed by a bank representative – with a bank statement attached.
Annual Account Procedure & Bright lining
Within 56 days of the anniversary of the appointment, the Conservator must file an Annual Account
(PC583 or PC 584), documents in support of the account, proof of service, and a $20 filing fee. Annual
Accounts will be reviewed by the Clerk. Once the Annual Account passes the brightline test, and at least
two weeks have expired since the date the annual account was served with no objections filed by
interested parties, the Clerk will prepare an Order Allowing Account (PC565b) and present it to the
Probate Judge for signature.
To log on the Account - on the compliance screen, select the appropriate ACC (Account) and
Click “change”
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Subject/As to = 1
Received Date = date
Status = Change the “P” to an “R”
Click “OK”
Bright line checklist:
Case Name:
Case Number:
Indicate
Yes or No
Checklist For Reviewing Accounts
Accounts are reviewed to determine compliance with rules governing fiduciary relationships and for the
ward’s protection. Any discrepancies in the categories below should be briefly noted on the form and
reviewed by the Deputy Register. If the account is acceptable, then an order allowing account should be
prepared and sent to the Judge for signature (attach adding machine tapes, if used).
Account Number:
and Reporting Year:
Last Order Allowing Account (date signed and account allowed):
The accounting period is correct. If the conservator selects another accounting period, place a document in
the file confirming the change. Accounts for a period exceeding 12 months are not accepted for filing. [MCR
5.409(C)(2)]
The beginning balance of the current account matches the ending balance of the last account or inventory
filed. [Line 2a]
The totals shown in Column 1 and Column 2 match the totals shown in the “Summary” section [Line 2b and
2d] Form PC 583.
Totals shown in all categories are correct by checking the addition.
A statement verifying the balances of assets listed in Item 3 is attached. Physical property such as cars and
home do not require verification.
Any fiduciary fees or attorney fees incurred during the reporting period are stated in Items 7 and 8
respectively (Forms PC 583 and 584). When fees are charged, they must be supported by a written
description of the services performed to include:
f. Dates of Service (Attorney) or Period of Service (Fiduciary)
g. Description of Service
h. Amount of Time Spent on that Service
i. Amount Charged for that Service
j. Total Billed [MCR 5.310(C)(2)(c)]
All sections of the annual account form are complete.
The reviewer affixed their initials and the date completed on the account form.
A proof of service was filed with the account, showing service of the account on all interested persons (all
persons served on the initial petition) [MCR 5.409(c) and MCR 5.125(C)(27)]. If the ward is a minor, he must
be served if he has reached the age of 14.
Accounts must be allowed in a hearing once every three years, at a minimum. If there has been no court
hearing in the preceding two years, then set a hearing date. List the new date in the box to the left or, if you
are not setting a new date, the date of the last hearing on the accounts.
If required, proof of restricted account and/or current bond if required.
Expense categories and amounts are reasonable:
e. Were disbursements made for entertainment?
Y/
N
f. Were disbursements made for vacations?
Y/
N
g. Were disbursements made for gifts?
Y/
N
h. Does there appear to be any questionable activity regarding estate funds?
Y/
N
If the answer to any of these questions is yes, set file review on Referee’s Thursday pm docket.
Notes:
Reviewer’s Initials:
Date Reviewed:
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Instructions for action following bright line:
1. Accounting and Proof of Service are complete – no red flags
Prepare Order Allowing Account (PC 585b)
Hold for two weeks following date of service on Interested Parties (as recorded on Proof
of Service) – if “holding file” – set PRE on Friday 1pm no less than two weeks away; in
event directive note “if no objections, forward order allowing to Judge;” shelve the file.
Once two weeks have expired, forward order and file to Judge for review and signature.
2. Answered “yes” to any items (a. – d.) under “categories and amounts are reasonable?”
Either present account either Deputy Register for review OR set PRR on Referee’s
Thursday 9pm docket for sign-off or determination of necessity of holding a hearing to
address the reasonableness of the expenditure.
Place completed bright line checklist in the file and shelve file.
3. Supporting documents are missing (i.e. PORA, proof of service, bank statement or attorney fee
statement)?
Send deficiency notice to Conservator / Conservator’s Attorney.
Set PRE on Friday 1pm no less than 28 days away; note in the event directive the missing
documents and shelve the file.
Once missing documents are received, review accounting, update bright line checklist
and, if now acceptable, forward to the Judge for signature.
4. Significant concerns / red flags?
Set PRR on Referee’s Thursday 9pm docket.
Place completed bright line checklist in the file and shelve file.
5. Seemingly minor concerns but it’s a judgment call (balance off by a small amount)?
Prepare Order Allowing Account (PC 585b)
Hold for two weeks following date of service on Interested Parties (as recorded on Proof
of Service) – if “holding file” – set PRE on Friday 1pm no less than two weeks away; in
event directive note “if no objections, forward order allowing to Judge;” shelve the file.
Once two weeks have expired, forward order and file to Judge for review (and
signature).
3 Year Hearings in Conservatorship Cases
Once every three years, a hearing to allow account must be held even if no one files a petition to allow
an account. Three year hearings are not required in minor conservatorships if all that is being filed are
proof of restricted accounts.
If they are filing full accounts in a minor conservatorship case then it
needs 3 year hearings the same an adult conservatorship.
Like on any petition to allow an account, the hearing shall be set after the bright line has been
completed and the bright line indicates the account is acceptable. If there are missing documents or
significant accounting errors, those should be corrected and resolved before setting the hearing. To
address deficiency in account, send a Notice of Deficiency (PC600) to the fiduciary and their attorney, if
any and set a PRE file review set in no less than 28 days to confirm receipt of missing documentation or
amended account. If there is no response to the Notice of Deficiency, set an Order to Show Cause
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(OSC) hearing with the Deputy Register / Referee, noting the specific deficiency in the event title on the
Notice of Hearing.
Once account is acceptable, set the three year hearing on the Deputy Register/Referee’s docket:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
HOA3 (Three Year Hearing on Account)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Hearing to Allow Xth Account”
Click OK (you may have to click OK two or three times)
Prepare Notice of Hearing: FNOH
Send the enact notice that has a box saying “if this box is marked, you are required to attend the
hearing.” Do not mark the box unless instructed to do so my Referee Owdziej. The purpose of the 3
year hearing is to allow any interested person to come to court to object to the account if they want to,
so, people are told about the hearing but are not required to attend. Send notice to interested parties:
The ward
The conservator
Any Claimants.
The presumptive heirs of the protected person (if there is a spouse, then notice to the spouse is
sufficient to cover presumptive heir, if there is not spouse then send notice to adult children. If
there is no spouse and no adult children send notice to parents, if any).
Reviewing the initial petition and the proof of service of the account can be helpful in determining the
interested parties, particularly the presumptive heirs. Consult the Deputy Register / Referee if questions
arise.
Changing the Accounting / Reporting Period
Fiduciaries may select a different reporting period for ease in administration, such as the calendar year.
Though notification of such a change is required, it is not often provided. Instead, an account covering a
period of less than a year – typically ending on 12/31 – is submitted. Upon receipt of such an account,
verify the intent to change reporting period with the fiduciary (they may just be filing an interim account
and not intending to change their reporting period) and:
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On the compliance screen, select “ADJUST”
Primary = 1
Party Type = REP
Sequence No. = (insert the number that corresponds to the appropriate Fiduciary)
Monitored = (insert the monitored action that needs to change, such as ACC or INV)
Adjustment = CHNG
New Recurring Target Date = (input new target date, 56 days past end of reporting
period)
Effective Date = T
Click “OK”
Repeat for each monitored action, as appropriate.
Final Account - Proof of Transfer of Assets
A conservatorship may end with court order following a petition to terminate or upon the death of the
ward. A final account is typically ordered due within 28 days of an order ending a conservator and is due
by court rule within 56 days of the death of a ward.
In addition to filing a final account with meets the bright line standards (for instructions see: Annual
Account Procedure & Bright lining), in order to be discharged the fiduciary must either present proof of
proper transfer of remaining assets with the account, propose being allowed to release remaining assets
to an appropriate person (in the order allowing account [pc585B], item 8a, or will be ordered to provide
proper proof of transfer of assets within 28 days (item 8b).
If time is given to provide proper transfer of assets, set a PRE file review in no less than 28 days to
ensure compliance. Proper transfer is provided through Receipts of Property from Conservator (PC621)
or an Inventory in a decedent’s estate case – which matches the amount of remaining assets listed in
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the final account. Upon receipt of proof, prepare an Order of Discharge (PC597) and submit to the
Judge for signature.
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Change of Venue
Ward moves out of State
There is no provision in Michigan Law that allows transferring a conservatorship to another state. A
conservatorship can be managed at a distance. However, if the conservator wishes to close the
Michigan case and open a conservatorship in their new home state, a petition requesting as much would
be filed.
Occasionally the new state will accept certified records from the Michigan Court to shorten the
application process in their court. In that case, upon request of that court or the guardian, prepare a
Certification of Records / Attestation of Exemplified Copies (MC202), completing sections 1 and 2. At
signature line, insert Chief Clerk’s name in second line, insert name of Clerk preparing order/file in third
line. Photocopy the entire file and present Certification of Records to Chief Clerk for signature.
Obtain the Judge’s signature on the Certification of Records / Attestation of Exemplified Copies (MC202)
and log onto eNact (code: EXR Certification of Records). Certify one copy of the Certification of Records
and send it to the receiving court with the photocopy the entire file and a copy of the Register of
Actions. Place the original Certification of Records. Upon presentment of the new order and letters of
conservatorship by the new state, prepare an order of discharge and present it to the Judge for
signature. If granted, update eNact – closing the case file, send a copy of the order to the former
conservator, place the order and a copy of the Register of Actions in the paper file, stamp “closed,” and
shelve.
Ward move out of the county
Upon notification that a Ward is living permanently in another Michigan County:
Ensure fiduciaries have met all requirements (accounts have been filed and allowed).
Prepare a Petition and Order to Change Venue (PC608), completing sections 1-4. The reason for
change of venue (item #2) is “for the convenience of the parties and witnesses.”
Present the order to a Register/Deputy Register for signature. Once signed, update eNact ROA:
PCV
Petition and Order to Change Venue
POCV Order to Change Venue signed by Judge- update with - on ____ and sent to ___
on ___.”
Log the order onto eNact; photocopy the entire file; print two (2) copies of the Register of
Actions. Send the copy of the file, one copy of the Register of Actions to the new court. Place a
copy of the Register of Actions in the paper file, stamp the file “closed,” and shelve.
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Ward moves to Washtenaw County from another Michigan county
Verify that the conservator is up to date on required annual accounts and that all accounts have been
allowed by court. Compare the Register of Actions with the documents and verify all documents are
present. If significant documents are missing (petitions, letters, orders, AOT, medical records, annual
account, inventories) or the conservator is currently deficient, return the file to the sending court with a
letter detailing what is missing.
When a case has begun in another county and is transferred to Washtenaw County, a new AOT is signed
in Washtenaw County but all accounting periods and account due dates are based on the original
Acceptance of Trust date in the prior county. When opening the case on eNACT, the original AOT date
(not the date the AOT is signed in Washtenaw County) will be entered in the party and compliance
screens. The Clerk will update the docket screen by entering an “AOT” entry and noting, beginning on
the second line of the docket text, the transfer, date of the AOT in the original county, and the reporting
period.
Upon receipt of a transfer case:
Search for current / prior Washtenaw County cases and open case file on enact (for instructions
see: Creating the Electronic File (opening case on eNact)).
Update Register of Actions:
IC
Search / No Prior Cases
OR
CC
Prior companion cases
FREE
Transferred from XX County; Original Letters issued on _____
Send a letter to the conservators informing them of the transfer and need to issue new letters of
authority. Include a blank Acceptance of Appointment (PC571) form and require them to return
the form - signed - within 28 days.
Set a PRE (file review) to ensure receipt of documents.
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Has AOT been received?”
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Click OK (you may have to click OK two or three times)
Upon receipt of the signed AOT
o Update ROA: AOT
Acceptance of Trust
o Prepare new Letters of Conservatorship (PC645), submit to the Judge for signature.
o Once signed, send one certified copy of the Letters to the conservators, update eNact
(LET Letters of conservatorship – add: “issued to ___; signed by Judge Connors
on ___; sent to ___ on ___”), activate the compliance screen (AOT date =
ORIGINAL Letters of conservatorship) and shelve file.
Ward moves to Washtenaw County From Another State:
Effective on January 2, 2013 the Michigan Legislature created an expedited process for guardians and
conservators appointed and in good standing in other states to be immediately appointed in Michigan,
without requiring a court hearing.
Upon receipt of an Application and Order for Appointment of Out-Of-State Conservator (pc683), the
Clerk shall review eNact records. If a conservator has already been appointed in Washtenaw County the
petitioner may petition for modification of that order and follow the regular modification process. If
there is a pending conservatorship petition, the new petitioner may file a competing petition in the open
case file. If there is no open / pending case, the conservator shall file:
Application and Order for Appointment of Out-Of-State Conservator (pc683)
Two (2) Letters of Conservatorship (pc645) – one for temporary appointment, the second for full
appointment
*** if Application is for a minor conservatorship, ensure that additional
language requiring all funds be placed in a restricted account in one of the
court-approved banks is included on the proposed Letters.
Proposed Order Regarding Appointment of Conservator (pc640)
Signed Acceptance of Appointment (pc571)
Copy of Conservator’s Driver's License or State ID
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
An authenticated copy of the conservator’s Letters of appointment in the other state.
If the Letters were authenticated more than 30 days ago, place a phone call to the court of original
jurisdiction to verify the conservator is currently appointed and in good standing with that court (i.e. not
suspended, up to date with reporting requirements).
Follow the instructions to open the electronic case file (see: Creating the Electronic File (opening case
on eNact)), record the case number on all documents, and route the Application and Order for
Appointment of Out-Of-State Conservator (pc683) and the temporary Letters of Conservatorship to the
Judge for signature. Provide a certified copy of the Letters of Conservatorship and a copy of the signed
Application and Order to the conservator and schedule a PRE file review in 28 days to assure proof of
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service to all IPs has been filed and to prompt preparation and signature of full Letters of
Conservatorship or hearing on objection is scheduled.
Within 14 days of temporary appointment, the guardian must send by first class mail (service) to all
interested persons:
A copy of the Application and signed Order,
Notice to all interested parties [see Interested Parties] and
File a proof of service (pc564) with the court.
Upon receipt of the proof of service – allowing 28 days from date of the temporary order of
conservatorship for objections – the temporary conservatorship shall become a full conservatorship.
Route the Letters of Conservatorship (pc645) and Order Regarding Appointment Conservator (pc640) to
the Judge for review and signature.
If an objection is filed, schedule a hearing in front of the Judge. The temporary conservatorship
continues pending the outcome of the hearing (check the expiration date on the temporary Letters.
New Letters may need to be prepared and routed to the Judge for signature).
Death of Ward
When a ward dies, the fiduciary should inform the court within 14 days and file a final account within 56
days of the death (see these instructions final account requirements Final Account - Proof of Transfer of
Assets).
Suspending the Fiduciary and Appointing a Special Fiduciary
Occasionally, in response to a conservator’s failure to file required inventory or account or upon
suspicion of mis-management of funds, the conservator may be suspended and a special fiduciary
appointed (see PC602 Order Appointing Special Fiduciary and / or Suspending Powers of Fiduciary). The
duties of the special fiduciary may be “marshal and secure the resources of the ward and report back to
the court” or to fully take over the responsibilities of successor conservator.
The court does not pay for the services of a special fiduciary. If there are assets, the special fiduciary
may petition the court to allow payment of their fees and costs or may count it as pro bono work. As a
result it is sometimes difficult to find an attorney willing to accept the appointment. Start at the
beginning of the attorney appointment list and call until someone agrees to serve.
Once an order suspending the fiduciary and appointing a special fiduciary is signed, send a copy to all
interested persons, including the suspended conservator and the special fiduciary and set a PRE file
review to ensure receipt of the special fiduciary’s report and appropriate next steps are taken.
Successor Conservator Appointed
One Fiduciary Discharged and a New Fiduciary Appointed: the discharged fiduciary shall file a “final
account” covering the period of time from the end of the last reporting period to the appointment of
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the new Fiduciary. The date of the AOT by the new Fiduciary shall be the trigger date for a new
Inventory and future Annual Accounts. To update eNact:
3. Add the new Fiduciary on the Party Screen and Enable Compliance:
Under Qualification Information:
Auto MA Group = CV or SPF (if special fiduciary)
Input Type = “AOT”
Date = date AOT was signed
Click “OK”
A new inventory and annual account will appear on the compliance screen – with new target
dates, 56 days past anniversary of new AOT.
When old Fiduciary has filed a Final Account and the Account has been allowed, discharge the
old Fiduciary on the:
a) Compliance Screen
Click “Adjust”
Primary = “1”
Party Type = “REP”
Sequence No = number corresponding with representative (found on party screen)
Adjust = “DIS”
Effective Date = today
Click “OK”
The Compliance screen will show fiduciary discharged and will eliminate any future
pending accounts.
Delete any future Accounts (if any remain) for that Fiduciary only.
b) Party Screen
Select the Fiduciary being discharged
Click “Change”
Under Qualification Information, change Auto MA Group from “CV or SPF” to “DIS”
Type = remains the same – do not change
Date = remains the same – do not change
Click “OK”
The old Fiduciary will show as discharged under the MA group on the party screen.
The Addition of a Co-Conservator: the new co-conservators are considered a new joint
Fiduciary. As such, the prior fiduciary(s) shall file a “final account” covering the period of time
from the end of the last reporting period to the appointment of the new co-conservator. Both
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parties shall sign new AOTs and the date of those joint AOTs shall be the trigger date for a new
jointly filed Inventory and future jointly filed Annual Accounts. To update eNact:
a) Update the Old Fiduciary on the Party Screen
Select the old Fiduciary on the party screen
Click “Change”
Under Qualification Information, change the Date only, to the date new AOTs are
signed by both Fiduciaries.
This will maintain the old due dates (to allow tracking to ensure Final Account is
filed, but also add new due dates for this Fiduciary for a new inventory and annual
account).
b) Add the new Fiduciary – or enable compliance for new Fiduciary
Under Qualification Information:
Auto MA Group = CV
Input Type = “AOT”
Date = date both Fiduciaries signed new AOT
Click “OK”
c) Check compliance and docket screens
The compliance screen should now show one old set of due dates (likely just one
Annual Account still pending – which will be used to record receipt of the Final
Account from the first Fiduciary) and two new sets of due dates, including two
Inventories and two Annual Accounts, all with new target dates – 56 days past the
new Fiduciaries’ AOT date. The docket screen should automatically show the
change in the recurring reports’ due dates. There is no need to discharge the “old”
Fiduciary they have fulfilled their responsibilities as a sole Fiduciary and now enter
new responsibilities as a joint Fiduciary.
Closing the Case File
Upon processing a final account, order allowing final account, and an order discharging fiduciary and
closing the case (for instructions on order preparation see: Final Account - Proof of Transfer of Assets):
On Docket screen:
Click ADD
CLO
(closed)
&
ACL if applicable
(administratively closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
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3. MINOR CONSERVATORSHIP (CY)
Interested Parties
1. The individual to be protected if fourteen (14) years of age or older.
2. The presumptive heirs of the individual
3. If known, a person named as attorney in fact under a durable power of attorney.
4. The nominated conservator
5. A governmental agency paying benefits to the individual to be protected or before which an
application for benefits is pending.
6. If the individual to be protected is receiving Veterans Affairs benefits, the Administrator of
Veterans’ Affairs.
7. Any guardian, conservator, or guardian ad litem of an interested person.
8. Any attorney who has filed an appearance.
9. Any special fiduciary.
10. Any person who has filed a request for notice under MCL700.5104.
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Request for Notice
MCL700.5104 allows an interested person to file a Request for Notice in a Guardianship or
Conservatorship / Protective Order case (pc624) before a case has been filed or at any point during the
pendency of a case. If a case is already open, the requester must provide a copy of the Request for
Notice to the court, along with a Proof of Service (pc564) that the Conservator’s attorney (or the
Conservator if not represented) has been served with the Request for Notice. From that date forward,
the Requester must receive notice of filings, notice of hearings and copies of orders. Responsibility for
service / notification of the new IP remains the same as for any other IP – if a new petition is filed the
petitioner is responsible for notice; if the court initiates a proceeding (other than a compliance activity),
such as a three-year Hearing on Account, the court would provide service to the new IP.
Upon receipt of a Request for Notice, verify the person is already an interested person (see section
immediately above for a list of IPs in a conservatorship case). If relationship / interest is not clear, show
the document to the Deputy Register / Referee to verify the person qualifies as an interested person.
Update eNact:
Docket Screen:
FREE
Request for Notice filed by xxx on xxx
Party Screen:
Party Type:
Name:
Address:
Phone:
Notes:
INP
First, Middle Initial, Last
Street, City, State, Zip Code
xxx-xxx-xxxx
Request for Notice dated xx/xx/xxxx
(ENTER)
If no conservatorship case is open at the time a Request for Notice is filed, the Requester must pay a
$150 filing fee. Open a case on eNact with limited information (as no petition is pending). Upon receipt
of a petition for conservatorship, enter the new filing in the existing case file; charge a new filing fee;
and provide –at no cost – a copy of the Request for Notice to the petitioner’s attorney (or petitioner if
not represented) , documenting the service with a FREEE entry on the Docket Screen on eNact. The
petitioner has now been notified of the IP and must serve him/her as any other interested person.
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Required Documents at Case Filing
PC639 - Petition for Appointment of Conservator and/or Protective Order
PC562 - Notice of Hearing
PC564 - Proof of Service (may be submitted up to the time of the hearing)
PC640 - Order Regarding Appointment of Conservator
PC668 – Notice on Petition for Conservator or Protective Order
PC571 - Acceptance of Appointment
PC645 - Letters of Conservatorship
Copy of Driver’s License or State ID
$150 filing fee and a $14.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
**** Locally required language on Order and Letters:
ALL FUNDS SHALL BE PLACED IN A RESTRICTED ACCOUNT AT BANK OF ANN ARBOR.
PROOF OF RESTRICTED ACCOUNT AND ANNUAL VERIFICATION OF FUNDS ON DEPOSIT
SHALL BE FILED WITH THE COURT. FUNDS MAY NOT BE WITHDRAWN WITHOUT A
COURT ORDER.
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Creating the Electronic File (opening case on eNact) and Scheduling the Event
If the petition meets acceptance standards, the case information shall be entered into eNact. Conduct a
name search in eNact to determine if there are any other open or closed cases for this ward; make a
note of any related case numbers.
Click on New Case; when the screen comes up, type PRP; hit enter. Next type information into the
following fields:
Case Type:
CY
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s SS #:
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Representative or Guardian:
Attorney (if any):
Proposed Guardian’s Name:
Guardian’s Phone Number:
$XXXXX ($ sign followed by P-number in the GNC field)
First, Middle, Last (in separate fields)
XXX-XXX-XXXX
Qualification Information:
Auto MA Group:
CY
Case Information:
Classification Type:
MINR
Filing Dates:
Petition:
Status:
Status Date:
TODAY’S DATE
OPEN
TODAY’S DATE
Linked Case:
FULL CASE NUMBER (IF ANY)
(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
Amount:
Enter total amount due ($150 or $164)
Amount Details:
CFFF:
150
CERT:
12
CPY:
2
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Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge, go to the Docket screen and make a FREE entry: “Affidavit and Suspension of Fees granted
on xx/xx/xxx.”
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner).
Return to the Master screen; Click CHANGE (at the bottom of the page); re-enter the last four digits of
the ward’s social security number (000-00-XXXX). Click OK.
Adding Parties:
Go to the Party screen and you should see entries for the Ward, Proposed Conservator, Petitioner’s
Attorney (if any), and Ward’s privately retained Attorney (if any). First, add the Ward’s, Petitioner’s, and
Guardian’s Attorneys (if any) again. Click add and enter information in the following fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P-number)
Associated with:
REP (for Guardian)
OR
PRI (for Ward)
(ENTER)
Repeat for each Attorney
If the petitioner is not the child’s parents; Click ADD and enter information in the following fields:
Party type:
MOT or FAT
Address:
Street, City, State, Zip code (if known)
Phone:
XXX-XXX-XXXX
If there are any other parties who have requested notice of proceedings, enter Click ADD and enter their
contact information (Name, Address, and Phone Number) and any relevant notes at the bottom of the
screen (i.e. Veteran’s Administration)
If all Required Documents Have Been Submitted – Scheduling the Hearing:
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
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Judge / Caseworker:
Judge:
FAJA (Judge Connors) if contested
OR
FARP (Referee Owdziej) if not contested or unknown
Event Details:
Event:
HOC (Hearing on Conservatorship)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition to Appoint Conservator for Minor”
Click OK (you may have to click OK two or three times)
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties.
Go to the Docket screen, click ADD, and record the filing of all documents, such as
NOH Notice of Hearing (type “sent / handed to petitioner [or petitioner’s attorney]”)
CSR
Petition to Appoint Conservator
AOT
Acceptance of Appointment (note “signed by XXX”)
FREE Noting any additional documents, such as death certificate of parent.
To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found
If any cases were found, delete the “None Found” of the entry and type “cases found.” Print a screen
shot of the Search Results screen and place it in the non-public file.
If there are Missing Documents:
If the petition is not accompanied by any required document (signed Acceptance of Trust, proposed
Order, proposed Letters, copy of the conservator’s driver’s license of state ID) prepare missing
document letter listing the missing documents and giving a due date of 28 days. Send the letter to the
petitioner and schedule the following event:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
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Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Have missing documents been received? (specify which documents)”
Click OK (you may have to click OK two or three times)
If the petitioner is the proposed ward and s/he is missing documents such as proposed Orders, Letters, or
Notice of Hearing, assist the petitioner by preparing the documents and serving notice of the petition.
Creating the Case File Jacket
Obtain an orange file folder and select the numbered sticker that corresponds with the case number
obtained in eNact. Select a manila folder and place attach a “non-public file” sticker.
File Label – Labels should be printed or typed in the following manner and placed on the public
and non-public file folder tabs:
1st line: Last Name, First Name and Middle Initial; Full Case Number (PRP-XX-XX-CY)
2nd line: Date of Birth (DOB: XX/XX/XXXX)
Organize the Public File:
Two-hole punch the petition and all supporting documents
Place documents in public file (petition is the first document followed by the Acceptance
of Appointment, Notice of Hearing, and all subsequent documents in order of
preparation / receipt (including any correspondence with petitioner regarding missing
documents).
Place labeled tab on petition, noting “Pet” or “Petition”
Clip proposed order and Letters inside the file, tabbing the Judge’s signature line.
Organize the NON-Public File:
Place the proposed guardian’s driver’s license and ICHAT report first.
Emergency (Temporary Conservatorship) Hearings
Requests for emergency hearing on a minor conservatorship are rare. Upon receipt of an emergency
hearing request contact the Register, Deputy Register/Referee or Deputy Register to review the
materials and determine whether an imminent risk of harm exists – to the ward – if a conservatorship
hearing is delayed. The Register/Deputy Register may request additional information; deny the request
(and direct the case be scheduled in the normal manner); or schedule an emergency hearing before the
Deputy Register. The Clerk will record the request and response on the eNact Docket Screen and inform
the petitioner.
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Additional Documents Required: Order Regarding Temporary Appointment of Conservator (PC640);
Temporary Letters of Conservatorship (PC645); and written reason for emergency request.
If granted, schedule emergency hearing before the Deputy Register/Referee (FARP)
When / How to Appoint a GAL
GALs are not routinely appointed in minor conservatorship cases. The exceptions are: upon direction of
the Judge or Referee and in wrongful death settlements (when the child is a beneficiary of a potential
settlement).
Using the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Fill in the case number and case name
#1 –
Mark either Guardian ad Litem
#2 –
Insert the Lawyer’s name, address, and phone number
Check Guardian ad Litem – should match #1
For ________ insert name (most likely the ward / proposed ward)
In respect to ________ (insert Petition for Appointment of Conservator)
IF Appointing a GAL:
Check box #3
Check box #4 and due date (Friday at noon before hearing,
unless holiday, then last day open before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and submit proposed order appointing
attorney to Deputy Register for signature.
For instruction on attorney/GAL selection and record keeping see: Appointing Attorneys / GALs.
Once the order is signed, update eNact:
Docket screen:
Click Add –
If GAL appointed – GAL (update adding name of lawyer appointed)
If Attorney appointed – APT (update adding name of lawyer appointed)
Update Event screen Directive with lawyer’s name and role (ATTY = XX or GAL = XX)
Do not add appointed attorney / GAL to the party screen as this person is likely to be discharged
following their appearance and activity on this singular event.
Once GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
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Following Full Hearing
Processing Orders
Prepare a certified copy of the letters and a photocopy of the order and mail them to:
The petitioner’s attorney or the petitioner (if no attorney)
The person(s) appointed as Conservator (if different)
Any person removed as Conservator
Update eNact
On the Docket Screen click ADD:
LET
Letters in conservatorship cases – add: “issued to ___ as full/temporary CV; signed by
Judge Connors on ___; sent to ___ on ___”
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
Set PRE for Follow-Up
In most minor conservatorship cases, the Judge will either order the funds be placed in a restricted
account or that a bond be filed by the conservator. With the exception of CY cases that are filed only to
enable the petitioner to file a lawsuit on behalf of the minor (in which case there is no money currently
and a petition to approve settlement will be forthcoming) the conservator is expected to immediately
place all funds in a restricted account in a bank specified by the court (as of 9/2013 that bank is Bank of
Ann Arbor) and file a Proof of Restricted Account within 28 days. Schedule a PRE File Review control
date to ensure compliance. On the Event Screen:
Judge / Caseworker:
Judge:
Event Details:
Event:
Schedule for:
Event Date:
Event Time:
Directive:
FARP (Referee Owdziej)
PRE (Probate Register File Review)
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
“Has PORA [or Bond] been received?”
Click OK (you may have to click OK two or three times)
Compliance Screen
Verify the appointed person appears on the party screen as REP. Add their name, address, and phone
number if necessary (this most often occurs if someone other than the person proposed, is appointed).
Activate the compliance screen: verify the correct Auto MA Group (CV) has been entered and add AOT
and the date the Letters were signed under Qualification Information.
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Open Compliance Screen and verify an inventory (INV) and at least two annual accounts (ACC) appear.
*** eNact oddity: sometimes the first annual account appears as due in 56 days. Ensure the annual
account due dates are one year + 56 days and two years + 56 days away (select account, click CHANGE,
change due date year).
Disposition Code
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
TRATransferred
Date:
Date of Hearing
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Petition to Approve Settlement
Petitions to approve settlement in a minor conservatorship case are heard by the Probate Judge. If such
a petition is filed with the initial Petition to Appoint Conservator, schedule both hearings before the
Judge on the same date. A GAL is appointed at for the minor at case initiation only if the settlement is
the result of a wrongful death case suit.
Subsequent Petitions: To Modify, Terminate, Sell Real Estate, or Use Funds
Interested Parties
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The individual to be protected if fourteen (14) years of age or older.
The presumptive heirs of the individual
If known, a person named as attorney in fact under a durable power of attorney.
The nominated conservator
A governmental agency paying benefits to the individual to be protected or before which an
application for benefits is pending.
If the individual to be protected is receiving Veterans Affairs benefits, the Administrator of
Veterans’ Affairs.
Any guardian, conservator, or guardian ad litem of an interested person.
Any attorney who has filed an appearance.
Any special fiduciary.
Any person who has filed a request for notice under MCL700.5104.
Required Documents
Petitions and Orders:
PC676 - Petition to Terminate/Modify Conservatorship
PC638a - Order Regarding Termination / Modification of Conservatorship
PC585a – Petition to Allow Account
PC585b – Order Allowing Account
PC646 - Petition Regarding Real Estate / Dwelling
PC647 - Order Regarding Real Estate / Dwelling
Self-Drafted Petition for Instructions & Proposed Order
Self-Drafted Petition to Approve Settlement & Proposed Order
PC673 - Petition and Order to Use Funds
PC586 - Petition and Order
PC645 – Letters of Conservatorship, if requesting successor conservator
PC571 – Acceptance of Appointment, if requesting successor conservator
PC562 – Notice of Hearing
Driver’s License of proposed successor conservator, if any
$20 Filing Fee (there is no fee for Petition to Use Funds)
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Scheduling Event and Next Steps
Schedule hearing before Deputy Register / Referee and provide Notice of Hearing (for
instructions see: Creating the Electronic File (opening case on eNact) and Scheduling the Event),
noting the name/type of the hearing in the event directive.
Conduct ICHAT background check on any proposed successor conservator.
Emergency hearing requests frequently accompany petitions to use funds. Upon receipt,
contact the Deputy Register or Deputy Register / Referee for review and approval. If granted,
obtain a date / time for hearing from the Deputy Register / Referee.
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Fiduciary Responsibilities
Proof of Restricted Account / Inventory
Fiduciaries in Minor Conservatorships (case type CY) may file a “restricted account agreement” (pc669)
instead of an Annual Account (pc583/584) for the year if the funds remained in the restricted account(s)
and there were no expenditures during the reporting period. The first PORA – due within 28 days of the
Order and Letters when there are funds to account – may be submitted in lieu of an Inventory form (or
in addition to an Inventory). In subsequent years – as long as there are no funds expended – a PORA
serves as the annual accounting. There is no filing fee for a PORA and no need for an order allowing
account or a three year hearing as long as only PORAs are filed. The receiving Clerk will record receipt of
filing in eNact by:
On the docket screen
Click “ADD”
Code (1) = VFD
Click “OK”
On the compliance screen, select the INV (Inventory)
Click “change”
Subject/As to = 1
Received Date = date
Change the “P” to an “R”
Click “OK”
Forward the Proof of Restricted Account and the file to the Deputy Register / Referee to check the
online banking records to verify the funds remain protected and to verify the amount.
Annual Verification of Funds on Deposit and / or Annual Account
Each year, 56 days past the anniversary of the acceptance of trust, the guardian must file either an
Annual Account (pc583 OR pc584) or an Annual Verification of Funds on Deposit (PC 669), as
appropriate.
1. If there have been no expenditures in the preceding year, the Conservator shall file an Annual Proof
of Restricted Account / Verification of Funds on Deposit. Following Clerk review and logging onto
eNact (see above), the file will be forwarded to the Referee or Deputy Register for verification of the
submitted bank records against the online bank records. If a Proof of Restricted Account / Annual
Verification of Funds on Deposit (PC669)form is submitted as an attachment to an Annual Account
(pc 583/584), record receipt of the PORA on the docket screen using code (VFD) and route the
PORA, Account, and file to the Deputy Register/ Referee for review of online bank records.
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2. If the Conservator was approved for a withdrawal from the account in the preceding year, an Annual
Account is required. If any of the funds are required to be a restricted account, a Annual Proof of
Restricted Account / Verification of Funds on Deposit (PC669) must accompany the annual account.
The Annual Account must be accompanied by a $20 filing fee and a proof of service on interested
persons, including the ward if s/he is 14 years old or older. Annual Accounts will be brightlined, and
it passes the test, will be forwarded to the Deputy Register / Referee to verify the funds on deposit
with the online bank records, and then forwarded with a proposed Order Allowing Account
(PC585b) to the Judge. Once every three Account filings, or upon a Petition to Allow Account, a
hearing to allow the account will be scheduled before the Referee. For instructions see: Annual
Account Procedure & Bright lining and 3 Year Hearings in Conservatorship Cases.
On the compliance screen, select the appropriate ACC (Account)
Click “change”
Subject/As to = 1
Received Date = date
Change the “P” to an “R”
Click “OK”
Minor Reaches Age 18 / Final Account
Upon the ward’s 18th birthday, the Conservator shall file a Minor Conservatorship, Final Account, Waiver
and Consent and Order (PC648), signed by both the Conservator and Ward. The Clerk shall brightline
the account and forward it, along with the file, to the Deputy Register / Referee for comparison to the
online bank records. Upon approval of the Deputy Register / Referee, the file and final account will be
routed to the Judge for review and signature.
Upon the Judge’s signature on the order allowing the final account, a copy of the Final Account is
returned to the Conservator and the Ward. The Clerk will set a control date in 28 days. If a Receipt of
Ward and Discharge (PC649) is not received by the control date, a show cause hearing for the
Conservator will be scheduled with the Referee.
Upon presentation of the Receipt of Ward and Discharge signed by the ward, the order is forwarded to
the Judge for signature. Upon the Judge’s signature, the conservator is discharged, and the bond, if any,
is cancelled, and the case is closed.
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Suspending the Fiduciary and Appointing a Special Fiduciary
Occasionally, in response to a conservator’s failure to file required inventory or account or upon
suspicion / verification of misuse of the minor’s funds, the conservator may be suspended and a special
fiduciary appointed (see PC602 Order Appointing Special Fiduciary and / or Suspending Powers of
Fiduciary). The duties of the special fiduciary may be “marshall and secure the resources of the ward
and report back to the court” or to fully take over the responsibilities of successor conservator.
The court does not pay for the services of a special fiduciary. If there are assets, the special fiduciary
may petition the court to allow payment of their fees and costs or may count it as pro bono work. As a
result it is sometimes difficult to find an attorney willing to accept the appointment. Start at the
beginning of the attorney appointment list and call until someone agrees to serve.
Once an order suspending the fiduciary and appointing a special fiduciary is signed, send a copy to all
interested persons, including the suspended conservator and the special fiduciary and set a PRE file
review to ensure receipt of the special fiduciary’s report and appropriate next steps are taken.
Closing the Case File
On Docket screen:
Click ADD:
RGW
(Receipt of Ward and Discharge)
CLO
(Closed)
&
ACL if applicable
(Administratively Closed)
Date: Date order signed by Judge
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Mail a copy of the order to the conservator. Stamp the file “closed” and re-shelve.
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DECEDENT ESTATES (PE, DE, DA)
Interested Parties
The following are persons interested in an application or a petition to probate a will:
1. Devisees;
2. Nominated trustee and qualified trust beneficiaries of a trust under the will;
3. Heirs;
4. Nominated personal representative; and
5. Trustee of a revocable trust.
In an intestate estate (no Will), the interested persons are:
1. Heirs;
2. The nominated personal representative; and
3. The trustee of a revocable trust.
Interested person also includes:
1. Any other person that has a property right in or claim against a trust estate or the estate of a
decedent, ward, or protected individual;
2. The Attorney General, if the decedent is not survived by any known heirs;
3. The appropriate foreign consul, if an interested person is a resident in and a citizen of a foreign
country;
4. Any guardian, conservator, or guardian ad litem of an interested person;
5. Any attorney who has filed an appearance;
6. Any special fiduciary; and
7. Any person who has filed a demand for notice.
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Demand for Notice
MCL 700.3205 allows any person who has a financial or property interest in an estate to file a Demand
for Notice (pc555) in a Decedent Estate case and thereby establish themself as an interested party. The
Demand may be filed at any time after the decedent’s death, before or after a case is filed in the court.
If a case is already open, the requester must provide a copy of the Demand for Notice to the court, along
with a Proof of Service (pc564) showing that the Decedent’s Attorney (if known), the personal
representative and the personal representative’s attorney have been served. From that date forward,
the person is an Interested Party and must receive notice of any order or filing and may initiate action in
the case. Responsibility for service / notification of the new IP remains the same as for any other IP – if
a new petition is filed the petitioner is responsible for notice; if the court initiates a proceeding (other
than a compliance activity), including a Notice of Intent to Close the Estate, the court would provide
service to the new IP.
Upon receipt of a Demand for Notice, verify the person asserts a financial or property interest in the
estate. If the interest is not clear, show the document to the Deputy Register / Referee to verify the
person qualifies as an interested party.
Update eNact:
Docket Screen:
FREE
Demand for Notice filed by xxx on xxx
Party Screen:
Party Type:
Name:
Address:
Phone:
Notes:
INP
First, Middle Initial, Last
Street, City, State, Zip Code
xxx-xxx-xxxx
Demand for Notice dated xx/xx/xxxx
(ENTER)
If no Decedent’s Estate case is open at the time a Demand for Notice is filed, the filer must pay the fee
required to commence a proceeding ($150 or $25 depending on the estimated amount of assets) and
provide proof of service to the court that the decedent’s attorney, if known, has been served. Open a
case on eNact with limited information (as no petition or application is pending). Upon receipt of an
application/petition to open a decedent’s estate case (PE, DE, or DA), enter the new filing in the existing
case file (changing the case suffix if necessary); charge a new filing fee; and provide –at no cost – a copy
of the Demand for Notice to the person applying to personal representative and their attorney, if any,
documenting the service with a FREEE entry on the Docket Screen on eNact. The petitioner has now
been notified of the IP and must serve him/her as any other interested person.
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Priority for Appointment – Who May File an Application or Petition
The Judge or Deputy Probate Register / Referee will determine who will be appointed the Personal
Representative. However, for information purposes: a person is qualified to serve as personal
representative only if he or she is age 18 or older, is not a protected or legally incapacitated individual,
and is not found unsuitable by the court in a formal proceeding. Qualified persons are entitled to
appointment as PR in the following order:
1. The personal representative appointed by the court of the decedent’s domicile (unless the
decedent’s will nominates different persons to act in Michigan and the state of domicile) or his
or her nominee;
2. The person nominated in the decedent’s probated will;
3. The surviving spouse of the decedent, if he or she is a devisee, or his or her nominee;
4. Other devisees of the decedent or their nominee;
5. The surviving spouse of the decedent or his or her nominee;
6. Other heirs of the decedent or their nominee;
7. A creditor’s nominee, 42 days after decedent’s death, if the court finds the nominee suitable; or
8. The public administrator (if (a) no interested person applied or petitioned for appointment of a
personal representative within 42 days of the decedent’s death, (b) there are no known heirs, or
(c) there is no United States resident entitled to a distributive share in the estate).
A person who does not have top priority for appointment may send a Notice of Intent to Request
Informal Appointment of Personal Representative (PC557) to those having equal or higher priority for
appointment before filing the application (14 days’ mail notice or 7 days’ personal notice). Proof of
Service (PC 564) of the notice must be presented to the court when the application is filed. Persons with
equal or higher priority may sign a Renunciation of Right to Appointment (PC567) or Waiver and
Consent (PC561) to indicate their willingness to allow another to be appointed PR.
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Petition and Order for Assignment
The Petition and Order for Assignment is also known as a small estate. The amount of assets that qualify
for this informal process changes annually. For deaths occurring in 2013, the amount of gross assets –
minus the funeral and burial expenses – must $21,000 or less.
1. Required Documents
PC 556 - Petition and Order for Assignment
Funeral Home Bill (if it has been paid, receipt showing it paid)
Death Certificate
Will, if any
$39 filing fee and Certification Fee) plus Inventory Fee
2. Open the Electronic Case File and Route to Referee for Review
For instructions see:
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Creating an Electronic Case File (opening in eNact)
3. Following Review by Deputy Register / Referee
Upon receipt of the order signed by the Deputy Register / Referee:
Prepare one certified copy of the Order for Assignment and send it to the petitioner.
Update eNact
o Docket Screen – click ADD:
OAA Order for Assignment
CLO
Closed
o Master Screen:
Disposition: GTD
Status: Closed
There is no compliance screen in a PE case.
Close the paper file: Verify the case is closed. There should be a red flag noting “closed” at the
top of the docket screen. Stamp the file “closed” and re-shelve.
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Application for Informal Probate and / or Appointment of PR
1. Required Documents
PC558 – Application for Informal Probate and/or Appointment of PR (Testate/Intestate)
PC565 – Testimony to Identify Heirs and Devisee Heirs
PC566 - Supplemental Testimony to Identify Non-Heirs Devisees (Testate Estate) if applicable
PC568 - Register’s Statement
PC571 – Acceptance of Appointment
PC572 – Letters of Authority for Personal Representative
Will and codicil, if any
$164 ($150 filing Fee and $14 Certification Fee)
2. Open the Electronic Case File and Route to Referee for Review
For instructions see:
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Creating an Electronic Case File (opening in eNact).
a) Application Denied by Deputy Register / Referee
If the application is denied, the reason for the denial – and any special instructions – will be listed in
item #5 of the Register’s Statement (PC568).
Send a copy of the Register’s statement to the applicant or his/her attorney, if any.
Update eNact
o
ON Docket Screen – click ADD: RIO Register’s Statement – ADD: Application Denied
CLO
Closed
o Master Screen:
Disposition: DEN
Status: Closed
Verify electronic file shows “closed; print and place a copy of the register of actions in the paper
file; stamp the file “closed:” and shelve.
If the application is denied pending submission of a corrected or missing document, upon submission of
corrected or missing document AND a new Register’s Statement (PC568) re-open the old file and do not
charge a second filing fee.
b) Application Granted by Deputy Register / Referee
Certifying the Letters
Prepare a certified copy of the letters of authority and a photocopy of the register’s statement and hand
or mail them to the applicant’s attorney or the applicant (if no attorney). [It is not uncommon for the
applicant to have paid for more than one certified copy of the Letters. Verify the number purchased at
case opening by reviewing noted in the paper file and /or the receivables screen in eNact and prepare
and send that number].
Updating eNact
o
Docket Screen:
o
o
Master Screen:
Activate Compliance:
RIO
LET
Register’s Statement
Letters of Authority – ADD: “XX appointed PR”
and “mailed to __ on __”
Disposition: GTD Date: Date Letters signed
On the Party screen, verify the correct Auto MA Group
(IP) has been entered and add AOT and the date the
Letters were signed under Qualification Information.
Click OK. The compliance screen should now show one
inventory due (INVIP) and the date letters of authority
expire (LOAI) for each personal representative.
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Microfilming the Will
If a Will has been filed with the Application, record the case number on the top right corner
of the Will and place in the Microfilming Basket. Periodically, civil Records Management
Division staff will pick up the basket, microfilm the Wills, and return to the Probate office –
recording a microfilm reference number on each Will. Once returned, update the eNact Will
entry (LWT), adding the microfilm reference number, and file the Will in the DE case file.
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Petition for Probate and / or Appointment of PR
1. Required Documents
PC559 – Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate)
PC565 – Testimony to Identify Heirs and Devisee Heirs
PC566 - Supplemental Testimony to Identify Non-Heirs Devisees (Testate Estate) if applicable
PC569 - Order of Formal Proceedings
PC571 – Acceptance of Appointment
PC572 – Letters of Authority for Personal Representative
Will and codicil, if any
$164 ($150 Filing Fee and $14 Certification Fee)
2. Scheduling the Event
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOP (Hearing on Petition)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition for Probate and/or Appointment of PR”
Click OK (you may have to click OK two or three times).
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties. Go to the Docket screen, click ADD, make a FREE entry
with today’s date “NOH of sent / handed to petitioner (or petitioner’s attorney).”
3. Micro-filming the Will
If a Will has been filed with the Petition, record the case number on the top right corner of the Will and
place in the Microfilming Basket. Periodically, civil Records Management Division staff will pick up the
basket, microfilm the Wills, and return to the Probate office – recording a microfilm reference number
on each Will. Once returned, update the eNact Will entry (LWT), adding the microfilm reference
number, and file the Will in the DE case file.
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4. Following the Hearing
If the Judge grants the petition pending some action by the Conservator (most often obtaining a bond,
the Clerk will schedule a File Review control date (Friday at 1pm - using code PRE) to ensure compliance.
Processing the Order
Prepare a certified copy of the letters and a photocopy of the Order and hand or mail them
to the petitioner’s attorney or the petitioner (if no attorney). [It is not uncommon for the
petitioner to have paid for more than one certified copy of the Letters. Verify the number
purchased and prepare and send that number].
Update eNact
o
Register of Actions
LET
ORD
Letters in conservatorship cases – add: “issued to ___ as PR; signed by
Judge Connors on ___; sent to ___ on ___”
Order – add title of order; text of order; and distribution (i.e. XXX
appointed PR; signed by Judge Connors on ____; mailed to ___ on ___)
o
Master Screen -- Disposition: GTD
o
Compliance Screen
Verify the correct Auto MA Group (IP) has been entered and add AOT and the
date the Letters were signed under Qualification Information. The compliance
screen should show one inventory due (INVIP) and the date letters of authority
expire (LOAI) for each personal representative.
If the estate has been ordered “supervised” add two ACC (accounts) to the
compliance screen, showing due dates of one year +56 days and two years + 56
days:
On the compliance screen, select “ADD”
Subject / As To = 1
Party Type = REP
Sequence No. = 1 (or corresponding number to each PR)
Monitored Action Code = ACC (account)
Target Date = one year + 56 days from date of Letters
Status Code = P (pending)
Click OK
Verify an account shows due in one year + 56 days. Copy that account and
adjust to be due in two years + 56 days.
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Shelve File.
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Creating an Electronic Case File (opening in eNact)
If the petition meets acceptance standards, the case information needs to be entered into eNact.
Conduct a name search in eNact to determine if there are any other open or closed cases for this ward;
make a note of any related case numbers.
Click on New Case; when the screen comes up, type PRP; hit enter. Next type information into the
following fields:
Case Type:
DE (unsupervised – by application or petition)
OR
DA (supervised)
OR
PE (Petition for Assignment)
Judge:
Decedent’s Name:
Decedent’s SS #:
Decedent’s DOB:
Decedent’s DODeath:
FAJA (Judge Connors)
First, Middle, Last (in separate fields)
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
MM/DD/YYYY
MM/DD/YYYY
Representative or Guardian:
Attorney (if any representing PR):
Proposed PR’s Name:
PR’s Phone Number:
$XXXXX ($ sign followed by P-number in the GNC field)
First, Middle, Last (in separate fields)
XXX-XXX-XXXX
Qualification Information – will be added to Party Screen for proposed Personal Representative only:
Auto MA Group:
IP (unsupervised)
OR
SP (supervised)
OR
Leave Blank if PE case
Case Information:
Classification Type:
Filing Dates:
Petition:
Status:
Status Date:
Linked Case:
TEST (filed with a Will or a Will is on file in a WSP case)
OR
INTE (filed without a Will)
TODAY’S DATE
OPEN
TODAY’S DATE
FULL CASE NUMBER (IF ANY) [e.g. PRP-12-225 CA]
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(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. In PE cases, determine the inventory fee:
GO TO “Admin” Folder on the left column of eNact, open “Fee Calculator”
Fee Calculation Code:
FEES
Estate Value Amount:
Total dollar amount listed on Application
Click OK
Make a note of the amount shown next to “calculated fee.”
In the Receivables screen, type in the following fields:
Petition and Order for Assignment / Small Estate:
Amount:
Enter total amount due ($39 plus inventory fee)
Amount Details:
CFFF:
25
CERT:
12
CPY:
2
Full Estate (supervised or unsupervised):
Amount:
Enter total amount due ($150 + $14 for certified Letters–may be paid later)
Amount Details:
CFFF:
150
CERT:
12
CPY:
2
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge or the petition is being filed by a governmental agency and therefore the fees are waived,
go to the Docket screen and make a FREE entry saying such (“Affidavit and Suspension of Fees granted
on xx/xx/xxx” or “No fees charged as petitioner is the Public Administrator”).
You should now be on the Filing Screen. A case number will appear in the Case-ID field. Write the case
number on the petition (top right corner) and all other documents, including the Will if any.
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Return to the Master screen; Click CHANGE (at the bottom of the page); re-enter the last four digits of
the ward’s social security number (000-00-XXXX). Click OK.
Adding Parties:
Go to the Party screen and you should see entries for the proposed Personal Representative (PR) and
his/her Attorney (if any). First, add the PR’s Attorney a second time. Click ADD and enter information in
the following fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P-number)
Associated with:
REP
(ENTER)
If there are any other parties who have requested notice of proceedings or any other attorneys listed in
case filings, enter Click ADD and enter their P-number and / contact information (Name, Address, Phone
Number) and any relevant notes at the bottom of the screen (ie. Veteran’s Administration).
Recording Entry of Additional Documents:
Go to the Docket screen and enter receipt of the following documents (if attached to the petition):
DEC
Death Certificate (type date of death)
IPA
Application for Informal probate and /or Appointment of Representative
LWT Last Will and Testament (type how many pages in Will)
RRA
Renunciation of Right to Appointment (type name of person who signed – more than one
may be included)
TES
Testimony to Identify Heirs and Devisee Heirs
TSS
Supplemental Testimony to Identify Nonheir Devisees
AOT
Acceptance of Appointment (include name of person who signed)
NOH Notice of Hearing (add “sent / handed to petitioner [or petitioner’s attorney]”)
To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found OR
CC
Companion Cases – and add case numbers
Print a screen shot of the Search Results screen; place it in the non-public file.
** If all Required Documents Have Been Submitted – PE Cases and DE – Application cases only:
Prepare the paper file and submit to Referee for review and decision. No events are scheduled. See
Petition and Order for Assignment or Application for Informal Probate and / or Appointment of PR for
instructions.
In cases that begin with a Petition (DE or DA), if all Required Documents Have Been Submitted –schedule
the initial event before the Judge (for instructions see: Scheduling the Event).
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If there are Missing Documents for any filing:
If the petition is not accompanied by any required document (signed Acceptance of Appointment,
proposed Order, proposed Letters) prepare missing document letter listing the missing documents and
giving a due date of 28 days. Send the letter to the petitioner and schedule the following event on the
Event Screen:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Have missing documents been received?”
Click OK (you may have to click OK two or three times)
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PR's Responsibilities:
Inventory
Following Acceptance of Trust (AOT), the personal representative must file an Inventory (PC577) within
91 days. Upon receipt of the Inventory, the Clerk will generate an invoice in eNact for the
estate/inventory fee (Form Type: “BILL”; Form No.: “WA” with additions or “00” without additions).
1. Calculating the Estate Fee:
On the left column of eNact, click the “Admin” folder and select “Fee Calculator;”
Fee Calculation Code = FEES
Estate Value Amount = (amount listed as total on inventory form)
Click “OK”
Make a note of the amount listed in the “Calculated Fee.”
2. Recording Receipt of Inventory
On compliance screen, select “INVIP” and click “change”
Subject/As to = 1
Received Date = date received
Status = Change the “P” to an “R”
Click “OK”
On docket screen, click “ADD”
Code (1) = INV
Date = T (today)
Account = DUM
Amount (Under “Associated Funds”) = (amount listed as total on inventory form)
Click “OK” twice (you may have to reenter the Amount)
3.
Posting the Receivable and Printing a Bill
You are now on the Receivables Screen:
Amount = Calculated Fee (rounded to the nearest dollar)
TC Code = ESFEE
Action Date = date of AOT
As to = REP
Party Type = PR
Type = EFEE
Click “OK”
On the document generation screen:
Form Type = BILL
Form No = 00
Printer = (your eNact printer code i.e. PCTH)
No of Copies = 2
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Click “Print”
Select Representative and Attorney (if applicable)
Click OK
4. Send one copy of the bill to the Personal Representative and his/her Attorney and place one
in the public file.
5. Place one copy of the inventory (not the bill) in the basket in the Supervisor’s office [Effective
3/1/2013, PRs may deduct the amount of the mortgage owed on the decedent’s primary
residence; copies of inventories are collected to garner that data].
Amended Inventories
Occasionally a PR will file an amended inventory – having found more assets or revising the value of
previously reported assets.
If the amount on the amended inventory is lesser than the original inventory AND the estate fee
has already been paid, no refunds are given.
If the amount of the amended inventory is lesser than the original inventory and the estate fee
has NOT yet been paid, a revised estate fee is calculated, the original receivable voided and
replaced with the new amount.
If the amount of the amended inventory is greater than the original inventory, calculate the
estate fee on the total value reported on the amended inventory, subtract the previously
determined estate fee and prepare an invoice for the balance left (if the original inventory fee
has been paid) or the total amount due. For example:
Inventory
First Inventory
Amended Inventory
Value Listed on Inventory
$100,000
$150,000
Estate Fee Owed
$362.50
$425.00
If the initial $362.50 was paid, the total balance now owed is $62.50 ($425 - $362.50 = $62.50).
If Supervised: Annual Accounts (DA)
If the case is a Supervised Administration, an Annual Account (pc 583 or pc 584), covering the 364 days
since the AOT is due 56 days past the end of the reporting period. Follow the same procedures as listed
for conservatorship cases:
Reviewing annual accounts see: Annual Account Procedure & Bright lining
Three year hearings see: 3 Year Hearings in Conservatorship Cases (NOTE three year hearings
are held by the Judge in DA cases)
Final Accounts see: Final Account - Proof of Transfer of Assets
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Occasionally a PR submits an account when the case is not supervised. In that instance, unless a petition
to allow the account accompanies the account, log receipt of the account on the register of actions only
and place the account in the paper file without brighliniing or preparing an order to allow.
Annual Notice of Continued Administration
In order maintain the case in good standing a PR must file a Notice of Continued Administration
(PC587)each year with 28 days after the anniversary of their appointment. Upon receipt of a Notice of
Continuing Administration, update eNact:
On the compliance screen, select “LOAI”
Click “change”
Subject/As to = 1
Extension Date = Target Date + one year
Under Status Code, change “P” to “EXT”
Click “OK”
On the Docket Screen, click ADD: NOCA (Notice of Continued Administration).
Two such extensions are granted automatically. Upon receipt of a third NOCA, schedule a Hearing on
Review (HOR) before the Deputy Register/Referee.
Requirement to Publish for Creditors
The Personal Representative must publish notice of the decedent estate to potential creditors unless the
decedent has been dead for three years or more; the value of the estate assets are fewer than $21,000
(the amount of assets that qualify for a petition and Order for Assignment); or the estate is being closed
under summary proceedings. Publication must occur four months before the case is closed in order to
allow time for claims to be submitted and resolved.
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Proper Closing Procedures
Sworn Statement to Close Unsupervised Estate (pc591)
A notarized Sworn Statement to Close (pc591) is the most common proper way for a PR to notify the
court that they have fulfilled their duties as PR and ask the court to close the estate administration.
Upon receipt of a Sworn Statement to Close, verify that the estate fee has been paid and that
publication has occurred (if required) and update eNact:
On the Docket Screen, click ADD:
SST
Sworn Statement to Close
28DAY File to close in 28 days
Twenty-eight days following the receipt of a Sworn Statement to Close, if no party files an objection, the
Clerk (or attorney) prepares a Certificate of Completion (pc 592), and submits the file to the Deputy
Register/Referee for review. Once signed, a copy of the Certificate of Completion (regardless of who
prepared it) is sent to the PR’s attorney or the PR if no attorney. Update the compliance screen on
eNact, click “adjust”
Primary = 1
Party Type = “REP”
Sequence No = 1
Adjustment = “CIC”
Effective Date = date received (T)
Click “OK”
This action will close the eNact case, showing “discharged” on the compliance screen and closed on the
docket screen. On the compliance screen, if the LOAI shows as overdue, change status from “P”
(pending) to “W” (waived). The Clerk will send a copy of the Certificate of Completion to the PR and
his/her Attorney, place the original documents and a printed copy of the Register of Actions in the file,
stamp the file “CLOSED” and shelve the file.
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And select each outstanding LOAI and click CHANGE, marking them R received. On the docket screen,
ADD CLO closed.
For instructions to close the paper file see: Closing the Electronic and Paper Case Files.
Sworn Statement to Close - Summary Proceedings (pc590)
Closing the estate through Summary Proceedings may be used if the value of the estate, less liens and
encumbrances, does not exceed the administration costs and expenses, reasonable funeral and burial
expenses, homestead allowance, family allowance, exempt property, and reasonable and necessary
medical and hospital expenses of the decedent’s last illness.
Upon receipt of a Sworn Statement to Close – Summary Proceedings (pc590) follow the procedures
listed above for Sworn Statement to Close Unsupervised Estate. The only difference is that in Summary
Proceedings publication to creditors is NOT required.
Petition for Complete Estate Settlement
In formally opened (supervised) estates, a Petition for Complete Estate Settlement, Testacy Previously
Adjudicated (PC 593) or Petition for Adjudication of Testacy and Complete Estate Settlement (PC596) –
along with an Order for complete Estate Settlement (PC595) may be submitted. Upon receipt of the
petition, order and $20 petition fee, schedule the event:
Update the Register of Actions:
PAC
Petition for Adjudication / Complete Estate Settlement
OR
PCS
Petition / Complete Estate Settlement / Testacy Adj
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Schedule the Event:
On the Event Screen: Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOP (Hearing on Petition)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition for Complete Settlement”
Click OK (you may have to click OK two or three times).
Write the date and time of the hearing in the Notice of Hearing presented by the petitioner.
Make one copy of the notice to be placed in the Court’s file and give/send the original back to
the petitioner for the petitioner to serve on Interested Parties. Go to the Docket screen, click
ADD, make a FREE entry with today’s date “NOH of sent / handed to petitioner (or petitioner’s
attorney).”
Following the hearing, if order granted update the register of actions (OCES Order for Complete
Estate Settlement). If the estate is not completely distributed when the Order for Complete
Estate Settlement is entered, the personal representative will have to submit evidence of final
distributions and obtain a separate order of discharge. Schedule a PRE file review in 28-35 days
to ensure receipt of distributions. Upon receipt, prepare an Order of Discharge (PC 597) and
submit to the Judge for signature. Update eNact and close the electronic and paper case files
(for instructions see: Closing the Electronic and Paper Case Files).
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Letters Expired / Notice of Intent to Close Estate Administration
If the PR fails to file a Notice of Continued Administration within 28 days of the date the letters expire, a
Notice of Intent to Close Estate Administration and Terminate PR’s Authority (pc589) is sent to all
interested parties, including bond holders and claimants. Set a PRE file review in no less than 63 days.
After 63 days, if no response is received (such as a Notice of Continued Administration, Sworn
Statement to Close, Petition to Removal of PR and Appointment of Successor) prepare a Memorandum
of Administrative closure, checking items #2 and #4a and present it to the Deputy Register for signature.
Once the Memorandum of Administrative Closure is signed, update the compliance screen on eNact,
click “adjust”
Primary = 1
Party Type = “REP”
Sequence No = 1
Adjustment = “ACL”
Effective Date = date memo signed (T)
Click “OK”
On the docket screen, ADD: CLO closed; send a copy of the memorandum of administrative closure to
all interested parties; print and place a copy of the register of actions in the paper file, stamp the file
closed, and shelve.
If the Estate Fee has NOT been paid (due within one year of appointment) and/or required Proof of
Publication has NOT been submitted, the Clerk shall send a Notice of Deficiency to the delinquent PR
and his/her Attorney giving 28 days to correct the deficiency. A PRE file review is scheduled in 28-35
days to ensure compliance and follow-up. If no sufficient response is received form the PR, a Show
Cause hearing is scheduled to be heard by the Deputy Register / Referee.
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Claims / Response to Claims
A person/entity that believes they are owed money from an estate may file a Statement and Proof of
Claim (pc 579) and proof that the claim was served upon interested parties (page two of the claim).
Upon receipt of a claim, and a $20 filing fee, update the register of action with SPC Statement / Proof of
Claim – ADD: from whom the claim is filed. There is no other action required except if a Notice of Intent
to Close or three year hearing on account is schedule, the claimant is an interested party and due notice.
If the PR files a denial of the claim, ADD: NDC Notice of Disallowance of Claim.
Petitions / Motions Following Appointment of PR
A variety of petitions/motions may be filed in decedent’s estate case, such as petition to approve
attorney fees, petition to withdrawal as counsel, petition to move from unsupervised to supervised
administration, or petition to remove PR and appoint a successor PR. In all instances, upon presentation
of the petition or motion AND a proposed order, schedule a hearing to occur before the Probate Judge.
Re-Opening Closed Estates
Estates may be re-opened by application (if not supervised before) or petition. The case is handled as a
new case, with a $150 filing fee, a new inventory (showing any newly discovered assets – not assets that
were already assessed), an inventory fee assessed on any newly found assets, and the same closing
procedures. Publication is not required a second time.
To re-open a closed electronic case file:
Docket Screen: Add REOP
(Case Reopened) and any additional documents filed (such as
petition, signed acceptance, Letters….)
Master Screen -- Click CHANGE at bottom of screen
Clear prior attorney’s P-Number and Name and add new attorney’s information, if different
Clear prior petitioner’s information and add new petitioner’s information, if different
Case Information: Change petition date to date new petition filed
Case Status:
REOP Date: Date new petition filed
When re-opening an estate, review the compliance screen and waive any old, outstanding, overdue
inventory or letter expiration (LOAI) dates.
Closing the Electronic and Paper Case Files
Update the Compliance screen:
Click ADJUST
Primary 001
Party Type
REP
Sequence #
Number on party screen corresponding to this fiduciary
Adjustment
CIC (closed with a Certificate of Completion)
DIS (closed by discharge order following petition for complete
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estate settlement)
ACL (following memorandum of administrative closure)
Effective Date Date of order / closure
Waive any outstanding Inventory (INVIP) and Letter Expirations (LOAI)
Select the item on the compliance screen and click CHANGE
Primary 001
Status Code
W
(Enter)
On Docket screen:
Click ADD
CLO
(closed)
&
ACL if applicable
(administratively closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
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Miscellaneous Decedent Estate Actions
In all of the following case types, the case name is the decedent (or presumed decedent) and the
petitioner and their attorney, if any, should be entered on the Master screen and appear on the party
screen. Wrongful Death Settlements and disappeared Heir actions occur within an active Decedent’s
Estate case and therefore there may be additional parties (such as a PR or competing heirs) on the case.
Ancillary Proceedings for Nonresident Decedents
When a decedent resided in another state and owned property in Washtenaw County, if there is no
open decedent’s estate case in Washtenaw County, the Personal Representative appointed in the state
of residence may file authenticated copies of the personal representative’s appointment (in the other
state – referred to as a Foreign PR) and of any bond (in the other state’s case), along with Notice of
Ancillary Administration Filing (PC 619) and a $20 filing fee to obtain certain specific authorities in
Michigan. Upon receipt, open a case file using the case type code ML and submit file to the Deputy
Probate Register / Referee for review. Once the Notice of Ancillary Administration Acceptance has been
signed by the Register/Referee, update eNact Register of Actions and disposition code (GTD), provide a
copy of the acceptance to the foreign PR, and close the case file. [Though the filing of a Notice of
Ancillary Administration does confer certain powers to a PR appointed in another state, it does not start
a local administration of the estate (no inventory, publication, closing documents are required in
Michigan).
If an application or petition for local administration of the estate is filed and granted, the powers of the
foreign personal representative are terminated except to the extent that the court permits the foreign
personal representative limited powers to preserve the estate.
Swearing-In PRs Appointed in Another State
Occasionally a Washtenaw County resident is appointed as a personal representative in another state
and that state’s court requires the PR to take an oath of office administered by their local Probate
Register. Upon receipt of documents, including the oath of office and the document to be signed by the
Register, open a case file using case type code ML, charging a filing fee of $7. Call the Deputy Register /
Referee to see if she is available to swear–in the petitioner. If no immediate response from the Deputy
Register / Referee, schedule a hearing (HOR) on her next regularly scheduled Thursday afternoon docket
(there are no interested parties to require notice of hearing) and inform the PR of the date and time the
oath will be delivered.
Following the hearing, update eNact disposition code (GTD), provide a copy of the document signed by
the referee to either the court requesting the oath or the PR (as requested) and close the case file.
Determination of Heirs (as a Separate Proceeding)
Any person may commence a formal proceeding to determine intestacy and heirs without appointment
of a personal representative by filing a petition and a sworn testimony form sufficient to establish the
decedent’s domicile at the time of death and the identity of the interested persons. Upon receipt of:
PC 553 - Petition to Determine Heirs, Separate Proceedings
PC 565 – Testimony to Identify Heirs
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PC 554 – Order Determining Heirs, Separate Proceedings
PC 562 - Notice of Hearing
PC 564 - Proof of Service (due at time of hearing)
Death Certificate
$150 filing fee
Open a case file using case type code DH and schedule a hearing before the Judge.
Interested persons are the presumptive heirs of the decedent, and the petitioner must serve notice of
hearing on them by personal service or by mail. If an interested person’s address or whereabouts are
not known, the petitioner must serve notice on that person by publication and must file an Affidavit or a
Declaration of Inquiry (PC 617). If there are no known heirs, the Michigan Attorney General must be
served.
Following the hearing, update eNact disposition code (GTD or DISM) and register of actions, provide a
copy of the signed order to the petitioner’s attorney, or petitioner if no attorney, and close the case file.
Examination of Decedent's Safe Deposit Box
Before a personal representative is appointed, any interested person may petition the probate court to
open a safe deposit box in the county where the box is located to look for a will or burial deed. Upon
submission of a Petition and Order to Open Safe Deposit Box to Locate Will or Burial Deed (PC 551) and
a death certificate/record, open a case file using case type code (ML), charge of filing fee of $10, and
submit the petition to the Deputy Probate Register/Referee for review. Upon signature on the order,
update eNact disposition code (GTD) and register of actions (DBO: Order to Open Safe Deposit Box),
provide one certified copy of the order to the petitioner or petitioner’s attorney, if any, and set a PRE
file review in 21-28 days.
Within seven days of opening the safe deposit box, the petitioner (or person named in item #3 in
petition if different) shall file a Safe Deposit Box Certificate and Receipt (PC 552) – signed by all persons
present when the box was opened, including a representative of the bank. If a will or burial deed was
found, it shall be submitted with the certificate to the probate court. The certificate and the will and/or
burial deed will be routed to the Deputy Probate Register / Referee for signature on the receipt at the
bottom of the certificate. Update eNact (DBC: Safe Deposit Box Certificate / Receipt) and send a copy
of the certificate/receipt to the bank and the petitioner. If a will was found, open a Will with No Assets
case (for instructions see:
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Will Filed After Death / Will with No Assets). The will is now a public document and therefore available
for review and copying. Once a personal representative is appointed, the PR has full access to the safe
deposit box.
Interested persons in a Petition to Open Safe Deposit Box to Locate Will or Burial Deed include an heir, a
devisee, a child, a spouse, a creditor, a beneficiary, an incumbent fiduciary, and any other person that
has a property right in or claim against the estate of a decedent; a person that has priority for
appointment as personal representative; and a fiduciary representing an interested person.
Wrongful Death Settlement
A wrongful death settlement may come about if the circumstances of death of the decedent lead to civil
litigation resulting in monetary compensation to the decedent’s estate. If a wrongful death action is not
pending (meaning no lawsuit pending in circuit court) and the parties have reached an agreement to
settle the matter, the personal representative of the estate must petition the probate court for approval
of the settlement and authority to distribute the proceeds. A petition to approve wrongful death
settlement will occur within a Decedent’s Estate case; hearings are set before the Judge: and the
amount of the settlement is not required to be included on a supplemental inventory (no inventory fee
is required to be paid on an asset that did not exist at the time of the individual’s death).
Required Documents:
Self-drawn petition;
Proposed Order – may reference a settlement as attached – but the settlement may be
presented in the courtroom and not made part of the public file in order to protect
confidentiality; and
Notice of Hearing (must include the name and address of the PR and his/her attorney and
instructions on how/when to make a claim).
Notice of the hearing on the petition to approve the settlement is given to the decedent’s heirs,
claimants whose interests are effected, and all other persons who may be entitled to wrongful death
damages. Persons who may be entitled to wrongful death damages include the following:
The decedent’s spouse, children, descendants, parents, grandparents, brothers and sisters, and,
if none of these persons survive the decedent, those persons to whom the estate of the
deceased would pass under the laws of intestate succession determined as of the decedent’s
date of death;
The children of the decedent’s spouse;
Devisees under the decedent’s will, except those whose relationship with the decedent violated
Michigan law, including beneficiaries of a testamentary trust, those who are designated in the
will as persons who may be entitled to wrongful death damages, and the beneficiaries of the
decedent’s living trust if there is a devise to that trust in the Will.
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If an interested person is a minor, incapacitated individual for whom a fiduciary is not appointed (no
guardian or conservator has been appointed), or has disappeared, the court will appoint a GAL.
Establishing a Decedent's Death in Unusual Circumstances
In cases of death by accident or by disaster where a decedent’s remains are not recoverable or
identifiable, a Petition to Establish Death of Accident or Disaster Victim (PC 549) may be filed 63 days or
after the accident/disaster by the medical examiner, sheriff, prosecutor of the county where the
accident/disaster occurred, or by the decedent’s spouse, next of kin, heir, devisee, nominated personal
representative, creditor, or debtor.
Venue is where the accident occurred (if in Michigan) or the county where the presumed decedent’s
domicile is located. Such a case is opened using ML case type code, with a filing fee of $150 (waived if
the petitioner is a governmental agent).
If death is not established by any means, a presumption of death arises at the end of an unexplained
absence of five years. During the five-year period a conservatorship may be established to manage the
missing person’s assets. At the end of the five year period, a formal petition to establish death may be
filed. Upon receipt of such a petition, open a case file using case type code ML and schedule a hearing
before the Judge more than four months away (unless proof of publication is submitted with the
petition). Notice that determination of presumed death is being sought must be published once per
month for four consecutive months before the hearing on the petition. This is meant to give the
supposed decedent the chance to come forward and contest the petition if he or she is in fact still alive.
Following the hearing, update eNact disposition code (GTD or DISM) and register of actions, provide a
copy of the signed order to the petitioner’s attorney, or petitioner if no attorney, and close the case file.
Funeral and Burial Arrangements
A person’s next of kin is given priority to make funeral and burial arrangements. Occasionally when
there are conflicts among heirs or the next of kin cannot be located or chooses not to exercise their
rights, the authority falls to the decedent’s guardian (if applicable), the personal representative of the
estate, a special personal representative, the county public administrator, or the medical examiner, in
that order. [A person not in the line of priority may petition in circuit court to seek the authority to
make the funeral and burial arrangements].
Most often these petitions are submitted by the county administrator – asking for authority to dispose
of the body (ML case type) or to be appointed as special personal representative (DE case). Venue is
where the individual lived at the time of death. Hearings must be scheduled to occur within 7 business
days (regardless of who petitions); notice is to be served on the next of kin with the highest unless the
court orders that service not be required. There is no filing fee if the petition is submitted by the county
administrator.
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Following the hearing, if authority to dispose of the body is granted, update the Master Screen
disposition code (GTD); enter the order on the register of actions; provide one certified copy of the
order to the petitioner, of the petitioner’s attorney if any; and set a PRE file review in 28 days to ensure
receipt of proof of proper disposal.
Disappeared Heirs
When the whereabouts of an interested person in a decedent estate case is unknown, notice is given
through publication. In formal proceedings (petitions) publication occurs before the hearing. In
informal proceedings (applications) publication occurs just after appointment of the PR.
Estate administration can proceed without the missing heir as the missing heirs’ funds can be deposited
with the county treasurer or the court may appoint a conservator or issue a protective order to
safeguard the funds for the missing heir.
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TRUST FILES
There are three kinds of Trust Files (with three case type suffixes):
TR
TT
TV
Trust Registration - All requests to register a trust
Trust, Testamentary - All trusts that take effect on the death of the settlor
Trust Inter Vivos - All trusts which are operative during the lifetime of the settlor
Trust cases may be filed to address a single issue (e.g. replacing a trustee / petition for instructions
/obtain court approval of the trust for a developmentally disabled person) supervised by the court
(requiring inventory and annual accounts). When reviewing the order following hearing, look for key
words “case closed;” supervision;” and “supervision for the purposed of this petition” as indication of
next steps (case closure of supervision). Consult with the Deputy Register if the order has no clear
instructions.
Interested Parties
Generally the Interested Persons in a Trust proceeding are:
The qualified trust beneficiaries affected by the relief requested;
The holder of a power of appointment affected by the relief requested;
The current trustee; I
In a proceeding to appoint a trustee, the proposed trustee;
The trust protector, if any;
The settlor of a revocable trust; and
Persons entitled to be reasonably informed as referred to in MCL 700.7603(2) if the petitioner
has a reasonable basis to believe the settlor is incapacitated. MCR 5.125(C)(33).
Interested persons in the modification or termination of a non-charitable irrevocable trust are:
The qualified trust beneficiaries affected by the relief requested;
The settlor:
Settlor’s representative as referred to in MCL 700.7411(6), if the petitioner has a reasonable
basis to believe the settlor is an incapacitated individual;
The trust protector, if any;
The current trustee; and
Any other person named in the terms of the trust to receive notice of such a proceeding.
For proceedings concerning the examination of trustee accounts, the interested persons are [MCR
5.125(C)(6)]:
Devisees of a testate estate, and if one of the devisees is a trustee or a trust, the persons
referred to in MCR 5.125(B)(3);
Heirs of an intestate estate;
Protected person and presumptive heirs of the protected person in a conservatorship;
Ward and presumptive heirs of the ward in a guardianship;
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Claimants;
Settler of a revocable trust;
If the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, those
persons who are entitled to be reasonably informed, as referred to in MCL 700.7603(2);
Current trustee;
Qualified trust beneficiaries described in MCL 700.7103(g)(i), for a trust accounting; and
Other persons whose interests would be adversely affected by the relief requested, including
insurers and sureties who might be subject to financial obligations as the result of the approval
of the account.
For a petition for approval of a trust, the interested persons are [MCR 5.125(C)(28)]:
The protected individual if 14 years of age or older;
The presumptive heirs of the protected individual;
If there is no conservator, a person named as attorney in fact under a durable power of
attorney;
The nominated trustee; and
A governmental agency paying benefits to the individual to be protected or before which an
application for benefits is pending.
Required Documents at Case Filing
Petition (self-drafted)
Proposed Order (self-drafted)
Notice of Hearing
Proof of Service (required at time of hearing)
Filing Fee:
$25 for Registration of Trust
OR
$150 for Petition
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Creating the Electronic File & Scheduling the Event
If the petition meets acceptance standards, the case information needs to be entered into eNact.
Conduct a name search in eNact to determine if there are any other open or closed cases for this Trust
(it is common for trust cases to be opened and closed several times as new issues are brought to the
court for resolution). If a closed case is located, re-open the prior trust case file (see instructions below);
otherwise click on New Case; when the screen comes up, type PRP; hit enter. Next type information
into the following fields:
Case Type:
TR
TT
TV
Judge:
FAJA (Judge Connors)
Primary:
Trust Name:
Attorney:
Name of Trust (e.g. Shaw, Tyler Trust) ***
Last Name = Last Name
First Name = First Name + Trust
Attorney for Trust / Trustee
** There is no Representative or Guardian
** There is no need for Qualification Information at this time (it will be added if supervision ordered
Filing Dates:
Petition:
Status:
Status Date:
Linked Case:
TODAY’S DATE
OPEN
TODAY’S DATE
FULL CASE NUMBER (IF ANY)
(Press ENTER)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
Amount:
Enter total amount due ($150 or $25)
Amount Details:
CFFF:
150 or $25
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
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Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
If the Petitioner has filed an affidavit and suspension of fees and been granted an order to suspend fees
by the Judge, go to the Docket screen and make a FREE entry “Affidavit and Suspension of Fees granted
on xx/xx/xxx.”
You should now be on the Petition Maintenance screen. A case number will appear in the Case-ID field.
Write the case number on the petition (top right corner) and any other documents.
Adding Parties:
Go to the Party screen and you should see entries for the Trust and Trust’s Attorney, if any. Add any
other relevant parties, such as petitioner (PET); or attorneys (ATTY or ATTP). Click ADD and enter
information in the following fields:
Party Type:
ATTY
P-number:
$XXXXX ($ sign followed by P-number)
Associated with:
PET (for Petitioner)
OR
INP (for Interested Party)
(ENTER)
Repeat for each party
Scheduling the Event:
In other trust cases (TT and TV), schedule the first hearing - go to the Event screen; Click ADD and enter
information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
HOP (Hearing on Petition)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY
In military time (i.e. 1300 = 1pm)
Directive:
“Petition for xxx [fill in title of petition]”
Click OK (you may have to click OK two or three times)
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Write the date and time of the hearing in the Notice of Hearing presented by the petitioner. Make one
copy of the notice to be placed in the Court’s file and give/send the original back to the petitioner for
the petitioner to serve on Interested Parties.
Go to the Docket screen, click ADD, and record the filing of all documents, such as
NOH
Notice of Hearing (add “mailed/handed to petitioner [or petitioner’s attorney]”)
Pet
Petition (ADD – title of Petition)
FREE
Noting any additional documents
To document your search for prior and open cases, on the docket screen type
IC
Inquiry for Open/Companion Cases / None Found OR
CC
Companion Cases – Add: case numbers
Print a screen shot of the Search Results screen; place it in the non-public file.
If There are Missing Documents:
If the petition is not accompanied by any required document (proposed Order or filing fee) prepare a
Notice of Deficiency listing the missing documents and giving a due date of 28 days. Send the Notice of
Deficiency to the petitioner and schedule the following PRE file review event:
Judge / Caseworker:
Judge:
FARP (Referee Owdziej)
Event Details:
Event:
PRE (Probate Register File Review)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (1pm Friday not less than 28 days away)
1300 (1pm)
Directive:
“Have missing documents been received? (specify which document)”
Click OK (you may have to click OK two or three times)
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Registering Trusts (TR)
Registering a Trust may only be filed by a trustee of the trust. Registration DOES NOT require a hearing
or an order. Once the file is opened (see: Creating the Electronic File & Scheduling the Event) and the
$25 fee paid, update eNact disposition code (GTD) and close the case file.
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Creating the Case File Jacket
Obtain a blue file folder and select the numbered sticker that corresponds with the case number
obtained in eNact.
File Label – Labels should be printed or typed in the following manner and placed on the public and nonpublic file folder tabs:
1st line: Last Name, First Name and Middle Initial; Full Case Number (MHP-XX-XX-DD)
2nd line: Date of Birth (DOB: XX/XX/XXXX)
Organize the Public File:
Two-hole punch the petition and all supporting documents
Place documents in public file (petition is the first document followed by Notice of Hearing
and all subsequent documents in order of preparation / receipt (including any
correspondence with petitioner regarding missing documents).
Place labeled tab on petition, noting “Pet” or “Petition”
Clip proposed order inside the file, tabbing the Judge’s signature line
GAL Appointments
In Trust cases, a Guardian Ad Litem is only appointed if the court determines it is necessary. Therefore a
GAL is not appointed at case initiation.
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Following the Hearing
Adjourned / Continued
Verify the next event has been scheduled by the Reporter.
If the docket notes include an instruction to appoint a Guardian ad Litem for any person, prepare an
order appointing (PC 642) the attorney assigned for the adjourned date; obtain signature from
the deputy probate register; deliver (fax) the order and the petition to the attorney / GAL;
record the attorney's name in the directive of the adjourned event (GAL for XXX = XXX) and on
the register of action (code: GAL, ADD name of attorney and for whom appointed GAL).
Shelve the file.
Granted or Dismissed
Process Order:
Prepare a certified copy of the order and mail it to:
The petitioner’s attorney or the petitioner (if no attorney)
Any person removed as a Trustee.
Update eNact
Register of Actions:
ORD Order – add title of order; text of order; and distribution (i.e. XXX appointed or
removed; signed by Judge Connors on ____; mailed to ___ on ___)
If the Judge grants the petition pending some action by the Guardian, the Clerk will schedule a File
Review control date (Friday at 1pm - using code PRE) to ensure compliance (for instructions see: Set PRE
for Follow-Up).
Disposition Code:
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
DISM
Dismissed
DEN
Denied
CLOS
Closed (if petition withdrawn)
Date:
Date of Hearing
Supervision Ordered:
When the case has been ordered supervised the compliance screen must be activated. Verify person
ordered to submit accounts appears on the party screen as REP. If not, add their name, address, and
phone number if necessary.
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Under Qualification Information:
Auto MA Group CV
Type:
AOT (even though there is no acceptance of trust form)
Date:
Date of Order
Open Compliance Screen and verify an Inventory (INV) appears as due in 56 days and at least two annual
accounts (ACC) appear – the first account due in one year + 56 days.
If supervision is not ordered and the subject of the petition is resolved at the initial hearing, the case is
closed. When a case is supervised, case closure is precipitated by the submission of a Final Account and
typically a petition to allow the final account or a petition to terminate supervision.
To close the file:
On Docket screen:
Click ADD:
CLO
(closed)
Verify the case is closed. There should be a red flag noting “closed” at the top of the docket screen.
Stamp the file “closed” and re-shelve.
Re-Opening the Trust File
If the petition meets acceptance standards, first conduct a name search in eNact to determine if there
are any prior cases for this trust. If there is a prior now-closed case, re-open that case file. The filing fee
remains $150.
To re-open a closed electronic case file:
Docket Screen:
REOP (Case Reopened)
PET
(Petition – ADD specific title of petition)
PSV
Proof of Service (due at time of hearing)
NOH Notice of Hearing
FREE Proposed Order
Add any other documents
Master Screen -- Click CHANGE at bottom of screen
If Petitioner or Petitioner’s Attorney have changed:
Clear prior attorney’s P-Number and Name and add new attorney’s information
Clear prior petitioner’s information and add new petitioner’s information
Case Information: Change petition date to date new petition filed
Case Status: REOP
Date: Date new petition filed
Clear Disposition Code and Date (to be updated [GTD/DISM/DEN] post-hearing)
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CIVIL CASES (CZ FILINGS)
Civil actions in probate court include the following:
An action against another filed by a fiduciary and
An action filed by a claimant after notice that the claim has been disallowed.
The probate court has exclusive jurisdiction over actions that involve settlement of a trust. The probate
court has concurrent jurisdiction (meaning the petitioner may file in probate court OR in civil court) over
Actions against a distributee of a fiduciary of an estate to enforce liability that arises because
the estate was liable upon a claim or demand before distribution of the estate;
Claims by or against a fiduciary for the return of property; and
Contract actions by or against an estate, trust, or ward.
A civil action is commenced by filing a Summons and Complaint (MC01). Service on the defendant must
occur within 91 days of filing with the court and the defendant has 21 days (or 28 days if served outside
of Michigan or by registered mail) to file an answer or responsive motion). The party requesting that
the summons be issued is responsible for service and the complainant must file a proof of service in
order for the complaint to remain valid (see page two of summons and complaint). If the complainant
requests permission to serve by publication, consult the Deputy Register for instructions.
A counterclaim, cross-claim, and third-party complaint must be filed along with the answer. A
defendant may file a motion to extend the time to file a responsive pleading. The defendant also has
the option of filing an answer demanding a reply. MCR 2.110(B)(5). Absent a counterclaim or an answer
demanding a reply, the plaintiff has no obligation to file further pleadings.
Upon receipt of a Summons and Complaint:
Open a case on eNact using the ML case type code [it will be CZ when Tyler/Odyssey is
implemented];
Create a paper file, using a blue file folder;
Insert the case number on the Summons and Complaint and complete the Summons portion in
the middle of page one:
Insert
Today’s Date
Insert Date =
Today + 91 days
Sign Your Name Here
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Make five (5) copies of the Summons and Complaint with the court seal; give four to the
complainant and secure one in the court’s paper file. There is no additional fee for the certified
copies.
Set a PRE file review in no less than 120 days (91 days for service plus optimum 28 days for
response) to ensure follow up if no proof of service or answer filed (case will be closed).
Upon receipt of an answer, cross-complaint, counter-claim, or third-party complaint:
Log document on Register of Actions
ANS
Answer
CMP Complaint
Contact the Judge’s Judicial Attorney for a date and time for a status conference (no less than 21
days from receipt of answer to allow time for plaintiff’s response to answer). Schedule event
and notify parties of the date and time of the conference.
On the Event screen; Click ADD and enter information in the following fields:
Judge / Caseworker:
Judge:
FAJA (Judge Connors)
Event Details:
Event:
STC (Status Conference)
Schedule for:
Event Date:
Event Time:
MM/DD/YYYY (general Tuesday afternoons)
In military time (i.e. 1300 = 1pm)
Directive:
“Conference with JA”
Click OK (you may have to click OK two or three times)
Prepare FNOH Free Notice of Hearing, inserting “Status Conference” as event title. Send copy,
noting requirement to attend, to complainant’s attorney (or complainant if no attorney) and
defendant’s attorney (or defendant if no attorney).
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WILLS
Wills for Safe Keeping
Residents of Washtenaw County may file their Wills with the Probate Court in order to assure their final
wishes are accessible when they die. They may file a codicil to their Will (addition instructions);
withdraw the original Will and substitute an entirely new Will; withdraw the Will altogether, or leave it
in our safe keeping. These files are confidential during the resident’s lifetime.
A Will may be filed by the Testator (subject of the Will) or the Testator’s Attorney with a $25 filing fee
(an additional $25 filing fee is charged for each new version submitted but no fee is charged to withdraw
the Will). The Will must be presented in a sealed envelope with the following information recorded on
the outside of the envelope:
Full Name of the Testator
Complete Home Address
Last four (4) digits of Social Security Number
Date of Birth
Creating the Electronic Case File:
Conduct a name search in eNact to determine if there are any other Wills on file.
Click on New Case; when the screen comes up, type WSP; hit enter. Next type information into the
following fields:
Case Type:
WT
Judge:
FAJA (Judge Connors)
Ward’s Name:
First, Middle, Last (in separate fields)
Ward’s SS #:
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
Ward’s DOB:
MM/DD/YYYY
Case Information:
Classification Type:
SAFE
Filing Dates:
Petition:
WILL:
Status:
Status Date:
TODAY’S DATE
TODAY’S DATE
OPEN
TODAY’S DATE
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Linked Case:
(Press ENTER)
FULL CASE NUMBER (IF ANY)
Filing Screen
(no Rep/Guardian information is included)
Entering Fees and Processing Payment:
You are now on the Receivables screen. Type in the following fields:
Amount:
$25
Amount Details:
CFFF:
$25
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Then enter the name of the person making the payment and the amount of the payment. Click OK. Record case
number and the receipt number on the check.
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Updating the Register of Actions (ROA):
Add the codes: WSK LAST WILL AND TESTAMENT FILED FOR SAFEKEEP
Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
Date:
Date Filed
Case Status:
Code: CLOS
Date: Date Filed
Securing the Will:
Record the case number on the outside of the envelope and file securely in the Will room in numeric
order by case number.
Adding a Codicil:
If the testator wants to add a codicil to the original Will, search eNact records for the case number, add
CLW Codicil to Last Will on the Register of Actions.
Record the case number on the sealed envelop of the codicil (assuring the Testator has recorded their
name, date of birth, address, and last four digits of their social security number on envelope); file the
codicil by attaching it to the originally filed Will in the Will room.
Withdrawing, Exchanging and/or Opening a Will Held for Safekeeping:
A Will may be removed from Safekeeping by:
The testator – upon presentation of their Driver’s License or other form of governmental picture
ID;
A person with permission of the testator – presenting a notarized Authority to Release Will for
Safekeeping (PC 548);
Anyone upon presentation of the testator’s death certificate.
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On Register of Actions:
WW Will Withdrawn by – [add testator or attorney’s name]
Retrieve Will and turn it over – still in the sealed envelope. If the person files a
completely new Will (at this time or later), open a new case file and follow the
procedures above.
WWDE Will Withdrawn / Deceased / Estate Open or Family Inq
Retrieve the Will, open the envelope and place the Will in the new Decedent’s Estate
case file or if no PE/DE case, open a new WSP case file, following the instructions below
for opening a Will with No Assets (including sending the Will out for microfilming). Once
the Will is opened, it becomes a public document and it may be copied and certified as a
replication of the document in the court’s possession upon request [and payment]
(keeping the original Will in the Court’s possession). Close the WSP (Safekeeping) case
on eNact.
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Will Filed After Death / Will with No Assets
When a person dies, their attorney or a family member may come to the Court to file their Will. WE call
these cases “Wills with No Assets” and prefer to have a statement that the person had no assets to
probate, but that is not required.
Conduct a name search in eNact to determine if there are any other Wills on file and if so, retrieve the
Will and update that case file in eNact (that the Testator is now deceased and the Will has been
opened). To open the new Will with No Assets case: Click on New Case; when the screen comes up,
type WSP; hit enter. Next type information into the following fields:
Case Type:
Judge:
Ward’s Name:
Ward’s SS #:
Ward’s DOB:
Ward’s DOD:
Case Information:
Classification Type:
Filing Dates:
Petition:
WILL:
Status:
Status Date:
Linked Case:
(Press ENTER)
WT
FAJA (Judge Connors)
First, Middle, Last (in separate fields)
000-00-XXXX (insert all nine digits and go back later
and update to show last four digits only)
MM/DD/YYYY
MM/DD/YYYY
DECE
TODAY’S DATE
TODAY’S DATE
OPEN
TODAY’S DATE
FULL CASE NUMBER (IF ANY)
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Record the case number on the Will and other documents.
Updating the Register of Actions (ROA) – Docket Screen:
IC
Inquiry for Open Cases / None Found
OR
CC
Companion Case [Add Case numbers}
LWT Last Will and Testament [add number of pages in Will]
CLW Codicil to Last Will (if applicable) [add number of pages of Codicil]
ANA Affidavit of No Assets
DEC
Death Certificate [update with date of death]
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Update the Master Screen, Case Status:
Disposition Code:
GTD
Granted
Date:
Date Filed
Case Status:
Code: CLOS
Date: Date Filed
Record the Case Number on all documents. Staple the documents together and place in the
Microfilming Basket. Periodically, Civil Records Management Division staff will pick up the basket,
microfilm the Wills, and return to the Probate office – recording a microfilm reference number on each
Will. On the Docket Screen – using a FREE code entry – add “Will and documents placed in basket for
microfilming.” Once returned, update the eNact Will entry (LWT), adding the microfilm reference
number.
File Storage:
Wills with No Asset paperwork are not placed in file
folders and instead the paperwork is stapled together
and stored in numeric (case number) order in
according files, several per year.
To locate an Old Will:
1828-1899 – State Archives
1899-1965 – Microfish (by year and alpha order)
1966-1985 – File Cards / Micorfilm
1986-current – Paper Files
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OTHER MISCELLANEOUS PROBATE CASE FILINGS
Advance Directives Proceedings
Challenges to Established Power of Attorney
A person may establish a Power of Attorney, appointing someone to act on their behalf financially under
specified circumstances. Agents, persons appointed in the power of attorney, are interested party in
probate protective proceedings. Challenges to the activities or validity of the Agents / Power of
Attorney may come to the probate court in two ways:
1. A Petition to Require, Hear, or Settle an Accounting of an Agent with respect to an estate of a
decedent, a protective individual, ward, or a trust. Such a petition would be open using ML case
type code; set for hearing with the Judge; and require notice (by the petitioner) of the following
interested parties:
The principal (subject of the Power of Attorney)
The agent (attorney in fact – person with Power of Attorney)
Any fiduciary of the principal
The principal’s guardian ad litem or attorney
The principal’s presumptive heirs
2. A Petition to Appoint a Conservator. A conservator has the same power to revoke or amend the
power of attorney that the principal would have had if he or she were not disabled or
incapacitated. Therefore, if the agent is not acting in accordance with the terms of the power of
attorney or is not acting in the best interests of a now-incapacitated principal, a conservatorship
may be sought (follow the same procedures as with any other petition for conservatorship).
Challenges to Established Patient Advocate
An individual may appoint a patient advocate to exercise powers concerning the individual’s care,
custody, and medical and mental health treatment following the individual’s inability to make medical or
mental health decisions. If a dispute arises about:
1. The patient’s ability to participate in medical or mental health treatment decisions,
2. About whether a patient advocate’s actions are consistent with the patient’s best interests, or
3. About whether a patient advocate is complying with statutory requirements
any interested person or the patient’s attending physician may file a petition requesting the probate
court’s determination. Disputes about the patient advocate’s actions in complying with the either the
wishes of the patient or the law are typically seen in conjunction with a Petition to Appoint Guardian of
a Legally Incapacitated Individual (see PC625 item #5). These are handled in the same way as any other
guardianship, but will frequently be presented and supported as emergency petitions.
Upon receipt of a petition regarding whether the individual is capable of participating in medical /
mental health decisions, regardless of whether coming in as part of guardianship or another form of
petition, the court must:
Appoint a GAL (for instructions see: Appointing Attorneys / GALs
Hold the hearing within seven (7) days
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Challenges to Do-Not-Resuscitate Orders
An individual may execute a do-not-resuscitate order to direct that if the individual suffers cessation of
both spontaneous respiration and circulation in a setting outside of a hospital, a nursing home, or a
mental health facility owned or operated by the department of community health, resuscitation will not
be initiated. A person interested in the welfare of the individual who has reason to believe that an order
has been executed contrary to the individual’s wishes may petition the probate court to have the order
and the conditions of its execution reviewed. Such a petition would be opened using ML case type code;
a filing fee of $150; and set for hearing with the Judge. Such a petition would most likely be brought
with a request for emergency hearing, otherwise standard notice of hearing and service of the petition
would apply (and include the spouse, adult children or heirs if no adult children, the facility providing
care to the proposed ward and anyone else determined by the court).
Marriages
The Probate Judge may perform marriages, including secret marriages and marriages of youth under the
age of 18. A $10 fee is charged for each marriage performed by the Probate Judge (which may be
waived by the Judge if the parties are shown to be indigent or otherwise unable to pay); an additional $3
fee is charged for each secret marriage.
To process the payment(s):
On eNact, open the most recent “Miscellaneous Financial Transactions” dummy case file for probate
payments (currently ZPP-00-104-ZP). Open the Receivables Screen and type in the following fields:
Amount:
$10
Amount Details:
MARRFEE:
10
SECMARR:
3 (if secret marriage)
Click PAY and enter Payment Type:
Check
CHEK
then, check number
Credit Card
CRED
then, last four digits of credit card number
Cash
Enter the name of the person making the payment and the amount of the payment. If a SECRET MARRIAGE,
enter the person’s initials only (to protect their anonymity). Click OK. Record case number and the receipt
number on the check, if appropriate, and provide a receipt to the customer.
Secret Marriages
Copies of secret marriages are provided to the state registrar for public health. Both the state and the
probate court records are confidential and are only available for viewing with a written request and
proper proof of identification from one or both of the parties in the marriage. The written order of a
Michigan circuit court judge designated for a specific use may also be used to gain access to review
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these otherwise private files. Violating this secrecy by court staff may result in a misdemeanor charge,
punishable by a fine of $25-$100, plus costs of prosecution, and/or 3 months’ jail.
In response to an inquiry about obtaining a secret marriage, provide the caller the Judge’s Judicial
Assistant’s contact information and route the call to him/her.
Persons Under Marriageable Age
Marriageable age is 18, or age 16 with parental consent. The probate judge can marry people under
marriageable age without publicity if the application for the license includes:
A written request (if both parties are underage) from their biological/adopted living parents,
and their guardian(s) if either or both of the parties’ parents are dead OR
(If only one party is under age) the written request of the parents or guardians of the party
under marriageable age.
The same fees and requirements applicable to secret marriages also apply to underage marriages.
Record of Marriage Performed by Retired Probate Judge
Retired Probate Judges may perform marriages and that Judge will take care of all paperwork and filing
the marriage license with the County Clerk. The Probate Clerk office is only responsible for collecting
the $10 filing fee. To process the payment(s):
On eNact, open the most recent “Miscellaneous Financial Transactions” dummy case file for probate
payments (currently ZPP-00-104-ZP). Open the Receivables Screen and type in the following fields:
Amount:
Amount Details:
MARRFEE:
$10
10
Click PAY and enter Payment Type:
Check
CHEK
Credit Card
CRED
Cash
then, check number
then, last four digits of credit card number
Enter the name of the person making the payment and the amount of the payment. Click OK. Most often the
Judge will deliver several fees at a time. If a customer is available, record case number and the receipt number
on the check, if appropriate, and provide a receipt to the customer. It is not necessary to keep any copies of
paperwork submitted with the payment.
Application Regarding Lost Deed, Mortgage, or Other Instrument
An application regarding a lost deed, mortgage, or other instrument affecting title to real estate
affecting land in two or more counties which was lost or destroyed after being recorded in one county,
but before being recorded in all counties, may be filed in the probate court of the county where the real
estate is situated and the instrument has not been recorded. Any party interested in a lost instrument
may apply for an order to record a duly certified transcript of the instrument in the county where the
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instrument was not recorded. Upon receipt of such an application open a case using ML case type
code; schedule a hearing to occur before the Judge and obtain service by publication (this is the court’s
responsibility) – serving notice of the application, the time and the place of the hearing for three
successive weeks in the Washtenaw Legal News.
If the application is granted by the Judge at hearing, attached a certified copy of the order to the
instrument (subject of the application) and send it to the County Clerk / Register of Deeds.
Application to Compel Support of Poor Person
The Department of Human Services (DHS) in the county where the poor person resides can apply for an
order to compel support, with the advice and assistance of the prosecuting attorney. Applications to
compel support of a poor person are done in order to provide aid to someone who has otherwise been
left unassisted by relatives (spouse or parent) and cannot sustain his/her life on his own. Once the
application has been filed, notice must be given to necessary parties, which include any relatives who
may be liable for support. Such a petition would be open using ML case type code; set for hearing with
the Judge; and require no filing fee (as he petitioner is a governmental agency).
Kidney Donation by Minor
A minor-petitioner must be at least 14 years of age to donate a kidney to a prospective done and the
kidney may only be the donor’s parents, children, or siblings. Petitions may be filed by the donor’s
guardian, parent, spouse, child, or other next of kin. The donee cannot file the paperwork on behalf of
the donor.
Upon receipt of such a petition:
Open a case using ML case type code;
If the donor does not have a guardian, appoint a GAL to protect the donor’s interests. The GAL
will conduct an investigation before the hearing and file a written report of the investigation
with a recommendation;
Schedule a hearing with the Judge;
Notice of the hearing is to be given by the court. Send notice to the donor, the donor’s guardian
or GAL, the donor’s relatives (parents, children, next of kin), the prospective done, and anyone
else as directed by the Judge or Probate Register/Deputy Probate Register.
The donor must be present at the hearing and examined by the court. The court can enter an order
authorizing the anatomical gift if they can determine that the donor is sufficiently of sound mind to
understand the needs/consequences of the gift to the donor and the recipient, and it is determined that
that the donor agrees with the gift.
Uniform Transfers to Minors Act Proceedings
In certain circumstances, a person may petition under this act (MCL 544.531) to request transfer of
assets to a minor occur without court supervision (opening a minor conservatorship case). Jurisdiction is
where the probate court for the county in which a minor resides. Upon receipt of such a petition (there
is no SCAO form so the petition will likely be titled “Petition to transfer under the Uniform Transfer to
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Minor’s Act”), open a case using ML case type code; charge a filing fee of $150; and schedule hearing on
the Deputy Register/ Referee’s docket.
Following the hearing, review the order carefully. Unless supervision or a next step is ordered, the case
is likely closed. Update eNact Disposition Code (GTD); the Register of Action (ORD – and specify); and
close the case. The compliance screen is activated only if supervision was ordered.
Drain Appeals
The local government of a township, city, or village may file an appeal of the drain commissioner’s
decision regarding the necessity or denial of the necessity of a drain. Upon receipt of such a case, open
a case file using the ML case type code and schedule a hearing before the Judge.
Appeals by other people who feel aggrieved by a determination of necessity or lack of necessity of a
drain are to be filed in the circuit court (MCL 280.72a). Disputes over assessments are heard by the tax
tribunal (MCL 205.731).
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Emancipation
Emancipation may be filed by a minor between the ages of 16 and 18 in attempt to obtain legal
authority to make their own decisions. The minor must show they are able to care for themselves
without the assistance of parents or others and must have at least one professional person sign an
affidavit (as part of the petition) asserting why they believe emancipation is in the best interest of the
minor. The following professionals may sign the affidavit: a doctor, nurse, member of the clergy,
psychologist, family therapist, certified social worker, social worker, social worker technician, school
administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider.
Interested Parties
1.
2.
3.
4.
The Minor
The Minor’s Parents
The affiant on an affidavit supporting emancipation
Any guardian or conservator.
Required Documents at Case Filing
Required Documents on Petition for Emancipation:
Petition for Emancipation, Affidavit, and Waiver of Notice (PC100)
Order Following Hearing on Petition for Emancipation (PC101)
Summons (PC79)
Certified copy of Birth Certificate (will not be returned)
$150 filing fee and a $12.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
Required Documents on a Petition to Rescind Emancipation:
Petition to Rescind Order of Emancipation (PC102)
Order Following Hearing on Petition to Rescind Order of Emancipation (PC103)
Proof of Service (if not jointly filed by all parents and minor)
$150 filing fee and a $12.00 certification fee or Affidavit for Waiver/Suspension of Fees (MC20)
Creating the Electronic and Paper Case Files – Scheduling the Event and Serving Notice
If the petition meets acceptance standards (petition is complete, including signature of the minor and
notarized signature of the affiant), the case information needs to be entered into eNact. Conduct a
name search in eNact to determine if there are any other open or closed cases for this ward; make a
note of any related case numbers. Open the case file using PRP as the prefix and EM as the case type
suffix code.
Schedule the initial hearing for the Deputy Register / Referee
Using the summons provided, the Clerk shall serve notice of the hearing and the petition on all
interested parties.
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MENTAL HEALTH - See Mental Health Manual /September 2013
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IV.
ACTIONS APPLICABLE TO MULTIPLE CASE TYPES
Adjournments / Stipulations & Orders
Adjournments – If a party telephones the court and requests and adjournment at the preliminary inquiry
level, obtain the reason why they are requesting the adjournment, check eNact to see if they have
previously requested an adjournment, and verify that they can appear on the next scheduled date.
-
Contact Referee Altenburg via email and state the case name, number, and reason for
adjournment request and provide the date that the party has agreed to appear. If Referee
Altenburg grants the adjournment, telephone the party back, schedule the hearing and send a
new notice of hearing.
At the Pretrial level, either the Prosecutor or Defense Attorney can make an adjournment request
through a stipulation. The party requesting the adjournment is responsible for notifying all parties.
At the Disposition level, probation officers can submit a cherry slip to have the hearing rescheduled or
the Defense Attorney can make the request.
Stipulations – If parties file a stipulation, please make a free entry in eNact and route upstairs to the
appropriate referee to see if they agree with the stipulation. Once it has been signed off, schedule the
hearing date using the date selected by parties and enter the stipulation in the register of actions.
Internal Request: A completed Cherry Slip must be prepared and signed by the requesting party. If a
probation officer is requesting the adjournment, the Cherry Slip must be initialed by their supervisor.
The probation officer is to submit the Cherry Slip to the front window. Once the request has been
approved by a referee, the Cherry Slip will be submitted to the clerical office. A clerk will file stamp it,
prepare a Notice of Hearing (NOH) and mail copies of the NOH to all parties. Next, the clerk will update
the eNACT docket screen with the information from the Cherry Slip and schedule the hearing in eNACT.
The clerk is to place a checkmark in the upper right-hand corner of the Cherry Slip and NOH, file stamp
the NOH and file both in the legal file.
External Request: The party requesting the adjournment must prepare a Stipulation and Order Granting
Adjournment and obtain the necessary signatures from the other parties. The order is to be given to the
Administrative Coordinator for referee/judge signature. Once the request has been sign by a Referee,
the Administrative Coordinator will submit the Stipulation and Order Granting adjournment to the
clerical office. A clerk will file stamp the order, make copies of it and mail them to the parties. The clerk
is to update the eNACT docket screen with the information from the order, enter the date in eNACT,
place a checkmark in the upper right-hand corner of the original order and file it in the legal file.
If the requesting party is not represented by counsel, he/she must speak with the prosecutor regarding
the adjournment. In the event the prosecutor doesn’t object to the adjournment, he/she will prepare a
Stipulation and Order of Adjournment and submit it to the Administrative Coordinator.
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Motions – If a party files a motion at the counter, please make a free entry in eNact that it was received
and route it upstairs to the appropriate referee to see if they will hear the matter. Once it has been
signed off, schedule the hearing date and enter the motion on the register of actions. There is no charge
for juvenile motions, and most probation motions have a $20 fee.
Juvenile motions are set on Mondays or Wednesdays at 9 or 10 AM on FAR1 using the code JMOS for
juvenile, and NMOS for neglect. Probate motions are set on the Judge’s docket date of Thursday
mornings, and are usually calendared using HOP for hearing on petition.
On the Probate side, adjournments can come from the courtroom, the bench, parties to the
proceedings, etc. The Judge’s office will typically sign an order adjourning the matter and the new date
is then rescheduled in eNact. The clerk enters the order adjourning, reschedules the hearing, and then
mails to parties. From time to time, the Judge’s office will send an email or message requesting that a
matter be adjourned.
Amending Letters
From time to time, circumstances may warrant amending letters. In these instances, new letters are
prepared with the words “Amended” at the top of the form PC633, and the correct information is added
to the letters. The acceptance of trust date is not changed and the date remains the same as when the
original letters were issued.
Amended letters are requested when a guardian has a name change, or if there is an error in the original
letters issued. In these instances, the party shall present new letters for signature with the changes or
corrections. Parties should be charged for the new letters accordingly.
Appeals
Review of referee recommendations: on juvenile matters parties have a right to request that a judge
reviews the referee recommendations. This request must be submitted in writing on a form JC42. This
request must be filed with the court within 7 days after the conclusion of the inquiry or hearing or
within 7 days after the issuance of the referee's written recommendation, whichever is later. If you
receive a JC42, make a free entry in eNact stating that it was received, and update the entry with the
date that the party is requesting a review of the decision. Alert the hearing officer via email of the
request, pull the file and route the file and request to the Referee Coordinator. She will coordinate with
the Judge’s office and then return the decision once the Judge has reviewed the case. She also sends
out the order portion once a decision is made. When it is returned to the office, enter ROR on the
register of actions and it will populate: REQUEST AND ORDER FOR REVIEW OF REFEREE
RECOMMENDATION, and update the entry with the Judge’s ruling; indicate who was sent a copy of the
order – this information should be on the bottom right hand side of the form.
Juvenile appeals are handled through the Court of Appeals in Grand Rapids, Michigan. Upon entry of an
order terminating parental rights (JC63), the clerk processing the file mails the order to the parent along
with an Advice of Rights (JC44). Should the parent choose to appeal, they must fill out the request for
court appointed attorney form and file it with the court within 14 days of receipt. Within 14 days of the
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filing of the request, an order appointing counsel or denying the appointment of counsel must be signed
by a Judge.
Once the Claim of appeal and Order Appointing Appellate Counsel (JC84) is signed, a copy must be sent
to the appointed counsel, along with a copy of the original opinion and order terminating rights and a
copy of all docket entries. A copy of the order appointing appellate counsel must also be sent to the
appellant (parent), the appellate Division of the Prosecutor’s Office, DHS, and the child’s LGAL. A copy
of the order must be filed in the legal file. A docket entry should also be made (CLA) indicating that the
claim of appeal and order was filed and updated stating who was appointed and who received a copy of
the order. A copy of the order, opinion, order terminating rights, and docket entries must also be
served on the Michigan Court of Appeals. A Proof of Service (JC12a) must be prepared and attached to
the Claim of appeal (JC84). On the proof of service, indicate who was served and whether it was served
via US mail or personal service. A copy of the Proof of Service must be placed in the legal file, and a
docket entry (PSV) made.
Probate Appeals - Within 21 days, a respondent may indicate – in writing – their desire to appeal the
order [there is no specific SCAO form for this notification]. Appoint an attorney (PC628) for the purpose
of meeting with the respondent and filing necessary paperwork. Update eNact with a FREE entry
[respondent notification of intent to appeal] and ATP – insert name of attorney.
Upon receipt of Claim of Appeal (MC55) from the attorney (original filed in Circuit Court), consult
supervisor to obtain the name of an attorney on the court’s appellate attorney list and prepare an Order
Regarding Appointment of Appellate Counsel and Transcript (CC402). Once the Order is signed by the
Judge, serve a copy on the respondent, attorney, prosecutor, original petitioner, CSTS, and courtcontracted transcriptionist.
Within 7 days, the transcriptionist will file a Certificate of Ordering Transcript (MC501) and will file a
Notice of Filing Transcript (MC02) – along with the transcript of the hearing(s) – within 56 days. Upon
receipt, prepare an Order of Transmittal/Certificate of Records to Transmit Record on Appeal (MC57)
and deliver the [signed] Order of Transmittal, a copy of the file, the transcript, to the Circuit Court, Civil
Division, within 14 days. Serve a copy of the Order of Transmittal to the respondent, his/her appellate
attorney, and the prosecutor.
Appointing Attorneys / GALs
Probate Process
In many situations, upon the filing of an initial petition or a petition to modify or terminate, the Court
must appoint either a lawyer to act as Guardian ad Litem or to act as Attorney for the [proposed] ward.
Guardian ad Litem’s inform the [proposed] wards of their rights, the purpose of the hearing, and
investigate and report to the Court – making a recommendation in regards to what is requested in the
petition. An attorney is appointed to represent the ward, providing legal advice and assistance, if the
ward objects to the petition or if the ward initiates the petition.
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When to Automatically Appoint an Attorney or GAL (prior to the first hearing)
At any point in the process, the Judge or Referee may order the appointment of a lawyer act as attorney
or l-gal.
Who to Appoint and the Appointment Order
The Court maintains an approved court-appointment list (G:\PROBATE\ATTORNEY GAL LIST).
Appointments are made in rotations of five cases, based on the date of the next hearing. Attorneys on
the Probate appointment list may be appointed as GAL or as Attorney. Appointments are made using
the Order Appointing Guardian Ad Litem / Attorney/ Lawyer-Guardian Ad Litem form (pc642):
Fill in the case number and case name
#1 –
Mark either Lawyer-Guardian ad Litem or Attorney (as appropriate)
#2 –
Insert the Lawyer’s name, address, and phone number
Check Lawyer-Guardian ad Litem or Attorney (as appropriate) – should match #1
For ________ insert name (most likely the ward / proposed ward)
In respect to ________ (insert type of proceeding (i.e. Petition for Appointment
of Guardian
IF Appointing an L-GAL:
Check box #3
Check box #4 and due date (Thursday before hearing, unless
holiday, then last day open before the holiday)
Check box #5
Insert the Judge’s name and P-number below the signature line and forward to the
Judge for signature.
Update the Probate Attorney Appointment spreadsheet located at G:\PROBATE\ATTORNEY GAL LIST.
Once the order is signed, update eNact:
Docket screen:
Click Add –
If L-GAL appointed – GAL (update adding name of lawyer appointed)
If Attorney appointed – APT (update adding name of lawyer appointed)
Update Event screen Directive with lawyer’s name and role (ATTY or GAL)
Once L-GAL report is submitted, update Docket screen:
Click Add – AGL (Acceptance of Trust and GAL Report Filed)
Recording GAL/Attorneys on eNact
To assure that the lawyers involved in a case as GALs or Attorneys for respondents, fiduciaries, and
interested parties are easily identifiable in the case management system and on the printed docket,
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while maintaining a historical record of lawyers who were appointed and discharged in the course of the
case.
I.
When Court Appoints GAL or Attorney for Ward – in all case types (PRP and MHP)
a. Record type of appointment and name of lawyer in Directive Section on Event Screen
(e.g. GAL: Larry Lawyer) and on the Register of Actions (Docket Screen)
b. If hearing is continued, adjourned, or a future review is scheduled and attorney/GAL has
not been discharged, be sure to include the type of appointment and the name of the
lawyer in the next event screen.
c. When the Judge discharges (by order) a GAL or Attorney, record the order on the
Register of Actions.
II.
When an Attorney Represents a Petitioner or other Non-Ward Party
a. The Attorney must file an appearance – however that appearance can take the form of
any pleading (petitions, motion, answer….) or a formal appearance. You should be able
to tell whom the attorney represents by the type of paperwork they are filing. However
if it is unclear, ask.
b. Record the Attorney’s name and P number on the Party Screen using code ATTY (ATTY
will cause the name to appear on the left column of the docket) and add to the Register
of Actions (Docket Screen). Record who the attorney represents within the notes
section of the party screen.
c. Attorneys listed on the party screen will receive notices of deficiencies and hearings.
The Attorney will continue to receive notices until and unless a substitution is granted or
the Attorney is permitted to resign.
d. Upon discharge/release, delete the former Attorney’s name from the Party Screen and
note the dismissal/removal on the Register of Actions.
APPOINTMENT OF ATTORNEY/LGAL (24-HOUR HEARING)
DL Matters: When the court receives a new petition for a minor being held in detention on a new
offense (not a PUO or PV), the court pre- appointments counsel to represent him/her at the 24-hour
Preliminary Hearing. An email is sent to I-pdj staff inquiring if the PD's office is available to represent the
minor at a 1:30 hearing that day. The following information needs to be included in the email:
Minor's name and date of birth
Case Number
Charge(s) and next hearing date / time
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Parent(s) name and date of birth (if available)
Name(s} of Victim(s)
Name(s) of Co-respondent(s)
If the PD's office is able to accept the appointment, an appointment order and standard pretrial order
I:\Juvenile Forms & Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL ORDER.doc are
prepared and placed in the PD's mailbox along with a copy of the petition. Next, the attorney
information is added to the docket and party screens on eNact and the file information is added to the
Attorney Appointment database found on the Juvenile M: drive.
NA Matters: When the court receives a new petition for matters where children have been removed
from their home on a take and place order, the court pre-appointments a Lawyer-Guardian Ad Litem to
represent the child(ren) at the 24-hour Preliminary Hearing. An email is sent to I-pdj staff inquiring if the
PD's office is available to act as LGAL for the minor at a 1:30 hearing that day. The following information
needs to be included in the email:
Child{ren)'s name and date of birth
Case Number
Date, time, and type of next hearing
Parent(s) name and date of birth (if available)
Which parent is a respondent
Name of DHS Caseworker
If the PD's office is able to accept the appointment, an appointment order (JC 03) and standard pretrial
order I:\Juvenile Forms & Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL ORDER.doc
are prepared; stamped with the Judge’s signature stamp; and a copy placed in the PD's mailbox along
with a copy of the petition. Next, the attorney information is added to the docket (ATP – Add the
Attorney’s name [Public Defender] and DIS [Pretrial Order and Discovery]) and party screens (ATTY – fill
in blanks) on eNact, and the file information is added to the Attorney Appointment database found on
the M: drive.
If the PD's office is unable to represent the child in either a DL matter or act as L-GAL in a neglect matter
or represent a parent in the neglect matter, the person making the appointment will contact the Legal
Defense Group PLC by calling Kim Moore at 222-8084 (or email at [email protected]) and
include the reason why the PD cannot represent. . If the LDG has a conflict, the person making the
appointment will call Erika Julien at the Julington Litigation Center PLLC at 272-3200
[email protected]). An appointment order JC 03) and standard pretrial order I:\Juvenile Forms &
Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL ORDER.doc are prepared and faxed to
the contract attorney along with a copy of the petition.
In most instances, the PD will be appointed to represent the child in an NA matter, LDG will be
appointed to represent the mother, Julington will be appointed to represent the first father. The second
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father or any conflicts will be appointed from the appointment list. An appointment order, standard
pretrial order I:\Juvenile Forms & Information\MISCELLANEOUS ORDERS-FORMS\JC-00 PRETRIAL
ORDER.doc and a copy of the petition will be faxed to the appointment attorney.
In a DL matter, the PD will be appointed to represent the first respondent, LDG to represent the second
respondent and Julington to represent the third respondent. If there are more than three codefendants, or any group has a conflict, then an attorney(s) will be appointed from the list.
The attorney information is then added to the docket and party screens on eNact, and the file
information is added to the Attorney Appointment spreadsheet found on the M: drive.
Case File Jacket Organization - Creating Paper Files
Pull appropriate file folders
Juvenile – Juvenile legal files are pre-numbered. Be sure to pull the public and non-public files that
correspond with the case number obtained in eNact.
Red – Delinquency Public file
Blue – Neglect Public file
Lavender - Non-Public File for DL and NA
Brown – Probation files – Probation files do not have file number stickers (the file number is
only placed on the typed label).
Probate – Probate files require pulling the file(s) and the numbers separately. Identify the color of the
public file needed, pull that file and then select the numbered sticker that corresponds with the case
number obtained in eNact. Non-public files do not have the file number stickers (the file number is only
placed on the typed label).
Probate Public Files:
Blue – Trusts (TT and TR)
Green – Mental Health (MI and DD)
Lavender – Decedent Estates (DE, DA, and PE)
Orange – Conservatorship (CA and CY) and Protective Order (PO)
Red – Guardianship (LG, GM, GA)
Probate Non-Public Files:
Non-Public Files are the Manila Folders – and are used in Conservatorship (CY, CA, and
PO) and Guardianship (LG, GA, GM, and DD) Cases; place “NON-PUBLIC FILE” sticker on
outside of file and label on tab.
Prepare Labels – Labels should be printed or typed in the following manner: on the first line: Last
Name, First Name, Middle Name; Full Case Number PRP-XX-XXX-GM); second line: Date of Birth (DOB:
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XX/XX/XXXX ) or Date of Death (DOD: XX/XX/XXXX ) (DE and DA only). Labels shall be placed on public,
non-public, and probation files.
Organize the File:
Two-hole punch petition and all supporting documents
Place public documents in public file (birth certificate or death certificate is first document
followed by petition in a Probate case) and non-public documents (birth certificates are not
public in neglect cases) in non-public file (see public v. non-public document section below)
Place labeled tab on all petitions “Pet” or “Petition”
In Juvenile Cases –
o Place extra copies of the petition loosely in the file
In Probate Cases –
o clip proposed orders/letters to inside of file
o Stamp Judge or Referee Name under signature line (as appropriate)
o Place “sign-here sticker” at signature line
In Juvenile Cases:
Place the social file in the legal file and place in numerical order on the file shelf. The probation file is to
be placed in alphabetical order in the file cabinet located in reception – unless it is a CSC case, in which
case it to be put in the CSC supervisor’s mailbox.
In Probate Cases:
The next step is determined by the type of case and the situation:
PE cases – the legal file is placed in the Probate Referee’s basket.
Application for Unsupervised Estate - the legal file is placed in the Probate Referee’s basket.
Petition for Probate – once the hearing is scheduled the file is shelved.
GM / LG / CY cases – once the hearing is scheduled the file is shelved.
GA / CA / PO / DD cases – an attorney or GAL must be appointed. Once the order appointing is
drafted, the file is placed in the Judge’s signature basket.
Change of Address / Returned Mail
When fiduciaries and respondents change residences, they are required to notify the court of their new
address within seven days. If mail is returned to the court for a bad address or an investigator cannot
locate the Fiduciary, the Clerk/Investigator will conduct an internet search for the Fiduciary using free
search sites, as described in the “returned mail procedure” or “investigation policy” and will update the
eNact docket screen (Probate: FREE / Juvenile: RTM). If a different address is found, the Clerk shall
update the eNACT party screen and note the action on the docket screen (Probate: AFU / Juvenile:
FREE). If a new address is found by an investigator, s/he will highlight the new address in the
investigation report and the receiving Clerk will update eNACT. If the returned mail contains a notice of
hearing and the hearing date is within 16 days, to ensure proper notice (14 days when provided by U.S.
mail) the Clerk will reschedule the hearing and prepare and send new notices.
If a free internet search does not produce a good address, the Clerk will inform the Supervisor.
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Special Note: To change an address on the party screen, select the dot next to the party’s name and
click “change.”
In Juvenile: delete the incorrect address / phone information, type in the new address / phone
number and click “OK” at the bottom of the screen.
In Probate: delete the incorrect address / phone information and click “OK” at the bottom of
the screen. Select the entry again, enter the new address / phone number and click “OK” at t he
bottom of the screen.
Venue / Change of Venue
Juvenile Delinquency MCL 712A.2
If a juvenile is brought before the court in a county other than that in which the juvenile resides, before
a hearing and with the consent of the judge of the court in the county of residence, the court may enter
an order transferring jurisdiction of the matter to the court of the county of residence. Consent to
transfer jurisdiction is not required if the county of residence is a county juvenile agency and satisfactory
proof of residence is furnished to the court of the county of residence. The order does not constitute a
legal settlement in this state that is required for the purpose of section 55 of the social welfare act, 1939
PA 280, MCL 400.55. The order and a certified copy of the proceedings in the transferring court shall be
delivered to the court of the county of residence. A case designated as a case in which the juvenile shall
be tried in the same manner as an adult under section 2d of this chapter may be transferred for venue
or for juvenile disposition, but shall not be transferred on grounds of residency. If the case is not
transferred, the court having jurisdiction of the offense shall try the case.
Juvenile neglect/abuse & Adoptions
Case should be heard in the jurisdiction where the parent resides.
Probate
Decedent estates - Before you accept a filing, determine if the person was a resident of Washtenaw
County at the time of death or had property in Washtenaw County.
Guardianship – Where the ward resides or is found.
Conservatorship – Where the ward resides or is found.
TRANSFER OF JURISDICTION AND CHANGE OF VENUE
Juvenile Delinquency and Neglect Matters:
Incoming Cases:
Petition is reviewed by Referee.
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Enter petition in normal manner. If there are orders included in the transfer packet, enter them on the
ROA.
Run a copy of the entire package and place in the tray for the Prosecutor. Enter the case into eNact
If the petition is to be transferred to another jurisdiction, follow the procedure titled Transfer
Jurisdiction – Petition. If the petition is to be kept by this court, the case information needs to be
entered into eNact. Click on New Case; when the screen comes up, type DLJ; hit enter. Next, type
information into the following fields:
Case Type:
DL
Juv Name:
first name/middle name/last name/suffix (if applicable)
DOB:
month (two numbers)/day (two numbers)/year (four
numbers)
Date Filed:
today’s date
Status: Open
Status Date:
today’s date
Case Worker: If a minor is currently under supervision with a probation officer, enter their
initials, otherwise leave blank. If minor is on Diversion or Consent, do not enter the worker’s initials.
On the next screen, fill in the following fields with the information found on the petition and/or
complaint: Address, Sex, Race, Phone, City, State, Zip, School (ENTER). You should now be on the
Delinquency Petition Maintenance screen, and a case number will appear in the Case-ID field. Write the
case number on the petition.
Next, enter data into the following fields:
Petition Date:
Today’s date
Petition Type:
PET
Agency:
agency where officer works (i.e., WC - if Washtenaw County Sheriff’s
Department)
Case No.:
police report number
Prosecuting Jurisdiction:
enter the code corresponding to who prepared
the petition (i.e., Washtenaw County Prosecutor is
WC, Ypsilanti Township Prosecutor is YPT, etc.)
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Arrest Date:
if applicable
Arrest Time:
if applicable
Crime Track No.:
CTN on petition
Arresting Officer Name:
First and last, if known
Offense Date, Time, Location: (on petition or police report)
Charge Code:
PACC corresponding to the offense
You should now be on the Party screen. Update the juvenile information by including any identifying
characteristics listed on the complaint (i.e., hair color, eye color, height, weight, identifying marks). To
do this, click on the circle next to the juvenile’s name; then click on Change. This will allow you to enter
the additional information.
Next, the parent and/or guardian information needs to be entered. Click on Add and hit enter. The
following fields need to be filled in: Juvenile ID (A), Party Type (MOT for mother, FAT for father, etc.),
name, address, city, state, zip, phone. This needs to be done for each party.
If there are multiple offenses on one petition, return to the petition screen. Click on the circle next to
the minor’s name; then click on Add Count. This will take you back to the Delinquency Petition screen
and allow you to enter the additional offense(s). Enter the following information:
Count Number: 002 or 003 or whichever count it is
Offense Date, Time, Location: (on complaint or police report)
Charge Code: PACC corresponding to the offense (the PACC is listed on the face of the petition
(see diagram below): In this instance – the PACC is the code contained in brackets [333.74032B-A].
The next step is to set a preliminary inquiry, unless otherwise instructed by a referee (see instructions
on next page).
Next, send a notice of hearing to the minor and parent(s)/guardian. Prepare a JC45 Notice of
Hearing (found on the I drive: I:\Juvenile Forms & Information\NOTICES-SUMMONS-PUBLICATIONS\JC45 Notice of Hearing WITH PULL DOWNS.doc). A copy of the JC45 needs to be placed in the legal file.
On the computer Docket screen make an entry for the Notice of Hearing (NOH) and indicate who was
sent a copy. Date-stamp the forms and place a checkmark in the upper right-hand corner of each
document to indicate that it was entered on the computer.
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Outgoing Cases:
Enter case in eNact utilizing the procedure outlined above, except do not schedule a hearing date. Give
file to Supervisor to contact recipient county and verify that they will accept transfer.
Once approval is obtained, photocopy entire file and complete Certification of Record, form MC202 and
have Supervisor sign. Send original MC202 to recipient county.
Complete Order Transferring Jurisdiction, form JC29; use Judge Shelton’s signature stamp. Provide a
copy of the order to the Prosecutor and DHS if it is a neglect case, and copy for Prosecutor for
delinquency cases.
Mail entire packet via certified mail to recipient county.
Update eNact with appropriate docket entries:
Count/Petition screen: WAI
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Register of Actions: Update WAI entry with the name of the recipient county. Enter EXR for certification
of record, Enter ORD for the order transferring case, enter PSV and provide certified mail receipt
number. Copy register of actions for recipient county and send a self-address envelope so that they can
return a signed copy of the JC29. Enter CLO to close file. When complete the register of actions should
appear as shown below:
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JC29 and MC202 can be found on the I-drive in the Juvenile Folder – Miscellaneous.
Probate Matters – Change of Venue:
Incoming Petitions:
1) Verify that there is a current order in good standing – make sure that parties are not suspended.
2) Verify that they are current on their reports.
3) Enter case in the normal manner.
4) Prepare new letters and new acceptance of appointment for most recent Guardian or
Conservator.
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5) Flag the last order showing the current guardian or conservator.
6) Send the letters to the Judge to be signed.
7) Once letters are signed, send the Acceptance of Appointment to guardian or conservator with
form letter.
8) Set a PRE for 21 days to insure that the AOT has been received.
9) Once acceptance is received, send out new letters and update Party screen with the AOT
utilizing the date the letters were signed in previous county.
Out of State Incoming Petitions:
See descriptions listed above:
Ward moves to Washtenaw County from another State – incapacitated Individual
Ward move to Washtenaw County from another state – Minor Guardianship
Ward moves to Washtenaw County From Another State: - Conservatorship
Outgoing Petitions:
1) Copy entire file and complete Certification or Record, Form MC202. Recipient county receives
original MC202 – we keep a copy.
2) Complete Petition and Order for Change of Venue, Form PC608
3) Have PC608 signed by Judge.
4) Discharge the guardian or conservator.
5) On Register of Actions, enter the EXR and Petition and Order for Change of Venue.
6) Close case.
7) Make Free entry stating which county file is being sent.
8) Print two copies of ROA – one for recipient county and one for our file.
9) Write close on file.
10) Mail out package.
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Counter Duties
Staff working the front counter will be responsible for a variety of duties including, but not limited to the
following:
Accepting new petitions
Accepting court reports from DHS – must have one original for each case file, and report must
be signed.
Receipting credit card, cash and payments by check
Directing customers to the appropriate department
Providing instructions for filing documents
Providing paperwork packets for new petitions
Provide back-up to answering telephone
File room requests
Accepting routine document filings
Assist customers with microfiche searches
Assist Sheriff’s Department and Civil Process with pick up and drop off of personal service and
warrant requests
Bundle and tag mail for Facilities
Certify documents
Process Affidavit of Publication from the Legal News
Distribute and Receive Wills to the file room for microfilming
Docket Organization and Scheduling Events (Common Event Codes)
Special Scheduling Issues
To schedule the first hearing go to the Event screen; Click ADD and enter information in the following
fields:
Judge / Caseworker:
Judge:
CVCC (Judge Shelton)
FAJA (Judge Connors)
FAJC (Judge O’Brien)
FAR1 (Referees Altenburg & Owdziej – Delinquency - am)
FAR2 (Referee Schikora – Neglect/Abuse)
FAR3 (Referee Altenburg – Delinquency - pm)
FARP (Referee Owdziej – Probate)
**JUVENILE CASES ONLY
Defendant:
A (in all Delinquency Cases & Neglect post 2001)
? (pre-2001 neglect may have numerous children per
case – each designated with a letter)
Parcel / Petition Number:
Petition needing hearing (i.e. 001 for all original charges; 002 for 1st
violation or perhaps termination petition)
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** ALL CASES
Event Details:
Event:
EVENT CODE (see chart below)
Schedule for (selected date ***see below for “best available time option in juvenile cases):
Event Date:
MM/DD/YYYY
Event Time:
In military time (i.e. 1300 = 1pm)
Directive:
Short statement that describes the purpose of the hearing (eg. “PT as to Father”; “Petition
to Appoint Guardian for Minor,” “Review set by Bench on xx/xx/xxxx”).
In Probate cases, if an attorney or GAL has been appointed for respondent, the type of attorney and name
of the attorney should be typed in the Directive (eg. GAL: Larry Lawyer). If a hearing is continued,
adjourned, or a future review is scheduled and attorney/GAL has not been discharged, be sure to include the
type of appointment and the name of the lawyer in the next event screen.
Click OK (you may have to click OK two or three times for eNact to accept the entry)
Commonly Used Event Codes in Probate & Mental Health Cases
Code
HOG
Event
Hearing on Guardianship
Case Type
LG, GM, GA
Description
Initial, Pet to Mod or Term (FAJA)
Uncontested GM (FARP)
CY, CA
Initial, Pet to Mod or Term (FAJA)
Uncontested CY (FARP)
CY, CA, DA, DE, TT Pet to allow account
CY, CA
To allow every third account
Uncontested (FARP)
ANY PRP / MHP
Misc. Petition
ANY PRP / MHP
Review scheduled by hearing
officer
ANY PRP / MHP
Hearing - update directive with
hearing time, and add NOH to the
ROA
ANY PRP / MHP
As directed (FAJA)
HOC
Hearing on Conservatorship
HOA
HOA3
Hearing on Account
Three Year Review
HOP
HOR
Hearing on Petition
Hearing on Review
HEA
BTR
Hearing for Objections or any
other item that doesn’t have a
specific code
Bench Trial / Evidentiary Hearing
DDP
Developmentally Disabled Hearing DD, DD1
All DD hearings
Wednesday PM
6 at 1:30 PM, any overflow at
2:00 PM (no more than 6)
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(FAJA)
Training for new fiduciaries
2nd Friday at 2:00 PM for
Guardianship; 3:00 PM for
Conservatorship (FARP)
All Mental Illness Hearings
Wednesday AM depend on
Hospital (FAJA)
FIDO
Fiduciary Training Class
CY, CA, LG, GM,
GA
MHH
Mental Health Hearing
MI
MSD
Motion for Summary Disposition
ANY PRP / MHP
OSC
Order to Show Cause
ANY PRP / MHP
For deficiency matters, 1:30
PM (FARP)
Actual show cause 9:00 AM
(FAJA)
PRE
Probate Register Review
ANY PRP / MHP
PRR
SCJ
Probate Register Review
Settlement Conference
ANY PRP / MHP
ANY PRP / MHP
FTC
Final Settlement Conference
ANY PRP / MHP
STC
Status Conference
ANY PRP / MHP
Friday 1:00 PM File Review to
ensure compliance with orders
(FARP)
Thursday 9:00 AM (FARP)
w/Judge or Jennifer
as directed (FAJA)
w/Judge or Jennifer
as directed (FAJA)
w/Judge or Jennifer
as directed (FAJA)
TJ
Jury Trial
MI
CANC
Cancel an Event
ANY PRP / MHP
Monday 9:00 AM (FAJA)
Commonly Used Event Codes in Delinquency & Neglect / Abuse Cases
Code
JPIS
Event
Preliminary Inquiry
Case Type
DL, NA, TO
JPIC
Continued Preliminary Inquiry
DL, NA, TO
J24S
Preliminary Hearing
DL, NA
JPRC
Continued Prelim Hearing
DL, NA
Description
First hearing – child not removed
NA – FAR2 – Tues/Thurs 9 AM
DL – FAR3 – Tues/Fri 1:00 PM
most commonly used w/CSC
docket
2nd or 4th Friday of the Month at 9
or 10 AM - FAJA
24 Hour Hearing – child removed
DL or NA – 1:30 PM FAR3
Child remains removed
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DL or NA – 1:30 PM FAR3
JPTS
Pretrial
DL, TO
DL – FAR1 – Mon/Wed, 9 or 10
AM, In custody youth at 9 AM
JPTS
Final Pretrial
DL, TO
JPBS
Probable Cause hearing
DL
NPTS
Pretrial
NA
Directive: “Final Pretrial”
Judge Docket, as Directed
DL – Mon/Wed, 9 or 10 AM
Directive = “probable cause
hearing”
DL – FAR3 at 1:30 PM Mon – Fri
DL – FAR1 at 9 or 10 AM Mon /
Wed
Directive: indicate as to which
parent
NA – FAR2 – Tues/Thurs 9 AM
NPTS
Final Pretrial
NA
Directive: “Final Pretrial”
Judge Docket, as Directed
NA – Tues/Thurs, 9 AM
w/ Judge or Referee
Judge – as directed
DL – FAR1 – 1:30 PM Wed
w/Judge Connors or Referee
FAJA – as directed – be sure
Judge has had a pretrial
FAR2 – Tues/Thurs 1:30 PM
JBTS
Bench Trial
DL, TO
NAAT
Bench Trial
NA (not seeking
termination)
NATT
Termination Trial
NA
FAR2 – Tues/Thurs 1:30 PM
JJTS
Jury Trial
DL, NA
w/ Judge only (Shelton)
CVCC – 1st or 3rd Friday – 9 AM
JDSS
Disposition
DL, TO
FAR1 – Tues/Thurs 9 or 10 AM
JDSS
Deferred Disposition
DL
Directive: “Deferred Disposition”
FAR1 – Tues/Thurs 9 or 10 AM
NDSS
Disposition
NA
JRVS
Review
DL
FAR2 – Tues/Thurs 9:30, 10,
10:30 AM
As directed, FAR1 or FAR3
JRVS
Review of Placement
DL
NRVS
Review of Placement
NA
NPPS
Review/Perm Planning Hearing
NA
Directive: “Review of Placement”
As directed, FAR1 or FAR3
Directive: “Review of Placement”
As directed, FAR1 or FAR3
Directive: “Date of Last PPH”
FAR2 – Tues/Thurs 9:30, 10,
10:30 AM
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JDVC
JRL
Diversion Conference
Release of Parental Rights
DL
NA
JCOH
Competency Hearing
DL
JCVS
Court Order Violation Hearing
DL, TO
JPVS
Probation Violation Hearing
DL
JTPS
Post-Termination Rev / Perm Plan NA
JHRC
Cancel an Event
NA, DL, TO
JAWO
Cancel without a new date
NA, DL, TO
w/ Diversion Caseworker
As directed, FAR2
As directed, FAR3
FAR1 – Tues/Thurs 9 or 10 AM
FAR1 – Tues/Thurs 9 or 10 AM
Directive: “Date of Last Post
Term” FAR2 – Fri 10 AM
Updated ROA with reason for
cancellation
Update ROA with reason for
cancellation
In Juvenile Cases – Select Best Available Time:
On Event screen, under Schedule For section, click “best available time.” Insert number of days away
(i.e. “18” in the space for days away to allow sufficient time for notice by mail); click ENTER. Select best
choice (date and time) and highlight dot; click ENTER. The date and time will populate the Event screen.
Neglect/Abuse cases are scheduled on the half-hour – two families per half hour (which may mean there
are multiple cases scheduled in the half-hour time slot, but the parties should all be the same).
Delinquency cases are scheduled on the hour, only. See attached scheduling chart listing types and
numbers of hearing slots available each docket day.
Record date and time of hearing on Notice of Hearing and distribute according to distribution policy (in
juvenile and MI cases – clerk mails NOH; in most probate and DD cases – clerk hands or mails one copy
of NOH to petitioner for petitioner to distribute).
To reschedule a hearing, go to Events in eNact, click on the hearing you want to rescheduled, and click
on reschedule, enter the new date under event date and new time. Click okay twice. For juvenile cases,
update the reason for rescheduling the hearing.
Motion for Summary Disposition
If you receive a motion for summary disposition, do not schedule a date. Accept the filing along with the
Judge’s copy and instruct the party to contact the Judge’s office for a hearing date. Make an eNact entry
to enter the motion, place in the file, and route the file and the Judge’s copy upstairs to the Judge’s
office. They contact parties to set the date.
Status Conferences with Judge / Judicial Attorney
In cases where underlying issues are preventing the case from being resolved, the matter can be set
with the Judicial Attorney for a status conference. The code to set a status conference is STC, and they
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are normally scheduled in the time slot as determined by the Judicial Attorney. The conference applies
to any probate case type, but is most-often involving a DE case, and eliminates the need for the parties
to go before the Judge.
7-Day Orders
A party may prepare a proposed order and present it to the court for entry at the time of a hearing, or
after a hearing. After a hearing, it can be presented as a Seven-Day Order. Seven-Day Orders must be
submitted within seven days after a decision, and the attorney must file the original and proof of service
with the Court. Objections must be filed within seven days. There is a checklist and tray for seven day
orders at Kanisha’s desk.
Fill in date of Hearing:
Last Day to serve the proposed order (7 days after hearing):
Date of service of notice and proposed order:
Last Date for Objections to be filed (7 days after service):
Date to route to Judge if no objections (8 days after service):
Schedule a “meeting” on your outlook calendar to remind you to take the order up to the Judge for
signature; include Susan and Kanisha on the meeting request and include the file name and number and
title 7-Day Order.
Docket Management - Pulling and Posting
In order to pull the docket, you must print out a calendar from eNact: Go to Calendars, print:
Where it says Court enter JC for Juvenile matters or PROB for probate matters.
Under Format: enter C3 for the copy of the docket to be sent up with the files, or C4 for the posting
copy. The court reporters need their dockets in C8 format with additional spacing between the cases.
Under Printer-ID: enter the eNact printer you will be outputting the docket to.
Under Judge Code: enter the appropriate hearing officer code; i.e., FAR1 would print a delinquency
docket.
Under Beginning Event Date: enter the date in full format; i.e., 07/03/2013.
Under Ending Event Date: enter the date in full format; i.e., 07/03/2013.
Under Sort Fields: enter ED,ET,EC,RT and press OK. The docket should successfully print to the printer
you selected under Printer-ID.
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If you want additional copies, you can enter the number of copies you want on the Calendar Print menu
before pressing OK, and also if you’d like additional spacing.
Prepare outcards by entering the case number, name, hearing date, and hearing officer on the index
card on the sleeve, or cut the docket into strips and place the applicable information in the file sleeve.
Dockets to
Check &Pull
MONDAY
FAR1
(DON’T PULL 4:00
DRUG COURT)
FAR2
FAR3
CVCC (CHECK FOR JC)
FAJA (CHECK FOR WED
JC)
TUESDAY
FAR1
FAR2
FAR3
CVCC (CHECK FOR
JC)
FAJA (CHECK FOR
THUR. JC)
WEDNESDAY
FAR1
FAR2
FAR3
CVCC (CHECK FOR JC)
FAJA(CHECK FOR JC)
THURSDAY
FAR1
FAR2 (DON’T PULL
POST TERM FILES)
FAR3
CVCC (CHECK FOR JC)
FAJA(CHECK FOR JC)
FRIDAY
FAR1
FAR2
FAR3
CVCC (CHECK FOR JC)
FAJA (CHECK FOR JC)
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Docket
Posting
Locations
FAR1 , FAR2, FAR3,
FAR1, FAR2, FAR3
FAR1, FAR2, FAR3
FAR1, FAR2, FAR3
4 COPIES EACH2 ON 1ST FL (FRONT
DOOR AND MIDDLE OF
MAIN CORRIDOR)
1 ON 3RD FLOOR
OUTSIDE ELEVATORS,
1 OUTSIDE CT. RM
11& 12, DAILY
FAJA-GET COPY
FROM MENTAL
HEALTH/DD CLERK
4 COPIES –
2 COPIES ON 1ST FL,
1 ON 2ND FL, RT. OF
ELEVATORS AND
1 OUTSIDE CT. RM
10
FAJA-GET COPY FROM
CLERK DOING DOCKET
2 ON FIRST FL,
1 OUTSIDE CT. RM 10
FARP-4 COPIES-2 ON
FIRST FL, 1 ON 2ND FL, RT
OF ELEVATORS,1OUTSIDE
CT. RM 10
CVCC and FAJA dockets
posted as required.
DOCKET IDENTIFICATION
FAR1 - DELINQUENCY
ALTERNATES BETWEEN REFEREE
ALTENBURG AND OWDZEIJ
FAR2 - NEGLECT
REFEREE SCHIKORA
FAR3 – DELINQUENCY &
NEGLECT
REFEREE ALTENBURG
CVCC – DELINQUENCY &
NEGLECT
JUDGE SHELTON
FAJA – DELINQUENCY &
NEGLECT
JUDGE CONNORS
FAJA – PROBATE
JUDGE CONNORS
FARP - PROBATE
REFEREE OWDZIEJ
FAR1, FAR2, FAR3,
FAJA
LABELING FOR POSTED DOCKETS
Write Floor and Courtroom Number
When pulling the Juvenile dockets, remember, no need to pull the R1 docket for anything set for 4 PM
or the R2 docket on Friday morning, anything labeled post termination. Do post the dockets for these
items.
FAJA dockets two days in advance, CVCC dockets, one day in advance. Always check the daily email.
Any juvenile picked up on previous charges, the file will need to be pulled.
R2 must have a cart, every day.
Cart marked “Tamala” must stay upstairs – use gray juvenile carts only. The docket must be upstairs by
10:30 AM daily.
Helpful hints to locate files:
Identify last hearing date and check with court reporter.
Send email – clerks, also Referee who heard case last.
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Check with CASA
Notify Tamala when you take the docket to her if you are missing any files.
If not found by noon, notify supervisor.
Docket Management – Preparation
Preparing Written Docket
1. Written Docket format
a. Event Directive / Notations should contain the following information:
i. Title of all events scheduled to occur (ie. Petition to Appoint Guardian of LII or
Petition to Modify Conservatorship; Petition to Allow Attorney Fees)
ii. If the court has appointed a GAL or an Attorney for the ward, the name of the
lawyer should appear here (GAL = name or ATTY = name). In almost all cases, a
GAL or ATTY should have been appointed and their name appear here in the
following case types:
CA – Initial Petition and Petition to Terminate
GA – Initial Petition, Petition to Modify, Petition to Terminate
Adult PO - Initial Petition, Petition to Modify, Petition to Terminate
Minor PO/ Wrongful Death Suit – Initial Petition, Petition to
Modify, Petition to Terminate
There may be others on a case by case basis.
iii. If this event has been adjourned to this date, note the date(s) it was adjourned
from.
iv. If a party will be appearing by telephone, note “name” and their phone number.
b. Retained Attorney Names
The names of privately retained Attorneys representing Petitioners, Fiduciaries, and
other parties should appear to the right of the case number. The 9 am docket is
reserved for represented parties. In all of these cases there should be at least one
Attorney’s name for each case.
When opening a case in eNact, though the Petitioner’s Attorney’s name and P-number
are entered on the Master screen, eNact codes the attorney as ATTR. In order to show
on the printed docket, the Attorney’s name must be re-entered on the party screen as
an ATTY party.
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2. Special Copy for Judicial Attorney
Print 1 copy of the docket using calendar format C3 code. Note any missing proofs of service
and any unusual circumstances on this docket. This is the primary means of communicating and
documenting docket exceptions and issues between the Clerk’s office and the Judge’s office.
If for any reason a file is not in the cart when the cart is delivered to the Judge’s office, write
“not in cart” and the reason why on the Judicial Attorney’s copy of the docket. Files missing
from the cart should be a rare occurrence, generally only occurring if the file is already in the
Judge’s office or is being viewed by a party.
3. Docket Distribution
Once you have assured the written format is complete:
a. Print 2 copies using calendar format C4 (for public posting): give one copy to the Clerk
assigned to posting the dockets and hang one copy on the bulletin board (by the front
counter).
b. Print one copy using calendar format C3 (for internal use) – spacing = 4 – for Court
Reporter (larger spacing between items to give the Reporter room for the notes) and
place in the Judge’s tray.
c. Print one copy using calendar format C3 (for internal use) to use for your notes: give
one copy (with your notes) to the Judicial Attorney and make a copy for yourself.
d. Print nine copies using calendar format C3 (for internal use) and provide a copy to each
Clerk in the office.
Double Check Party Screen
Compare the eNact party screen with the content of the petition and verify that the person listed as the
Representative is the proposed guardian/conservator/PR. Update as necessary.
Preparing Files
The complete, fully-prepared docket is due in the Judge’s office at 9:30 am on Monday morning before
the Thursday docket. If there are required documents missing from the files (parties have failed to
submit something) contact the responsible party to request missing document. Note the nature of the
missing document, efforts to obtain it, and any response (e.g. it will be in by 2pm) on the copy of the
docket given to the Judicial Attorney.
The following items must be in each file:
Petition (tabbed) or Motion [this helps assure the reason for the hearing is listed accurately in
the event directive]
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Proposed Order clipped to the side of the file
GAL report, if required (see 1.a.ii. above)
DHS report, if had been ordered
Any other report ordered by the court with a due date before the hearing (ie. Independent
Medical Exam, Medication Report, parenting class completion)
Review the eNact Register of Actions – if any waiver and consents, proofs of service, proof of
publication, or any other document is listed, make sure it is in the file.
Brightline sheet, if hearing on account
If petition for initial or modified guardianship or conservatorship, copy of proposed fiduciaries’
driver’s licenses and ICHAT, in non-public file.
ICWA Screening Form in a minor guardianship.
Files are considered fully prepared if all of the above are docketed on eNact and in the file. Proof of
service and proof of publication may be submitted in the courtroom at the scheduled time of the
hearing.
Docket Management - After the Hearing (Probate)
1. Inventory Files
Sometimes the Judge's office will keep files for follow-up by the Judge's staff. In order to keep
track of the files and assure timely processing of judicial action, set a PRE to occur in three
weeks. If the file has not been returned to the Clerk's office and processed by that time, a
contact with the Judge's office will be made.
2. Review Reporter docket notes for time-sensitive items. Examples of items needing quick action
include:
a. Attorney Appointments - most often occurs when a potential ward objects to an order
of guardianship or conservatorship. Prepare an order appointing the attorney assigned
for the adjourned date; obtain signature from the deputy probate register; deliver (fax)
the order, the GAL report, and the petition to the attorney; record the attorney's name
in the directive of the adjourned event and on the register of action.
b. DHS Report – Fax the order, petition and other relevant documents to DHS at 734-4818386, Attention D’Anne Franklin. Send an email to D’Anne Franklin
([email protected]); Danielle Dale ([email protected]); Tiffany Wagstaff
([email protected]); and Dwight Forde ([email protected]) stating “On ___
(insert date of order) Judge Connors ordered a DHS investigation on a minor
guardianship for ---- [insert name of child]. The report is due on [insert due date – the
Friday before the hearing]. On ___ [insert today’s date] I faxed a copy of the order and
contact information to your office. Please respond to the email to verify you have
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received the order.” Note on the bottom of the order the date that you faxed or
emailed the order.
c. Bench Warrant - ** insert process to prepare the order.
d. Order to Show Cause - ** insert process to prepare an order to show cause and for
personal serve
3. Process Each File
a. Loose Papers
1) Enter any items filed in the courtroom into eNact (PSV, Waivers and Consents,
Reports)
2) Clip loose documents into the file.
3) Assess if other loose papers are necessary to keep (i.e. if order allowing account
was signed, destroy brightline sheet)
b. Letters and Orders
1) Distribution of Orders/Letters. Prepare certified copy(ies) of letters and order
and mail them to:
i. The petitioner’s attorney or the petitioner (if not attorney)
ii. The person appointed as GA, CV, PR… (if different from 3.b1i)
iii. Any person removed as GA, CV, PR…
2) Update eNact
i. Register of Actions:
LET
Letters in conservatorship and decedent estate cases – add:
“issued to ___ as full/temporary CV/PR; signed by Judge
Connors on ___; sent to ___ on ___”
LOG
Letters in guardianship cases – add: “issued to ___ as
full/temporary GA; signed by Judge Connors on ___; sent to ___
on ___”
ORD Order – add title of order; text of order; and distribution (i.e.
XXX appointed or removed; signed by Judge Connors on ____;
mailed to ___ on ___)
3) LEIN:
i. Initial appointment orders in GA cases only, place a copy of the order
appointing guardian in the LEIN basket in the supervisor’s office for
delivery to the Michigan State Police for entry onto LEIN (Law
Enforcement Information Network).
ii. Orders terminating guardianship in GA cases only, prepare an order of
Removal of Entry from LEIN (MC239); obtain the Judge’s signature and
place a copy of the Removal order and the order terminating
guardianship in the LEIN basket in the supervisor’s office.
c. Verify Correct Case Type
Occasionally a decedent’s estate will move from unsupervised (DE) to supervised (DA)
during the course of the hearing or protective order (PO) turns into a conservatorship
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(CA). If this occurs, open the Master screen on eNact, click “change” at the bottom of
the screen and change the case type suffix at the top of the screen. Change the case
type suffix on the paper file.
d. Master Screen
Once any initial petition has been resolved (the Judge has made a determination to
grant the petition or not), update the Disposition Code (on the bottom of the Master
Screen) with appropriate action and date (of order):
GTD
Granted
DISM
Dismissed
DEN
Denied
TRATransferred
e. Compliance and Party Screen
1) Verify the appointed person appears on the party screen as REP. Add their
name, address, and phone number if necessary (this most often occurs if
someone other than the person proposed, is appointed).
2) Activate the compliance screen by adding the date in the AOT box on the Party
Screen. Verify the correct Auto MA Group has been entered and add AOT and
the date the Letters were signed under Qualification Information (see specific
sections in this manual for specific instructions for each case type).
f. Follow-Up PREs
If the Judge has ordered any action to occur within a short period of time – such as such
as obtaining/posting a bond; supplying proof the funds are in a restricted account; filing
a final account or receipts - schedule a PRE in 35 days to determine whether the
fiduciaries have complied with the special orders. See page XX for instructions.
g. Verify next event has been scheduled, if appropriate, by the Reporter. Including FIDO
(fiduciary training classes) dates.
h. if an initial petition is denied or dismissed:
1) Update enact: ROA – CLO; Master Screen (Dispo: DEN or DISM); [verify status
shows closed]
2) Print Register of Actions
3) Mark the file “CLOSED” and shelve in the basement.
i. Closing other case files:
Review Trust orders carefully to determine next steps (supervised and activate
compliance? Close? Next date set?)
Orders terminating jurisdiction and closing case (close case file).
j. Shelve File
4. Notes regarding Referee’s Docket
Most follow up from the Referee’s docket includes sending notices for adjourned dates and / or
memorandums of conference to correct deficiency (PC601); preparing petition and order for
change of venue; ordering DHS reports (see above); and preparing orders (send to Referee for
review and initial and then route to the Judge for signature).
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Fax Machine - Acceptable Filings
Items that can be accepted by facsimile:
Requests to participate via telephone
Filings in Mental Health Cases
Stipulated Orders
Driver Licenses for ICHAT
Informal Documents
Proposed Orders
We will not accept the following items via facsimile:
GAL Reports
612 Reports
DHS Reports
Fee Waiver - Waiver / Suspend of Fees and Costs
From time to time, petitioners are unable to pay the filing fees in a case, and the Court has the option to
grant a waiver of fees.
Parties can file a Form MC 20, WAIVER/SUSPENSION OF FEES AND COSTS (AFFIDAVIT AND ORDER)
When you file a legal paper with the court or are ordered to case evaluation, you are often required to pay
certain fees. If you cannot afford these fees, you can ask the court to "waive" or "suspend" them using
form (MC 20).
Parties must show the court that they cannot afford to pay the fees. If parties receive public assistance,
they must give the court their DHS case number. If they do not receive public assistance, they must give
the court information about your assets and obligations. An asset is something a person owns, such as
money, a car, a house, or other property.
An obligation is something a person owes, such as rent, a loan payment, utilities, court-ordered child
support, etc.
After the party prepares the legal papers it is filed with the court, complete form MC 20. If they are
receiving public assistance, check the box in front of item 1a. Write in the DHS case number. Public
assistance means the party is receiving help from the Michigan Department of Human Services and/or
are receiving federal social security income (SSI), which includes Medicaid (a DHS program). It does not
include benefits such as veteran’s assistance (VA benefits) or unemployment. Do not check the box in
front of item 1b. Gross income means before any deductions.
If the party is not receiving public assistance, they should check the box in front of item 1b and check all
the boxes that apply. If they are not employed, they should check that box and write in all the requested
information about assets and obligations.
The form should be signed in front of a notary public or the clerk of the court.
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Fiduciary Compliance Management
Enabling Compliance when opening a case on eNACT:
1. When opening a petition on eNACT:
On the Probate Master Screen, under the Qualification Information heading, input the
appropriate Auto MA Group Code:
Table 1
MA Group
CODE
Used in Case Type
CV
CA and CY
DIS
All
GD-6
GM & LG (< age 6)
GDA
GA, LG, GM
IP
All Decedent Estates
PAB
DD
PAE
DD
PAP
DD
PLB
DD
PLE
DD
PLP
DD
SPF
CA and CY
SPO
All
TR
TAX
DESCRIPTION OF CASE TYPE
CONSERVATOR
DISCHARGED
GUARDIANSHIP UNDER 6 YRS OLD
GUARDIAN OF ADULT or CHILD O/SIX
INDEPENDENT PROBATE
PARTIAL GRDN OF THE PER & ESTATE
PARTIAL GUARDIAN OF THE ESTATE
PARTIAL GUARDIAN OF THE PERSON
PLENARY GRDN OF THE PER & EST
PLENARY GUARDIAN OF THE ESTATE
PLENARY GUARDIAN OF THE PERSON
SPECIAL FIDUCIARY
SUSPENDED FIDUCIARY
TRUST
INHERITANCE TAX
MONITORED ACTIONS
INV ACC
RRM
RPT
INVIP
INV
INV
RPT
INV
INV
RPT
INV
RPT
RRG
LOAI
ACC
ACC
RRG
RPT
ACC
RRG
ACC
INV
ACC
RPT RRG LOADPA
LOADPA
LOADPA
ACC RRG LOADPA
LOADPA
LOADPA
The Monitored Group Codes trigger the monitored actions and due dates listed on the compliance
screen. Different types of cases require different reporting requirements from Fiduciaries and different
levels of review from the Court. In addition, some cases have end dates. These monitored actions are
linked to eNACT reports that enable the court to identify upcoming due dates for inventories, accounts,
reports, investigations, expirations of letters and administrations and to determine past due/delinquent
cases that require additional court action to ensure timely oversight by the court.
The definitions for monitored actions (listed above and listed on the compliance screen in individual
cases) are as follows:
Table 2
MONITORED ACTION DEFINITIONS
ACC
INV
INVIP
RPT
ANNUAL ACCOUNT (required annually)
INVENTORY (required within 56 days of appointment of conservator)
INVENTORY (required within 91 days of appointment of personal representative)
REPORT ON CONDITION OF WARD (required annually)
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RRG
RRM
LOADPA
LOAI
REPORT ON REVIEW OF GUARDIANSHIP (Minors over age six, Incapacitated and DD
Individuals) (investigation required within the first year and every three years thereafter)
REPORT AND REVIEW OF MINOR GUARDIANSHIP (investigation required every year until
age 6)
LETTERS OF AUTHORITY - DEVEL. DISABLED PARTIAL EXPIRATION (expires in five years)
LETTERS OF AUTHORITY - INDEPENDANT PROBATE EXPRIATION (expires in one year)
b. Following Issuance of Letters/Acceptance of Trust:
On the Party screen, select the Fiduciary’s name and Click “CHANGE”
Under the heading - Qualification Information (located in the center of the page):
Auto MA Group (if not yet recorded) = Code from Table 1 above
Type = AOT
Date = Date Of Order Appointing
Click “OK,” twice
Go to the Compliance Screen. Appropriate compliance action codes (as listed above)
should appear as “P” (pending). Verify dates are correct and that there is only one entry
per Fiduciary (e.g. If there are two co-guardians, there should be two of every entry/due
date). SOMETIMES an extra date will appear showing a report or account due in 56
days. Delete this due date. While an Inventory may be due, the first account or report is
not due for one year + 56 days.
c. In Guardianship of Individual with Developmental Disability (DD Guardianship) only:
1. Compare the due date of the LOADPA on the compliance screen to the date the
Letters expire. It is routinely off by two days. Select the LOADPA,
Click “CHANGE” and modify the
Subject / As to = 1
Change the “trigger date” to replicate the expiration date on the
Letters.
2. On the Master screen, select “Change” – toward the lower right corner of the
screen, under “Disposition”
Status = GTD (order granted)
Date = date of order
Click “OK”
d. In Minor Guardianships only: When a guardianship case is opened when the child is
younger than age five, the MA code group selected is GD-6. This code sets due dates for
both reports and reviews/investigations annually. When the child turns age five, the
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Monitored Group code will be changed from GD-6 to GDA to reflect the changing
review/investigation requirements (now ever three years). To update eNACT:
Go to the party screen
Select the Guardian and click “change”
Under Qualification Information, change the Auto MA Group from GD-6 to GDA
Type = (remains the same)
Date = T
Click “OK”
Proceed to the compliance screen and delete any remaining RRMs and duplicate
RPTs.
Reporting Requirements – Forms, Frequency, and Reporting Periods:
1. Conservatorships:
Following acceptance of trust (AOT), the fiduciary must file an Inventory (INV / pc 674)
within 56 days. In addition, if placement of funds in a restricted account is ordered, the
Fiduciary must file a Proof of Restricted Account and Annual Verification of Funds on
Deposit (pc 669) within 28 days of the order. At the time it is ordered, the Clerk shall
schedule a Probate Referee/Register File Review (PRE – Friday at 1pm) to occur in 28 to
35 days as a time to ensure compliance. The PRE may be cancelled if acceptable
documentation of restricted accounts has been received. If the Fiduciary is ordered to
obtain a bond, documentation of the bond must be received before the Letters of
conservatorship are issued (if a bond is ordered, set a PRE review date in 28-35 days to
ensure compliance).
Fiduciaries must file Annual Accounts (ACC / pc 583 or pc 584) every year. The
Reporting Period is always 365 days, beginning on the anniversary of the AOT, however
the date the report is due to the Court is the end of the reporting period plus 56 days (to
allow the fiduciary time to gather and prepare documents).
Due dates for Annual Accounts are found on the compliance screen, under the label
“target date.” To identify the reporting period to be covered in an Annual Account,
open the relevant fiduciary’s entry on the party screen and determine the date that the
fiduciary accepted the trust (AOT date). The reporting period begins with that date and
covers the next 364 days. Subsequent Annual Accounts report periods cover the same
dates, changing years.
Fiduciaries may change their reporting / accounting period upon written notice to the
court. Upon receipt of such notice, the Clerk will update eNACT using the code CHNG
on the compliance screen. This action will show a change of reporting period on both
the compliance and docket screens (see section III. d. for instructions).
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An Order Allowing Account (pc585b) is required each year, for each account. A formal
hearing to allow accounts must be held at least once every three years (eNACT event
code HOA3). These three-year hearings will be placed on the Deputy Register /
Referee’s Thursday morning docket and at the hearing, s/he will review only accounts
that have not yet been allowed, typically this will mean only the most recent year. If the
conservator is represented by an attorney, the attorney is responsible for distributing
the order allowing the account to all parties and submitting a completed proof of
service to the court. However, if the conservator is not represented by an attorney,
copies of orders allowing accounts are distributed by the Clerk to the Guardian, the
ward (if age 14 or older), attorneys, and any interested parties. Copies of the actual
account and supporting documentation are not attached to the Order.
MINOR CONSERVATORSHIPS ONLY: In most minor conservatorship cases, the
Conservator is ordered to place all funds in a restricted account at a court-approved
bank. Conservators must file petition and be granted an order allowing them to spend
any of the funds. If all funds have been ordered into a restricted account, the Fiduciary
shall file a Proof of Restricted Account (PORA) / Annual Verification of Funds of Deposit
(pc 669) within 28 days and annually thereafter. The initial PORA will be recorded as the
Inventory in the compliance screen and each annual submission, as long the funds
remain in the restricted account(s) and there are no expenditures during the accounting
period, shall be recorded as the Annual Account. Upon receipt of the “restricted
account agreement,” the Clerk will record receipt in eNact on both the Compliance
screen (altering the ACC from “P” to “R”) and the Docket screen (using the code VFD)
and forward the file to the Deputy Register / Referee to review online banking records
to verify the funds remain protected and the amount. If there have been expenditures
or not all funds were required to be restricted, an Annual Account is also required.
2. Decedent Estates:
Following Acceptance of Trust (AOT), the personal representative must file an Inventory
(INV / pc 577) within 91 days. Upon receipt of the Inventory, the Clerk will generate an
invoice in eNACT for the estate/inventory fee (Form Type: “BILL”; Form No.: “WA” with
additions or “00” without additions).
If the case is a Supervised Administration, an Annual Account (pc 583 or pc 584),
covering the 364 days since the AOT is due 56 days past the end of the reporting period.
In all cases, within 365 days of the AOT, the Fiduciary must file either a Notice of
Continuing Administration (pc 587) [two extensions may be granted without hearing] or
a Sworn Statement to Close (pc 590 or pc 591). Upon receipt of a third NOCA, schedule
a Hearing on Review (HOR) before the Deputy Register/Referee.
Twenty-eight days following the receipt of a Sworn Statement to Close, if no party files
an objection, the Clerk (or attorney) prepares a Certificate of Completion (pc 592), and
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submits the file to the Deputy Register/Referee for review. The Deputy
Register/Referee verifies that the PR has satisfied their duties to the Court and signs the
Certificate of Completion.
3. Guardianships
Fiduciaries must file an Annual Report (RPT) every year. The Reporting Period is always
365 days, beginning on the anniversary of the Acceptance of Trust (AOT), however the
date the report is due to the Court is the end of the reporting period plus 56 days (to
allow the fiduciary time to gather and prepare documents). The following reporting
forms are used by the Fiduciaries:
pc 634
pc 654
pc 663
Guardianship of a Legally Incapacitated Individual (Adult)
Guardianship of a Minor
Guardianship of an Individual with Developmental Disability
Due dates for Annual Reports are found on the compliance screen, under the label
“target date.” To identify the reporting period to be covered in an Annual Report, open
the most recently appointed fiduciary’s entry on the party screen and determine the
date that the fiduciary accepted the trust (AOT date). The reporting period begins with
that date and covers the next 364 days. Subsequent Annual Reports report periods
cover the same dates, changing years.
Fiduciaries may change their reporting / accounting period upon written notice to the
court. Upon receipt of such notice, the Clerk will update eNACT using the code CHNG
on the compliance screen. This action will show a change of reporting period on both
the compliance and docket screens (see section III. d. for instructions).
Investigations and Reviews of Guardianships: The Court will review (without a formal
hearing) each guardianship (GM, GA, and DD) within 365 days of the AOT; and every
three years thereafter. In addition, the court will review each minor guardianship
annually until the child reaches the age of six. Each review occurs in two parts – first an
investigation, including a home visit, occurs and then an action/order of the court (see
Guardianship Investigation Policy for details).
In minor and legally incapacitated individual cases, the Court will appoint a staff
member, intern, or volunteer to conduct an investigation and report to the Court (see
Investigation Policy). Following the investigation, the guardianship will be continued or
scheduled for a review hearing. In individual with developmental disability cases, the
court will obtain annual reports from Community Support and Treatment Services
(CSTS). If ward is not a client of CSTS, the Court will appoint an investigator. (This
proposal is currently under development).
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Recording Receipt of Inventories, Accounts, Reports and Closing Documents:
1. Conservatorships:
Inventory and Accounts:
After reviewing the filing and finding it complete / sufficient, on the compliance
screen, select the appropriate INV (Inventory) or ACC (Account) and:
Click “change”
Subject/As to = 1
Received Date = date
Change the “P” to an “R”
Click “OK”
On the docket screen, select the new entry “Annual Account [Inventory]
Received”; click “Change” and add the inventory amount or ending balance of
the account in the narrative.
Proof of Restricted Accounts (PORA):
Fiduciaries in Minor Conservatorships (case type CY) may file a “restricted
account agreement” (pc669) instead of an Annual Account (pc583/584) for the
year if the funds remained in the restricted account(s) and there were no
expenditures during the reporting period. The receiving Clerk will record receipt
of filing in eNact by:
On the docket screen
Click “ADD”
Code (1) = VFD
Click “OK”
On the compliance screen, select the appropriate ACC (Account)
Click “change”
Subject/As to = 1
Received Date = date
Change the “P” to an “R”
Click “OK”
Forward the Proof of Restricted Account and the file to the Deputy Register /
Referee to check the online banking records to verify the funds remain
protected and to verify the amount.
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If a Proof of Restricted Account / Annual Verification of Funds on Deposit form is
submitted as an attachment to an Annual Account (pc 583/584), record receipt
of the PORA on the docket screen using code (RAF) and record the total Account
on the compliance screen.
2. Decedent Estates:
Inventory – Calculating the Estate Fee:
Calculating the Estate Fee:
On the left column of eNact, click the “Admin” folder and select “Fee
Calculator;”
Fee Calculation Code = FEES
Estate Value Amount = (amount listed as total on inventory
form)
Click “OK”
Make a note of the amount listed in the “Calculated Fee.”
Recording Receipt of Inventory
On compliance screen, select “INVIP” and click “change”
Subject/As to = 1
Received Date = date received
Change the “P” to an “R”
Click “OK”
On docket screen, click “ADD”
Code (1) = INV
Date = T (today)
Account = DUM
Amount (Under “Associated Funds”) = (amount listed as total on
inventory form)
Click “OK” twice (you may have to reenter the Amount)
Posting the Receivable and Printing a Bill
You are now on the Receivables Screen:
Amount = Calculated Fee (rounded to the nearest dollar)
TC Code = ESFEE
Action Date = date of AOT
As to = REP
Party Type = PR
Type = EFEE
Click “OK”
On the document generation screen:
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Form Type = BILL
Form No = 00
Printer = (your eNact printer code i.e. PCTH)
No of Copies = 2
Click “Print”
Select Representative and Attorney (if applicable)
Click OK
Send one copy of the bill to the Personal Representative and his/her
Attorney and place one in the public file.
Notice of Continued Administration (NOCA):
Upon receipt of a Notice of Continuing Administration, the Clerk will update
eNACT:
On the compliance screen, select “LOAI”
Click “change”
Subject/As to = 1
Extension Date = Target Date + one year
Under Status Code, change “P” to “EXT”
Click “OK”
Sworn Statement to Close:
Upon receipt of a Sworn Statement to Close, the Clerk will update the docket
screen on eNact with the codes: SST and 28DAY (this triggers the case to appear
on a monthly report of cases to close).
Twenty-eight days following the receipt of a Sworn Statement to Close, if no
party files an objection and all fees are paid, the Clerk (or attorney) prepares a
Certificate of Completion (pc 592) and presents it to the Register/Referee for
his/her signature. Once the Certificate is signed the Clerk will update eNACT:
On the compliance screen, click “adjust”
Primary = 1
Party Type = “REP”
Sequence No = 1
Adjustment = “CIC”
Effective Date = date received (T)
Click “OK”
This action will close the eNACT case, showing “discharged” on the compliance
screen; on the Docket screen close again using code CLO. Verify that no entries
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on the compliance screen show as pending “P” or extended “EXT.” The Clerk
will send a copy of the Certificate of Completion to the PR and his/her Attorney,
place the original documents and a printed copy of the Register of Actions in the
file, stamp the file “CLOSED” and shelve the file.
3. Guardianship:
Reports:
On the compliance screen, select the appropriate RPT
Click “Change”
Subject/As to = 1
Received Date = date reviewed (T)
Change “P” to “R”
Click “OK”
Review the report and if appropriate, place in the public file and shelve.
Reviews (Investigation Reports:
On the compliance screen, select the appropriate RRM or RRG
Click “Change”
Subject/As to = 1
Received Date = date received
Change “P” to “R”
Click “OK”
Prepare an Order Following Review of Guardianship (pc 637) in accordance with
supervisor’s notes at the bottom of the report and present it to the Judge for
review. Once signed, send a copy of the Order Following Review and a copy of
the investigation report to the Guardian and the Ward (if an adult). File the
report in the non-public file, file the Order in the public file, and shelve the file.
Change of Venue, Discharged, and Added Fiduciaries and Impact on Reporting Periods:
1. Change of Venue: When a case has begun in another county and is transferred to
Washtenaw County, though a new AOT is signed in Washtenaw County, all reporting
periods and report/account due dates are based on the original Acceptance of Trust
date in the prior county. When opening the case on eNACT, the original AOT date (not
the date the AOT is signed in Washtenaw County) will be entered in the party and
compliance screens. The Clerk will update the docket screen by entering an “AOT” entry
and noting, beginning on the second line of the docket text, the transfer, date of the
AOT in the original county, and the reporting period.
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2. Guardianships: If a new Fiduciary is appointed – as a co-guardian - the reporting period
remains the original reporting period and those dates continue as long as one of the coguardians continues to serve. To update eNACT and change report periods and due
dates for the new co-guardian:
If new Fiduciary is appointed as co-guardian:
Add the new Fiduciary – or enable compliance for new Fiduciary
On the Party Screen, Under Qualification Information:
Input appropriate Auto MA Group: GDA (adult or minor over age six) or
GD-6 (minor is age 5 or younger)
Input Type = “AOT”
Date = T
Click “OK”
On the compliance screen:
Click “ADJUST”
Primary = 1
Party Type = REP
Sequence No. = (party screen number that corresponds to new coguardian)
Monitored = RPT, RRG, RRM, (as appropriate)
Adjustment = CHNG
New Recurring Target Date = due date (first co-guardian’s AOT + 56
days)
Effective Date = T
Click “OK”
Repeat for each monitored action (RPT, RRG, RRM) as appropriate
On the docket screen:
Click “add”
Under Docket Information, in Code (1) = AOT
Date = T
Under docket text, on the second line type “appointed as co-guardian
on _____ (insert date) with reporting period of ____ to ____ (insert
dates).”
Click “OK”
Check compliance the screen
The compliance screen should now show two sets of reports and
investigation dates (one for each Fiduciary), all with the same target
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dates – 56 days past the AOT date. (Ignore the trigger dates – they may
be different).
When a new Fiduciary is appointed as the sole guardian, replacing a former guardian
(including the activation of a stand-by guardian), the date that new Fiduciary signs the
AOT is the new trigger date for all reports. This may mean that there is a period of time
unaccounted for in the reports. To update eNACT and change report periods and due
dates:
If new Fiduciary is appointed as sole guardian:
Discharge the Old Fiduciary on the Compliance Screen (CONDUCT THIS
STEP FIRST)
Click “Adjust”
Primary = “1”
Party Type = “REP”
Sequence No = number corresponding with discharged representative
(found on party screen)
Adjust = “DIS”
Effective Date = date of order
Click “OK”
The Compliance screen will show fiduciary discharged and will eliminate
any future pending reports/investigations.
Make all past due reports and investigations inactive
If there are any past due reports or investigations, select the first one
and: Click “Change”
Primary = “1”
Status = Change from “P” to “W”
Click “OK”
Repeat for each pending past due RRG/RRM/RPT
Discharge the Old Fiduciary on the Party Screen
On the party screen, select the Fiduciary being discharged
Click “Change”
Under Qualification Information, change Auto MA Group from
“GDM/GDA/GD-6” to “DIS”
Type = remains the same – do not change
Date = remains the same – do not change
Click “OK”
The old Fiduciary will show as discharged under the MA group on the
party screen.
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Add the new Fiduciary – or enable compliance for new Fiduciary
On the party screen, under Qualification Information:
Input appropriate Auto MA Group: GDA (adult or minor over age six) or
GD-6 (minor is age 5 or younger)
Input Type = “AOT”
Date = date of Order Appointing
Click “OK”
Update docket screen
Click “add”
Under Docket Information, in Code (1) = AOT
Date = T
Under docket text, type “Reporting dates changed, new fiduciary”
Click “OK”
Check compliance and docket screens
The compliance screen should now show one discharged
representative, old reports “waived,” followed by one set of new
reports and investigation dates, all with new target dates – 56 days past
the new Fiduciary’s AOT date.
3. Conservatorships:
One Fiduciary Discharged and a New Fiduciary Appointed: the discharged
fiduciary shall file a “final account” covering the period of time from the end of
the last reporting period to the appointment of the new Fiduciary. The date of
the AOT by the new Fiduciary shall be the trigger date for a new Inventory and
future Annual Accounts. To update eNACT:
Add the new Fiduciary on the Party Screen and Enable Compliance:
Under Qualification Information:
Auto MA Group = CV or SPF (if special fiduciary)
Input Type = “AOT”
Date = date AOT was signed
Click “OK”
A new inventory and annual account will appear on the compliance
screen – with new target dates, 56 days past anniversary of new AOT.
When old Fiduciary has filed a Final Account and the Account has been
allowed, discharge the old Fiduciary on the:
Compliance Screen
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Click “Adjust”
Primary = “1”
Party Type = “REP”
Sequence No = number corresponding with representative
(found on party screen)
Adjust = “DIS”
Effective Date = today
Click “OK”
The Compliance screen will show fiduciary discharged and will
eliminate any future pending accounts.
Delete any future Accounts (if any remain) for that Fiduciary
only.
Party Screen
Select the Fiduciary being discharged
Click “Change”
Under Qualification Information, change Auto MA Group from
“CV or SPF” to “DIS”
Type = remains the same – do not change
Date = remains the same – do not change
Click “OK”
The old Fiduciary will show as discharged under the MA group
on the party screen.
The Addition of a Co-Conservator: the new co-conservators are considered a
new joint Fiduciary. As such, the prior fiduciary(s) shall file a “final account”
covering the period of time from the end of the last reporting period to the
appointment of the new co-conservator. Both parties shall sign new AOTs and
the date of those joint AOTs shall be the trigger date for a new jointly filed
Inventory and future jointly filed Annual Accounts. To update eNACT:
Update the Old Fiduciary on the Party Screen
Select the old Fiduciary on the party screen
Click “Change”
Under Qualification Information, change the Date only, to the date new
AOTs are signed by both Fiduciaries.
This will maintain the old due dates (to allow tracking to ensure Final
Account is filed, but also add new due dates for this Fiduciary for a new
inventory and annual account).
Add the new Fiduciary – or enable compliance for new Fiduciary
Under Qualification Information:
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Auto MA Group = CV
Input Type = “AOT”
Date = date both Fiduciaries signed new AOT
Click “OK”
Check compliance and docket screens
The compliance screen should now show one old set of due dates (likely
just one Annual Account still pending – which will be used to record
receipt of the Final Account from the first Fiduciary) and two new sets
of due dates, including two Inventories and two Annual Accounts, all
with new target dates – 56 days past the new Fiduciaries’ AOT date.
The docket screen should automatically show the change in the
recurring reports’ due dates. There is no need to discharge the “old”
Fiduciary they have fulfilled their responsibilities as a sole Fiduciary and
now enter new responsibilities as a joint Fiduciary.
Appointment of a Special Fiduciary: generally when a Special Fiduciary is
appointed, the regular Fiduciary is suspended. The Special Fiduciary is typically
ordered to file an inventory or an investigative report within 56 days and then
discharged. (If no continued court hearing date is scheduled, set a Probate
Register File Review (PRE) in 56-63 days to ensure compliance and follow-up).
The regular Fiduciary is often reinstated and the reporting period Annual
Accounts reverts back to the initial Fiduciary’s AOT date. If the Special Fiduciary
is maintained, the initial Fiduciary will be discharged and the date the Special
Fiduciary signed the AOT will be the new trigger date for Annual Accounts.
4. Changing existing Reporting or Accounting period in eNACT:
In certain circumstances the reporting period will be altered. In that case, the Clerk will:
On the compliance screen, select “ADJUST”
Primary = 1
Party Type = REP
Sequence No. = (insert the number that corresponds to the appropriate
Fiduciary)
Monitored = (insert the monitored action that needs to change, such as RPT,
ACC, RRM/RRG, INV (as appropriate)
Adjustment = CHNG
New Recurring Target Date = (input new target date, 56 days past end of
reporting period)
Effective Date = T
Click “OK”
Repeat for each monitored action, as appropriate.
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5. Allowing an Extension of a Due Date: In certain circumstances the Deputy Probate
Register or Referee will grant an extension (up to 28 days) for an Inventory, Account, or
Annual Report. The Clerk will:
On the compliance screen, click “Change”
Subject / As to = 1
Extension Date = T + 28 days (or the new due date)
Change Status Code from “P” to “EXT”
Click “OK”
Sending Reminder Post Cards:
Each Monday morning, the assigned employee will print from eNACT the “Delinquent Post
Cards” report and the “Delinquent Post Card Recap.” The post cards are reminders to
Representatives that action is required on their part – that an inventory, account, report, or
notice of continuance is due in 30 days. Post cards contain the following information:
The Court Name, Address, and Phone Number
In re: Estate of: case name
Case Number
Client: name of representative
Name of filing due; the due date, the form number, and the SCAO web address
Post cards will be placed in the outgoing mail on that Monday. The “Delinquent Post Card
Recap” is a list of all post cards generated that week and includes the case name, case number,
to whom the post card was addressed, the action due (i.e. report, account, et cetre), and the
date the action is due. The assigned employee will maintain this list for three months as
reference to respond to questions about whether or not a reminder post card was sent in a
given case.
Bad Addresses
When Fiduciaries change residences, they are required to notify the court of their new address
within seven days. If mail is returned to the court for a bad address or an investigator cannot
locate the Fiduciary, the Clerk/Investigator will conduct an internet search for the Fiduciary
using free search sites, as described in the “returned mail procedure” or “investigation policy.”
If a different address is found, the Clerk shall update the eNACT party screen and note the action
on the docket screen (AFU). If a new address is found by an investigator, s/he will highlight the
new address in the investigation report and the receiving Clerk will update eNACT. If the
returned mail contains a notice of hearing and the hearing date is within 16 days, to ensure
proper notice (14 days when provided by U.S. mail) the Clerk will reschedule the hearing and
prepare and send new notices.
If a free internet search does not produce a good address, the Clerk will inform the Supervisor.
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1. Reminder Post-Cards: Reminder post cards of inventories, reports, accounts, and Notice
of Continued Administration due in 28 days are printed and sent to Fiduciaries each
Monday morning. (Post Cards are sent after the end of reporting period, but
approximately 28 before the 56 day grace period expires).
2. Failure to File Report, Account, Inventory: If an acceptable inventory, account, or report
is not received by the due date (56 or 91 days [as appropriate] after the last day of the
reporting period) a Notice of Deficiency (pc600) is sent to the delinquency Fiduciary and
his/her Attorney giving 28 days to correct the deficiency. A Probate Register File Review
(PRE on Friday afternoon) is scheduled to ensure compliance and follow-up. If no
sufficient response to the Notice of Deficiency is received:
In Adult and Minor Guardianship and Conservatorship cases (PRP): the Clerk
shall schedule a Show Cause hearing (OSC) before the Deputy Register /
Referee.
In Mental Health DD cases (MHP): the Clerk shall prepare an order suspending
the guardian and submit for the Judge’s consideration. If the order is granted,
the Clerk shall send a copy of the suspension order to all Interested Parties
(along with a blank AOT form to the Stand-By Guardian) and set a Probate
Register File Review (PRE) in 35 days to ensure follow-up.
In Decedent Estate Cases: If the PR fails to file a Notice of Continued
Administration:
If the Estate Fee has been paid and Proof of Publication (if applicable)
have been filed, the Clerk shall prepare and sent a Notice of Intent to
Close Estate Administration and Terminate Personal Representative's
Authority (pc 589) to all Interested Parties. The Clerk shall schedule a
Probate Register File Review (PRE) in 65-70 days for follow-up. If no
objection or resolution is received by the PRE, a Memorandum of
Administrative Closure will be prepared and presented to the Deputy
Register / Referee for review.
If the Estate Fee has NOT been paid and/or required Proof of
Publication has NOT been submitted, the Clerk shall send a Notice of
Deficiency to the delinquent PR and his/her Attorney giving 28 days to
correct the deficiency. A Probate Register File Review (PRE on Friday
afternoon) is scheduled to ensure compliance and follow-up. If no
sufficient response is received, a Show Cause hearing is scheduled to be
heard by the Deputy Register / Referee.
Deputy Register / Referee Show Cause Hearings: If the Fiduciary appears at the
hearing/conference with a completed inventory, account, or report, the
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Register/Referee will review it from the Bench and either accept it for filing or continue
the hearing to allow the Fiduciary time to correct and obtain sufficient support
documents to complete the filing. In the case of an account, the hearing/conference
will be passed as the Fiduciary is sent to the Clerk’s Office to pay the $20 filing fee and
return with a receipt. In the case of an account that is deemed acceptable by the
Register/Referee, an Order Allow Account (pc 585b) is generated by the Clerk
conducting post-docket processing and submitted to the Judge for signature.
If the Fiduciary fails to appear for the hearing/conference or appears but fails to bring
the missing report, the Register/Referee may continue the hearing, recommend an
order suspending the Fiduciary, or any other action allowable by law, which may include
beginning contempt of court proceedings.
Notification of Case Expiration Dates and Other eNACT reports:
Several eNACT reports are used to assist in the identification of delinquent cases and for general
case flow management of Probate Estates and Mental Health cases. As noted above, each
Monday morning the following eNACT report will be generated and processed:
Delinquent Post Card report (actual printing of reminder post cards);
Delinquent Post Card Recap (list of post cards generated that week)
In addition, within the first five days of each month, the assigned employee will generate the
following reports and take action to resolve the issue which causes the case to appear on the
list:
Minor Turned 18 v 4.0 report: Assigned Employee verifies the ward has turned 18 years
old and prints the report-generated Orders of Discharge.
Close Case Tickler – Cases to be closed (28-59 days have passed): In DE/DA cases, the
assigned Employee verifies that the fees have been paid and that the case is ready for
closure, and prepares Certificates of Completion. In MHP cases, the assigned Employee
verifies no petition to extend or new petition has been filed and prepares closing orders.
Investigations Due report (investigations due in 30 and 60 days): Assigned Employee
assigns investigators; obtains orders appointing (see Investigation Policy).
Investigations Delinquent report: (once backlog is resolved) used to verify timely
completion of investigation reports and for follow-up with assigned investigators.
All Things Delinquent report (a compilation of all actions overdue).
Bench Warrant Outstanding: Assigned Employee verifies Show Cause has not been
resolved and bench warrant should remain active.
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FIDO (Fiduciary) Class
Guardians and conservators are required to attend the fiduciary training session at the Probate Court.
Failure to appear can result in the revocation of the guardian or conservator’s authority to serve as
fiduciary or such other action as the court determines appropriate. These classes are held in courtroom
#12 on the second Friday of each month. The court recorder normally schedules these events, and they
are placed on the FARP docket at 2:00 PM for guardians and 3:00 PM for conservators. The FIDO
scheduling sheet is a two-part form. The clerk enters the case name on the first line, and the case
number on the second line. If the guardian / conservator is registered for both classes, check both
boxes and schedule the events separately. Include the date of the class, and then schedule the event in
eNact as follows:
Click Add to add the event.
Under Judge – enter the code FARP
For the event type – enter FIDO
For the event date – enter per the schedule found on the I-drive I:\CALENDARS - JUDGES\2014
Calendar.doc (normally the second Friday of the month), and then enter the time in military time:
1400 for Guardianship Classes
1500 for Conservatorship Classes
Mail the second, yellow copy to the guardian/conservator, and retain the original in the legal side of the
case file.
File Room Management
Filing – Where to File Specific Documents – JUVENILE CASE FILES
LEGAL FILE – RED/BLUE
ABSTRACTS/REPORT OF FAX TRANSMISSION
ATTORNEY APPEARANCES
ATTORNEY APPOINTMENTS
CERTIFICATION OF RECORDS
COMPLAINTS
DETENTION RELEASE
DETENTION REMAND
COURT ORDERS
JUVENILE DRUG COURT GREEN
REMANDS/RELEASES
JURY DEMANDS
MOTIONS
NOTICE OF HEARING
SOCIAL FILE - LAVENDER
AFFIDAVIT OF PARENTAGE
BIRTH CERTIFICATES
CORRESPONDENCE
DHS/POS REPORTS
EMAILS
EXHIBITS (PUT INSIDE MANILA ENVELOPES—LABEL
THEM)
INTERIM BOND RECEIPTS
MEDICAL RECORDS/REPORTS
PETITION REQUEST REVIEW
POLICE REPORTS
PSYCHOLOGICAL REPORTS
PROBATION CLOSING SUMMARIES
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PETITIONS
PDA APPOINTMENT ½ SHEET
PROOF OF SERVICE
PUBLICATION/PROOF OF FAXING PUBLICATION
PUBLICATION AFFIDAVIT
RECORD OF HEARING
REQUEST FOR ORDER
REQUEST FOR TRANSCRIPT
STANDARD PRE-TRIAL ORDER
STIPULATIONS
SUMMONS/PROOF OF SERVICE/SUBPOENAS
PROBATION REPORTS
PROGRAM COMPLETION PROOFS
RECEIPTS
RETURNED MAIL
GAIN-SS SHEETS
TRAVEL LETTER AUTHORIZATIONS
VICTIM IMPACT STATEMENTS
WEEKLY PROGRESS REPORTS
YOUTH HOME INCIDENT REPORTS
YOUTH HOME PASSES
Filing – Where to File Specific Documents – PROBATE CASE FILES
LEGAL FILE – RED/BLUE
Death Certificate
Wills (in DE / DA cases)
Applications
Petitions
Motions
Annual Accounts
Annual Reports of Guardians
Inventories
Communication from Guardians or Wards
All future documents chronologically
including correspondence to and from
court staff
NON-PUBLIC - MANILLA
Birth Certificates
Driver’s License
ICHAT Report
Social History
612 Reports
Investigation Reports
DHS Reports
Friend of the Court Reports
Internal memos/case notes
Confidential Settlements **
Secret Marriages (any info)
Adoptions (including presence of case)
WSK – the fact that a Will is on file is not
confidential, but we cannot open it without a
death certificate or return it to the testators
without receipt and photo ID
Outcards
An outcard must be placed in the file slot when removing a file from the file room. If the file is being
pulled for a docket, the paper-style outcard must be used to prevent staff from filing documents that
might be required for a hearing. The outcard should contain the following information:
File Number, File Name, Hearing Date or Date Removed, and Hearing Officer, example:
PRP-11-155, Smith, 01/05/2012, FARP (This is an example of a file pulled for Referee Owdziej’s Probate
docket).
Judge or Referee Probate Docket
Juvenile Delinquency Docket
-
Utilize Paper Outcard
Utilize Pocket Outcard
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Juvenile Neglect Docket
Probate General
-
Utilize Pocket Outcard
Utilize Pocket Outcard
The most current two years of juvenile and neglect matters are kept upstairs on the shelves, with the
balance of the prior years that remain open, being kept upstairs too. Open probate matters are kept
upstairs, with the current three years on the shelf. The balance of the closed files are moved to the
basement.
ICHAT (Background Check on Proposed Fiduciaries)
On guardianship and conservatorship cases, upon entering the petitions, the clerical staff should have a
photocopy of the proposed guardian or proposed conservator’s driver license. If there are two
proposed guardians, we should have a license for any co-guardian or co-conservator.
Enter the State of Michigan’s website into your browser:
http://apps.michigan.gov/ichat/home.aspx
Press login to get to the ICHAT login screen.
At sign-in to ICHAT enter: [email protected]
And tab to the box below and enter the password. The password changes every six months. If you do not know
the password, do not guess because after three tries it will lock everyone out of the system.
The current password is located on the lower right hand corner board that shows the dates the dockets are
blocked.
Click on Background Search on the left hand side of the screen. Enter the Last Name, First Name, Race, Sex,
Month of Birth, Day of Birth, and Year of Birth. Click on the Usage Agreement box to indicate you accept the
terms, and then click submit.
An * indicates required fields.
* Last Name:
* First Name:
* Race:
* Sex:
White
* Month of Birth:
January
Middle Initial:
Male
* Day of Birth:
* Year of
Birth:
01
Other Last name:
Other First name:
Other Middle
Initial:
Other Last name:
Other First name:
Other Middle
Initial:
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Other Last name:
Other First name:
Other Middle
Initial:
SID:
SID is criminal history identifier. It is NOT State ID.
* Usage Agreement:
I accept and understand that when submitting unpaid search requests on this system it is for the
purpose of screening potential employees and/or volunteers for a non-profit organization or for a
government agency or per MSP agreement. By accepting this agreement, our agency/organization is
subject to audit by MSP staff. For audit purposes our agency/organization must maintain supporting
documentation for 6 months after inquiry. Misuse of ICHAT could result in termination of our account.
Submit
Clear Fields
Search Results
ICHAT will take you to the next screen, and on the right hand side you will see a box labeled *Your
Order*. Click on checkout, or run another ICHAT if necessary from this screen.
Click on individual’s name, and click view responses.
Print out a copy of the ICHAT and place it loosely in the file. The ICHAT will be placed in the shred
canister once letters have been signed.
Independent Medical Exam (IME) Policy
PSYCHOLOGISTS AVAILABLE FOR INDEPENDENT PSYCHOLOGICAL EVALUATIONS
NAME:
ADDRESS:
PHONE:
FAX:
BERKER, ENNIS
310 Miller Ave, Ann Arbor, MI 48104
(269) 217-2992
CLARK, CHARLES
117 N. 1ST ANN ARBOR, MI
(734) 769-6490
GREENSPAN, MARIE
217 KNOWLES, STE 260 ROYAL OAK,
MI 48067
(248) 543-9927
SHULMAN, MICHAEL
117 N. FIRST ST. ANN ARBOR, MI
48104
(734) 623-0025
STERN, CHARLES
20811 KELLY RD., STE8 EASTPOINT,
MI 48021
(586) 445-3612
(586-445-0700
WATSON, GEORGE
PO BOX 130801 ANN ARBOR, MI
(734) 295-4508
(734) 944.2359
(734) 543-9928
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48113
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STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WASHTENAW
FAMILY DIVISION
IN THE MATTER OF:
Independent Clinical Evaluations in Mental Health Matters
HONORABLE DONALD E. SHELTON
The court will at times require access to professional services for an independent clinical
evaluation (Mental Health Evaluation) in mental health cases.
The respondent has the right to an independent evaluation at his or her expense or, if Indigent,
at public expense. MCL 330.1463. The respondent may choose his or her own examiner if the
examiner agrees and the appointment does not require unreasonable expense. MCR 5.733(A).
The examiner’s fees must be reasonable, based on the time required, the examiner’s experience
and training, and the local fee for similar service. MCL 330.1463(2); MCR 5.733(B). The examiner
must submit an itemized statement of services for court approval.
The Consultant (or Independent Evaluator) will conduct Mental Health Evaluations, which will
include a clinical interview, document review and court report. When necessary the consultant
will provide testimony at court hearings.
Upon completion of the clinical interview, document review, court report and submission of
invoices the Court will pay the Consultant (Independent Evaluator) seventy-five dollars ($75.00)
per hour not to exceed three hundred dollars ($300). The court will not pay for travel time, or
mileage. If required, the Court will pay an additional seventy-five dollars ($75) per hour for
court testimony.
All invoices should include the case name, the name of the individual performing the work, the
number of hours worked and dates of service and must be submitted within six months from
the date of the evaluation.
This Order takes effect on 1/1/2012.
IT IS SO ORDERED.
_________________________________
DONALD E. SHELTON
Circuit Judge
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Interpreters
On Juvenile matters, interpreter requests are generally handled through the courtroom, by the court
reporter although from time to time you might encounter a request in advance of a hearing. In this
instance, you would email Susan Synowiec and provide the following information:
Case Number
Child’s Name
Parent’s Name
Who the Interpreter is for (parent/child)
Language Being Interpreted
Date and Time of Next Hearing
Type of Hearing
If this is a juvenile delinquency hearing, please provide the type of offense.
Once you have emailed Susan make an entry in eNact of JINO, and that will put up a flag that an
interpreter was ordered. Update the JINO entry with date and time of hearing.
On Probate matters, the request can come through parties filing petitions, the courtroom, court
reporter, or Judge’s offices. In this instance, you would email either Susan Synowiec or Deborah Shaw
and provide the following information:
Case Number
Case Name
Who the Interpreter is for (can only be a party to the matter)
Language Being Interpreted
Date and Time of Next Hearing
Type of Hearing
Make a free entry indicating that the interpreter has been ordered.
Motion and Order to Show Cause
There are times during a case where parties have not complied with Court orders, and the Court has
taken steps to remedy the breach, but parties still have not complied. For example, on a DE case if a
party has not paid their inventory fee, a deficiency notice might be sent, a conference might be held, a
“fake” show cause might be held by the Referee and still the parties don’t comply. This leaves the court
with no alternative but to schedule a formal show cause hearing so that parties can come in to answer
to the Judge why they are in contempt of court.
The following link shows an example form MC 230 with the correct fields added: I:\Sample
Orders\show cause.doc . The proof of service is also completed when the motion is served.
It must be notarized, and signed by a judge. The show cause can be served by ordinary mail, but you
must allow at least seven days for service. Once you have mailed the motion and order to show cause,
complete the proof of service and place in the file. The Court keeps the original judge-signed document
and a sealed copy is mailed or served on parties.
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The hearing is set as JSHS for juvenile matters and OSC for probate matters. Judge Shelton hears
juvenile show cause matters, and they are set on Wednesdays at 1:30 PM. Judge Connors hears probate
show cause matters, and they are set on the normal Thursday morning probate docket. Update the
directive with the nature of deficiency or reason parties are being show-caused.
Opening and Processing the Mail
Opening the Mail
The court will receive all sorts of mail. There will be payments from respondents (juvenile cases),
notices from attorneys, petitions from petitioners, letters from the public, filing fees, Reports,
Inventories, Death Certificates and much more. In most cases it will be the clerk’s responsibility to open
the mail. It should be date stamped and processed daily.
Mail Distribution:
Mail marked “Confidential” and mail for Judges, Referees, Administrators, and Friends of CASA,
will be distributed to the appropriate person without being opened. The envelope shall be date
stamped.
Mail for probation staff will be opened and the envelop date stamped.
All other mail will be opened; reviewed for sufficiency (i.e. a petition is signed by the petitioner);
and date stamped “filed.”
Many attorneys submit duplicate documents along with a self-addressed stamped envelope and
request that a date stamped second copy be returned to them (as documentation that the court
has received their filing). As the document is reviewed for sufficiency, if acceptable the
duplicate can be stamped, placed in the return envelop and placed in the out-going mail basket.
Processing Checks Received in the Mail:
Separate documents with checks attached and divide into a “Juvenile” pile and a “Probate” pile.
Review each check in accordance to the “Processing Checks and Money Orders Received in the
Mail” policy (dated 1/30/2012) and the “Personal Check” policy (dated 1/30/2012) to determine
if it is an acceptable check; record each check on the appropriate check log (Juvenile or Probate)
found on the M: drive (date; case number; payor; check number; amount; and Clerk’s initials).
Give any new petitions with filings fees (cases that do not have case numbers yet assigned) to
the Clerk assigned to open petitions. If a check is attached to an inventory in a decedent estate
case, log-on the inventory; calculate the fee; and post the fee before handing the filing/check to
the Clerk at the counter.
The check / money order is reattached to the filing and Juvenile filings/checks are given to the
Clerk assigned to the 1st floor Juvenile counter and the Probate checks/filings are given to the
Clerk assigned to the Probate counter.
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If at all possible, checks will be cashed within the same day of receipt. For those checks that
cannot be processed on the same day as received, the checks shall be reattached to the
pleadings and each clerk shall put their own checks/pleadings into a single inter office envelope
and the envelope shall be placed in the departmental safe.
Once the Clerk assigned to the counter cashes the check, filings that are completely processed
are filed by the clerk assigned to the mail. Filings that require additional action (i.e. scheduling a
hearing) will be returned to the Clerk assigned to open the mail.
See Chapter 5 (Compliance / Oversight of Fiduciary Responsibilities) for instructions on the
review and acceptance of Probate Annual Reports and Annual Accounts.
Returned Mail
Upon receipt of returned mail – if there is notice of a forwarding or new address, update eNact:
On the party screen, select the person and click “Change”
In juvenile cases, delete the old entry and enter the new address and click OK
In probate cases, delete the old entry and click OK; select the party again and enter the new
address, click OK
Prepare a new envelop with the new address and resend the document that was returned.
On the docket screen,
MR – mail returned (include name of document, to whom it was sent, at what address)
AFU – Updated address of Fiduciary OR FREE (juvenile cases) – updated X’s address
FREE – resent x document to x person
If a new address is not provided:
Verify the address using the postal service website. If the address is a valid address, call the phone
number in eNact in attempt to reach the party t, o obtain a current address. If effective, record new
address re: above. If phone number is disconnected or no longer assigned to party move last known
address from primary to secondary address field in eNact and type in primary address: “last known and
bad address.” Update the Docket screen as appropriate.
Personal Service
In a delinquency proceeding where the minor and/or parent have failed to appear, a summons must be
served on the parent(s), guardian or legal custodian having physical custody of the juvenile, directing
them to appear with the juvenile. The juvenile must also be served with a summons to appear. If the
juvenile and parent have appeared in court prior to trial in response to a summons, a new summons
does not have to be served for the trial.
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In a child protective proceeding, where the respondent parent(s) has failed to appear, a summons must
be served on the respondent(s). A parent, guardian or legal custodian who is not a respondent must be
served with notice of hearing in writing via U.S. mail. If the parent has appeared in court prior to trial in
response to a summons, a new summons does not have to be served for the trial.
Once it is determined that a summons needs to be served (either the matter is scheduled for trial, or the
minor/parent has never appeared in person), the clerk is to prepare the appropriate summons: JC20
Summons: Order to Appear (Delinquency Proceedings) or a JC21 Summons: Order to Appear (Child
Protective Proceedings). The summons must contain the following information:
Case number, Petition number, Case name
Name and address of person to be served
Type of hearing
Date, time and place of hearing
Next, the clerk is to type the case number and petition number on the Proof of Service form attached to
JC20 or JC21. A copy of the petition must be attached to the summons being served. The summons is to
be stamped with the judge’s signature stamp on the signature line. The proof of service should be
paper-clipped on top of the summons & petition and placed in the service tray housed in the reception
area. The Washtenaw County Sheriff Department Civil Division will pick up these forms, serve or
attempt to serve them and provide a return of service to the court. Email the Civil Division when you
have something to be picked up at [email protected] or call Jim Damron directly at 734-2600104.
A docket entry (SUM) is to be made indicating that a summons was issued, detailing who was to be
served, the date(s) of the hearing noted on the summons, and that the summons was placed in the
service tray. A copy of the summons with the Judge’s signature stamped on it is to be placed in the legal
file. A checkmark is to be placed in the upper right corner of the form, and the form is to be placed in
the legal file.
Service in the courtroom: If the respondent(s) appears in court for a hearing where a trial date is set,
the recorder in the courtroom will prepare and serve the proper summons and proof of service forms as
described above. The clerk is to place the judge’s signature stamp on the copy of the summons to be
filed in the court file. In a delinquency matter, the minor and parent(s) must be served. The clerk must
fill out the Proof of Service form and have his/her signature notarized.
A docket entry (SUM) is to be made indicating that a summons was issued, detailing who was to be
served and the date(s) of the hearing noted on the summons. A copy of the summons with the Judge’s
signature stamped on it is to be placed in the legal file. A docket entry (PSV) is to be made indicating
who was served and how/where service was made and by whom. A checkmark is to be placed in the
upper right corner of both forms, and the forms are to be placed in the legal file.
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Out of County Service: The Washtenaw County Sheriff Department Civil Division will serve the court’s
paperwork in the following counties: Livingston, Macomb, Monroe, Oakland, Washtenaw and Wayne
Counties. Should service need to be made in other lower-Michigan counties, contact the Civil Division to
determine if they will facilitate service.
If the Washtenaw County Sheriff Department is unable to facilitate service, the clerk will need to contact
the Sheriff’s Department in the county where the respondent resides to arrange for service. The clerk
will need to obtain the following information:
Name & address of Sheriff’s Department
Name/Department of contact person
Cost of publication
To whom check is to be made payable
This information needs to be provided via email to the attorney/billing officer, who will have a check
produced and provide it to the clerk. Once the check is received, a copy of the summons, petition and
proof of service, along with the check, are to be mailed to the Sheriff Department who will be providing
service.
A docket entry (SUM) is to be made indicating that a summons was issued, detailing who was to be
served, the date(s) of the hearing noted on the summons, and who will be serving the summons. A copy
of the summons with the Judge’s signature stamped on it is to be placed in the legal file. A checkmark is
to be placed in the upper right corner of the form, and the form is to be placed in the legal file.
A summons shall be personally served at least:
14 days before hearing on petition seeking termination of parental rights or a permanency
planning hearing
7 days before trial or a child protective dispositional review hearing;
3 days before any other hearing.
Once the Proof of Service/Non-Service is filed with the court, a docket entry (PSV) is to be made
detailing who was to be served and for what hearing date(s), whether or not the party was served and
who performed the service. (For example, “John Jones was personally served to appear for trial on
1/1/09; service provided by Deputy Jones from the Washtenaw County Sheriff’s Department.”) A
checkmark is to be placed in the upper right corner of the Proof of Service, and the form is to be placed
in the legal file.
Pick Up Orders / Warrants / Recalls
A recall of warrant form MC220 notifies the police agency to remove the warrant from LEIN.
Contact Information:
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WCSD Central Dispatch: 734/994-2911; email: l-sheriffdispatch
Ann Arbor PD: 734/994-2910; Pat Hughes: 734/794-6930, ext. 49314
Policy/Procedure:
Pick-up orders are sent only to the Washtenaw County Sheriff’s Department and the Ann Arbor Police
Department. We do not send them to any other law enforcement agency. If a minor resides in the city
of Ann Arbor, the pick-up order is sent to AAPD. Both are sent via inter-departmental mail to:
WCSD / City of Ann Arbor Central Dispatch
All pick-up orders must have the court seal placed over the Judge’s signature.
Detention receives a copy of the pick-up order if the minor is to be placed in that facility. Send them
inter-office to Youth Center – Children’s Services – Washtenaw Avenue along with a copy of the
Probation Violation or Court Order Violation, if applicable.
Orders requiring that a child be removed from the home must include language demonstrating why it’s
contrary to the welfare of the child to remain in the home. For a probation violation, the following
wording is applicable:
“Parent or relative with whom the child is placed provides inadequate supervision to assure the minor’s
compliance with probationary/court orders.”
For failure to appear for a court hearing: “Parent or relative with whom the child is placed is unwilling or
unable to assure the minor’s appearance in court.”
Cash bond wording: “Cash bond for fines and cost in the amount of $______.”
Failure to appear pick-up orders:
1) Receive file or request for pick-up order based on failure to appear. This request is frequently
from the court reporter following a hearing.
2) Prepare pick-up order, give the first two pages to the Referee Coordinator in a manila folder.
3) Enter a free code in eNACT stating that the pickup order has been prepared and submitted to
Referees with the current date.
4) Upon receipt of the signed pickup order, enter the Judge and date of the signature. If the minor
is to be placed in the Washtenaw County Jail, note that as well, along with the police agency, the
worker, and the youth center. Most pickup orders are signed by Judge Shelton, but from time to
time you may need a back-up Judge in an emergency. Note the parties on the bottom of page
one that the order was distributed to.
If the failure to appear pick-up order stems from a case where probable cause testimony is taken, please
check box b. at number 3 and include the date of offense and offense on the order.
X b the juvenile is charged with committing an offense that would provide authority for issuance of a warrant were the juvenile
. an adult. Date of offense:
12/30/09
Offense: HOME INVASION
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Probation Violation / Court Order Violation pick-up orders:
1) Receive probation violation/court order violation with request for pick-up order.
2) Enter probation violation/court order violation on petition screen in eNACT.
3) Prepare pickup order. If the probation officer checks that he or she will attempt to apprehend
the minor, when typing the pickup order, enter on page two both the police agency and
probation officer (i.e., Washtenaw County Sheriff Department OR Probation Officer – to any
Peace Officer or: line).
4) Enter a FREE code in eNACT stating the pickup order was typed and submitted to Tamala Jones
for the Judge’s signature, along with petition 00X for authorization by the Referee.
5) Upon receipt of the signed pickup order and authorized petition, enter the authorization date
on the petition screen.
6) If the probation officer checks that he or she will attempt to apprehend the youth, contact the
probation officer to determine if that is still the case, and ask them to contact you if they are
unable to apprehend the youth and then send the sealed copy to the police agency.
7) Enter the pickup order on eNACT. Indicate which department the order was issued along with
the probation officer and Youth Center. If the probation officer will first attempt apprehension,
note that the order was not sent for LEIN entry because the probation officer will first attempt
to detain the youth.
8) If the probation officer attempts to apprehend the youth, make a copy of the pickup order,
place the court seal on it, and hold it at your desk. If you have not heard within 48 hours
whether the minor was apprehended by the probation officer, contact them and they will
determine whether the order should be sent to the police agency or if you should continue to
hold the order.
Recall Warrants
1) If a probation officer requests a recall warrant, they must have a closure order, the child must
be in custody, or a cherry slip needs to be prepared.
2) Contact the police agency and cancel the pickup order, and complete the Recall of Warrant
MC220. To remove the flag in eNACT, enter the code RCW – Recall Warrant – Minor in Custody.
Update the entry with the time of cancellation and the individual you spoke with, and the
agency. The green copy of the recall goes to the Youth Center, the yellow copy is kept at the
Juvenile Court for follow-up, and the police agency gets the pink and gold copies.
3) If the pickup order was not sent for LEIN entry, complete Recall of Warrant MC220, and indicate
that it is an “in-house cancellation only”, send to the Youth Center when applicable and enter on
eNACT.
4) When the signed MC220 is returned by the police agency, shred the yellow copy, file stamp the
recall of warrant, and file in the legal file on top of the original recall of warrant in the file.
5) Periodically review the yellow copies of the recalls to verify that all cancellations have been
processed by the police agency.
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Record Retention Policy
The Archives of Michigan takes responsibility for permanently preserving and providing access
to the following circuit court records because these records possess historical significance to
the state of Michigan:
1. Before 1940: Item 16.041A--All case types (except adoption, see item 16.051) from all
counties are authorized for transfer. Courts may keep these records permanently, but if
they do not want to maintain them and the records still exist on the approval date of
this schedule, the records must be transferred to Archives. The records may not be
destroyed.
2. 1941 to Present: Item 16.041B--All case types must be retained for the minimum
retention period of ACT+25; however, courts are encouraged to retain the records
permanently themselves for historical purposes.
3. All Years: Judgments and orders covered by item 16.042 are to be permanently
retained by the court. However, courts may contact the Archives of Michigan to request
authorization to transfer the records, if they cannot fulfill their responsibility to retain
the records permanently.
Item
Retention Schedule
Probate Court Inventory of Safe Deposit Box
Creation + 1 Year
Probate Court Secret Marriage Files
Permanently
Probate Court Receipt of Return of Will to
Testator
Permanently
Adoption Related Records
Permanently
Emancipation of Minors Granted
Active until the date the minor becomes age 25, or
sooner for good cause
Active until 6 years from the date of creation, or
sooner for good cause.
Active + 2 Years active until the date the minor
becomes age 18. These files may not be microfilmed
or otherwise copied.
Active until the date the minor becomes age 17, and
not more than 28 days after that date, or sooner for
good cause.
Active until the date the juvenile becomes age 17,
and not more than 28 days after that date, or until
dismissal from court supervision, whichever is later,
unless the juvenile subsequently comes within the
Emancipation of Minors Denied
Waiver of Parental Consent
Juvenile Delinquency Files - Petition Diverted,
Petition not Authorized
Juvenile Delinquency Files - Consent Calendar
(Legal and Social Files)
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Juvenile Delinquency Files, Traffic/Ordinance
Files, and Personal Protection Files (Legal and
Social Files)
jurisdiction of the court on the formal calendar, or
sooner for good cause.
If a case on the formal calendar is transferred to the
consent calendar, the register of actions created for
the formal calendar must be maintained
permanently.
Even though the legal and social file will have
identical retention periods, it is important to
maintain the files in such a way as to preserve the
social file's confidentiality. The legal file will typically
include authorized petitions, requests for counsel,
requests for appeal, notices, summonses,
subpoenas, service of process, abstracts, and orders.
Active until either: 1) the date the person becomes
age 30; or 2) sooner for good cause, provided the
adjudication of the petition is not for an offense
described in MCL 712A.18e(2). This includes files of
proceedings where the court did not take
jurisdiction after authorizing a petition.
When an adjudication is set aside in a case heard on
the formal calendar, the record must be maintained
as a nonpublic record and may not be destroyed
until the full retention period has expired, or sooner
for good cause.
When the court destroys its files regarding a juvenile
proceeding on the formal calendar, it shall retain the
register of actions, and, if the information is not
included in the register of actions, whether the
juvenile was represented by an attorney or waived
representation.
Child Protective Files - Petition Referred/Not
Authorized
Child Protective Files - Petition Referred/
Authorized
Even though the legal and social file will have
identical retention periods, it is important to
maintain the files in such a way as to preserve the
social file's confidentiality. The legal file will typically
include authorized petitions, requests for counsel,
requests for appeal, notices, summonses,
subpoenas, service of process, abstracts, and orders.
Active until the date the minor becomes age 18, or
sooner for good cause.
Active until jurisdiction over the child ends, except
that where records on more than one child in a
family are retained in the same file, destruction is
not allowed until 25 years after jurisdiction over the
last child ends. This includes files of proceedings
where the court did not take jurisdiction after
authorizing a petition.
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Conservatorship Files
Guardianship Files
This record series includes guardianship files for
developmentally disabled persons, legally
incapacitated individuals, and minors.
Mental Health Code Proceedings Files
Trust Files
This record series includes files on testamentary
and inter vivos trusts.
Wills Delivered after Death of Testator
Wills Filed For Safekeeping
These records should not be microfilmed until
they are opened for purposes of probating the
will or in cases in which the testator died but an
estate was not opened.
Even though the legal and social file will have
identical retention periods, it is important to
maintain the files in such a way as to preserve the
social file's confidentiality. The legal file will typically
include authorized petitions, requests for counsel,
requests for appeal, notices, summonses,
subpoenas, service of process, admitted findings and
recommendations of the Foster Care Review Board,
abstracts, and orders.
Permanently
Permanently
Permanently
Permanently
Permanently
Permanently
Record Searches
To standardize the process used to identify and provide specific information given to the public, who are
not present at the courthouse, in response to record search requests
Definitions: Record Request is defined in the Trial Court Local Administrative Order 2010 – 14J which
states: “For persons not present at the Washtenaw County Courthouse, upon written request and
payment, the court will perform Name/Litigation Searches, through the year 1979, for a fee of five
dollars ($5.00) per name. For requests for searches for years prior to 1979, an additional fee of one
dollar ($1.00) per year requested is added to the initial five dollar ($5.00) fee.” Only public records may
be disseminated to the public. Non-public records are defined in the Nonpublic and Limited-Access
Court Records Chart used in conjunction with Component 19 of the Michigan Trial Court Case File
management Standards. With the advent of credit card processing over the telephone, requests may
come over the phone with a credit card used to pay the fee.
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Policy/Procedure: A record search request will be received by court staff via telephone or letter. Court
staff will perform a name/case number search upon payment of $5.00. The court clerk will perform the
search and provide the case information in the following manner:
Clerk is to enter the last name and first name (middle name or middle initial and date of birth, if
provided) into the Search screen of eNACT. Press enter and this will go to the Search Result screen. All
the results for the name entered will appear. Screen print all the results that appear.
If a D.O.B. is provided to help limit the search, press the “profile view” tab on the top of the Search
Result screen, screen print the results of this search.
If results are being sent back to the requested party via U.S. mail, attach all screen printed results to the
standard search request response form (located on the G: drive, Trial Court Policies and Procedures
folder) and place these in the provided self addressed stamped envelope and place in mail pick up. All
requests should be accompanied by self addressed stamped envelopes, but service will be provided
even in the absence of a SASE.
A standard search request response form (attached) will be returned with all screen printed search
results.
State Archives
Some County Probate Court records are of value to genealogists. Estate files may contain the name of
spouses, siblings, and children as well as information about the estate. The following records are in the
Archives of Michigan unless otherwise indicated.
This series of records may include: Petition for the appointment of administrator of estate; order for
hearing of petition to settle estate; bond of executor or administrator; order granting power of letter of
administration; letters of administration; published notice of estate together with sworn statement of
publisher; order for appointment of guardian; guardian’s bond; petitions for appointment of guardian;
report of sale of real estate; “letters testamentary” requesting inventory of goods, chattels, rights,
credits and real estate of deceased; statements of monies due; contracts; petitions for determination of
heirs; certificate of probate of will; will; petition for license to sell real estate; administrator’s license to
sell real estate; appraiser’s warrant; confirmation of sale; bond or sale of real estate; receipts for
probate fees; claims for payment of bills; receipts; commissioner’s warrant and report of claims
presented, examined and allowed; occasional letters; discharge of administrator; record of obligation of
guardianship for minors and heirs of estate with petitions for appointment; letters granting authority;
and bond of the appointed guardian. Some cases may be missing. Arranged numerically, unless noted
otherwise.
County Inclusive Dates/Arrangement Record Group Regional Depository
Washtenaw 1828-1889 RG 2005-79.
Other Probate Court Records may also be of value. More information about the contents of each series
can be obtained by visiting the Archives of Michigan or the cited depository where the records are on
deposit.
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DUE TO THE CONTENT AND ARRANGEMENT OF PROBATE COURT RECORDS, RESEARCHERS ARE
ENCOURAGED TO VISIT THE ARCHIVES OF MICHIGAN IN ORDER TO EXAMINE THE FILES. Additional
information can be found at the:
ARCHIVES OF MICHIGAN
702 WEST KALAMAZOO STREET
P.O. Box 30740, Lansing, MI 48909
517-373-1408
[email protected]
www.michigan.gov/archivesofmi
Request to Appear by Telephone
Requests to appear by telephone must be submitted in writing prior to the hearing. These requests are
accepted by fax. Petitioner must be present,
Third Floor Reception Duties
1) Attorney Request
Delinquency Matters – Youth leaving court following preliminary inquiry hearings on Tuesday or
Friday at 1:00 and 3:00 PM are the most-likely to request an attorney. The Public Defender’s
office reviews the docket prior to the hearing and indicates if they are able to accept the case.
Check the listing to see if they can accept and fill out the appropriate paperwork according to
the procedure. If the PD’s office cannot accept the case, we need to go to the next firm, Legal
Defense Group. If you have a case that the PD’s office can’t take, please email Susan for
assistance in obtaining counsel for the youth.
Neglect Matters – For emergency hearings, a GAL will be appointed for the child prior to the
hearing. Typically the Public Defender’s office represents the child. If they are not able, we go
to the next contract firm Legal Defense Group. Usually, it is the parent leaving the hearing that
is going to request counsel. Follow the outlined procedure for appointment.
2) Scheduled a Predisposition Assessment (PDA)
Once a youth has either admitted or been found responsible of charges and have been referred
to probation, they need to schedule to meet with a probation officer. Donna White assigns
probation officers to cases. There is a binder at the desk with the appointment dates/times. Fill
out the PDA slip with the correct time and date of the meeting. These are the only times we
schedule; if there is a conflict the parent is advised to call back later in the week and ask to
speak with the probation officer so that they can schedule for a different time (you should be
able to determine the probation officer by checking the filing screen at the bottom left for the
probation officer’s initials after Donna White has made the assignment).
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Locate the youth’s probation file in the drawer on the left side of the desk and place it in the
supervisor’s mailbox (Donna White) with the PDA slip. Update the Docket screen of eNact using
the code “PDAS” and update the entry with the date and time of the scheduled meeting.
3) Inquiry List - For youth not formally involved in the court process, the court provides
caseworkers to talk with parents about their youth, recommend services, and provide support
prior in hopes of preventing formal intervention. Workers rotate daily or weekly, and the 2012
schedule is posted upstairs. Immediately call the worker’s office number and alert them that
their party is there, or transfer the call. If the caseworker is not available, instruct the customer
that they will call them back within 24 hours.
4) Cherry Slips
A cherry slip is a way for a probation officer to request action be taken on a case. They are most
often used to reschedule hearings or modify some term of probation such as the length of
probation. You would use the blank order JC22 found in the delinquency folder and enter the
appropriate text such as “Minor’s probation extended to September 30, 2011 to allow more
time to pay fees”. In this instance I would title the order “ORDER EXTENDING PROBATION”.
One copy goes back to the referee for signature, and the other goes into the tray in Susan’s
office for a Judge’s signature. If the request is to reschedule a hearing, reschedule the event in
eNact; prepare and send notices of the new hearing date. Cherry slips must be signed by a
Probation Supervisor.
5) Detention / Drug Court Remand / Releases - Probation officers will file remands and releases for
youth in the Detention Center. If a probation officer is remanding a youth, the entry is OUT and
REM and the docket screen is updated accordingly. For youth in the Drug Court, the codes are
OPJDC for placing in residential or ORJDC for releasing from the residential program.
6) Statement of Services for Attorneys - Attorneys may request a blank copy of the MC221 to
submit their statement of services. Blank copies are available upstairs.
7) Excuse Letter -Blank copies of a letter excusing an individual from work or school because they
had to attend court can be found in the desk drawer. Please fill out the letter as appropriate
and sign and give to parties (no enact entry is needed).
8) Mailboxes - There is a mailbox for each probation officer as well as the supervisors on the third
floor. Please distribute mail accordingly. Do not open mail addressed to LEB or the referees.
Date stamp the envelope and place the unopened mail in their mailbox.
9) Hearing Reports -Probation officers file an original hearing report for the file and a Referee copy.
No enact entry is needed; the original report needs to be placed in the file as soon as possible
(prior to the hearing).
10) DHS Reports - DHS will periodically file court reports at the reception window – please file stamp
in. There should be one original for each child; no enact entry is needed, but the report needs
to be placed in the file as soon as possible (prior to the hearing).
11) Retail Fraud Class or Victim Awareness Class - Probation staff hold classes regarding retail fraud
and victim awareness periodically through the month. Have youth wait in the chairs in the
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hallway outside reception. The worker teaching the class will be available shortly to escort
youth to class.
Transport of Washtenaw County Jail inmates to Court Hearings
In many instances a person in Jail may participate by telephone. However in mental health hearings or
in any instance when the hearing officer directs that a party currently residing in the Washtenaw County
Jail be present at a hearing, the Clerk shall arrange transport for the inmate to the hearing:
Email Kurt Schiappacasse at [email protected] (or in his absence, his designee)
with the name of the inmate, the date and time of the hearing, the courtroom, and the Judge
presiding.
Fax a copy of the notice to appear to Jail Booking at 734-973-4775.
Note these actions in eNact and on the bottom of the notice.
Withdrawn Petitions
To withdraw a petition, a blank court order needs to be prepared stating that petition 00X has been
withdrawn or it is contained in the closing order – JC36 if it was not addressed in the courtroom. Once
the order is signed, update the Count Petition screen in eNact to reflect that the petition has been
withdrawn based on the date of the referee signed order.
In Probate, if a petitioner wants to withdraw their petition it must be in writing. They submit the
request to withdraw their petition. The clerk enters the request on the register of actions, and cancels
the hearing. The disposition screen is then updated with the code ACL for administrative closure and
then the case is closed if this is a new case.
If there is a petition on an existing case, and the petitioner wishes to withdraw their petition, cancel the
hearing and enter the request on the register of actions.
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Writs
Writs are needed when a party is incarcerated and their presence is required for a court hearing. The
MDOC can either bring the respondent, parent, defendant, or they can participate by telephone. For
juvenile neglect hearings and delinquency hearings, the prosecutor is responsible for preparing the writ
and serving it on the MDOC. If the neglect petition is brought and filed by private parties (not DHS),
then the petitioner is responsible for having the parent writted-out. If the party is in the county jail, the
jail makes arrangements to bring the party to court. If the party is on the mental health docket and they
want to attend their own hearing, either the jail or the Huron Valley Correctional Facility would
transport the respondent. Frequently on minor guardianship cases, when a parent is incarcerated, the
clerical staff arranges to either have them brought to Court or to participate by telephone.
The Michigan Department of Corrections has centralized process for writing out inmates. By either
faxing or emailing the writ to MDOC, they will send a confirmation email stating that the transportation
writ has been received. If you do not have the party’s MDOC number, check the OTIS website and
search their name to obtain.
They can be contacted as follows:
Email: [email protected] (include the MDOC prisoner name and number in the subject line
and date/time of hearing.
Central Records Administration:
Laurie Scott – 517/780-6121
Breanna Hurst – 517/780-6467
Paul Channels – 517/780-5621
A sample writ is shown at the following link: I:\Sample Orders\private petition mdoc writ.doc
If the inmate is to participate by telephone, the following form MC286 should be prepared and sent to
the MDOC. This form needs to be Judge-stamped by the deputy probate registers. A sample probate
form is shown at the following link: I:\Sample Orders\MC-286 TELEPHONE PARTICIPATION PROBATE
COURT.doc; and a juvenile sample at this link: I:\Sample Orders\MC-286 TELEPHONE PARTICIPATION
JUVENILE COURT.doc.
It is very important to include the inmates MDOC number. Once you have secured that they will
participate by telephone, add the facility contact information to the directive on the event screen,
including the phone number and name of any individual you should request, inmate name and MDOC
number. If you do not have the inmate number and do not know the facility to contact, follow the link
to:
http://mdocweb.state.mi.us/otis2/otis2.aspx
Enter the last name, first name, sex, and under offender status – select All, and then click on Search:
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The results should provide the a listing of inmates based on this information and you should be able to
match the date of birth in most instances. The far left column lists the MDOC number – Offender
Number.
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V.
FINANCIAL PROCEDURES
Internal Controls - Cash Trays
Purpose: To create a uniform policy for handling cash payments that promotes efficient transactions
and provides for appropriate internal money handling controls.
Definitions: A locked unit is a tray, a cash drawer, or some other freestanding unit that is utilized for
transacting cash payments to the court.
Policy/Procedure:
Each service counter will have a minimum of two locked units. The locked unit is kept empty except
when in use at the window.
Each clerk assigned to cashiering service counter duty will have their own locked unit for the day. At the
start of the day each clerk working at a given counter station (both the ‘primary clerk’ and the ‘backup
clerk’) will sign out a bag of start cash ($100) from a supervisor; verify the amount of start cash; initial
the cash log; and place the start cash in the locked unit. Cash will be maintained in the locked unit
secured to the service counter.
For lunch and breaks the backup clerk will replace the primary service counter clerk, utilizing the second
locked unit for processing payments.
At the end of each clerk’s shift on a given day, each clerk will first count out $100 in start cash, the count
will be verified by the departmental supervisor or another clerk and they will sign the cash log sheet
indicating the date and the amount of money placed in the cash bag. Next the $100 will be placed into a
cash bag and placed into the departmental safe.
End of day money is counted and verified by a clerk not working out of that cash drawer, logged and
initialed by both on the cash log, and given to the departmental supervisor (or designated supervisor in
their absence) along with the daily eNACT receipts register report for the clerk who worked out of the
given locked unit and any cash or checks/money orders taken in after the end of day report is run.
The end of day deposit is prepared by a supervisor within each given department (Juvenile/Probate,
Civil/Criminal, Domestic/FOC and Records Management) and placed in the departmental safe along with
the locked, verified cash bags. Supervisors, other administrators, lead or other designated clerks will
serve as back up when necessary.
For the Juvenile/Probate department, two locked units will be designated for juvenile payments and two
locked units will be designated for probate payments. Both locked units will be in operation during all
hours that the Trial Court is open to the public. One of the two clerks assigned to the service counter will
be assigned to process Juvenile Court payments and the other clerk will be assigned to process Probate
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Court payments. Payments can be passed between clerks behind the counter as needed for processing
in order to facilitate ‘one stop shopping’ for customers.
Manual Receipting
There are times when the case management system goes down and the cashier must manually receipt a
payment. The following process applies.
1)
Obtain receipt book from Supervisor. The receipt book is to be kept in the safe.
2)
Fill out the following items on the preprinted receipt: Name of person making payment, case
number, dollar amount of money being tendered and indicate the method of payment (cash or check),
sign the receipt and give the payor the signed original. Include on the receipt, what the money is for;
certified copies, filing fee, court fees, etc.
3)
When the case management system comes back online, enter the payment in the system, and
be sure to include the corresponding receipt number from the book; i.e., Receipt number 156841. Once
you have entered the payment in the case management system, write the eNact receipt number on the
paper manual receipt. Detach the manual receipt copy and place in the cash drawer for the end of day.
The paper copy is stapled to the end of day report.
Personal Check Cashing Policy
Purpose: To create a consistent, uniform approach to handling and processing personal checks.
Definitions: A personal check is a check written to the court by an individual or individuals and is
different than a check written from a business or law firm or a cashier’s check or money order.
Policy/Procedure: The Trial Court will accept personal checks up to $500 for all purposes except for
bonds. This limit may be reconsidered by a supervisor on a case by case basis.
Receipting Payments
Purpose:
Following a youth’s disposition hearing or after an adjudication, the fees need to be entered into the
case management system. The purpose of this procedure is to provide employees with a method to add
a receivable to eNact.
Definitions:
Receivable: Money a respondent is ordered to pay.
Policy/Procedure:
From the financial screen, select post receivable.
Enter transaction code JDEL
Action Date = Today’s Date (T tab)
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Enter the total amount of probation, crime victim rights, and court cost fees added together
Press okay at the bottom of the page.
The next screen will bring up the type of fees and allow you to distribute the breakdown. Please add the
state minimum fee separately, as well as restitution separately as a separate receivable posting using
JSMC in the TC Code or JRST in the TC Code area.
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Enter the proper breakdown next to the box where you are adding the fees:
JCVA = Crime Victim Fee
JCTC = Court Costs
JPBR = Probation Fees
The following receivable codes should be posted separately because the state minimum fee is
frequently waived and easier to waive if it’s broken out separately. Restitution needs to be added
separately because it posts as a payable as well as a receivable.
JSMC = State Minimum Fee
JRST = Restitution Ordered (Place this in the TC Code Box)
Put the total amount in the box at the top and under Parcel / Petition enter the number 001. Once you
have your breakdown of the fees added, press okay and eNact should indicate that the receivable was
successfully added.
JCTC is used for youth on the consent calendar (retail fraud) and is $150.00
JPBR is used for youth on the CSC docket and the fee is $100.00
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Attached is a listing of all Juvenile codes, but the most-commonly used ones are shown above.
On ticket cases that are filed based on local ordinances, you will need to have the code for the
municipality and enter the fees under that code. For example, a youth issued a ticket under a
Ypsilanti Township ordinance, the fee code be entered JYPT and with the amount, or the City of
Ann Arbor would be JAAC.
Helpful hint – if you are not sure regarding what code to utilize, press the word TYPE or TC
CODE, and it will bring up the selection of codes that can be used.
Bond Payments
Bonds are entered into the system as a payable, so instead of adding a bond on the receivables screen,
you would enter it through Post Payables. If a payment is entered into the system as a bond, it must be
disbursed as a bond. For example, if you were to accept a $500 bond on a juvenile matter, and the court
fees were $250, you would need to disburse the bond by issuing a payment to the juvenile court, and
then also a disbursement to the bond payer. On juvenile matters, the bond is disbursed by utilizing form
JC31 – Authorization for return of bond. A juvenile bond example is shown below:
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Processing Checks From the Mail
Purpose: To provide accountability for checks and money orders received by any department in the Trial
Court.
Definitions: Check Transaction Log is a log sheet used to record all checks and money orders mailed to
the court.
Policy/Procedure: Each clerk, opening the mail (stamped and inter office mail) in a given unit shall pull
out any checks or money orders from the envelope, stamp them “For Deposit Only” and confirm that
the corresponding case number is written on the check, if not, the clerk shall write the case number on
the check if the case number is known (if it is not a new case which does not yet have a case number
assigned).
Review the check / money order to assure they meet the following criteria for acceptance. If the check
or money order fails one or more of the criteria, the check and related pleadings/paperwork will be
returned to the maker along with the defective filing form letter, specifying the reason for the return.
The date on the check or money order, we do not accept post dated checks or money orders.
The maker/signor of the check or money order, we do not accept third party checks.
Confirm that the check or money order is made payable to the Washtenaw County Trial Court, Court
Clerk, or appropriate court division.
Verify that the check or money order is made out for the exact amount of the transaction, we do not
make change on checks or money orders.
Verify that the amount due is identical in both the numerical and written form (i.e. twenty dollars =
$20.00).
Confirm that the check or money order has been signed.
If the check or money order satisfies the above criteria, it is reattached to the pleadings and the entire
packet given to another clerk for processing that same business day.
For those checks that cannot be processed on the same day as received, the checks shall be reattached
to the pleadings and each clerk shall put their own checks/pleadings into a single inter office envelope
and the envelope shall be placed in the departmental safe.
Credit Card Processing - In-Person and Over the Phone
The Washtenaw County Trial Court will now receive credit card payments over the telephone using
the following guidelines:
1. No credit cards taken for trust or Friend of the Court support payments and no charges under
$2.00. Trusts include restitution and bonds.
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2. The cardholder must be on the telephone.
3. Fill out the telephone payment information sheet.
4. Ask the cardholder to hold the line while you obtain authorization. Follow the instructions for
processing a Manual Sale. After entering the transaction information, the credit card printer will
print a sales receipt.
5. After the sale is authorized, return to the telephone caller and confirm the sale with the
cardholder before hanging up with them.
6. Put the case number, receipt number and cardholder’s name at the top of the sales slip. Write
“telephone payment” in the signature area, staple the telephone information sheet to the credit
card receipt and place in the cash drawer. These receipts will be attached to the end of day
report.
7. Receipt the payment in the case management system and complete the file as usual.
8. The Court will not mail a receipt to the cardholder. The payment will show on their monthly
credit card statement.
HOW TO ENTER A MANUAL SALE
1. Manually key-in the customer card number and press ENTER.
2. Key-in expiration date in MM/YY format (example: 0213 for February of 2013) and press ENTER.
3. Press ENTER.
4. Key in amount and press ENTER.
5. Key-in cardholder’s street address and press ENTER. (Example 101 E. Huron = 101)
6. Key in cardholder’s ZIP code and press ENTER.
7. No action while processing.
8. The machine will prompt for a tax amount; press ENTER.
9. Press YES for tax exempt.
10. Press yes (ENTER) to accept transaction. Press no (CLEAR) to void transaction and start over if
there is a Zip code mismatch.
11. Approval code displays and receipt prints.
12. Print customer copy: Press yes (ENTER) for customer copy. Press no (CLEAR) if no
customer copy is desired.
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TELEPHONE PAYMENT INFORMATION SHEET
Today’s Date:
Clerk:
Case Number:
Client’s Name and Address:
Cardholder’s Name:
Zip Code:
Cardholder’s Telephone Number:
Card Number:
Expiration:
Credit Card Security Number:
Amount of Sale:
Authorization Number:
Receipt Number:
Start of Day
At the beginning of each day, the supervisor will give the clerk assigned to the counter their cash
drawer, and they will count out their cash drawer and verify the balance matches the denominations of
bills in the drawer.
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End of Day
At the end of each day, the clerk assigned to the counter will count out her drawer based on the
denomination of the bills and then log on the cash log the total ending amounts. After the clerk logs her
totals, they will then have another clerk that is not assigned to a drawer count their drawer. They will
also include any checks receipted during the day as well as credit card receipts, and give their drawer to
the supervisor.
Voiding Payments
eNact does not permit line staff to void payments. Probate payments are voided by Robert Carbeck,
and Juvenile payments are voided by Linda Edwards-Brown.
If you have a payment that needs to be voided, please email your supervisor with the case name, case
number, and the reason for the void. The supervisor will email the proper department head to
complete the void.
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APPENDIX A – CASE TYPES
Probate Court Case-Type Code List. The following case-type code list must be used in probate court .The
bracketed letters are the case-type codes.
Estates, Trusts, Wills
(a) Decedent Estates, Supervised Administration [DA]. All matters involving decedent estates in which
administration is supervised.
(b) Decedent Estates, Unsupervised Administration and Non-administered Estates
[DE]. All matters involving decedent estates in which either administration is unsupervised or the estate
is not administered.
(c) Determination of Heirs (separate proceeding) [DH]. All matters to determine heirs as a separate
proceeding.
(d) Small Estates [PE]. All assignments of estates where gross estate assets do not exceed $15,000 (as
adjusted for inflation).
(e) Trust Registration [TR]. All requests to register trusts.
(f) Trust, Testamentary [TT]. All trusts that take effect on the death of the settlor.
(g) Trust Inter Vivos [TV]. All trusts which are operative during the lifetime of the settlor.
Guardianships and Conservatorships
(a) Adult Conservatorship [CA]. All matters involving conservatorship of adults.
(b) Minor Conservatorship [CY]. All matters involving conservatorship of minors.
(c) Developmental Disability Guardianship [DD]. All matters involving guardianship of individuals with
developmental disability, both adults and minors.
(d) Adult Guardianship [GA]. All matters involving full guardianship of incapacitated individuals.
(e) Limited Guardianship of Adult [GL]. All matters involving limited guardianship of incapacitated
individuals.
(f) Minor Guardianship [GM]. All matters involving full guardianship of minors.
(g) Limited Guardianship of Minor [LG]. All matters involving limited guardianship of minors.
(h) Protective Orders [PO]. All protective orders requested under the estates and protected individuals
code except when filed in conjunction with a petition for conservatorship.
Mental Illness Proceedings and Judicial Admission
(a) Judicial Admission [JA]. All matters involving judicial admission of individuals with developmental
disability.
(b) Mental Illness Proceedings [MI]. All mental illness proceedings brought under the mental health
code.
Civil and Miscellaneous Proceedings
(a) Delayed Registration of Foreign Birth [BR].
(b) Civil [CZ]. All civil matters commenced under MCR 5.101(C).
(c) Miscellaneous Matters [ML]. All other matters filed with the probate court for judicial or
administrative action including but not limited to: appeals, death by accident or disaster, filing of letters
by foreign personal representative, kidney transplants, lost instruments, opening of safe deposit box,
review of adoption subsidy, review of drain commission, review of mental health financial liability,
secret marriage licenses, substance abuse treatment of minor, support of poor persons, and uniform
gifts to minors act.
Family Division - Proceedings under Adoption Code
(a) Adult Adoptions [AB]. All adult adoptions.
(b) Agency International Adoptions [AC]. All foreign children adoptions.
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(c) Direct Placement Adoptions [AD]. All direct placement adoptions including temporary placements
prior to filing of petition for direct placement.
(d) Relative Adoptions [AF]. All adoptions by relatives including relative guardians, but not including
stepparent adoptions.
(e) Safe Delivery of Newborn Adoptions [AG]. All adoptions resulting from safe delivery of newborn
proceedings.
(f) Permanent Ward Adoptions (state ward or court ward) [AM]. All state or court
ward adoptions resulting from child protective proceedings.
(g) Non-relative Adoptions [AN]. All adoptions by guardians who are not relatives.
(h) Agency Other Adoptions [AO]. All other private or public agency adoptions
not otherwise designated.
(i) Stepparent Adoptions [AY]. All adoptions by stepparents.
(j) Release to Adopt; No Case [RB]. All releases to adopt; no case pending.
(k) Release to Adopt [RL]. All releases to adopt; result of a child protective case.
(9) Family Division - Miscellaneous Proceedings.
(a) Emancipation of Minor [EM]. All emancipation proceedings initiated under the Status of Minors and
Emancipation Act.
(g) Waiver of Parental Consent to Obtain Abortion [PW]. All waiver of parental consent proceedings
under the Parental Rights Restoration Act.
(h) Young Adult Voluntary Foster Care Act [VF]. All petitions filed under MCL 400.655.
(b) Delinquency Proceedings [DL]. All delinquency proceedings initiated by
petition under the juvenile code or initiated by Uniform Law Citation for
various minor offenses not in the Motor Vehicle Code.
(c) Juvenile Guardianship [JG]. All juvenile guardianships created by order under the juvenile code, MCL
712A.19a and MCL 712A.19c
(d) Child Protective Proceedings [NA]. All child protective proceedings initiated by petition under the
juvenile code.
(e) Traffic and Local Ordinance [TL]. All traffic and local ordinance issued on a Uniform Law Citation
under the Motor Vehicle Code or local corresponding ordinance.
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Appendix B: ORI Codes
POLICE AGENCY ORI NUMBERS – (If ORI is not listed, please contact supervisor to obtain number)
ANN ARBOR PD
MI8121800
BELLEVILLE PD
MI8224600
BRIGHTON PD
MI4726900
CALHOUN COUNTY SHERIFF
MI1311300
CANTON POLICE
MI8290900
CHELSEA PD
MI8131000
DEARBORN PD
MI8234300
DETROIT PD
MI8234902
EMU PD
MI8136600
GRATIOT COUNTY SHERIFF
MI2912900
GREEN OAK TWP PD
MI4786500
HAMBURG TOWNSHIP
MI4745100
INGHAM COUNTY CENTRAL DIS MI3351916
JACKSON COUNTY SHERIFF
MI3813800
LENAWEE COUNTY SHERIFF
MI4614600
LIVINGSTON COUNTY SHERIFF MI4714700
LIVONIA PD
MI8253800
LANSING TWP PD
MI3384300
MADISON HEIGHTS PD
MI6304700
MONROE COUNTY SHERIFF
MI580013N
MONTMORENCY CTY SHERRIF MI6016000
MSP METRO SOUTH POST
MI8202500
MSP POST #12 (BRIGHTON)
MI3300100
MSP POST #18 (Adrian)
MI4604200
MSP POST#26 (Ypsi)
MI8102600
MILAN PD
MI8158400
NORTHFIELD TOWNSHIP PD
MI8196400
PINCKNEY PD
MI4766700
PLYMOUTH TOWNSHIP PD
MI8296500
PITTSFIELD TOWNSHIP PD
MI8190600
ROMULUS PD
MI8270900
ROSEVILLE PD
MI5071300
SALINE PD
MI8172800
SOUTH LYON PD
MI6374800
SOUTHFIELD PD
MI6375100
SUMPTER TOWNSHIP PD
MI8277000
TAYLOR PD
MI8277500
TECUMSEH PD
MI4677600
UNADILLA TOWNSHIP PD
MI4794100
U OF M PUBLIC SAFETY
MI8190300
VAN BUREN PD
MI8279300
WASHTENAW COUNTY SHERIFF MI8118100
WAYNE PD
MI8281200
WESTLAND PD
MI8281700
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YPSILANTI PD
WASHTENAW CTY PROS ORI
OAKLAND CTY PROS
JUVENILE COURT ORI
MI8183600
MI810013P
MI630013A
MI810043J
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APPENDIX C – QUICK REFERENCE GUIDE TO ORDER DISTRIBUTION
JUVENILE ORDERS
Notice of Hearing:
Parents/Foster Parents/Guardian
Minor
Prosecutor or City/Twp Attorney
Counsel
Probation Officer (if applicable)
CASA (if appointed)
DHS or Petitioner (NA cases)
Disposition Orders:
Parents/Foster Parents/Guardian
Minor
Prosecutor or City/Twp Attorney
Counsel
Victims Rights Advocate
Probation Officer (if applicable)
CASA (if appointed)
DHS (NA cases)
Restitution Orders:
Parents/Foster Parents/Guardian
Minor
Prosecutor or City/Twp Attorney
Counsel
Billing Officer
Victim Rights Advocate
Victim (if present)
Review Orders:
Parents/Foster Parents/Guardian
Minor
Counsel
Prosecuting Official (if present)
Placement Agency (if applicable)
Probation Officer (if assigned)
CASA (if appointed)
DHS or Petitioner (NA cases)
Opinions (NA):
Parents/Foster Parents/Guardian
Counsel
DHS or Petitioner
Adjudication Orders:
Parents/Foster Parents/Guardian
Minor
Prosecutor or City/Twp Attorney
Counsel
Casework Supervisor
Victims Rights Advocate (if applicable)
Probation Officer (if applicable)
CASA (if appointed)
DHS or Petitioner (NA cases)
Dismissal Orders:
Parents/Foster Parents/Guardian
Minor
Prosecutor or City/Twp Attorney
Counsel
Victims Rights Advocate (if applicable)
Probation Officer (if assigned)
CASA (if appointed)
DHS or Petitioner (NA cases)
All Orders Regarding Placement:
All parties listed under order
Court Admin
Closing Orders:
Parents/Foster Parents/Guardian
Minor
Prosecutor or City/Twp Attorney
Counsel
Probation Officer (if assigned)
DHS or Petitioner (NA only)
Court Admin
Prosecutor or City/Twp Attorney
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PROBATE ORDERS
Letters of Guardianship, Conservatorship, or
Representative of Estate:
Guardian or Attorney
Conservator or Attorney
Representative or Attorney
Closing Order:
Moving Party or Attorney
Notice of Intent to Close:
Petitioner or Attorney
All Heirs
Notice of Hearing:
Guardian, Conservator, Ward if over 14, Attorney
if Applicable, Parents if Applicable on Minor
Guardianship
Orders Appointing Guardian, Conservator, or
Personal Representative:
Guardian or Attorney
Conservator or Attorney
Representative or Attorney
Order for Report from DHS:
D. Dale, T. Wagstaff, D. Franklin, D. Forde
Order Suspending Guardian or Conservator:
Ward
Guardian or Conservator and Attorney
Others, As Directed
Notice of Hearing – 3 Year Hearing on Account:
Send to all Parties on Case, Do NOT check box that
they must appear
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APPENDIX D – HANDBOOK OF LEGAL TERMS – MICHIGAN JUDICIAL
INSTITUTE
A
Abate — To reduce, diminish, or defer a cause of action.
Abrogate — To annul, repeal, or destroy a former law, rule, or order.
Abstract of Conviction — Summary of the court’s finding on a moving violation. This term commonly
refers to the form that the courts prepare and send to the Michigan Department of State.
Abstract of Record — An abbreviated or partial record.
Abstract of Title — A condensed history of the chain of title to land, used to determine
or establish present ownership.
Accessory — One who knowingly and intentionally contributes to or aids in the commission of a crime,
before or after, but not necessarily during, the crime’s commission.
Accomplice — A person who participates in the commission of a crime but is not the person actually
committing the act constituting the crime.
Acknowledgment of Parentage — A document that establishes a child’s paternity (fatherhood). An
acknowledgment of parentage is executed by the parents for a child conceived and born to a woman
who was not married at the time of conception or on the date the child was born.
Acquit — To find not guilty.
Acquittal — A judgment of not guilty in a criminal case.
Action — A legal dispute brought before a court. An “action” is also referred to as a
“case,” “lawsuit,” “cause of action,” or “cause.”
Active Case — Pending case; not disposed of.
Active Efforts — Under the Indian Child Welfare Act (ICWA) states are required to
provide active efforts to reunify families, and the court will be asked to determine
whether active efforts have been made. See Indian Child Welfare Act.
Ad Valorem — Latin, “according to the value”. For example, an ad valorem tax on an
automobile is one where the amount of tax depends on the automobile’s value.
Additur — As an alternative to granting a new trial, the power of the trial court to
increase the amount of an inadequate award made by jury verdict.
Adjourn — To suspend indefinitely, or until a later stated time.
Adjournment — The postponing or putting off of a case or session of court until
another time or place.
Adjudicate — To determine judicially.
Adjudication — The process by which a case is judicially decided. In a criminal case,
the adjudication may result in a finding of guilty or not guilty. In a civil case, the
adjudication may result in a judgment against the plaintiff or the defendant.
Administrative Agency Regulations — Rules adopted by an administrative agency
(such as the Department of State or the Department of Natural Resources and
Environment) to govern matters under the jurisdiction of the agency.
Administrative Orders — Orders issued by the Michigan Supreme Court to regulate
court procedures.
Administrator —
(1) The chief administrative officer of a court (usually “court administrator”).
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(2) A person appointed by a court to administer the estate of a deceased person.
Under the Estates and Protected Individuals Code (EPIC) this person is referred to as a “personal
representative” (if acting with court supervision), or an “independent personal representative” (if acting
without court supervision). A female administrator is called an “administratrix.” See also Estates and
Protected Individuals Code
(EPIC), Fiduciary, Independent Personal Representative, Personal Representative.
Administrator De Bonis Non — In cases where the administration of a decedent’s estate is left
unfinished due to the death, removal, or resignation of the personal representative, a court may appoint
a new personal representative to complete the administration of the estate. In some jurisdictions, the
new personal representative is called the “administrator de bonis non.” Under the Estates and Protected
Individuals Code (EPIC), this person is referred to as a “successor personal representative.” See also
Estates and Protected Individuals Code (EPIC).
Adoption — The act by which a person takes the child of another into his or her family and makes the
child, for all legal purposes, his or her own child.
Adult — Someone who is no longer a minor. In criminal cases, an adult is someone age 17 or older. In
most other proceedings, an adult is someone age 18 or older. See Minor.
ADR — See Alternative Dispute Resolution.
Adversary Proceedings — An action contested by opposing parties.
Adverse Possession — A method of acquiring title to land by possession of the land under certain
circumstances for a prescribed period of time without receiving a valid deed or conveyance from the
legal owner.
Affiant — One who, being sworn, makes and signs an affidavit; a deponent.
Affidavit — A written statement of fact that is verified by oath or affirmation.
Affinity — The relationship that exists, as a result of marriage, between a wife and her husband’s
relatives, and a husband and his wife’s relatives, as distinguished from relationship by blood.
Affirmation — A solemn and formal declaration that a statement is true. In certain cases, an affirmation
may be substituted for an oath. See also Oath, Verification.
Agent — Someone authorized to act for another person. The other person is known as
the “principal.” See also Principal.
Alias Summons — A second or subsequent summons issued after the originally issued summons expires
without having been served.
Alimony — See Spousal Support.
Allegation — A declaration, assertion, or statement of a party to a lawsuit, made in a pleading, and
setting out what the party intends to prove.
Alternative Dispute Resolution (ADR) — The process for resolving a dispute without litigating it in court.
For descriptions of specific means of alternative dispute resolution, see Arbitration, Conciliation,
Mediation.
Amicus Curiae — One who is not a party to a case but who is interested in or affected by its outcome
and is allowed by the court to submit a brief to assist the court in deciding the case.
Ancestor, Ascendant — An ancestor is a person who precedes in lineage, as does a parent or
grandparent. An aunt or uncle or other relative who is not actually an ancestor is called a collateral
ascendant.
Ancillary — That which is part of but subordinate to some other proceeding.
Ancillary Administration — The administration of an estate in a jurisdiction other than where the
decedent lived in order to collect assets or pay debts.
Ancillary proceeding — A proceeding that is subordinate to the primary action.
Ancillary suit — A lawsuit growing out of, and supplementary to, another suit, i.e., a suit seeking
enforcement of a judgment.
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Annotations — Brief summaries of cases interpreting statutes. See Michigan Compiled Laws Annotated.
Annul — To make void or of no effect. To annul a judgment or judicial proceeding is to deprive it of all
force and authority.
Annulment — A court order declaring that a marriage or other agreement or contract was invalid or not
legal.
Answer — The legal paper in which the defendant answers the claims of the plaintiff in a lawsuit.
Antenuptial — Made or done before marriage; prenuptial. Usually an agreement regarding how
property is to be distributed in the event of a divorce or the death of one of the marriage partners.
Appeal — A request to a higher court to change the judgment of a lower court.
Appeal by Application or Leave — An appeal where permission must be obtained from the higher court
before the appeal may be filed.
Appeal by Right — An appeal to a higher court where permission does not first have to be obtained.
Appeal Record — The record sent by the trial court to the appellate court of what happened at the trial
court. Must be either a copy of the court record and transcripts or a settled record.
Appearance —
(1) Coming into court: the formal act by which a defendant submits to the jurisdiction of a court.
(2) Document identifying one who is representing himself or herself or another. An attorney files an
“appearance,” making it known to the court and the other parties that he or she is representing a
specific individual.
Appellant — In a case on appeal, the party appealing a decision or judgment to a higher court.
Appellate Court — A court that reviews lower court decisions, generally on the record of the lower
court. Cases from the district courts are appealed to the circuit court. Cases from the circuit court are
appealed to the Court of Appeals. Cases from the probate court are appealed to either the circuit court
or the Court of Appeals depending upon the type of case. Subject to the applicable court rules, cases
may also be appealed to the Michigan Supreme Court.
Appellee — In a case on appeal, the party who did not appeal the lower court’s decision.
Application — Placing a request or petition before the court. The act of making the request.
Application for Leave to Appeal — A document requesting the appellate court to hear a party’s appeal
from a judgment when the party has no appeal of right or the time limit for an appeal of right has
expired. An “application for leave to appeal” must be made if one wishes to have the court consider
one’s appeal where there is no appeal of right. The Court has final discretion to accept or reject an
application for leave to appeal.
Arbitration — A form of alternative dispute resolution under which the parties agree to have a neutral
third party or a neutral panel resolve their dispute. The parties are generally bound by the arbitrator’s
decision.
Arraign — To bring a person charged with a crime before the court for the purpose of informing him or
her of the charges, appointing counsel if necessary, setting bail, and taking a plea to the charges.
Arraignment — In a criminal case, a pretrial court hearing at which the defendant is informed of the
charges against him or her, is appointed counsel if necessary, is required to plead to the charges, and is
granted bail if appropriate.
Arrearage — Money that is overdue and unpaid; usually child support.
Arrest warrant — An order issued to a peace officer by a judge or district court magistrate requiring the
arrest of a named person.
Assets —
(1) Generally, all property belonging to a person, a corporation, or an estate that may be used to pay
debts.
(2) In probate matters, all of the property available to the personal representative for payment of debts,
charges, and expenses, and for distribution to the parties who are entitled to it.
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Assignment —
(1) Assignment of Cases: the system or method that a court uses to assign cases to the judges of the
court.
(2) Assignment of Counsel: refers to the appointment of attorneys for indigent criminal defendants.
(3) Assignment of Judges: a function performed by the State Court Administrative Office to assign judges
to the various courts to handle vacancies caused by vacations, illness, etc., or to help reduce the number
of cases pending in a court.
Attachment — The act of seizing a person or property under the authority of a judicial order so that the
person or property is before the court and subject to its judgment.
Attest, Attestation — Signing as a witness to authenticate the execution of a written document.
Attorney — A lawyer; a person admitted to practice law in a state and who is qualified
to represent the legal interests of another person or entity.
Attorney in Fact — The attorney acting in a fiduciary capacity under a “power of attorney.” See Power
of Attorney.
Attorney of Record — The attorney named in the records or file of a case who bears the responsibility
for handling the case on behalf of the party he or she represents.
Authenticate — To certify that the original or copy of a recorded document is true or genuine.
Automatic Waiver — See Waiver of Jurisdiction.
Averment — Something alleged or asserted in a pleading. See also Allegation.
B
Backlog — Total inventory of cases at issue (in civil cases) or defendants arraigned (in criminal cases)
and awaiting trial.
Bail — A method of releasing an accused person before trial by having the accused or
someone on his or her behalf deposit money with the court or agree to pay a certain
amount (post security) to ensure the accused person’s appearance at later proceedings,
such as trial.
Bail Bond — A financial obligation signed by the accused and those who serve as
sureties to guarantee the accused’s future appearance in court.
Bailiff — A court employee who maintains order in the courtroom and who is
responsible for the custody of the jury, among other functions.
Bench Trial — Trial of a case held before a judge sitting without a jury.
Bench Warrant — An order issued by the court, “from the bench”, for the arrest of a
person for violating a court order. See Capias.
Beneficiary —
(1) One who receives benefits under a trust or a will.
(2) The person who is entitled to receive payments under an insurance policy.
Bequeath — To give personal property by a will. This term has been replaced by the
term “devise” under the Estates and Protected Individuals Code (EPIC). See Devise,
Estates and Protected Individuals Code (EPIC).
9
Bequest — Former term used for a gift of personal property by a will. Under the
Estates and Protected Individuals Code, now called a “devise.” See Devise, Estates
and Protected Individuals Code (EPIC).
Bind — To create a legal obligation upon one’s self or upon another.
Bind Over — To hold for trial; a finding at a preliminary examination that sufficient
evidence exists to require a trial on the charges brought against the defendant.
Bond — A promise or contract to do or perform a specified act or acts or to pay a
penalty for failure to perform; usually guaranteed by a “surety” who promises to pay if
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the “principal” defaults, or by a deposit of money as a “cash bond.” If the principal
defaults, the surety has to pay, and the surety can then collect from the principal.
In criminal cases, bond means basically the same as “bail.” See Bail.
“Bond” also refers to a public official’s deposit of a certain amount of money in order to
guarantee the honest and faithful performance of his or her official duties while in office.
Brief — A written argument submitted to the court by counsel setting forth facts and/or
law supporting his or her client’s case.
Burden of Proof — The duty to prove a fact or facts in dispute. In criminal cases, the
prosecution must prove its case “beyond a reasonable doubt.” In most civil cases, the
plaintiff must prove its case by a “preponderance of the evidence.”
C
Calendar — A list of all pending cases, or all pending issues, ready for trial in court. A
court’s complete schedule of trials, hearings, motions, etc. Often used interchangeably,
but improperly, with “docket.”
Calendar Audit — Review of the status of all cases on active lists. The audit might
result in the removal of cases from the calendar and the identification of cases that have
been delayed excessively.
Canons of Ethics — Documents outlining the professional responsibilities and goals of
lawyers, judges, etc. In Michigan, the canons for judges are found in the Code of
Judicial Conduct. Canons for lawyers are found in the Michigan Rules of Professional
Conduct. The Michigan Supreme Court has promulgated a model code of conduct for
court employees.
10
Capias — In general, a writ that requires an officer to take a named individual into
custody; includes bench warrant, issued when a defendant does not appear in court
when required to do so; court-issued warrant for arrest.
Case — A legal dispute brought before a court. A “case” is also referred to as an
“action,” “lawsuit,” “cause of action,” or “cause.”
Caseflow — The management of cases through the court; the passage of cases
through the court system. (Ideally cases are to “flow” through the judicial process in a
smooth, orderly manner, hence the name “caseflow”.)
Case Law — Published decisions issued by appellate courts in particular cases.
Generally, the legal principles announced in these decisions are binding authority for
lower courts.
Caseload — The number of cases a judge handles in a specific time period.
Cause of Action, Cause —
(1) A legal dispute brought before a court; also referred to as an “action,” “lawsuit,” or
“case.”
(2) The right to judicial relief; also referred to as a “claim.”
Certification — As pertains to mental health: the written conclusion and statements of
a physician that an individual is a person requiring treatment; the certification should
also include the information and opinions in reasonable detail that underlie the
physician’s conclusion.
Certified Copy — A copy of a document, order, or record of the court or other public
office, signed and certified as an exact duplicate of the original document by the officer
of the court having custody of the original.
Certify — To vouch for something in writing; to put in writing a statement. To attest in
writing to the authenticity and accuracy of a written instrument or document, or a copy
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of it. See also Attest, Attestation.
Certiorari — An order by an appellate court directing a lower court to certify and
forward the record of a case for judicial review for legal error. This term is obsolete in
Michigan.
Challenge —
(1) To ask that a member of the jury panel be excused.
(2) To question or dispute an action.
Challenge for Cause — To ask that a member of the jury panel be excused because
there appears to be a specific reason, set out in the court rule, that the person is not
legally qualified to act as a juror in this case.
11
Challenge to the Array — To question the qualifications of an entire panel summoned
for jury duty, usually because of alleged partiality or some deficiency in the manner by
which the panel was selected and summoned.
Change of Venue — A transfer or removal of a case to a court in another geographic
location and jurisdiction because:
(1) the case should have been commenced there in the first place, or
(2) for the convenience of the parties or witnesses, or
(3) because a fair trial cannot be had in the original court location.
Charge to the Jury — A judge’s instructions to the jury that contain information about
the laws that relate to the issues to be decided in a case. See also Jury Instructions.
Chattels — Personal property as opposed to real property.
Chief Judge — In all trial courts one judge is selected by the Michigan Supreme Court
as chief judge. The chief judge represents the court in its relations with other agencies
and the public. In addition, the chief judge is the director of the administration of the
court.
Child Abuse — Mistreatment of a minor by an adult legally responsible for the minor.
Child Born Out Of Wedlock —
(1) A child born to a woman who was not married from the date of conception to the
date of birth; or,
(2) A child who the court has determined to be born or conceived during a marriage
but who is not a child of the marriage.
Child Care Fund — State funds used to reimburse counties for part of the expenses
incurred in providing foster care and other services to children under the jurisdiction of
the family division of the circuit court.
Child Care Rules — The administrative rules for the care of children in foster care.
Child Custody — The responsibility to care for and exercise control over a child. Child
custody may be awarded incident to a domestic relations proceeding. See Domestic
Relations Action.
Child Neglect — The failure of a parent, guardian, or custodian of a minor to provide
the minor with proper or necessary support, education, medical care, or physical care;
also, the failure to provide a fit home environment for the minor.
Child Protective Proceedings — Proceedings in the family division of the circuit court
involving children under age 18 who are abused or neglected.
Child Support — In domestic relations cases, ongoing payments made by a parent to
meet the financial needs of that parent’s child, including medical, dental, educational,
and child care expenses. See also Support Order.
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Child Support Formula — Factors used by the Friend of the Court and the Prosecuting
Attorney when recommending an appropriate amount of child support. Both the
noncustodial and custodial parents’ incomes are factors considered in the determination
of child support under the formula.
Children’s Protective Services (CPS) — A division in the Office of Children’s Services
in the Department of Human Services. CPS workers investigate suspected child abuse or
neglect. They can also provide services to families in an effort to prevent abuse or
neglect.
Circuit Court — Trial court of general jurisdiction over felonies; civil lawsuits seeking
injunctions, equitable relief, or damages in excess of $25,000; domestic relations;
adoptions; child protective proceedings; juvenile delinquency; emancipation of minors;
waiver of parental consent for abortion; personal protection orders; name changes; and,
guardianships or conservatorships arising out of protective proceedings, delinquency
proceedings, or domestic relations custody cases. Each circuit court has superintending
control over the district courts and some probate court matters in its circuit.
Circuit Court Misdemeanor — Includes any offense that a statute designates as a
misdemeanor that is punishable by more than one year of imprisonment. It is processed
in circuit court exactly like a felony.
Citation —
(1) The court copy (original) of the “traffic ticket” is the citation, and it also serves as
the original complaint in the case.
(2) Also can be a reference to an authority (such as a case or statute), that supports a
statement of law or from which a quotation is taken.
Civil Actions or Lawsuits — Noncriminal cases concerning the claim of one or more
parties against another party or parties.
Civil Contempt — See Contempt of Court.
Civil Infraction — An act or omission prohibited by law that is not a crime and for
which civil sanctions may be ordered. Many traffic violations are classified as civil
infractions.
Civil Infraction Determination — A decision whether a person is responsible for a
civil infraction by one of the following:
(1) An admission of responsibility for the civil infraction.
(2) An admission of responsibility for the civil infraction with an explanation.
(3) An informal hearing or formal hearing.
(4) A default judgment for failing to appear at a scheduled informal or formal hearing.
Civil Infraction Formal Hearing — A hearing conducted only by a district court judge
involving the police officer, the defendant and all witnesses. Defendant may be
represented by an attorney and a prosecutor must be present.
13
Civil Infraction Informal Hearing — A hearing conducted by a district court
magistrate or judge involving the police officer, the defendant and any witnesses. An
informal hearing is held without a prosecutor or defense attorney. The determination
may be appealed to a formal hearing.
Civil Infraction Sanction — The penalty imposed upon a person found responsible for
a civil infraction such as the assessment of a fine and costs, mandatory attendance at a
corrective program such as a driver’s training program or a drug or alcohol abuse
program.
Civil Law — Laws regarding the establishment, recovery, or redress of private and civil
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rights.
Claim —
(1) The right to judicial relief, also referred to as a “cause of action.” See Cause of
Action.
(2) A creditor’s right to payment from a decedent’s estate that arises at or before the
decedent’s death, including the decedent’s funeral and burial expenses.
(3) A creditor’s right to payment from the estate of a minor, legally incapacitated
person, disappeared person, or ward.
(a) Contingent Claim — A claim for expenses not yet incurred that is dependent on
some future event that may or may not happen.
(b) Tardy Claim — A claim filed after the date for the final presentation of claims.
Claim and Delivery — A civil action to recover:
(1) property unlawfully taken or held by another; and
(2) damages sustained by the unlawful taking or retention.
An action for claim and delivery is also known as an action for Replevin.
Claim of Appeal — The form or paper that is filed indicating an appeal is being taken.
The original is filed with the court where the appeal is going to take place and a copy is
filed with the trial court.
Claimant — One who has or makes a claim to something.
Code — A grouping of statutes relating to a particular subject matter and arranged in
classified order. For example, see Estates and Protected Individuals Code (EPIC),
Juvenile Code, Mental Health Code.
Codicil — A legal document made after a will that modifies the will.
Collateral — Money or goods given to secure payment of a debt (civil law), or to
ensure appearance in court (criminal law).
Collateral Matters — Matters related to, but not legally relevant to, the question
before the court.
14
Commit — The act of sending a person to a prison, reformatory, mental hospital or other facility,
pursuant to a court order.
Commitment — The order by which the court directs:
(1) The sending of a person to a prison or jail in execution of a sentence.
(2) The sending of a person to a hospital because of a mental disorder.
Common Law — A system of laws which has evolved from early days to the present consisting of old
and accepted customs, precedents and court decisions, old English statutes and other unwritten but
accepted standards. Common law is the foundation for the legal system in every state of the United
States except Louisiana. In Michigan, the common law is still in effect except where it has been modified
or repealed by statute.
Common Pleas Court — This court was abolished in 1981 and merged into the 36th District Court.
Competency — The presence of those characteristics, that make a witness legally fit and qualified to
give testimony in court — applied, in the same sense, to documents or other written evidence.
Competent — Legally sufficient, relating primarily to evidence, witnesses, and parties in a court action,
i.e., competent to stand trial.
Complainant — In a civil case, one who makes a complaint, often referred to as the “plaintiff.” In a
criminal case, the one who initiates the prosecution, also referred to as the “complaining witness.”
Complaint — In a civil lawsuit, the first paper filed with the court in which the plaintiff gives the reasons
for the suit. A complaint in a criminal action is a written accusation (under oath or upon affirmation) that
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a felony, misdemeanor, or ordinance violation has been committed and probable cause exists that the
named person is guilty of the offense.
Conciliation — A form of alternative dispute resolution in which a “conciliator” uses mediation
principles to assist disputing parties reach an agreement. A conciliator may prepare a recommendation
for the court if the parties are not able to agree; this recommendation may become the court’s order
unless one of the parties objects. See Alternative Dispute Resolution, Mediation.
Concurrent Jurisdiction — The authority of multiple courts to hear the same type of case.
Concurrent Sentences – Sentences of imprisonment served simultaneously in cases where a criminal
defendant is convicted of more than one offense and sentenced to separate terms of imprisonment for
each offense. The defendant is entitled to release from prison at the expiration of the longest term
specified. In Michigan, sentences must always be imposed to run concurrently absent specific statutory
authorization to the contrary. See also Consecutive Sentence.
Concurring Opinion — An opinion written by an appellate judge who agrees with the decision reached
in a case on appeal, but who would base the decision on reasons different from those expressed by the
majority of judges considering the case. See also Dissenting Opinion, Majority Opinion.
Condemnation —
(1) The process by which private real estate is taken for public use without the owner’s consent, but
with just compensation, pursuant to a court order — a forced sale for public use.
(2) Destruction ordered for public health or safety. In such cases, there is no taking for a public use and
thus there is no compensation.
Confession — A statement by a person, either oral or written, admitting that he or she committed a
certain offense. The statement must include all of the elements of the offense, or it is not a confession
but an admission.
Consanguinity — A relationship created by blood; persons who descend from a common ancestor.
Consecutive Sentence — In cases where a criminal defendant is sentenced to separate terms of
imprisonment for multiple offenses, a consecutive sentence is one that will be served after another
sentence has expired. In Michigan, a consecutive sentence may only be imposed if there is specific
statutory authorization to do so. See also Concurrent Sentences.
Consent Calendar — If the court receives a petition, citation, or appearance ticket, and it appears that
informal treatment (i.e., protective and supportive action) by the court will serve the best interests of
the juvenile and the public, the court may proceed on the consent calendar without authorizing a
petition to be filed. No case may be placed on the consent calendar unless the juvenile and the parent,
guardian, or legal custodian agree to have the case placed on the consent calendar. If a case is placed on
the consent calendar, the juvenile waives certain rights.
Conservator — Under the Estates and Protected Individuals Code (EPIC), a person with the legal duty
and power to manage and protect the estate of another individual who:
(1) Is under age 18; or
(2) Is a legally incapacitated person.
See also Estate, Estates and Protected Individuals Code (EPIC), Guardian,
Legally Incapacitated Person, Protected Person, Ward.
Conspiracy — An unlawful agreement to commit a crime or do a lawful act in an illegal manner.
Conspiracy is a crime in Michigan.
Contemnor — One who commits an act in contempt of court.
Contempt of Court — An act or failure to act that violates a court order, impedes the functioning of the
court, or impairs the authority of the court. Contempt may be “direct”
(i.e., in the immediate view and presence of the court), or “indirect” (i.e., outside the immediate view
and presence of the court). Contempt of court is subject to civil or criminal contempt sanctions, both of
which can involve fines and/or jail terms. Civil contempt sanctions are generally imposed to compel a
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contemnor to comply with the court’s directives. Criminal contempt sanctions are generally imposed to
punish past misconduct.
Continuance — Postponement of an action pending in court. See Adjournment.
Contract — An agreement between two or more parties to do or not do a particular thing. The
agreement may be stated in an oral or written exchange of promises or implied by the parties’ actions.
Conversion — The wrongful exercise of the right of ownership or control over goods which belong to
another.
Convey — To transfer title to property; to transport, carry; to make known, communicate.
Conveyance —
(1) The transfer of a title to property from one person to another.
(2) The instruments in writing (documents) which effect the transfer of title.
Convict —
(1) To find or adjudge guilty of a criminal offense.
(2) One who has been convicted of a criminal offense.
Corpus Delicti — Latin, “body of the crime.” That which the prosecutor must prove (that a crime was
committed) before introducing a confession or admission into evidence.
Counsel — An attorney; one who gives advice, especially legal advice.
Counterclaim — In a civil lawsuit, a claim that the defendant asserts against the plaintiff. See Claim.
County Agent — An officer of the juvenile court who serves under the supervision of a family division
judge to organize, direct and develop the child welfare work of the court. Also known as a “juvenile
officer.”
Court of Appeals — The Michigan court in which appeals from the probate courts, court of claims, and
circuit courts are heard and decided.
Court of Claims — Part of the 30th Circuit Court in Ingham County (Lansing). Has the authority to hear
only claims against the State of Michigan. As a general rule, a state cannot be sued without its consent.
Michigan granted that consent by establishing the Court of Claims, which has jurisdiction over claims
less than $1,000, except where the circuit court has jurisdiction.
Court Congestion — An accumulation of cases impeding the timely movement of those cases through
the judicial process.
Court of Record — A court whose proceedings are by law permanently recorded by a public officer
other than the judge; they have the power to fine or imprison for contempt. Courts not of record have
less authority and their proceedings are not permanently recorded. The only courts not of record in
Michigan are municipal courts.
Court Recorder — A court official who records the activities of a court using an electronic recording
device, usually for the purpose of preparing a verbatim transcript.
Court Reporter — A person who records the activities of a court using manual shorthand, a stenotype
machine or a stenomask.
Court Reporting and Recording Board of Review — A Board appointed by the Supreme Court to
administer the certification of court reporters and recorders.
Court Rules — Rules adopted by the Michigan Supreme Court to govern procedure in all the state’s
courts.
Court System — In Michigan, the court system is called “One Court of Justice,” and consists of the
Michigan Supreme Court, Court of Appeals, Circuit Courts, District Courts, Probate Courts, Municipal
Courts, and Courts of Claims. See the name of each court for descriptions of each court.
CPS — See Children’s Protective Services.
Crime — An act in violation of criminal law or an offense against the State of Michigan, which is
punishable by imprisonment and/or a fine other than a civil fine, and/or costs as authorized by statute.
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Criminal — One who has committed a criminal offense; one who has been legally convicted of a crime;
one adjudged guilty of a crime.
Criminal Case — A lawsuit is called a criminal case when the plaintiff is the “People of the State of
Michigan” and the defendant is a person or corporation alleged to have violated a criminal law.
Criminal Contempt — See Contempt of Court.
Criminal Law — The statutes that forbid certain actions or conduct as detrimental to the welfare of the
state and that provide punishment for such actions or conduct. Criminal acts are prosecuted by the
Prosecuting Attorney.
Cross-Appeal — In a case on appeal, the appellee’s (the party who did not appeal) request that the
court review aspects of the lower court’s decision that were not raised in the appellant’s (the party who
did appeal) papers.
Cross-Claim — In a civil lawsuit involving multiple plaintiffs or multiple defendants, a claim brought by
one plaintiff against another plaintiff, or by one defendant against another defendant. See Claim.
Cross-Examination — The questioning of a witness by the opposing party.
Custodial Parent — The parent with custody of a child. See Child Custody.
Custody —
(1) Care and control of a thing or person. See also Child Custody.
(2) A person who is “in custody” is imprisoned or otherwise physically detained.
Custody Statement — In some circumstances a child in custody is not released to his/her parent(s),
guardian, etc., but is detained by the court. When this occurs, the officer taking the child into custody
must prepare a statement setting forth the grounds for detention and submit this report to the court.
D
Damages — Money paid to compensate a person who has been injured by the actions of another
person.
DDP — See Developmentally Disabled Person.
De Novo — Latin, “anew.” For example, a trial de novo is a trial anew or a new trial, as opposed to a
mere review of the record of the first trial. De novo is one of the standards of review used, for example,
by a trial court when reviewing the decision of a referee, or by an appellate court when considering a
case on appeal.
Decedent — A person who has died.
Decedent’s Estate — Property that was owned by a person who has died.
Declaratory Judgment — A judgment of a court determining the rights of the parties or giving the
court’s opinion on a legal point, without ordering that anything be done. A declaratory judgment is
usually requested before the happening of (and to prevent) any specific act that could result in a claim
for damages.
Decree — A court judgment. A final decree is one fully and finally disposing of a case; an interlocutory
decree is preliminary in nature, determining some issue in the case but not the ultimate question
involved.
Default — A failure to do what ought to be done, i.e., when a defendant does not plead within the time
allowed or fails to appear for trial.
Default Judgment — Action taken by the court when a person fails to appear in court in answer to a
summons in a civil case.
Defendant — The person against whom a lawsuit is started or a crime charged.
Defense Attorney — The attorney representing the accused (defendant).
Delay — Time periods between phases in the processing of cases through the judicial system.
Delayed Appeal — An appeal after the time for taking an appeal has run out and the higher court has
granted permission to appeal because of some special circumstances.
Deliberate —
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(1) Criminal Cases. As applied to a jury, the weighing of evidence in light of the applicable law, for the
purpose of determining the guilt or innocence of a defendant.
(2) Civil Cases. As applied to a jury, the weighing of evidence in light of the applicable law, for the
purpose of determining relevant facts.
Delinquency Proceedings — See Juvenile Delinquency Proceedings.
Demur — To respond to a civil complaint by filing a demurrer. See Demurrer.
Demurrer — In some states, a response to a civil complaint alleging that even if the facts alleged in the
complaint are true, they do not create any legal liability and therefore, do not warrant any further
proceedings in the matter. In Michigan, such a response is made by way of a motion for summary
disposition. See Summary Disposition.
Denial —
(1) A refusal by a court to grant a request presented by petition or motion.
(2) In pleadings, an assertion that the allegations of the opposing party are untrue.
Department of Human Services (DHS) — The state agency responsible for administering a broad range
of social services programs in Michigan, including financial aid to families and elderly persons, foster
care services, and adoption services. Formerly known as the Family Independence Agency (FIA) and the
Department of Social Services (DSS). See also Children’s Protective Services. Department of Social
Services — See Department of Human Services.
Deponent — One who gives a deposition.
Deposition — A method of pretrial discovery in civil cases. During a deposition, a party or witness (the
“deponent”) is placed under oath and required to give oral answers to questions. Most depositions are
taken without court supervision; the deponent is usually questioned by an attorney for one of the
parties. At the deposition, a transcript or videotape is made of the deponent’s testimony. The transcript
or videotape may be used to support various pretrial motions, or admitted into evidence at trial in cases
where the deponent is unable to be present in court. See also Discovery.
DEQ — An abbreviation for the former Michigan Department of Environmental Quality. Now part of the
Department of Natural Resources and Environment. See DNRE.
Descendant — A descendant is a person who follows in lineage, as from father to son or grandfather to
grandson. A collateral relative (an aunt or uncle, for example) is not a descendant. See also Ancestor.
Designated Proceedings — Criminal proceedings against a juvenile under age 17 that occur within the
family division of the circuit court. The juvenile is afforded all the legal and procedural protections that
an adult would be given if charged with the same offense in a court of general criminal jurisdiction.
Detention — The temporary care of a child who requires custody for his or her own welfare or the
community’s protection pending disposition by the court or execution of an order of the court for
placement or commitment. Also, a holding cell or area in a trial court for defendants in custody pending
appearances in court.
Developmentally Disabled Person (DDP) — Under the Mental Health Code, a person with either of the
following characteristics:
(1) The person is older than five years of age and has a severe, chronic condition attributable to a mental
and/or physical impairment. This condition manifested before the individual’s 22nd birthday, is likely to
continue indefinitely, and results in substantial functional limitations in three or more areas of major life
activity, including self-care, language, learning, mobility, self-direction, capacity for independent living,
or economic self-sufficiency. Because of his or her condition, the person needs individually planned
services that are of lifelong or extended duration.
(2) The person is age five or younger and has a substantial developmental delay or a specific congenital
or acquired condition and there is a high probability that his or her condition will result in a
developmental disability as defined in (1) above if services are not provided. See Mental Health Code.
Devise —
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(1) (Noun) Under the Estates and Protected Individuals Code (EPIC), a gift of personal or real property or
both, made in a will.
(2) (Verb) Under the Estates and Protected Individuals Code (EPIC), to give real or personal property or
both in a will. See Estates and Protected Individuals Code (EPIC).
Devisee — Under the Estates and Protected Individuals Code (EPIC), a person given
real or personal property under a will; formerly referred to as a legatee.
Dictum — See Obiter Dictum.
Dilatory Defenses — Defenses made solely for purposes of delay.
Dilatory Fiduciary — A fiduciary (trustee) who causes undue delays in administering an estate.
Dilatory Motion — A motion made only for purposes of delay.
Dilatory Plea — A response to a lawsuit that has the object of delaying the action, without responding
to the merits of the lawsuit.
Directed Verdict — A verdict issued by a judge at the conclusion of a civil jury trial when a party has not
presented sufficient evidence to establish a necessary part of his or her case. A directed verdict is issued
in response to a motion brought by the party’s opponent. In granting such a motion, the judge “directs a
verdict” in favor of the opponent who brought the motion, without sending the case to the jury for
consideration.
Directed Verdict of Acquittal — A verdict issued by a judge at the conclusion of a criminal jury trial
when the prosecutor has not presented sufficient evidence to convict the defendant. A directed verdict
may not be granted to the prosecutor in criminal cases.
Disappeared Person — A person who is absent from their place of residence for at least seven
continuous years and whose whereabouts are unknown by the person most likely to know their
whereabouts (for seven years); no communication has been received from the disappeared person for
seven years.
Discontinuance — The termination of a civil case by the plaintiff’s withdrawal or failure to continue it. A
voluntary dismissal by the plaintiff.
Discovery — The process of gathering and preserving evidence before trial in a civil or criminal case. See
also Deposition, Interrogatories.
Dismiss — To order a cause or prosecution to be terminated; to refuse to hear the matter further.
Dismissal — An order or judgment deciding a particular lawsuit in favor of the defendant by sending it
out of court without trial. Dismissal “with prejudice” forever bars the future initiation of a lawsuit on the
same claim or cause; dismissal “without prejudice” disposes of the particular lawsuit before the court
but a new lawsuit may be brought in the future based on the same claim or cause.
Disposed Case — Not pending; decided; closed.
Disposition — Determination of a case, whether by dismissal, plea and sentence, settlement and
dismissal, or verdict and judgment.
Disqualification — Refers to the disqualification of a judge from hearing a case. Disqualification is
proper when any interest may impair the ability of a judge to decide the case in a fair and impartial
manner. Disqualification may be voluntary or it may be done on the motion of a party to the case.
Dissenting Opinion — An opinion written by an appellate judge explaining why he or she disagrees with
the decision reached by the majority of judges considering the case. See also Concurring Opinion,
Majority Opinion.
Distributee — One who receives property from a personal representative (but not a creditor or
purchaser); a testamentary trustee to the extent of assets remaining in his or her hands; a beneficiary
taking through a trustee.
Distribution — The division of the residue of an estate among the entitled parties by the order of the
court, after payment of the debts and charges. It also includes the division of the residue of an estate by
the Independent Personal Representative.
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District Court — A Michigan trial court with jurisdiction over the following types of cases: civil suits
involving up to $25,000; adult criminal misdemeanor offenses punishable by a fine, or up to one year of
imprisonment, or both; civil infractions; landlord/tenant disputes; small claims (civil suits involving
$3,000 or less); ordinance and charter violations punishable by a fine, or imprisonment, or both; and
land contract forfeitures. Additionally, the district court is the court in which all adult criminal
proceedings begin, regardless of the nature of the offense. In carrying out this function, the district
court issues arrest and search warrants, sets bail, accepts bonds, conducts arraignments, and presides
over preliminary examinations.
Diversion — A decision or program designed to divert offenders from official processing to a less formal,
less adversarial and more community-based setting.
Divorce — The termination of the legal relationship between a husband and wife.
DNRE — An abbreviation for the Michigan Department of Natural Resources and Environment.
Docket — A written list of all important acts done in court in an individual case from beginning to end.
This is properly called a “case docket.” The term is often improperly used interchangeably with
“calendar.”
Domestic Abuse — See Domestic Violence.
Domestic Relations Action — A case involving divorce, separate maintenance, annulment of marriage,
affirmation of marriage, paternity, child or spousal support, custody of a minor, parenting time, or
grandparenting time.
Domestic Violence — A pattern of sexual, physical, emotional and/or financial abuse,
perpetrated with the intent and result of establishing and maintaining control over an
intimate partner. Domestic violence may include both criminal and noncriminal acts, such as hitting,
choking, kicking, shoving, scratching, biting, raping, kidnapping, threatening violence, stalking,
destroying property, attacking pets, controlling access to money, or making degrading or insulting
comments. The violence may be directed at persons other than the intimate partner (e.g., children) for
the purpose of controlling the partner.
Domicile — The permanent home to which a person, when absent, always intends to return. See
Residence.
Double Jeopardy — Being placed more than once in danger of being convicted and sentenced for the
same offense, or being exposed to multiple punishments for the same offense.
Dower — One-third of a man’s real property that his widow is entitled to use for her lifetime after her
husband’s death, solely as a result of her status as his wife, as opposed to property devised or inherited.
Driver Responsibility Fees — A fee imposed by the Department of State and collected by the
Department of Treasury after a driver has been found guilty of specific traffic offenses or has
accumulated seven or more points on his or her driving record within two years.
DSS — An abbreviation for the former Michigan Department of Social Services. Thereafter, the DSS was
renamed the “Family Independence Agency” (FIA), and it is now known as the “Department of Human
Services” (DHS).
Duces Tecum — Latin, “bring with you.” On a subpoena it means that the person subpoenaed must
bring records or other specified material into court.
Due Process (of Law) — The fundamental procedural rules that guarantee “fair play” in the conduct of
legal proceedings. Due process includes the right to notice and a hearing, the right to an impartial judge
and jury, the right to present evidence on one’s own behalf, the right to confront one’s accuser, the
right to be represented by counsel, etc.
E
Easement — The right to use another’s land for a specific limited purpose. One common type of
easement arises when one parcel of land is separated from any access to a road by a second parcel. In
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this case, the owner of the first parcel might obtain access to the road by way of an easement across the
second parcel.
Emancipation — The process by which a minor between the ages of 16 and 18 can be
freed from his or her parents’ control.
Enjoin — To forbid; restrain.
Equal Protection — The Constitution requires that the government and courts of a state be open and
available to all persons under the same conditions with like rules of procedure and evidence.
Equity —
(1) The amount or value of property above the total liens, charges or encumbrances.
(2) A system of legal principles and remedies in civil cases that originated in England and survives in
modern United States jurisprudence. Historically, there were two distinct courts in England - courts of
law and courts of equity. Courts of law could award monetary damages in civil cases, but could give no
other relief. If a party sought relief other than monetary damages, he or she had to turn to a court of
equity, which could grant injunctions, grant divorces, afford relief from creditors in bankruptcy, etc.
There are no longer separate courts of law and equity in the United States. Most trial courts can now
issue both monetary and non-monetary relief. Different legal principles still apply to law and equity
actions, however, and a few procedural distinctions survive, most notably the absence of the right to a
jury trial in cases seeking equitable relief.
Escheat — The reversion of property to the state when a person dies leaving no heirs.
Estate —
(1) The interest a person has in real or personal property. Examples: Property that was owned by a
person who has died is referred to as a decedent’s estate. Property held in trust for the benefit of
another is a trust estate. The property of a person or corporation that has declared bankruptcy is an
estate in bankruptcy or bankrupt estate.
(2) The assets of a decedent or other person subject to administration under the authority of a court.
Estates and Protected Individuals Code (EPIC) — Michigan statutes governing wills, decedent’s estates,
trusts, and guardianships or conservatorships over minors or legally incapacitated persons. Effective
April 1, 2000, the Estates and Protected Individuals Code (EPIC) replaced the Michigan Revised Probate
Code.
Estoppel — A prohibition against a claim or position which is inconsistent with the claimant’s prior
conduct, e.g., one who sells land representing that he or she is authorized to do so may not claim in a
later lawsuit against him or her that he or she had no authority to sell the land.
Evidence — Testimony, documents, physical objects, or other things presented at a trial or court hearing
for the purpose of proving or disproving facts relevant to a case.
Evidentiary Motion Hearing — Hearings at which evidence is presented as opposed to a hearing at
which lawyers argue matters of law.
Ex Parte — Involving only one party to a lawsuit without prior notice to any other party.
Ex Parte Communication — A communication between the court and one party to a lawsuit made
without prior notice to any other party.
Ex Parte Injunction — An injunction issued upon the request of one party to a lawsuit without prior
notice to any other party.
Ex Parte Motion — A motion made to the court by one party to a lawsuit without prior notice to any
other party.
Ex Parte Order — An order made by the court upon the application of one of the parties to a lawsuit
without prior notice to any other party.
Ex Post Facto — Latin, “after the fact.” Legislation made applicable to an act after the act was
committed. Statutes making a prior legal act illegal. Ex post facto laws are unconstitutional.
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Examination — An inspection or investigation. As pertains to court action, the term is used to describe a
preliminary hearing before the district court to determine whether there is sufficient cause to hold a
person to answer a felony charge before the circuit court.
Execute — To carry out, complete or dispose of according to law.
Execution —
(1) A postjudgment remedy to collect a money judgment. A writ issued by the court to authorize the
process server to seize or take possession of real or personal property to be sold to satisfy the judgment.
(2) The carrying out of some act or course of conduct to its completion; i.e., execution of a civil judgment
puts into effect the final judgment of the court by obtaining possession of that which the judgment has
awarded.
Execution of an Instrument — The signing, sealing and delivery of a written instrument or document.
Executor, Executrix — Executor (male). Executrix (female). A person named in a will to carry out its
terms, that is, to execute the will. Under the Estates and Protected Individuals Code (EPIC), this person is
called a personal representative (if acting with court supervision) or an independent personal
representative (if acting without court supervision). See also Estates and Protected Individuals Code
(EPIC).
Exempt Property —
(1) Personal property that the surviving spouse of a decedent is automatically entitled to receive from
the decedent’s estate.
(2) Property of a judgment debtor that is exempt from executions under either state law or federal
bankruptcy law.
Exonerate — To free from suspicion; to show someone to be free of guilt.
Expunge — To legally void records - including criminal records - in files, computers or other depositories.
Extradition — The formal process of delivering a person found in one state to the authorities of another
state where that person has been accused or convicted of a crime.
F
FAC Case — Stands for “Failure to Answer Citation.” When a person fails to answer a traffic citation
(ticket) the court concerned notifies the Department of State, which enters this information into its
computer system. When this occurs it is called an “FAC Case,” and the defendant’s license is suspended
until the FAC is set aside after the case is disposed of, and a fee is paid.
Family Division of the Circuit Court — A division of the circuit court devoted to the following
proceedings: divorce; paternity; child or spousal support; parenting time; child custody; adoptions;
juvenile delinquency; child protective proceedings; name changes; personal protection orders;
emancipation of minors; waiver of parental consent to an abortion; and guardianships or
conservatorships for persons under 18 where the matter arises out of a child protective proceeding,
delinquency proceeding, or a domestic relations custody case.
Family Independence Agency (FIA) — This agency was formerly the Department of Social Services (DSS)
and is now the Department of Human Services (DHS).
Family Independence Program (FIP) — Temporary cash assistance for low-income families with minor
children and pregnant women. The Family Independence Program helps them pay for living expenses
such as rent, heat, utilities, clothing, food and personal care items.
FCJ Case — Means “Failure to Comply with Judgment” imposed for civil infractions that are issued on
traffic violations; FCJ cases follow the same procedure as FAC cases.
FCPV Case — Means “Failure to Comply with Parking Violation” entries. The Department of State will
prohibit individuals from obtaining or renewing licenses when they have six or more unpaid parking
tickets within a court.
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Fees — A charge fixed by law for services of public officers or for use of a privilege under government
control; charge or wages for services given to the person for whom the services were performed, such
as fiduciary or attorney fees.
Felony — A crime punishable by more than one year in state prison, unless it is specifically stated to be a
misdemeanor. Felonies are tried in circuit court.
FIA — Family Independence Agency. Now Department of Human Services (DHS).
Fiduciary — A person or institution who manages money or property for the benefit of another, and
who is held to a high standard of care in carrying out this responsibility.
(1) Successor Fiduciary: One who is appointed to take the place of a prior fiduciary.
(2) Temporary Fiduciary: One who is appointed by the court to act as a fiduciary until a permanent
fiduciary is appointed.
For examples of fiduciaries, see Attorney in Fact, Conservator, Guardian, Independent Personal
Representative, Personal Representative, Trustee.
File — To put in the records, or deposit in the custody or among the records of a court.
Filing — The act of recording the various legal documents pertaining to a suit with the clerk of the court.
“Filing” also specifically refers to the original warrant, complaint, or other document that initiates the
action.
Filing Fees — Sums of money which must be paid to the court clerk before a civil action or an estate
proceeding may be initiated.
Foreclosure — A proceeding in which a mortgagee, or other lien holder, usually a lender, obtains a court
order to repossess property. See Mortgage, Mortgagee, Mortgagor.
Foreign Judgment — A judgment issued by a court having jurisdiction in Indian territory, a foreign state,
or a state other than Michigan. See also Judgment.
Foreign Personal Representative — A personal representative from a jurisdiction other than Michigan.
See also Personal Representative.
Foreign Support Order — A support order issued by a court having jurisdiction in Indian territory, a
foreign state, or a state other than Michigan. See also Support Order.
Forensic Center — Another name for the Center for Forensic Psychiatry operated by the Department of
Mental Health. Criminal defendants are often sent there by trial courts to determine if they are
competent to stand trial.
Formal Calendar — In juvenile matters, if it appears that formal jurisdiction is required, a petition must
be filed. Further hearings shall be scheduled on the “formal calendar.”
Formal Hearing — See Civil Infraction Formal Hearing.
Forum — A court or the jurisdiction where a court sits.
Forum Non Conveniens — Latin, “an inconvenient court.” A court’s power to decline to exercise its
jurisdiction in a case because the convenience of the parties and/or the interests of justice would be
better served if the case were tried in another court with jurisdiction over the case, i.e., another court in
which the case could have originallybeen filed.
Foster Care Review Board — A Board created by statute in many counties throughout Michigan to
review selected court cases and permanency plans of neglected and abused children placed in foster
care. These boards are composed of private citizens.
Foster Home — A licensed home for the temporary board and care of abused, neglected, or delinquent
children who have been removed from their homes.
Fraud — The intentional communication of an untruth or the concealment of a material fact to deceive
another person in order to deprive the person of property, to induce the person to surrender a legal
right, or to injure him or her in some other way.
Friend of the Court —
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(1) The office connected with the family division of the circuit court that investigates and advises the
court in domestic relations cases involving minor children. The Friend of the Court Office is also
responsible for enforcement of court orders in those cases.
(2) The person responsible for directing the Friend of the Court Office.
(3) Latin, “amicus curiae.” Someone, not a party to a case, who volunteers to offer information to assist
a court in deciding a matter before it.
Fugitive — One who flees; always used in law with the implication of flight, evasion, or
escape from some duty or penalty or from the consequences of a misdeed.
Fugitive Warrant — A warrant authorizing the taking into custody of a person who has fled from one
state to another to avoid prosecution or punishment for crime.
Full Faith and Credit — A court’s constitutional obligation to recognize and enforce orders, decrees, and
judgments issued by the courts of other U.S. states or Indian tribes.
G
Garnishment — A court order to take part of a debtor’s wages or other money owed to him or her
before he or she receives the money, because of an unpaid debt owed to a creditor who has obtained a
judgment against the debtor.
Grand jury — A jury of inquiry that receives complaints and accusations in criminal cases. It hears the
prosecutor’s evidence and issues indictments when satisfied that there is probable cause to believe that
a crime was committed, and that the accused committed that crime. Grand juries are rarely used in
Michigan but are very common in the federal judicial system.
Grandparenting Time — The time a child spends with a grandparent. Under certain circumstances, a
grandparent may seek a court order for grandparenting time.
Grant — To transfer property to another, especially real property.
Grantee — The person to whom a grant is made, e.g., the person who receives title to real property by
deed.
Grantor — The person who makes a grant.
Group Home — A licensed home for the temporary board and care of abused, neglected, or delinquent
children.
Guarantor — A person who is liable to fulfill another person’s financial obligation in the event the other
person fails to fulfill it. The other person is known as the “principal.” See also Principal, Surety.
Guardian —
(1) Under the Estates and Protected Individuals Code (EPIC), a person with the legal duty and power to
care for another individual who is: (a) under age 18; or (b) a legally incapacitated person. A guardian
may be appointed by a court or designated in a will. See Conservator, Estates and Protected Individuals
Code (EPIC), Legally Incapacitated Person, Protected Person, Ward.
(2) Under the Mental Health Code, a person with the legal duty and power to care for a developmentally
disabled person or the developmentally disabled person’s estate. See Developmentally Disabled
Person, Estate, Mental Health Code.
Guardian Ad Litem — An individual appointed by the court during the course of litigation to promote
and protect the interests of a person affected by the litigation.
Examples:
(1) A guardian ad litem may be appointed to protect the interests of a minor or incompetent person who
is a defendant in a civil action. See also Next Friend.
(2) If necessary, a guardian ad litem may be appointed to appear for and represent the interests of any
person in any proceeding in probate court. Sometimes a court appoints
a guardian ad litem to protect the interests of an unascertained, unknown, unborn, or disappeared
person.
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(3) A court sometimes appoints a guardian ad litem to protect the interests of a minor in a domestic
relations or juvenile proceeding.
Guilty — Responsible for a crime.
H
Habeas Corpus — Latin, “you have the body.” The name of a writ used to bring a person before a court
or judge. Generally, the writ is addressed to an official or person who supervises the detention of others.
It commands him or her to produce the detained person in court so that the court may determine
whether that person is being denied his or her freedom lawfully.
Harmless Error — An error committed in the course of a trial that does not justify reversal of the verdict
on appeal.
Hearing — A court proceeding on the record. Hearings are often used to determine issues arising before
or after the full trial of a case and may be less formal than the trial.
Hearsay — Second-hand evidence not arising from personal knowledge of the witness but generally
from repetition of what the witness has heard others say.
Heir —
(1) Someone who is entitled by statute to inherit the property of another person in the event that that
person dies without a valid will.
(2) A person who inherits the property of another, whether by will or by intestate succession. See also
Intestate Succession.
Holographic Will — An unwitnessed will where the dispositionary portions are in the handwriting of the
decedent, signed and dated at the end.
Homestead — Property designated as a home by its owner; designed to protect the possession and
enjoyment of the owner against the claims of creditors.
Hostile Witness — A witness who exhibits such antagonism toward the party who called the witness to
testify that cross-examination of that witness by that party is permitted by the court.
I
Illegitimate Child — A child born to parties who are not married to each other.
Impanel — (As pertains to juries.) To select a jury and enroll their names.
Impeachment of Witness — Questioning of a witness by an adverse party that attempts to cast doubt
on the credibility (believability) of the witness.
In Pro Per — See Pro Per Litigant, Pro Se Litigant.
In Propria Persona — Latin, “in one’s own person.” See Pro Per Litigant, Pro Se Litigant.
Inactive Case — A pending case over which the court has no effective control; a case that is filed in the
court, but for some reason cannot be processed by the court. Examples: non-service or no progress
(civil); or defendant absconded or never arraigned (criminal).
Incarceration — Commitment to jail or prison.
Incompetent Evidence — Inadmissible evidence.
Income Withholding Order — An order entered by the circuit court providing for the withholding of a
person’s income to enforce a child support order.
Inconvenient Forum — See Forum Non Conveniens.
Independent Personal Representative — Person administering a decedent’s estate under the Estates
and Protected Individuals Code (EPIC). An independent personal representative administers the estate
without the court’s supervision. See Decedent’s Estate, Estates and Protected Individuals Code (EPIC).
Independent Probate — Probate designed to operate without unnecessary intervention by the probate
court as provided for by the Estates and Protected Individuals Code. See Estates and Protected
Individuals Code (EPIC).
Indian Child Welfare Act (ICWA) — A federal law passed in 1978 to protect the best interests of Indian
children and to promote the stability and security of Indian tribes and families.
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Indictment — Formal accusation, “true bill,” presented by a grand jury and charges a person with a
crime.
Indigent — Impoverished; needy; poor; without funds.
Inferior Court — Lower court. Any court subordinate to a higher appellate court in a particular judicial
system.
Informal Hearing — See Civil Infraction Informal Hearing.
Information — A formal accusation (criminal information) of a crime, differing from an indictment in
that it is prepared and signed by the prosecuting attorney instead of the grand jury. This is the most
common means employed in Michigan to bring an accused before the circuit court after a bindover from
the district court.
Inheritance — Property received from someone who dies, whether by will or by intestate succession.
See also Intestate Succession.
Injunction — A court order requiring or forbidding an action. See also Enjoin,
Temporary Restraining Order.
(1) Permanent Injunction — An injunction granted after the court has held a final hearing on the merits
of a case. A permanent injunction is intended to remain in force unless and until modified by a later
decree of a court.
(2) Preliminary Injunction — A temporary injunction granted during the pendency of a suit, to restrain a
party from doing or continuing some act that could cause irreparable injury to the other party. A
preliminary injunction may either be discharged or made permanent, according to the result of the
controversy, as soon as the rights of the parties are determined.
Innocent — The term often used instead of “not guilty.” The terms do not mean the same thing legally
because a “not guilty” verdict means only that the fact-finder did not believe beyond a reasonable doubt
that the defendant was guilty of the crime charged and therefore, the defendant was acquitted of the
crime.
Inquest — A legal inquiry into a certain matter generally before a court and most often with the aid of a
jury. A medical examiner or coroner may conduct an inquiry (inquest), sometimes with the aid of a jury,
when investigating a murder, a death under suspicious circumstances, or a death occurring in a prison.
Inter Vivos — Latin, “between the living.” Relates to a gift of property conveyed during the conveyor’s
lifetime, not by will or because the conveyor believed in his or her imminent death.
Interested Party — Under the Estates and Protected Individuals Code (EPIC), one of the following: heir;
devisee; beneficiary; a fiduciary of a legally incapacitated person who is an heir, devisee, or beneficiary;
fiduciary or trustee named in an instrument involved; or a special party. See Beneficiary, Devisee,
Estates and Protected
Individuals Code (EPIC), Fiduciary, Heir, Legally Incapacitated Person,
Trustee.
Interested Person — Under the Estates and Protected Individuals Code (EPIC), one of the following:
interested party; creditor; surety; any person having a property right in a trust estate or the estate of a
decedent or ward who may be affected by the proceedings, including a person nominated as personal
representative; or a fiduciary representing an interested person. See Estate, Estates and Protected
Individuals Code (EPIC), Fiduciary, Interested Party, Personal Representative, Surety, Trust.
Interim Bond — A bond that is set by a police officer when a person is arrested without a warrant for a
misdemeanor offense. Any misdemeanor warrant may also have an interim bond endorsed on it by the
issuing judge or district court magistrate. It allows one to be released from custody pending an
arraignment.
Interim Order — A temporary court decree, which is put into effect until something else is done.
Interlocutory — Temporary; not final. Generally decides some point or matter between the beginning
and end of a case but is not a final decision of the case.
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Interlocutory Appeal — An appeal of a decision made by the court during the course of an action, but
before the final order or outcome of the action.
Interrogatories — Written questions posed before trial by one party to a civil case and served on
another party to the case, who must answer them in writing under oath. See Discovery.
Interstate — Involving two or more states.
Interstate Compact — Rules adopted by states governing the transfer of supervision of a probationer or
parolee from one state to another. There are Compacts governing both adults and juveniles.
Interstate Income Withholding Order — An order entered to secure the enforcement of child support
obligations by withholding income derived in this jurisdiction to enforce the child support order of
another jurisdiction.
Intestate — Dying without having made a valid will.
Intestate Succession — In cases where a decedent has left no valid will, a statutory determination of the
right to inherit the decedent’s property, made according to the heirs’ relationship to the decedent.
Inventory — A list of the assets of a decedent or ward required by law to be filed in probate court
reflecting those assets that are subject to management by the fiduciary.
Inventory Fee — A statutory fee for services rendered to a decedent’s estate by the probate court.
Issue —
(1) Of a person: An individual’s descendant.
(2) In a pleading: A single, certain, and material point, raised in the pleadings by one or both of the
parties to a lawsuit, which is generally affirmed on the one side and denied on the other.
J
JIS — See Judicial Information Systems.
JNOV — An abbreviation for judgment non obstante veredicto, i.e., a judgment
notwithstanding the verdict. See Judgment Notwithstanding the Verdict.
Joint Custody — An order of the court in a domestic relations proceeding in which one or both of the
following are provided:
(1) The children live with one parent part of the time and with the other parent part of the time;
(2) The parents both share in making decisions on important issues dealing with the children.
Judges’ Associations — Associations formed by various groups of judges by bench to further
understanding and cooperation between the judicial, legislative, and executive branches of government,
to promote public awareness, to support activities designed for sound and efficient administration of
justice, and to encourage high levels of judicial and legal competence.
Judgment — The decision of a court of law.
Judgment Notwithstanding the Verdict — A court’s judgment setting aside a jury’s verdict.
Judicial Activity Reports — Regular reports required to be submitted to the State Court Administrator
on caseload and court activity.
Judicial Information Systems (JIS) — The State Court Administrative Office data center which provides
systems analysis and data processing services to courts throughout the state.
Judicial Tenure Commission — The commission that reviews complaints against judges, investigates
those complaints, and reports to the Supreme Court recommending appropriate discipline or removal of
the judge by the Supreme Court.
Jurisdiction — The court’s authority to decide cases. Two major aspects of a court’s jurisdiction are:
(1) Subject Matter Jurisdiction: The authority to hear a particular type of case; for example, the circuit
court has jurisdiction over divorce cases, and the district court has jurisdiction over small claims cases.
(2) Personal Jurisdiction: The legal power of a court to render a judgment against a party to a
proceeding. See also Concurrent Jurisdiction.
Jury — A body of persons sworn to consider the evidence presented, to determine issues of fact, and to
deliver a verdict in a judicial proceeding. There are 6 jurors for district court in civil and criminal matters.
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In circuit court, there are 6 jurors for civil matters and 12 for criminal matters. There are 6 jurors in
probate court. See also Grand Jury, Petit Jury.
Jury Commissioner — An officer responsible for choosing the panel of persons to serve as potential
jurors for a particular county.
Jury Instructions — Directions given by the judge to the jury informing the jurors of the law applicable
to the case.
Jury Panel — The group of prospective jurors from which the trial jury of 6 or 12 is chosen.
Juvenile — A minor under the age of 17. See also Minor.
Juvenile Code — The statutes governing juvenile delinquency proceedings, designated proceedings, and
child protective proceedings. See Child Protective Proceedings, Designated Proceedings, Juvenile
Delinquency Proceedings.
Juvenile Delinquency Proceedings — Proceedings in the family division of the circuit court regarding a
minor under age 17 who has: committed an offense that would be a crime if committed by an adult,
including a misdemeanor traffic offense; deserted his or her home; been absent from school; repeatedly
violated school rules; or disobeyed the reasonable and lawful commands of his or her parents.
Juvenile Officer — See County Agent.
K
Kin — One who is related to another by blood.
L
Land Contract — A contract for the sale of land on a time payment plan.
Larceny — The taking of property with the intent to permanently deprive the owner of his or her
ownership rights to the property.
Law Enforcement Information Network (LEIN) — A computerized communications system operated by
the Michigan State Police for law enforcement agencies. LEIN contains information on such things as
personal protection orders, pretrial release conditions in criminal cases, outstanding arrest warrants,
driving records, and automobile registrations.
Lawsuit — A legal dispute brought before a court. A “lawsuit” is also referred to as an “action,” “case,”
“cause of action,” or “cause.”
Lawyer — See Attorney.
Lease — A contract or agreement for the renting of real or personal property for a
specified or determined period of time and giving rise to the relationship of landlord
(lessor) and tenant (lessee).
Legacy — A gift of personal property left by will. Under the Estates and Protected
Individuals Code (EPIC), this is now called a “devise.” See Estates and Protected
Individuals Code (EPIC).
Legally Incapacitated Person (LIP) — Under the Estates and Protected Individuals Code (EPIC), an adult
who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use
of drugs, chronic intoxication, or other cause, to the extent that the person lacks sufficient
understanding or capacity to make or communicate responsible decisions concerning his or her person.
Former term: legally incompetent person. See Estates and Protected Individuals Code (EPIC).
Legatee — A person who receives property under a will. Under the Estates and Protected Individuals
Code (EPIC) this person is now called a “devisee.” See Devisee, Estates and Protected Individuals Code
(EPIC).
LEIN Network — See Law Enforcement Information Network.
Lessee — The tenant under a lease for real property, or the person to whom personal property is being
leased.
Lessor — The landlord under a lease for real property, or the person or entity whose personal property
is the subject of a lease.
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Libel — Injury to a person’s character or reputation by print, writing, pictures, or signs.
Liber — Latin, “book.” Sometimes used to refer to the large bound book(s) of records in a court clerk’s
office, office of a register of deeds, etc.
Lien — A claim against property to secure a debt or other obligation.
Limited Guardian — Under the Estates and Protected Individuals Code (EPIC), a guardian for a minor or
legally incapacitated person whose powers over the person have been limited by a court’s order. See
Estates and Protected Individuals Code (EPIC), Guardian, Legally Incapacitated Person, Minor.
Lineup — A police procedure that allows the victim of, or witness to, a crime to view the suspect, usually
as one of a group of persons with similar appearances, to determine whether the victim or witness can
identify the suspect as the person who committed the offense.
LIP — See Legally Incapacitated Person.
Lis Pendens — Latin, “a pending lawsuit.” Control that a court acquires over property that is the subject
of litigation. Where real estate is the subject of litigation, a “notice of lis pendens” may be filed with the
register of deeds in the county where the property is located. This notice warns persons who deal with
the property that it is subject to litigation and that they may be bound by the court’s judgment
regarding the property.
Litigant — A party to a lawsuit.
Litigation — The process of resolving in court a dispute over the parties’ legal rights.
Local Administrative Orders (LAOs) — Written procedures adopted by a local trial court and approved
by the Michigan Supreme Court that govern internal court management in that particular trial court.
Local Court Rules — Rules adopted by a particular local trial court to govern procedural matters in that
court. Local court rules may not contradict the Michigan Court Rules.
M
Magistrate — Used generally, this title means a judge. In Michigan, a district court magistrate is a quasijudicial official of the district court who has the power to set bail, to accept bond, to accept guilty pleas
and to impose sentence for traffic and other related violations, and to conduct informal hearings on civil
infractions.
Maintenance — Providing support for a ward or the minor children or the surviving spouse of a
decedent.
Majority Opinion — A written decision announcing the court’s ruling in a case on appeal. The majority
opinion explains the reasoning following by a majority of the judges who heard the case and is binding
on the lower courts in future cases. See also Concurring Opinion, Dissenting Opinion.
Malice — Intent to commit a wrongful act without justification or excuse.
Mandamus — Latin, “we command.” A Writ of Mandamus is a written order requiring the person to
whom it is addressed to do some specified act, generally connected with his or her duty as a public
official.
MCL — See Michigan Compiled Laws.
MCLA — See Michigan Compiled Laws Annotated.
MCLS — See Michigan Compiled Laws Service.
MCR — See Michigan Court Rules.
Mediation —
(1) Generally, a form of alternative dispute resolution in which a neutral third party assists the parties to
a dispute in reaching an agreement to settle their differences. The parties are not required to reach
agreement, but if they do, the agreement is binding.
(2) In Michigan, mediation can also be a process in which a neutral third party or
neutral panel reviews a case and makes a recommendation or evaluation as to its
outcome. The parties may accept or reject mediator’s recommendation or evaluation.
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Mental Health Code — The Michigan statutes that govern, among other things, care and hospitalization
of the mentally ill and guardianships for the developmentally disabled. See also Developmentally
Disabled Person.
Mental Illness —
(1) A substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of life.
(2) Mental disease to such an extent that a person so afflicted requires care and treatment for his or her
own welfare, or for the welfare of others or of the community.
Mentally Retarded — Significantly below average intellectual abilities originating during physical
development (especially during pregnancy and early infancy). See also Developmentally Disabled
Person.
Michigan Compiled Laws (MCL) — A series of volumes containing the official version of Michigan
statutes enacted by the state’s Legislature.
Michigan Compiled Laws Annotated (MCLA) — A series of volumes containing the text of all Michigan
statutes, plus brief references to and/or summaries of cases and legal commentaries discussing the
statutes. (Published by West Publishing.)
Michigan Compiled Laws Service (MCLS) — A series of volumes containing the text of all Michigan
statutes, plus brief references to and/or summaries of cases and legal commentaries discussing the
statutes. (Published by LexisNexis.)
Michigan Court Rules (MCR) — Rules adopted by the Michigan Supreme Court to govern Michigan
court procedures.
Michigan Statutes Annotated (MSA) — A series of no longer published volumes containing the text of
all Michigan statutes, plus brief references to cases and legal commentaries discussing these statutes.
Michigan Supreme Court — See Supreme Court.
Minor — In delinquency cases, a minor is someone under age 17. In most other proceedings, a minor is
someone under age 18. The Michigan Court Rules and Michigan law also provide that a “minor” may
include a person age 18 or older if delinquency or child protective proceedings were commenced in
juvenile court before the person’s 18th birthday and the juvenile court continues to have jurisdiction
over the person.
Minor Offense — A misdemeanor or ordinance violation for which the maximum permissible
imprisonment does not exceed 93 days and the maximum permissible fine does not exceed $500.
Miranda — Refers to a United States Supreme Court decision, Miranda v Arizona, 348 US 436 (1966),
from which the rules governing “the right to remain silent” were taken.
Miranda Warning — A warning given by police before custodial interrogation to advise or inform the
individual of his or her rights. For example, the accused has the right to remain silent, the right to an
attorney, etc.
Misdemeanor — A crime punishable by less than one year in jail and/or by a fine that is not a civil fine.
Misfeasance — The improper performance of some act or duty.
Mistrial — A trial declared defective and void and ending without an adjudication on the merits due to
prejudicial error in the proceedings, or the failure of a jury to agree upon a verdict.
Mittimus — Latin, “we send.” A written court order directed to the keeper of a jail or prison, directing
that he or she receive and safely keep an offender awaiting trial or sentence.
Moot — Usually in reference to a court’s refusal to consider a case because the issue involved has been
resolved before the court’s consideration, leaving nothing that would be affected by the court’s
decision. Moot court is a practice court for law students.
Mortgage — A lien on real property to secure the performance of some obligation, and
to be discharged upon payment or performance as stipulated.
Mortgagee — One who holds a mortgage; the creditor.
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Mortgagor — The maker of a mortgage; the debtor.
Motion — An application to the court for the purpose of obtaining a certain order or decision in favor of
the applicant.
Motions, Calendar — Motions pertaining to the calendaring of court appearances in a case such as
motions to continue, advance or reset.
Motion in Limine — A motion to exclude certain evidence from admission at trial.
Motion to Suppress — Application to the court before a trial, asking the court to prohibit illegally
obtained evidence from being introduced at a criminal trial.
Motion to Quash — See Quash.
MSA — See Michigan Statutes Annotated. No longer published.
Municipal Court — A trial court whose authority is confined to the city or community in which it is
established. Municipal court civil jurisdiction is limited to $1,500. This amount may increase to $3,000 if
approved by the court’s local funding unit. Four Michigan cities have chosen to retain their own
municipal court rather than change to the district court system (Grosse Pointe, Grosse Pointe Farms,
Grosse Pointe Park, and Grosse Pointe Shores/Grosse Pointe Woods).
N
Ne Exeat — Latin, “let him or her not go out.” A court order forbidding the person to whom it is
addressed to leave the country, the state or the jurisdiction of the court.
Neglect Hearing — Hearing held in the family division of the circuit court. Involves those situations
where the children are not being properly cared for.
Next Friend — A person appointed by the court to appear on behalf of a minor or incompetent person
who is a plaintiff in a civil action.
No Contact Order — A provision in a court order (e.g., an order for the defendant’s pretrial release in a
criminal case) that the person subject to the order refrain from having contact with another named
person.
No Fault — A case that is decided without making a determination as to which party is at fault. Michigan
has laws that provide for both no-fault automobile insurance and no-fault divorce.
No Progress — In a civil case, where a case is filed but not followed up; a case or cases that may be
dismissed (disposed of) by the court because parties have done nothing to process the case from stage
to stage.
Nolle Prosequi — Latin, “not to wish to prosecute.” Unwilling to prosecute; a formal entry made on the
court record by which the prosecutor declares he or she will not further prosecute the case.
Nolo Contendere — Latin, “I will not contest it.” A nolo contendere plea is not an admission of guilt, but
is treated as a guilty plea for purposes of conviction and sentencing.
Noncustodial Parent — The parent who does not have custody of a child. See Child
Custody.
Non Obstante Veredicto — Latin, “notwithstanding the verdict.” A court’s entry of judgment for the
defendant, notwithstanding the jury’s verdict for the plaintiff.
Non-Service — In either a civil or criminal case, where a summons or warrant is issued but not served on
a party.
Nonfeasance — The failure to perform some act or duty which ought to be performed. A neglected
duty.
Notary — A person who is authorized by the state or federal government to administer oaths and to
certify the authenticity of signatures or documents.
Notary Public — See Notary.
Notice of Hearing — Document notifying a person of the time, date, place, and subject matter of an
upcoming court proceeding.
Notice to Quit —
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(1) A written notice by a landlord to his or her tenant demanding that the tenant surrender and vacate
the property, terminating the tenancy.
(2) A notice to pay back rent in seven days or vacate.
Notification Of Parents, Record Of Notice — Whenever a child is taken into custody by any peace
officer, that officer is required to notify the parents of the child. A written record of the names of the
persons notified, the manner and times of notification, or reasons for failure to notify must be made and
preserved.
Nunc Pro Tunc — Latin, “now for then.” Having retroactive legal effect.
O
Oath — A declaration of a statement’s truth, which renders one willfully asserting an untrue statement
punishable for perjury. See also Affirmation, Perjury, Verification.
Obiter Dictum — Latin, “something said in passing.” An incidental comment made in an opinion which
was not necessary to the formulation of the decision and therefore, is not binding as precedent.
Offense — A crime or ordinance violation. The word “offense” generally implies an act infringing on
public, as distinguished from private, rights. Does not include civil infractions.
Offense Against Child — Any act or acts, by a person other than the child, asserted as grounds for
bringing the child within the provisions of the Juvenile Code.
Offense By Child — Any act or acts by a child asserted as grounds for bringing the child within the
provisions of the Juvenile Code.
One Court Of Justice — A concept embodied in the Michigan Constitution, that there is but a single
court in the state that is made up of several divisions, including a Supreme Court, a Court of Appeals,
circuit courts, district courts, probate courts and other courts created by the Legislature.
One Day, One Trial — A method of summoning and utilizing jurors whereby an individual serves as juror
for either one day or for the length of one trial. The purpose of this method is to reduce the term of
service and expand the number of individual jurors called.
Order — A direction of a court made orally or entered in writing. An order may terminate the action
itself or decide some matter litigated by the parties.
Order Assigning Residue — A probate court order that names the persons entitled to receive parts of an
estate and the share allotted to each.
Ordinance — A local law or regulation enacted by a municipal government. It has no effect outside that
city or village.
P
Panel —
(1) The jurors serving a specific court. See also Jury Panel.
(2) The three judges who sit together to decide cases brought before the Court of Appeals.
Parens Patriae Doctrine — Latin, “parent of the country.” Most commonly, the inherent power and
authority of the state to protect the person and property of a person who is legally unable to manage his
or her own affairs.
Parenting Time — The time a child spends with a noncustodial parent. Parenting time was formerly
referred to as “visitation.”
Parole — Conditional release from prison before the end of sentence; if the parolee observes the
conditions, he or she need not serve the rest of his or her term in prison.
Parole Officer — See Probation Officer.
Partial Guardian — In proceedings under the Mental Health Code, a guardian with some – but not all –
legal rights and powers over the person and/or estate of a developmentally disabled person. A partial
guardian’s rights, powers, and duties are specifically enumerated by court order. See Developmentally
Disabled Person, Guardian, Mental Health Code.
Party —
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(1) A person concerned with or taking part in a matter or transaction, such as a party to a contract.
(2) A person by or against whom a lawsuit is brought, i.e., the plaintiff or defendant.
Paternity — Fatherhood.
Paternity Suit — A suit to establish the identity of a child’s father and to determine the father’s
obligation to support the child. See also Acknowledgment of Parentage.
Peace Officer — Any public officer or official having authority to arrest in order to enforce the law and
preserve the peace, and generally includes any sheriff or deputy sheriff, any state or municipal police
officer, and any state conservation officer.
Per Capita — Latin, “by the head.” A method by which an estate is divided equally among a given
number of persons.
Per Stirpes — Latin, “by roots or stocks.” By right of representation; it is the method of dividing an
estate where a group of distributees take the share to which their deceased ancestor would have been
entitled, such as where children take the share to which their parents would have been entitled.
Peremptory Challenge — The right of the prosecution or defense to challenge (remove) a certain
number of jurors without giving any cause or reason.
Perjury — A deliberate lie said under oath.
Permanent Injunction — One intended to remain in force unless modified by a later decree of a court.
Permanent Ward — A child who is permanently placed under the care of the court or other guardian
because the parents’ rights to the child have been permanently terminated by the family division of the
circuit court.
Personal Property — Includes everything that can be the subject of ownership but that is not real
estate.
Personal Protection Order — An order issued by a circuit court protecting an individual from stalking or
domestic violence. See also Domestic Violence, Stalking.
Personal Recognizance — A criminal defendant’s pretrial release without the necessity of having to post
money or a bond with the court. The court takes the defendant’s word that he or she will appear for a
scheduled matter or when advised to appear.
Personal Representative — The person who administers a decedent’s estate under
the Estates and Protected Individuals Code (EPIC). See Estates and Protected
Individuals Code (EPIC), Independent Personal Representative.
Personal service — The statutory and court rule requirements that legal pleadings be served on an
individual by leaving a summons and a copy of the complaint with the defendant personally. See
Pleadings, Service of Process.
Petit Jury — The ordinary jury (of 6 or 12 persons) selected to hear the trial of a civil or criminal case and
to determine issues of fact; called a petit jury to distinguish it from a grand jury.
Petition —
(1) An application made in writing to a court.
(2) In juvenile delinquency or child protective proceedings before the family division of the circuit court,
a petition is the instrument used to set out the allegations (complaint) against the party before the
court. Petitions in such proceedings must be verified. Jurisdiction of the court can only be invoked by
petition. See Child Protective Proceedings, Juvenile Delinquency Proceedings, Verification.
Plaintiff — In civil cases, the person who initiates the lawsuit is the plaintiff. In criminal matters, the
prosecuting attorney (representing the People of the State of Michigan) is the plaintiff.
Plea — The defendant’s response to a criminal charge (e.g., guilty, not guilty, nolo contendere, etc).
Plea-Bargaining — In criminal cases, a process of negotiation between the prosecutor and defense
counsel that typically involves the prosecutor’s agreement to dismiss select pending criminal charges
against the defendant in exchange for the defendant’s plea of guilty to another (usually lesser) offense.
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Plead — In a criminal case, to respond to the charge (e.g., by pleading guilty, not guilty, nolo
contendere, etc.).
Pleadings — In a civil lawsuit, the papers that set forth the parties’ claims and defenses. In criminal
cases, pleadings include arrest warrants, criminal summonses and charging documents. In the juvenile
division, the petition is the pleading.
Plenary Guardian — Under the Mental Health Code, a guardian with full power over the person and/or
estate of a developmentally disabled person. See Developmentally
Disabled Person, Guardian, Mental Health Code.
Power of Attorney — A written instrument appointing and authorizing a person to act in the place of
another as agent or substitute. One holding a power of attorney is called an attorney in fact, and is not
required to be a lawyer.
Praecipe — Latin, “command.” A form used in some jurisdictions to ask a court clerk to do something
(such as issue a summons after a complaint is filed, etc.).
Prejudicial Error — “Reversible error”; an error in the course of a trial serious enough to require an
appellate court to reverse the judgment.
Preliminary Examination — A hearing in a felony case before a district court judge at which the
prosecution presents evidence (the defendant and defense counsel are present) from which the district
court judge decides whether there is probable cause to believe that a crime has been committed and
that the defendant committed the crime. If the district court judge finds probable cause, he or she will
“bind over” the defendant for trial in circuit court. Testimony of some witnesses and presentation of
some exhibits may be offered at the preliminary examination.
Preliminary Hearing — The first stage of a juvenile delinquency or child protective proceeding when the
juvenile is in custody, or custody or placement is requested.
Preliminary Inquiry — The first stage of a child protective or juvenile delinquency case when the
juvenile is not in custody. An informal procedure in the family division of the circuit court.
Prenuptial — See Antenuptial.
Presentence Investigation — Investigation of the relevant background of a convicted offender. Usually
conducted by a probation officer and designed to assist the judge when sentencing the offender. See
Presentence Report.
Presentence Report — Written report prepared by the probation department containing the family and
personal history of the accused, evaluation of the crime and its ramifications, and recommendations as
to sentencing. Required in all felony cases. Assists the judge in determining sentence.
Presentment — A written finding by a grand jury of an offense from its own knowledge or observation.
Presiding Judge —
(1) The judge conducting a hearing or trial. The judge in charge of a case.
(2) Formerly, the chief judge of a court composed of two or more judges. The presiding judge in this
sense is now called the Chief Judge.
Pretrial Conference — Hearing in a criminal or civil case between the judge and the attorneys to discuss
any questions or matters that can be resolved before the trial to assist in expediting or simplifying the
trial. The hearing is usually informal and without client participation. A schedule of deadlines for the
submission of certain pretrial motions and witness lists, the completion of discovery, etc., may be made
during a pretrial conference.
Prima Facie — Latin, “at first sight”; on its face.
(1) The term “prima facie case” refers to those facts that will establish a party’s right to legal relief if no
evidence to the contrary is offered by the party’s opponent.
(2) The term “prima facie evidence” refers to evidence that is sufficient to prove a fact unless overcome
by other evidence.
Principal —
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(1) One who has permitted or directed another (an agent) to act for his or her benefit. See also Agent.
(2) The person having primary liability to pay a debt. See also Guarantor, Surety.
(3) Property, as opposed to the income from the property. The term is often used to designate the
property put into a trust. See also Trust.
Pro Bono — Latin, “for the public good.” A term used to describe legal services provided to a client free
of charge.
Pro Con Divorce — An uncontested divorce. The proceeding consists of a short hearing at which only the
plaintiff appears (the defendant does not contest anything), after which the divorce is granted.
Pro Per Litigant — A person who represents himself or herself in court without the aid of a lawyer. See
also Pro Se Litigant.
Pro Se Litigant — Latin, “for oneself.” Person representing himself or herself without a lawyer in a court
proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. See also
Pro Per Litigant.
Probable Cause — In criminal cases, reasonable grounds for believing that the facts justify issuance of
an arrest or search warrant, or further legal action.
Probate — The process by which a decedent’s estate is transferred to its rightful owners.
Probate Court — The court in Michigan that handles the process by which a decedent’s estate is
transferred to its rightful owners. This court also handles matters relating to the commitment of
mentally ill persons, guardianship matters, conservatorship matters, and trusts; however, if one of these
matters arises from a child protective proceeding, a juvenile delinquency proceeding, or a domestic
relations custody case, it is properly heard in the family division of the circuit court. See also
Conservator, Child Protective Proceedings, Decedent’s Estate, Domestic Relations Action, Estates and
Protected Individuals Code (EPIC), Family Division of the Circuit Court, Guardian, Juvenile Delinquency
Proceedings, Trust.
Probate Register — A person who serves both as clerk of probate court and in a quasi-judicial manner in
estates.
Probation — Allowing a person convicted of an offense to remain in the community instead of going to
detention, jail, or prison, as long as the offender fulfills the conditions of the probation. One’s probation
is usually supervised by a probation officer. If a person violates probation, probation can be revoked
and the defendant resentenced.
Probation Officer — In juvenile and district court matters, an employee of the court who is responsible
for supervising offenders sentenced to probation. In adult circuit court (felony cases), probation officers
may also be parole officers and are employees of the Michigan Department of Corrections.
Proceeding — Any hearing or court appearance related to a case.
Process — A court order to appear in court or enforce a judgment. Subpoenas and summonses are
examples of process.
Process Server — A person employed to deliver a summons or complaint to a person being sued or to
deliver a subpoena to a witness.
Property — Anything that may be the subject of ownership. See Personal Property, Real Property.
Prosecuting Attorney — A public officer whose duty is the prosecution of criminal proceedings on
behalf of the People of the State of Michigan.
Prosecutor — A prosecuting attorney. An elected official in each county; the chief law enforcement
officer of each county.
Prosecutorial Waiver — See Waiver of Jurisdiction.
Protected Person — Under the Estates and Protected Individuals Code (EPIC), a minor or legally
incapacitated person whose estate is under the care of a conservator. See Conservator, Estates and
Protected Individuals Code (EPIC), Legally Incapacitated Person, Minor.
Protective Proceedings — See Child Protective Proceedings.
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PS — An abbreviation for the Protective Services unit of the Department of Human Services. See
Children’s Protective Services.
Public Assistance — See Family Independence Program (FIP).
Public Defender — A lawyer paid by the county or municipality to defend one who is indigent (without
funds). Michigan has a statewide “Public Defender” office for the handling of criminal appeals. See
SADO, State Appellate Defender's Office. Michigan does not have a statewide system for handling
criminal defense at trials.
Purchase-Money Mortgage — A mortgage given, concurrently with a conveyance of land, on the same
land, by the vendee to the vendor, to secure the unpaid balance of the purchase price.
Q
Quantum Meruit — Latin, “as much as he or she has deserved”; absent a contract/ agreement, the law
implies a promise to pay a reasonable amount for services or materials received from another.
Quash — To nullify a proceeding or order. For example, a motion to quash may be initiated for the
purpose of setting aside a bindover after a preliminary examination.
Quasi-Judicial—The ability to hold hearings on, and conduct investigations into, disputed claims and
alleged infractions of rules and regulations and to make decisions in the general manner of courts. A
referee or district court magistrate is a quasi-judicial officer of their respective court.
Quid Pro Quo — Latin, “this for that”; something for something; a fair return; the giving of one valuable
thing for another.
Quo Warranto — Latin, “by what authority.” The name of a writ which brings a person into court so that
it may be determined by what right he or she exercises his or her authority; usually brought by the
Attorney General to test a person’s claim of right to hold public office.
R
Real Property — Land, and generally whatever is erected or growing upon or affixed to the land.
Realty — A brief term for real property.
Reasonable Efforts — In a child protective proceeding, the court must determine that reasonable efforts
are being, or have been, made to place the child for adoption or in another permanent placement in a
timely manner. See also Child Protective Proceedings.
Recess — A brief time set by the judge when those in court, including the jury, may be excused from the
courtroom.
Recognizance —
(1) An obligation entered into before a court of record or duly authorized magistrate, containing a
condition to do some particular act, usually to appear and answer a criminal accusation.
(2) Recognizance replaces an actual “bail bond” in many statutes and court opinions. See Personal
Recognizance.
Reconciliation — When the parties in a divorce action are attempting to work out their differences and
wish to have enforcement of their court orders suspended.
Record — The docket (for acts done), the case file (for documents filed), and any transcripts of
proceedings (the “word for word” – verbatim – accounts by the official court reporter/recorder),
together form the “record.” See Docket.
Record on Appeal — The pleadings, exhibits, orders or decrees filed in a case in the trial court, a copy of
the docket entries, and a transcript of the testimony taken in the case; the record is forwarded to the
appellate court when a party appeals the trial court’s outcome.
Recorder — In some jurisdictions, a public officer who has charge of the records of deeds, instruments
relating to real property, and other legal instruments required by law to be recorded. See also Court
Recorder.
Recorder’s Court — Abolished October 1, 1997, and merged with the 3rd Circuit Court, Wayne County.
Formerly had jurisdiction over all felony cases arising within the City of Detroit.
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Records Retention and Disposal Schedules — A system or plan that states which records must be kept
permanently and which records may be disposed of and when. Applies to all records kept by a court.
Referee — A person who takes testimony, prepares reports, and makes recommendations to the court
in domestic relations, juvenile delinquency and child protective proceedings, and in designated
proceedings involving juveniles.
Referral —
(1) In juvenile delinquency or child protective proceedings, referral to a protective service. If it appears
that the best interests of the child and of society will be served, the court may refer the matter at hand
to a public or private agency providing protective services.
(2) In other proceedings, referrals may be made to public or private agencies who provide a variety of
services, e.g., counseling, substance abuse screening, assessment, and treatment, and psychological or
psychiatric examinations.
Register Of Actions (ROA) — The permanent case history maintained in accord with the Michigan
Supreme Court Case File Management Standards.
Release-On-Recognizance (ROR) — The pretrial release of an arrested person on his or her written
promise to appear for trial at a later date, without deposit of cash or any surety. Used primarily with
defendants as an alternative to monetary bail. See Recognizance.
Remand — To send a case back to the court from which it came for further proceedings. For example,
when a defendant waives a preliminary examination, the case goes from district court to circuit court,
usually because the defendant intends to plead guilty to a charge. The defendant then decides not to
plead guilty and requests a preliminary examination; if the request is granted, the case is “remanded” to
district court. Also for cases on appeal, to send a case back to the lower or trial court from which it was
appealed, with instructions as to what further proceedings should be had there or what further action
should be taken.
Remittitur — An order reducing the amount of money awarded to a plaintiff by a jury when the amount
awarded by the jury is considered excessive by the judge.
Replevin — A civil action to recover: (1) property unlawfully taken or held by another; and, (2) damages
sustained by the unlawful taking or retention. An action for replevin is also known as an action for Claim
and Delivery.
Reports —
(1) Court reports: published judicial cases arranged according to some grouping, such as court
jurisdiction, period of time, subject matter or case significance. Example: 406 Mich 1 is a case citation
for a court opinion beginning on page 1 of volume 406 of Michigan Reports (Michigan Supreme Court
decisions).
(2) Administrative reports or decisions: published decisions of an administrative agency.
Reporter —
(1) A court official responsible for the verbatim record of most court proceedings, including the
questions addressed to, and answers given by, witnesses, usually for the purpose of preparing a
verbatim transcript.
(2) A court official responsible for compiling, indexing and publishing the opinions of an appellate court.
Res Gestae — Latin, “things done.”
(1) A matter incidental to the main or principal fact which helps explain that fact.
(2) Acts and words that are so related to an occurrence as to appear to be evoked and prompted by it.
Res Gestae Witness — Person taking part in or witnessing a crime, or a person at the scene of a crime
who may have personal knowledge concerning the crime or the defendant’s possible involvement.
Res Judicata — Latin, “a thing adjudicated.” A rule that an issue once judicially decided is finally and
conclusively decided and cannot be relitigated. Also known as “claim preclusion.”
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Residence — The place where one presently lives. Does not require that it be a permanent home as is
the case with “domicile.”
Residue — That part of an estate remaining after payment of all debts, charges and legacies.
Respondent — A party against whom a motion is filed in the course of a lawsuit; analogous to a
defendant or an appellee.
Restitution —
(1) In criminal cases, the amount of money that the convicted defendant is required to pay the crime
victim to compensate for damages suffered as a result of the crime.
(2) In civil cases, the amount of money necessary to restore a party who was wronged to the position he
or she was in before suffering the wrong.
Restraining Order — See Injunction, Temporary Restraining Order.
Restricted Delivery Mail — A postal classification that ensures mail is only delivered to the person
specified.
Return — An endorsement or report by an officer, recording the manner in which he or she served the
process or order of the court.
Reverse — To set aside a judgment on appeal; to annul; to vacate.
Revocation Of Will — Annulling or rendering inoperative an existing will by some subsequent act of the
testator.
Right Of Representation — See Per Stirpes.
R-O-R, ROR — See Release on Recognizance.
S
SADO — See State Appellate Defender’s Office.
Satisfaction — A written acknowledgment of receipt of payment or performance of a judgment which,
when filed with the court, discharges the obligation.
SCAO — See State Court Administrative Office.
Search Warrant — A written order from a judge or magistrate directing an officer to search a specific
place for a specific object, issued upon a showing of probable cause.
Sentence — The punishment imposed upon the defendant following a conviction in a criminal
proceeding.
Sentencing Guidelines — Statutory sentencing guidelines are to be used for all felony offenses
committed on or after January 1, 1999, and to which the guidelines apply. The guidelines structure
judicial sentencing discretion but do not eliminate it.
Sequestration of Witnesses — A court order directing witnesses to stay outside the courtroom and to
not discuss testimony with other witnesses until they are called to testify in court. This is to prevent
witnesses from being influenced by the testimony of other witnesses.
Service of Process — The service of writs, summonses, etc.; signifies the delivering to or leaving of such
documents with the party to whom or with whom they ought to be delivered or left; when documents
are so delivered, they are then said to have been served.
Show Cause Order — An order to appear in court and present reasons why certain
circumstances/actions should be continued, permitted, or prohibited.
Show Up — See Lineup.
Slander — Injury to a person’s character or reputation by the spoken word.
Small Claims Court — A division of the district court. The jurisdiction of the small claims division is
limited to civil cases where the amount claimed does not exceed $3,000. Claims are handled without
lawyers or juries, and the parties generally have no right to appeal.
Sole Custody — An order of the court stating that the children live with one parent and that parent is
responsible for making decisions on important issues dealing with the children.
SOS — An abbreviation for the Michigan Department (of the Secretary) of State.
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Specific Performance — A court order directing a party to a contract who has breached its terms to do
what he or she contracted to do; generally involved when the thing or service contracted for is unique
so that money damages for breach of contract would be inadequate, i.e., breach of contract to sell
water rights to one who has no alternative access to water.
Spousal Support — A sum of money that a court orders a spouse to pay to his or her separated or
divorced spouse for support, aid, or maintenance. An award of spousal support does not include child
support. See also Child Support.
Stalking — An intentional course of conduct involving repeated or continuing harassment of another
person that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened,
harassed, or molested, and that actually causes the victim to feel this way. May occur in person or by
electronic means, also known as cyberstalking.
Standard Jury Instructions — A collection of jury instructions approved by a Supreme Court committee
for use by trial court judges.
Stare Decisis — Latin, “to stand by things decided.” The doctrine that the decisions of the court should
serve as precedents for future cases.
State Appellate Defender’s Office (SADO) — A state office for handling criminal appeals and postconviction proceedings for indigent defendants on a statewide basis.
State Bar of Michigan — An association for attorneys licensed to practice law in the State of Michigan.
An attorney must become a member of the State Bar in order to practice law in Michigan.
State Case — Refers to a violation of state law. The term is most often used in district courts and the
remaining municipal courts to distinguish between violations of local ordinances and violations of state
statutes. Violating a state law makes the case a “state case” in these jurisdictions.
State Court Administrative Office (“SCAO”) — Under the general direction of the Supreme Court, the
State Court Administrative Office is responsible for assisting in the administration of justice in Michigan’s
trial courts.
State Court Administrator — An official appointed by the Michigan Supreme Court to act as the director
of the State Court Administrative Office. This official also advises the Supreme Court on matters relating
to management of the state’s court system.
Status Offense — A violation of the juvenile code by a minor that would not be considered a violation of
the law if committed by an adult. Examples: runaway, school truancy, incorrigibility, etc.
Statute of Frauds — A legal doctrine or rule that certain types of agreements must be in writing or they
will not be enforced by the courts. Real estate sales agreements are examples of agreements that must
be in writing.
Statute of Limitation —
(1) Civil Cases — A statutory time limit on the right to seek relief in court for damages, providing that
any claim for relief shall be barred unless begun within a specific period of time following the alleged
wrong.
(2) Criminal Cases — The mandatory time limit set by statute to commence prosecution.
Statutes — Laws in the State of Michigan enacted by the State Legislature. The text of statutes can be
found in the Michigan Compiled Laws, Michigan Compiled Laws
Annotated, and the Michigan Compiled Laws Service.
Stay — The suspension of a judicial proceeding by court order.
Stipulation — An agreement between opposing attorneys or parties on any matter relating to the
proceedings or trial, i.e., to extend the time to answer, to adjourn the trial date, to admit certain facts at
the trial, etc. Often requires court approval to be effective.
Sua Sponte — Latin, “of one’s own accord; voluntarily.” A court acts “sua sponte” when it takes action
voluntarily (“on its own motion”), without first being requested to act by a party to a case.
Subpoena — A writ or order to compel attendance in a court with a penalty for failure to do so.
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Subpoena Duces Tecum — Used to compel a witness to provide all of his or her records or other
specified material mentioned in the body of the subpoena.
Subrogation — The substitution of one party to exercise the rights of another party. Most commonly
used in civil cases in which an insurance company (subrogee) has paid its policyholder and is then
entitled to the policyholder’s right to recover damages.
Successor — A person who succeeds to the office, rights, responsibilities, or place of another. One who
replaces or follows another.
Successor Personal Representative — Under the Estates and Protected Individuals Code (EPIC), a
successor personal representative is appointed by the court to complete the administration of a
decedent’s estate in cases where administration of the estate is left unfinished due to the death,
removal, or resignation of the original personal representative. In some jurisdictions, a successor
personal representative is called the “administrator de bonis non.” See also Administrator De Bonis
Non, Estates and Protected Individuals Code (EPIC), Personal Representative.
Summary Disposition — In a civil lawsuit, a dismissal of, or judgment on, all or part of a claim, made by
a judge before trial upon motion by one of the parties. A motion for summary disposition may be based
on one or more of several grounds, such as: the trial court lacks jurisdiction over the case or the parties;
process or service of process was insufficient; the party asserting the claim has no legal capacity to sue;
another action has been initiated between the same parties involving the same claim; the claim is
barred by the statute of limitations; a party has failed to state a valid defense to the claim against him or
her; or the facts alleged in a party’s complaint do not entitle the party to judicial relief.
Summary Judgment — See Summary Disposition.
Summary Proceedings — Proceedings where the court decides an issue in a prompt and simple manner,
often without the aid of a jury.
Summons — A notice given to a party stating that proceedings have been instituted against him or her
and directing that person to appear in court at a given date and time to answer the complaint; if he or
she fails to appear and answer, a judgment will be entered against him or her.
Superintending Control — The constitutional doctrine that the Michigan Supreme Court has general
administrative supervision over all courts of the state. The circuit courts of each county have similar
administrative supervisory power over the various lower courts within their jurisdiction.
Support Order — In a domestic relations proceeding, an order for payment of money to meet the
ongoing financial needs of a child, spouse, or former spouse. Support may include health care and
educational expenses. See also Child Support, Spousal Support.
Suppress — To suppress a court record is to prevent its release; to suppress evidence is to forbid it from
being introduced at a trial or other court proceeding.
Supreme Court — The highest appeals court in the State of Michigan. The Michigan Supreme Court also
has superintending control over all other courts in the state. See Superintending Control.
Surety — A person who agrees to fulfill another person’s financial obligation in the event the other
person fails to fulfill it. The other person is known as the “principal.” See also Guarantor, Principal.
T
Take — As used in probate, to acquire title or to be entitled to an estate; a person may be entitled to
“take” under the will.
Temporary Restraining Order — An order of the court intended to restrain a person’s actions and
preserve the status quo until a hearing can be held to determine if a preliminary injunction should be
issued. See Injunction.
Temporary Ward — A minor who is under the supervision of the family division but whose parents’
parental rights have not been terminated.
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Ten Percent Bond — A procedure that allows persons to pay to the court ten percent (10%) of the bond
otherwise required of them to obtain their release. This procedure reduces the actual monetary amount
owed so that most persons can arrange bond without the services of a bondsman or other surety.
Tenant — A person who rents property from the owner of the property (a landlord). One who occupies
the property of another for a temporary period, with the landlord’s consent.
Termination Hearing — A hearing held in the family division of the circuit court to determine if the
parental rights to a child are to be terminated, after which the child will become a ward of the court.
The prosecutor is required to attend.
Testate — Having left a valid will at death.
Testate Succession — Inheritance of a decedent’s property under the direction of the decedent’s will.
Testator — One who has made a will. (A female testator is known as a “testatrix.”)
Testimony — The statement of a witness under oath given as evidence.
Third-Party Complaint — In a civil lawsuit, a complaint that the defendant files against a “third party,”
i.e., someone who is not already named in the lawsuit. This “third-party complaint” alleges that the third
party is or may be liable to the defendant for some or all of the plaintiff’s claim.
Tort — An injury or wrong committed against the person or property of another, arising
out of the violation of a duty established by law rather than by contract.
Traditional Waiver — See Waiver of Jurisdiction.
Transcript — The verbatim record of proceedings in a trial or hearing.
Trial Court — The court where trial takes place. Examples of Michigan trial courts are district, circuit,
and probate courts.
Trust — A right of property, real or personal, held by one party for the benefit of another. The person
who creates the trust is called the settlor, trustor, or grantor. Trusts are used for, among other things,
avoiding probate court proceedings, saving on estate tax, providing quality management of assets, and
keeping money out of the hands of improvident beneficiaries.
Trustee — A person in whom property is vested in trust for others.
Turner Hearing — A proceeding to determine if the defendant was entrapped by law enforcement
officials into committing the offense.
U
UCCJEA — Uniform Child-Custody Jurisdiction and Enforcement Act — The
UCCJEA governs state courts’ jurisdiction to make and modify “child-custody determinations” in cases
involving children from another state. “Child-custody determinations” is a term that expressly includes
custody and parenting time orders.
UIFSA — Uniform Interstate Family Support Act — Statutes governing support actions that involve
parents living in different states or on tribal lands.
V
Vendee — A buyer; a person to whom something is sold.
Vendor — A seller; a person who sells something.
Venire — Refers to the panel of jurors summoned for jury duty.
Venue — The jurisdiction in which court proceedings may be instituted. See also Change of Venue.
Verbatim — Word-for-word.
Verdict — A decision by a judge or jury on the issues submitted to the court for determination.
Verification — A person’s statement under oath or penalty of perjury that certain statements of fact in a
document or court paper are true. See Affirmation, Oath, Perjury.
Verified Statement —
(1) A statement (e.g., in a court paper) that contains verification by the party submitting it.
(2) A confidential statement that must be provided to the Friend of the Court and attached to the
complaint in a domestic relations action involving a minor child or requesting child or spousal support.
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Visitation Order — See Parenting Time.
Voir Dire Exam — The preliminary examination into the qualifications and potential biases of
prospective jurors.
W
Wade Hearing — A pretrial hearing to test the fairness of a lineup. The issue at such a hearing is
whether to admit or suppress the identification of the accused that resulted from the lineup.
Waive — To give up a legal right, claim, or privilege.
Waiver — The act of voluntarily waiving or giving up a legal right, privilege, or claim.
Waiver Hearing — Where a juvenile is charged with a felony, a two-phase hearing on a motion
requesting that the family division of circuit court waive its jurisdiction and transfer the case to the
criminal division of the circuit court. Waiver hearings are only held in cases involving “traditional
waiver.” See Waiver of Jurisdiction.
Waiver of Immunity — A means authorized by statute by which a witness, before testifying or
producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby
making it possible for his or her testimony to be used against him or her in future proceedings.
Waiver of Jurisdiction — The process through which the family division of the circuit court relinquishes
its jurisdiction over a juvenile who has committed a criminal offense, and transfers the case to the
criminal division of the circuit court. There are two types of waivers:
(1) Automatic Waiver — If a juvenile between the ages 14 and 17 is charged with certain violations
specified by statute (e.g., murder, armed robbery, first-degree criminal sexual conduct, etc.), the
prosecutor may file a complaint charging the juvenile as an adult. Such cases automatically come under
the jurisdiction of the criminal division of the circuit court. Automatic waivers are sometimes referred to
as “prosecutorial waivers.”
(2) Traditional Waiver — If a juvenile between the ages 14 and 17 is charged with any felony, the
prosecutor may file a motion requesting the family division of the circuit court to waive jurisdiction. If
the prosecutor’s motion is granted, the case is transferred to the criminal division of the circuit court,
and the juvenile is tried as an adult.
Walker Hearing — A court proceeding to determine whether a police officer advised a defendant of his
or her Miranda rights before the defendant gave a statement and whether the defendant voluntarily
gave the statement.
Ward — Under the Estates and Protected Individuals Code (EPIC), a minor or legally incapacitated
person who has been placed under the care of a guardian. See Estates and Protected Individuals Code
(EPIC), Guardian, Legally Incapacitated Person, Minor.
Warrant — A writ or paper issued by a judge or magistrate that allows the police to arrest a person or
search a place. See also Arrest Warrant, Bench Warrant, Fugitive Warrant, Search Warrant.
Warrant Recall — A procedure for removing from the Department of State and State Police computers
information concerning canceled warrants in order to avoid repeated or mistaken arrests.
Widow — A woman whose husband has died and who has not remarried. A man whose wife has died is
called a “widower.”
Widow’s Election — A widow’s choice whether she will inherit under the will or under statute; that is,
whether she will accept the provision made for her in the will and acquiesce to her husband’s
disposition of his property, or whether she will disregard the will’s provisions and claim what the law
allows her.
Will — A written instrument in which a person provides for the disposition of his or her property after
his or her death. A will includes any Codicil.
With Prejudice — A dismissal “with prejudice” means that the plaintiff in a civil case or the prosecution
in a criminal case is forever barred from bringing the case or claim again.
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Without Prejudice — A dismissal “without prejudice” means that the plaintiff in a civil case or the
prosecution in a criminal case may bring the case or claim again.
Witness — One who testifies to what he or she has seen, heard or otherwise observed.
Writ — A written court order requiring the recipient to perform a specific act or refrain from doing some
specific act.
Numeric References
14 Day Rule — A rule that requires a person charged with a felony to be given a preliminary examination
not more than 14 days after the person’s arraignment on the original warrant.
180 Day Rule —
(1) A rule that allows those accused of a felony who have been in jail for 180 days and who have not yet
been brought to trial, to be released on their own recognizance if the delay has not been caused by the
accused or the accused’s attorney.
(2) A rule that requires all pending charges against a prison inmate be brought to trial within 180 days or
be dismissed with prejudice.
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Appendix E: Developmental Disability Docket – Filing
Requirements and Actions
Hearings must be scheduled to occur within 30 calendar days of the date the petition was filed – to be
heard ONLY by a Judge.
Petition Type
New / Initial
Petition
Appoint
Attorney?
YES
(unless an
attorney has
filed an
appearance
representing the
respondent)
Paperwork prepared Paperwork
by Petitioner
prepared by Clerk
IPs and Who Serves
Notice
PC658 – Petition to
Appoint
Order Appointing
Attorney
PC660 – Order
ICHAT(s)
Presumptive Heirs
PC662 – Letters
612 Request (CSTS),
if applicable **
Director of Facility, if
applicable
PC571 – AOT
PC659 ** - 612
Report
PC665 – Order
Placing, if applicable
Driver’s License of
proposed
guardian(s) and
stand-by
Petitioner:
Respondent
GAL, if applicable
Letter to Petitioner
re: missing
documents, if
applicable
VA, if receiving
benefits
Preparer of 612
Report
Clerk:
Petitioner
Appointed Attorney
Before hearing: PSV
pet & NOH
Petition to
Extend Letters –
Letters NOT
Expired
YES
(unless an
attorney has
filed an
appearance
representing the
respondent)
Pet to Appoint / Pet
to Modify /
Motion to Extend
Order Continuing **
local form
PC662 – Letters
PC571 – AOT
** NOH if not
provided
Order Appointing
Attorney
Letter to Petitioner
re: missing
documents, if
applicable
Order Continuing – if
needed
CSTS – Britt and
Psychologist who
prepared the 612
Report, if applicable
Petitioner:
Respondent
Presumptive Heirs
Director of Facility, if
applicable
GAL, if applicable
VA, if receiving
benefits
Clerk:
Before hearing: PSV
pet & NOH
Petitioner
Appointed Attorney
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Petition to Extend
Letters – Letters
Expired
YES
(unless an
attorney has
filed an
appearance
representing
the
respondent)
Pet to Appoint / Pet
to Modify /
Motion to Extend
Order Continuing or
PC660
PC662 – Letters
PC571 – AOT
PC659 ** - 612
Report
PC665 – Order
Placing, if applicable
Order Appointing
Attorney
612 Request, if
applicable **
Letter to
Petitioner re:
missing
documents, if
applicable
Petitioner:
Respondent
Presumptive Heirs
Director of Facility,
if applicable
GAL, if applicable
VA, if receiving
benefits
Preparer of 612
Report
Clerk:
Petitioner
Appointed
Attorney
CSTS – Britt and
Psychologist who
prepared the 612
Report, if
applicable
Before hearing: PSV
pet & NOH
Petition to
Modify/Terminate
YES
(unless an
attorney has
filed an
appearance
representing
the
respondent)
PC677 – Petition to
Mod / Term
Order Appointing
Attorney
PC638b – Order re:
Pet Mod/Term
ICHAT, if new G
If requesting apptmt
of new G:
PC662 – Letters
PC571 – AOT
Driver’s License
Letter to
Petitioner re:
missing
documents, if
applicable
Petitioner:
Respondent
Presumptive Heirs
Director of Facility,
if applicable
GAL, if applicable
VA, if receiving
benefits
Clerk:
Petitioner
Before hearing: PSV
pet & NOH
Appointed
Attorney
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Petition to Allow
Accounts
NO
PC585a – Petition to
Allow ACCT
PC583 or 584 –
Annual Account
PC585b – Order
Allowing Account
Bright line Sheet
Notice of Deficiency, if
any w/acct
Petitioner:
Respondent
Presumptive Heirs
Claimants
GAL, if applicable
Letter to Petitioner re:
missing documents, if
applicable
Clerk:
Petitioner
Before Hearing:
ACCT and NOH
3 Year Hearing to
Allow Account
NO
PC583 or 584 –
Annual Account
PC585b – Order
Allowing Account
Clerk:
Guardian
Bright line Sheet
Respondent
Notice of Deficiency, if
any w/acct
Presumptive Heirs
Notice of Hearing
Claimants
GAL, if applicable
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APPENDIX F: JUVENILE DELINQUENCY PETITION QUICK REFERENCE
GUIDE
Hearing
Schedule
Petition Type
nd
th
Regular
Preliminary
Inquiry
2 &4
Tuesday of the
Month and any
Friday at 1:00
PM, Schedule
on FAR3
Consent
Calendar
(Retail Fraud
Cases)
1 and 3
Tuesday of the
Month at 1:00
PM, Schedule
on FAR3,
Indicate
Consent
Calendar in the
Directive
Diversion – Non
Status Offense
No hearing
required,
conference will
be scheduled by
D. Shaw
Diversion – Non
Status Offense
– EMU
No hearing
required,
conference will
be scheduled by
D. Shaw
st
Diversion –
Victim’s Rights
PI
Diversion –
Status Offense
(Truancy,
Incorrigibility)
Public
Record
Hearing Notice
Place in drawer
on third floor
unless minor
already has open
case with a
probation office
(not diversion
worker)
Yes
Mail to parties with copy
of petition – Use JC45
Notice of Hearing
Place probation
file inside the
legal file for the
hearing.
Include two
copies of the
petition in the
probation file
No
Mail to parties with copy
of petition – Use JC45
Notice of Hearing
Give probation
file to D. Shaw
No
Prepare two copies of
the JC56 – Non Status
Offenses and place in
probation file with four
copies of the petition
I:\Juvenile Forms &
Information\DIVERSION
Give probation
file to D. Shaw
with one extra
copy of the entire
petition packet.
No
Packet forwarded to
EMU by D. Shaw.
No
Mail hearing notice to
minor and parent,
provide a copy to the
diversion caseworker,
Prosecutor, and Victim’s
Rights Advocate
No
No notice needed.
Legal File
Probation File
Include two
copies of the
petition and
fingerprint order
if the case is a
misdemeanor
>93 Days
Place consent
calendar cover
sheet in legal
file.
rd
Check with
supervisor for
date – Hearings
held on
Mondays at
1:00 PM on
FAR3
Conference has
already
occurred –
Caseworker has
Place diversion
cover sheet in
legal file. Enter
JRDV on Register
of actions to
reflect diversion
referral
Place diversion
cover sheet in
legal file. Enter
JRDV on Register
of actions to
reflect diversion
referral. Enter
caseworker on
Filing screen as
EMU.
Place diversion
cover sheet in
legal file. Enter
JRDV on Register
Caseworker will
return the
probation file to
you to set the
hearing - place
inside the legal
file
Place all
documents in
probation file,
enter contract in
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Sex Offender
Program
met with family
and contract
has been signed
of actions to
reflect diversion
referral
Check calendar
on the I-drive
under Judge’s
Calendar for
next available
hearing date
(please give two
weeks’ notice).
Hearings are set
at 9:00 AM on
Fridays – set on
FAJA docket
Prepare legal file
as you normally
would prepare a
regular
preliminary
inquiry file; no
print order
needed.
eNact by
updating
count/petition
screen with DIV.
Give probation
file to Donna
White for
assignment to
probation staff
No
Mail hearing notice to
minor and parent, and
copy to prosecutor.
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