INSTRUCTIONS FOR COMPLETING NOTICE OF TELEPHONIC HEARING PURSUANT TO MCR 2.004

WHEN TO USE THIS NOTICE:

You must complete this form (MCR 2.004) if:

You are filing a motion or petition asking the court for an order regarding a minor child. This includes motions regarding custody, parenting time, child support, guardianship, foster-care or an order in a parental rights termination action; AND
The other party is incarcerated under the jurisdiction of the Michigan Department of Corrections

You must contact the Department of Corrections to confirm the incarcerated party’s prison identification number and prison location. Prisoners are often moved so it is important that you find out and use the current location of the other party. You can contact the Department by telephone at 517-335-1426 or through the “offender search” link on the internet at www.michigan.gov/corrections. The website contains the prison identification number. Make sure that you use the MDOC number and not the SID number.
You must file and serve this notice together with your motion or petition.
In your motion or petition, you should write "Telephone Hearing Required Per MCR 2.004" above or below the title of the motion.

COMPLETING THE NOTICE:

Use your court papers to fill in the “Judicial Circuit”, the “County” in which your case is filed and the “Case No.” Fill in the court address and telephone number.
Also use your court papers to fill in the “Plaintiff” and “Defendant” boxes. For example, if on your court papers, your name is in the box that says “plaintiff” you should write your name and address in the “Plaintiff” box on this notice form.
On Line 1, indicate whether you are the plaintiff or the defendant.
On Line 2, state the name of the other party, the name of the correctional facility where the other party is incarcerated and the facility’s complete address.
On Line 3, state the other party’s prison identification number.
On Line 5, state the type of motion or petition you are filing. For example, you may be filing a motion for a judgment of divorce, for an order to change custody or parenting time or a petition for a guardianship.
On Line 6, fill in the date and time of the hearing on your motion or petition. You will need to contact the Court to find out when they can schedule your motion or petition and use the date and time that is provided to you. When you are requesting a hearing date, you should explain that a telephone hearing is required. It may take the court additional time before it can hear your motion or petition since the court needs to prepare an order for the telephonic hearing and send it to the correctional facility where the other party is located.
On Line 7, write in today’s date and sign your name.
On the day you mail a copy of this notice to the other party, write in the date and sign your name after “Certificate of Mailing.” Do not sign or date this line until the day you put a copy in the mail.

Make at least 4 copies of the notice after you have filled it out. You will send (“serve”) one of the copies on the other party.

SERVING THE NOTICE ON THE OTHER PARTY

Serve this notice by mailing a copy to the other party at the correctional facility. On the day you are going to do this, sign and date the “certification of mailing.”
Write the other party’s prison identification number on the envelope.
You should mail and serve your motion or petition together with this notice.

FILING THIS NOTICE WITH THE COUNTY CLERK:

Take the original and 3 copies of the notice to the county clerk where your case is located. The original goes to the court file; one copy goes to the Friend of the Court and one to the judge. You will get one stamped copy back for your records.
Note: You should file the notice together with your separate motion or petition. You will be asked to pay $20.00 to file your motion (unless you have filed an Affidavit and Order, Suspension of Fees/Costs). You do not need to pay an additional $20.00 fee to file this notice.

AFTER FILING AND SERVING THIS NOTICE

After you file this notice and the court is satisfied, the court will issue an order requesting the correctional facility where the other party is located to allow that party to participate by telephone at the court hearing on your motion.

To locate free or low cost legal assistance:

Visit the Michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or
Look under "attorneys" in the yellow pages to find your local legal aid office, or
Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.
Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.