Michigan Local Probate Court Rules

Allegan Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Barry Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Eaton Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Genesee Probate 
Rule: 2.119  Motion Practice 
(A) Motion Certification by Attorney. The following certificate signed by the attorney 
of record or by the party in propria persona shall be attached to or incorporated in 
the motion and notice of hearing filed with the clerk: 
I hereby certify that I have made personal contact with 
________________________ [name] on ________________ [date], requesting 
concurrence in the relief sought with this motion and that concurrence has been 
denied, or that I have made reasonable and diligent attempts to contact counsel 
requesting concurrence in the relief sought with this motion. 
(B) Proposed Orders. A proposed order must be attached to and served with the 
motion. 
(C) Application. This rule applies to all motions filed in the circuit court and to 
motions filed in civil actions in the probate court. 

Local Court Rules – Probate Courts   Last Updated 6/23/2006 

Ingham Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Kalamazoo Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Menominee Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Oakland Probate 
Rule: 2.402  Use of Communication Equipment 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

Rule: 3.205  Prior and Subsequent Orders and Judgments Affecting Minors 
(A) Venue. This rule applies whenever the prior and subsequent courts are Oakland 
County courts. 
(B) Notice to Prior Court, Friend of the Court, Juvenile/Probate Register or 
Prosecuting Attorney. 
(1) As used in this rule, "appropriate official" means the friend of the court, 
juvenile/probate register or Prosecuting Attorney, depending on the nature of 
the prior or subsequent action and the court involved. 
(2) If a minor is known to be subject to the prior continuing jurisdiction of an 
Oakland County court, the plaintiff or other initiating party must file written 
notice of proceedings in the subsequent court with 
(a) the clerk or register of the prior court, and 
(b) the appropriate official of the prior court. 
(3) The notice must be filed at least 21 days before the date set for hearing. If 
the fact of continuing jurisdiction is not then known, notice must be given 
immediately when it becomes known. 
(4) The notice requirement of this subrule is not jurisdictional and does not 
preclude the subsequent court from entering interim orders before the 
expiration of the 21-day period, if required by the best interests of the minor. 

Local Court Rules – Probate Courts   Last Updated 6/23/2006 (C) Prior Orders. 
(1) Each provision of a prior order remains in effect until the provision is 
superseded, changed, or terminated by a subsequent order. 
(2) A subsequent court must give due consideration to prior continuing orders 
of other courts, and may not enter orders contrary to or inconsistent with such 
orders, except as provided by law. 
(D) Duties of Officials of Prior and Subsequent Courts. 
(1) Upon receipt of the notice required by subrule (B), the appropriate official of 
the prior court 
(a) must provide the assigned judge of the subsequent court with the 
docket sheet; 
(b) may appear in person at proceedings in the subsequent court, as the 
welfare of the minor and the interests of justice require. 
(2) The appropriate official of the prior court shall furnish documents upon 
request of the subsequent court. 
(3) Upon request of the prior court, the appropriate official of the subsequent 
court 
(a) must notify the appropriate official of the prior court of all proceedings 
in the subsequent court, and 
(b) must send copies of all orders entered in the subse quent court to the 
attention of the clerk or register and the appropriate official of the prior 
court. 
(4) If a circuit court awards custody of a minor pursuant to MCL 722.26b, the 
clerk of the circuit court must send a copy of the judgment or order of 
disposition to the probate court that has prior or continuing jurisdiction of the 
minor as a result of the guardianship proceedings, regardless of whether there 
is a request. 
(5) Upon receipt of an order from the subsequent court, the appropriate official 
of the prior court must take the steps necessary to implement the order in the 
prior court. 

Rule: 5.503  Adjournments in the Estates Division 
(A) General. This rule governs adjournments in the estates division of the Oakland 
Probate Court. Adjournment of hearings shall be limited to those situations where 
the party requesting adjournment demonstrates verifiable good cause. Where the 
court has issued an order to show cause, adjournments may be only granted by the 
judge at hearing. 
(B) Adjournment Request Procedure in the Estates Division. 
(1) All requests must be made in writing or by telephone. 
(2) Subject to the limitations set forth in subrules (B)(3), and (D) all requests 
for adjournment will be acted upon by the deputy probate register with 
Local Court Rules – Probate Courts   Last Updated 6/23/2006 oversight by the manager of estates and mental health, or, in the manager's 
absence, by the division's staff attorney. 
(3) Only the assigned judge has authority to approve: 
(a) requests submitted within 24 hours of the scheduled hearing, 
(b) requests involving contested matters, or 
(c) requests made during a hearing. 
(4) The form of the request for adjournment must conform with MCR 
2.503(B)(2). 
(5) A stipulation and a proposed order for adjournment will be accepted from 
any party to the stipulation. 
(C) Adjournment Requests from Attorneys of Record. 
(1) An attorney of record who seeks an adjournment shall contact the court by 
telephone or in writing. An attorney who contacts the court in writing shall 
submit a stipulation and a proposed order. 
(2) If the request for adjournment is made by telephone, the requesting 
attorney shall immediately prepare a stipulation and proposed order and 
forward it to the court. 
(3) If the request is made in writing through a stipulation and a proposed order, 
it will be acted upon in accordance with subrule (B)(2) or (3). 
(D) Adjournment Requests from Unrepresented parties. When a party not 
represented by an attorney requests an adjournment, either in writing or by 
telephone, the request shall be received and acted upon by the deputy probate 
register. 
(E) Adjournment to Date Certain. If the court grants an adjournment, it shall 
simultaneously establish an adjourned hearing date. 
(1) Court employees handling the request must coordinate the adjourned date 
and time with the assigned judge's court calendar. 
(2) The adjourned hearing date shall be no more than 28 days after the 
originally scheduled date. 
(3) If the adjournment occurs at a hearing, the court shall announce the 
adjourned date on the record. 
(F) Sanctions for Noncompliance. Failure to file the required stipulation and 
proposed order by the hearing date may result in court-imposed sanctions, 
including but not limited to dismissal of the petition, costs, and/or fees. If a petition 
dismissed under this rule is later refiled, a new petition filing fee must be paid. 
(G) Statistical Monitoring. The court staff may record and catalog all requests for 
adjournment as to party, reason, and result. 
Local Court Rules – Probate Courts   Last Updated 6/23/2006

Oscoda Probate 
Rule: 2.402  Facsimile Transmission of Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004. 

St. Joseph Probate 
Rule: 2.402  Use of Facsimile Communication Equipment for Purposes of 
Filing Court Documents 
Local court rule 2.402 is rescinded, effective January 1, 2004.