Rule: 2.402  Facsimile Transmission of Documents 

Local court rule 2.402 is rescinded, effective January 1, 2004. 

Rule: 2.402  Facsimile Transmission of Documents 

Local court rule 2.402 is rescinded, effective January 1, 2004. 

Rule: 2.402  Facsimile Transmission of Documents 

Local court rule 2.402 is rescinded, effective January 1, 2004. 

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Local court rule 2.402 is rescinded, effective January 1, 2004. 

Rule: 2.402  Facsimile Transmission of Documents 

Local court rule 2.402 is rescinded, effective January 1, 2004. 

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Local court rule 2.402 is rescinded, effective January 1, 2004.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Local court rule 2.402 is rescinded, effective January 1, 2004.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

Rule: 2.402  Facsimile Transmission of Documents 

Local court rule 2.402 is rescinded, effective January 1, 2004. 

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.