Motion practice – Michigan divorce law and family law: For most people a “Motion” is a term from high school physics to describe the process of being moved. In government, a motion is a formal proposal to do something. Under Michigan law a motion is a formal proposal to the court.
Our attorneys use motions to ask the court to do something before a regular scheduled date. Motions can be an effective tool to obtain interim relief.
In a Michigan divorce or family law case, attorneys it is not uncommon for a motion to be filed.
For example, if a party has violated a court order, the other party may file a motion to show cause which the violation of the order to the court’s attention and the court can dispense justice.
Other common examples a Michigan divorce or family law case, is a motion to return property, for temporary custody, or interim parenting time.
Court’s typically hear motions one day a week. In Macomb county they are heard on Mondays, in Oakland County, Wednesdays and in Wayne County motions are heard on Fridays. Smaller counties hear motions when the court is available.
Like other Michigan divorce and family law hearings, motions require notice and an opportunity to be heard. Your attorney will file the Motion, along with a praecipe, notice of hearing and proof of service.
The specific rules regarding motion practice are set forth in the Michigan Court Rules section 2.119. All motions must be in writing, state with particularity the grounds on which it is based, state the relief or order sought and be signed by the party or attorney as provided in Michigan Court Rules section 2.114.
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By: Daniel Findling