Order
Entered:

        January 23, 1996


94-27

Amendment of Rule 3.207
of the Michigan Court Rules

        On order of the Court, notice of proposed changes having
been provided, and consideration having been given to the comments
received in response to that notice, the following amendment of
Rule 3.207 is adopted January 23, 1996 to be effective April 1,
1996.

[The present language is amended as indicated below.]

ICLE Editor's Note:

Rule 3.207       Ex Parte, Temporary, and Protective Orders
(A)     [Unchanged.]
(B)     Ex Parte Orders.
        (1)-(4)  [Unchanged.]
        (5)      An ex parte order providing for child support,
                 custody, or visitation [with a minor] pursuant to
                 MCL 722.27a; MSA 25.312(7a), must include the
                 following notice:
                                  "NOTICE:
                         "1.  You may file a written objection to
                 [the] this order or a motion to modify or rescind
                 [the] this order. You must file the
                         "[2.  The] written objection or motion [must
                 be filed] with the clerk of the court within 14
                 days after you were served with [the] this order. [A]
                 You must serve a true copy of the objection or
                 motion [shall be served] on the friend of the court
                 and the party who obtained the order.
                         "[3] 2.  If you file a written objection,
                 the friend of the court [shall] must try to resolve
                 the dispute. If the friend of the court cannot
                 resolve the dispute and if you wish to bring the
                 matter before the court without the assistance of
                 counsel, the friend of the court [shall] must
                 provide you with form pleadings and written
                 instructions and must schedule a hearing with the
                 court.
                         "3.  The ex parte order will
                 automatically become a temporary order if you do
                 not file a written objection or motion to modify
                 or rescind the ex parte order and a request for a
                 hearing. Even if an objection is filed, the ex
                 parte order will remain in effect and must be
                 obeyed unless changed by a later court order."
        (6)-(7)  [Unchanged.]
(C)-(D) [Unchanged.]

STAFF COMMENT: The 1996 amendment of MCR 3.207(B)(5) extended the
mandatory notice provision in visitation cases to child support and
custody cases. Other changes were made to reflect the November 1993
amendment of MCL 722.27a(13); MSA 25.312(7a)(13).

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.