Last updated: 11/11/2021
Objection To Referees Recommended Order {FOC 68}
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Description
Objection to Referees Recommended Order Use this form if you are objecting to a referees recommended order. (Form FOC 68)<<<<<<<<<********>>>>>>>>>>>>> 2 INSTRUCTIONS FOR COMPLETING "OBJECTION TO REFEREES RECOMMENDED ORDER"Use this form if you are a party to an action and you have received a copy of a referees recommendedorder that you disagree with. By completing this form and filing it with the court, you are asking for a newhearing before a judge. You must fill out this form and file it with the county clerk within 21 days after youreceive a copy of the referees recommended order.Please print neatly. After filling in the form, you will need to make at least 5 copies.Items A through F must be completed before your objection can be filed with the court. Please read theinstructions for each item. Then fill in the correct information for that item.A Copy the "Case No." from the referees recommended order onto this form.B See the court papers mentioned above to fill in the "Plaintiff" and "Defendant" boxes and if applicable, the "Third Party" box. Copy your names from these court papers on this form. For example, if your name is in the box that says "plaintiff", then you should write your name in the "plaintiff" box on this form. You are the "moving party". Once you have written the names where they belong, check the box "moving party" in the same box as your name.C Write in the date the recommended order was signed by the referee. The date will be at the bottom of the order. D Explain in as much detail as possible why you disagree with the referees recommended order.E Write in todays date and sign your name. Now contact the friend of the court office in your county to find out how to get a hearing date. See page 3 of this booklet for details.F Once you get a hearing scheduled, fill in the full name of the judge who will be hearing this objection, the date of the hearing, the time of the hearing (include whether it is a.m. or p.m.), and the place of the hearing. Now go to the county clerks office with the original and 5 copies of this form. The clerk will keep the original and 1 copy and return 4 copies to you. Read pages 3 and 4 of this booklet for details on mailing this form to the other party.G On the date you mail 1 copy to the other party, write in the date and sign your name on the remaining 3 copies. Return to the county clerk with 2 copies. Read page 4 of this booklet for details.What happens next: You must attend the hearing on the date and time stated in the "Notice of Hearing" part of the form. For more information about the hearing, see pages 4 and 5 of this booklet.PAGE 6 <<<<<<<<<********>>>>>>>>>>>>> 3 Original - Court 3rd copy - Friend of the Court 1st copy - Moving Party 4th copy - Proof of Service Approved, SCAO 2nd copy - Objecting Party 5th copy - Proof of Service STATE OF MICHIGAN A CASE NO. JUDICIAL CIRCUIT OBJECTION TO COUNTY REFEREES RECOMMENDED ORDER Court address Court telephone no.B Plaintiffs name, address, and telephone no. Moving party Defendants name, address, and telephone no. Moving party v Third partys name, address, and telephone no. Moving party I object to the entry of the referees recommended order datedC and request a de novo hearing by the court. My objection is based on the following reason(s): D I declare that the statements above are true to the best of my information, knowledge, and belief. E Date Signature of objecting party Name (type or print) NOTICE OF HEARING F A hearing will be held on this objection before Hon. Name of judge on at at . Date Time Place If you require special accommodations to use the court because of a disability, please contact the court immediately to make arrangements. CERTIFICATE OF MAILING I certify that on this date I mailed a copy of this objection and notice of hearing on the other party(ies) by ordinary mail at the above address(es). G Date Signature of objecting party FOC 68 (6/98) OBJECTION TO REFEREES RECOMMENDED ORDER MCR 3.215(E)<<<<<<<<<********>>>>>>>>>>>>> 4 OBJECTION TO REFEREES RECOMMENDED ORDER CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. Fill out all requested information on the form? YES 2. Make all necessary copies? YES 3. File the objection form with the clerks office? YES 4. Mail (serve) a copy of the objection on the other party and on any other custodian/guardian after the judge and hearing date were assigned to your case by the clerk? YES 5. Return to the clerks office after you mailed the objection and notice of hearing to the other party and completed the certificate of mailing? YES 6. Keep one copy of the objection and notice of hearing form for yourself? YES 7. Give 2 copies of the completed form to the clerk of the court? YESYou must attend the hearing on the objection. If you cannot answer "yes" to all of the above steps, a hearing on your objection may be delayed or your objection may be dismissed. By using this form packet you are representing yourself in a court action. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you what you want. If you have any questions about any steps in the process, refer to pages 3 through 5 for details. <<<<<<<<<********>>>>>>>>>>>>> 5 INSTRUCTIONS FOR USING FORM FOC 68 OBJECTING TO A REFEREES RECOMMENDED ORDER FILING AN OBJECTION If your hearing was held before a referee and you do not agree with the referees decision, you have 21 days from the date you receive the referees recommendation to file an objection and request a de novo (new) hearing before the judge. 1. Fill out the Objection to Referees Recommended Order form. Use the instructions on the form. Be careful not to make mistakes. Before filling out the Notice of Hearing part of the form, contact the friend of the court office to find out who to contact about getting a hearing date. Then contact the person or office that the friend of the court office directs you to. Fill in the form with the information you get about the hearing date, location of hearing, and name of the judge who will be hearing the motion. Make at least 5 copies of the form after you have filled it out. 2. File the form with the county clerk. Take the original and 5 copies of the form to the county clerk in the county where your case is located. The county clerk will write the name of the judge assigned to your case o