Title: Understanding Michigan Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations Keywords: Michigan, motion, specific findings of fact, state conclusions of law, domestic relations, legal process, divorce, child custody, child support, spousal support Introduction: Michigan Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is a legal tool utilized in divorce and domestic relations cases. This motion seeks to have the court make specific factual findings and state conclusions of law that can affect various aspects of the case, such as child custody, child support, and spousal support. Understanding this motion is crucial for individuals involved in domestic relations disputes in order to present a comprehensive and well-argued case. Types of Michigan Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations: 1. Motion to Make Specific Findings of Fact: This type of motion pertains to seeking the court's determination regarding specific factual issues relevant to the domestic relations case. It involves presenting evidence, testimonies, and supporting documents to support one's position and request the court to make factual findings that can influence the outcome of the case. 2. Motion to State Conclusions of Law: This particular motion focuses on having the court declare the applicable legal principles that should be used to decide the domestic relations case. It includes asking the court to interpret relevant statutes, precedents, and legal standards and apply them to the specific circumstances of the case. Main Content: When filing a Motion to Make Specific Findings of Fact and State Conclusions of Law in a Michigan domestic relations case, it is essential to provide a detailed explanation of the relevant facts and legal arguments. The content of the motion should include: 1. Clear identification of factual issues: Clearly state the factual issues that require the court's determination. This may involve aspects such as the best interests of the child for custody matters or the financial circumstances of both parties for support considerations. 2. Evidence and supporting documents: Include evidence such as financial records, medical reports, witness testimonies, or any other relevant supporting documents that reinforce your position. These should directly relate to the factual issues raised and should be submitted to the court as exhibits. 3. Legal arguments and authorities: Present compelling legal arguments to support your position and address relevant statutes, case law, and legal principles. Cite relevant Michigan laws pertaining to divorce, child custody, child support, and spousal support to strengthen your arguments. 4. Proposed findings of fact and conclusions of law: Outline the specific findings of fact and conclusions of law that you request the court to make. These should be comprehensive, clear, and address all relevant aspects of the domestic relations case. Precise language should be used to ensure the court understands your intended outcome. Conclusion: Michigan Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is a crucial instrument in domestic relations cases in Michigan. By filing this motion and meticulously presenting the facts and legal arguments, individuals can better assert their positions and influence the court's determinations on issues like child custody, child support, and spousal support. It is important to consult with a knowledgeable attorney to ensure compliance with Michigan's legal requirements and increase the chances of a favorable outcome.
Michigan Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
Serve the Motion. When you get the three remaining copies of the motion from the court, serve a copy on the plaintiff by first-class mail. If the plaintiff has an attorney, serve the motion on the attorney instead of the plaintiff. Complete the Certificate of Mailing on the bottom of your copy of the form.
File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
(iii) the moving party or parties may file a reply brief in support of the motion. Reply briefs must be confined to rebuttal of the arguments in the nonmoving party or parties' response brief and must be limited to 5 pages. The reply brief must be filed and served at least 4 days before the hearing.
Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.
Filing Fees General Civil (Limit of $25,000.00)FeeClaims up to $600.00$35.00Claims from $600.01 to $1750.00$55.00Claims from $1750.01 to $10,000.00$75.00Claims from $10,000.01 to $25,000.00$160.001 more row
The emotional ties between the child and each parent are one of the biggest factors in child custody cases. A judge will consider which parent the child has bonded with more, how each parent relates to the child, and which parent the child goes to when they have a problem.
