Appearance in Probate Court?
How do I look? A court Appearance is quite different from what we generally think of when we think of someone’s appearance. Most think of your appearance as how you look… your clothes, hair, facial expression which creates an overall impression. However, in the legal context, it is a specific process defined by court rule.
It is not about what clothes you wear to court or whether your hair is done for the court hearing!
Appearance: By an Attorney
The Michigan Court Rules (rule 2.117(B) defines an Appearance by an Attorney as “an act indicating that the attorney represents a party in the action.”
An attorney can appear in a proceed on behalf of a client by the filing of documents with the court. The court rule provides that it it is “made in a manner not involving the filing of a documents with the court, the attorney must promptly file a written appearance and serve it on the parties entitled to service.” Michigan’s State Court Administrator Office (SCAO) has created a pre-printed form titled Appearance that comports with this court rule. It is important to note that a written appearance must comply with the caption requirements in MCR .
The rule further provides that “If an attorney files an appearance, but takes no other action toward prosecution or defense of the action, the appearance entitles the attorney to be served with all documents as provided by MCR
Appearance: By a Party
MCR 2.117(A) addresses an Appearance by a Party. The court rule provides that:
Darren Findling of The Probate Pro provides a helpful video on the completion of the SCAO form MC 02.
By a Law Firm
The court rule provides that a pleading, appearance, motion, or other document filed by a law firm on behalf of a client is deemed that of the individual attorney first filing a document in the action. All notices required by these rules may be served on that individual. It continues until an order of substitution or withdrawal is entered, or a confirming notice of withdrawal of a notice of limited appearance is filed as provided by subrule (C)(3). This subrule is not intended to prohibit other attorneys in the law firm from appearing in the action on behalf of the party.