When you’re making a request of the court – asking for relief or asking them to do something – you can’t just pick up a phone, call the court and request it. No, what you need is to file a petition or motion. When you do that, you file the petition and then pay the requisite filing fee. Then you serve that petition with a hearing date the court provides you in what’s known as a Notice of Hearing form.
The Notice of Hearing is a State Court Administrative Office form, which can be found and printed by clicking here. Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Notice of Hearing form is no different.
The Notice of Hearing form is associated with MCL 700.1401, which states:
(1) If notice of a hearing on a petition is required and except for specific notice requirements as otherwise provided by supreme court rule, the petitioner shall cause notice of the time and place of the hearing on the petition to be given to each interested person or the person’s attorney if the person has appeared by attorney or requested that notice be sent to the person’s attorney. Unless otherwise provided by supreme court rule, notice must be given by 1 of the following methods:
(a) Mailing a copy at least 14 days before the time set for the hearing by certified, registered, or first-class mail addressed to the person being notified at the post office address given in the person’s demand for notice, if any, or at the person’s office or place of residence, if known.
(b) Delivering a copy to the person being notified personally at least 7 days before the time set for the hearing.
(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, publishing once a copy in a newspaper having general circulation in the county where the hearing is to be held at least 14 days before the time set for the hearing.
(2) The court for good cause shown may provide for a different method or time of giving notice for a hearing.
(3) Proof that notice was given must be made at or before the hearing and filed in the proceeding.
(4) If a person entitled to notice under section 3306, 3310, 3403, 3414, 3705, or 5426 is a resident in and a citizen of a foreign country, the person required to give notice must notify the consul of the foreign nation in the city of New York or of the district having jurisdiction, or the consul, vice-consul, or consular agent resident in this state, if there is one, of the matters and with the particulars described in the relevant section of this act.
In addition to this statute, the Notice of Hearing form is associated with MCL 710.21, MCR 3.802(A)(3), MCR 5.102 and MCR 5.109(2). These are accessible by clicking on the MCL or MCR number. To help you understand this form better, as well as how to inform interested parties Darren Findling of The Probate Pro covers everything in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.