Sec. 7.
(1) The chief judge may designate a referee as provided by the Michigan court rules.
(2) A referee may do all of the following:
(a) Hear all motions in a domestic relations matter, except motions pertaining to an increase or decrease in spouse support, referred to the referee by the court.
(b) Administer oaths, compel the attendance of witnesses and the production of documents, and examine witnesses and parties.
(c) Make a written, signed report to the court containing a summary of testimony given, a statement of findings, and a recommended order; or make a statement of findings on the record and submit a recommended order.
(d) Hold hearings as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. The referee shall make a record of each hearing held.
(e) Accept a voluntary acknowledgment of support liability, and review and make a recommendation to the court concerning a stipulated agreement to pay support.
(f) Recommend a default order establishing, modifying, or enforcing a support obligation in a domestic relations matter.
(3) If ordered by the court, or if stipulated by the parties, a referee shall make a transcript, verified by oath, of each hearing held. The cost of preparing a transcript shall be apportioned equally between the parties, unless otherwise ordered by the court.
(4) The court shall hold a de novo hearing on any matter that has been the subject of a referee hearing, upon the written request of either party or upon motion of the court. The request of a party shall be made within 21 days after the recommendation of the referee is made available to that party.
(5) A hearing is de novo despite the court's imposition of reasonable restrictions and conditions to conserve the resources of the parties and the court if the following conditions are met:
(a) The parties have been given a full opportunity to present and preserve important evidence at the referee hearing.
(b) For findings of fact to which the parties have objected, the parties are afforded a new opportunity to offer the same evidence to the court as was presented to the referee and to supplement that evidence with evidence that could not have been presented to the referee.
(6) Subject to subsection (5), de novo hearings include, but are not limited to, the following:
(a) A new decision based entirely on the record of a previous hearing, including any memoranda, recommendations, or proposed orders by the referee.
(b) A new decision based only on evidence presented at the time of the de novo hearing.
(c) A new decision based in part on the record of a referee hearing supplemented by evidence that was not introduced at a previous hearing.
(7) Pending a de novo hearing, the referee's recommended order may be presented to the court for entry as an interim order as provided by the Michigan court rules. The interim order shall be served on the parties within 3 days and shall be subject to review as provided under this subsection.
History: 1982, Act 294, Eff. July 1, 1983 ;-- Am. 1985, Act 208, Eff. Mar. 1, 1986 ;-- Am. 1996, Act 144, Imd. Eff. Mar. 25, 1996 ;-- Am. 2004, Act 210, Eff. Oct. 1, 2004 Popular Name: Friend of the Court
Structure Michigan Compiled Laws
Act 294 of 1982 - Friend of the Court Act (552.501 - 552.535)
Section 552.501 - Short Title; Purposes and Construction of Act.
Section 552.502 - Definitions; a to I.
Section 552.502a - Definitions; M to T.
Section 552.504b - Information and Records to Be Provided to Citizen Advisory Committee.
Section 552.505a - Open Friend of the Court Case; Closure.
Section 552.508 - Expediting Relief; Methods.
Section 552.509a - Centralized Receipt and Disbursement of Support and Fees.
Section 552.512 - Reporting Information to Consumer Reporting Agency.
Section 552.515 - Certain Actions by Employee Providing Domestic Relations Mediation; Prohibition.
Section 552.517a - Repealed. 2002, Act 571, Imd. Eff. Oct. 3, 2002.
Section 552.517c - Review of Support Order in Another State; Procedures.
Section 552.517d - Motion for Modification of Parenting Time Order.
Section 552.517e - Arrearage Payment Schedules; Administrative Adjustment.
Section 552.518 - Information From Employer or Former Employer Relative to Parent.
Section 552.520 - Information Requested by Department of Human Services.
Section 552.522 - Appointment of Attorney to Assist Friend of the Court; Compensation.
Section 552.525 - Removal of Friend of the Court; Approval.
Section 552.526 - Grievance Procedure; Record; Powers and Duties of Citizen Advisory Committee.
Section 552.527 - Compensation and Expenses of Friend of the Court and Employees.
Section 552.528 - Compilation of Data.
Section 552.531 - Repealed. 1996, Act 366, Eff. Jan. 1, 1997.
Section 552.533 - Repeal of MCL 552.251 to 552.255.