Starting September 1, 2025, filing an ex parte motion is about to become more complex. Motions filed ex parte, which is Latin for “by or for one party,” are based on one party’s belief that the matter is so urgent and important, that the other side should not be afforded notice. MCR 3.207 states that the court needs to be satisfied by the facts in the motion that “irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.”
Ex parte motions have to be verified or have an affidavit attached regarding the truth of the statements contained therein. Beyond that, not a lot is required procedurally to file the motion, as the seriousness of the facts really dictate the outcome. That is all about to change this September, as the ex parte court rule is getting a major overhaul.
If the case
has minor children involved, ex parte motions will have to set forth
whether child has an established custodial environment (ECE), and if so, with
who. Per MCL 722.27, the custodial environment “is established if over an
appreciable time the child naturally looks to the custodian in that environment
for guidance, discipline, the necessities of life, and parental comfort.” The motion also has to state whether or not
entry of the requested order will change the ECE, or clear and convincing
evidence exists that changing the ECE is in the child’s best interest. If a
third party is requesting the ex parte order, he or she must also show
the change is in the best interest of the child, by clear and convincing
evidence.
Additionally,
the court cannot enter an order that could modify the ECE without having an
evidentiary hearing within 21 days after the ex parte order is entered.
The order must include the notice of the hearing also, and the order has to be
served on the Friend of the Court and opposing party within three days of its
issuance. Ex parte orders must include specific language that provides
parties with information as to what needs to be done if they want to object to
the order, and when it may become a temporary order. The revised court rule
also makes multiple changes to mandatory order language, as well as what must
be done after service of the order. Be sure to check those out as this article
addresses the modifications impacting how to file and what the court must do to
enter an ex parte order.
And as a side
note… ex parte is pronounced eks-PAR-tay, not ex party. Because nobody
wants to party with their ex.
