Referee Hearing Information
The Friend of the Court Referee
To ensure that issues are addressed in a timely manner, a domestic relations referee may conduct hearings on matters referred by the court and recommend an order on those issues.
Referee Hearings
People mistakenly believe that a referee hearing is not a “real” hearing. However, this is not correct. A referee hearing is a formal hearing and the referee is required to follow the Michigan Court Rules and the Michigan Rules of Evidence. You may have an attorney represent you at a referee hearing, or you may choose to represent yourself. If you choose to represent yourself, you are expected to conduct yourself as an attorney would and to follow the same general rules an attorney would. You should know what evidence you need to present and how to present it.
Pre-Hearing Procedure
Read your Notice of Hearing closely as it provides further instruction.
Witnesses: If you think you need to order someone to attend the referee hearing, follow the procedure set out in Michigan Court Rule 2.506, or consult an attorney. If you intend to call witnesses (other than the parties), you must provide the full name and contact information to the other party, and the Friend of the Court, at least three business days prior to the referee hearing.
Currently, the Clare County FOC requires that all witnesses appear remotely by Zoom. You may contact the Clare County FOC office for specific instructions, or those instructions can be found here.
Exhibits: Intro information about exhibits. If you intend to offer exhibits at the hearing, you must follow the Clare County FOC Exhibit Policy.
What to Expect
If you choose to represent yourself at the referee hearing, you should prepare for the hearing ahead of time by making a list of information you think is important for the referee to know. You can use this list as a reminder to bring up the points you think are important.
Go to the Friend of the Court courtroom on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Check in at the FOC office. Take a seat in the hallway and wait for your case to be called.
If the other party attends the hearing, he or she will have an opportunity to present his or her evidence also. When the other party, or his/her witnesses testify, take notes. Do not interrupt the other party or the witnesses. You will have an opportunity to testify and to ask questions also. Taking notes will help you with this.
Adjournment of Referee Hearing
Requests for adjournments are discouraged but will be considered for good cause per MCR 3.215C. All adjournment requests should be made as soon as the conflict is known. If you need to request an adjournment of your referee hearing, please use this form.
Request to Appear Remotely
MCR 2.408(A)(2) generally prohibits the use of videoconferencing technology in civil proceedings where testimony or the presentation of evidence may occur. Most referee hearings are evidentiary in nature, which requires both parties to appear in person for the hearing. However, if you are requesting to appear remotely for the referee hearing, please use this form.
Referee Recommended Orders
Only a judge can enter orders. A referee can only recommend orders to the judge. An order does not become effective until a judge signs it. After your referee hearing, you will receive a copy of the referee's recommended order. If you do not agree with the referee’s decision, you have 21 days, from the date of service of the referee’s recommended order, to file an objection, and request a de novo (new) hearing before the judge. If neither party files an objection within 21 days, the referee's recommended order will become a final order.
Objecting to Referee Orders
If you do not agree with the referee's recommended order, you must state your objection in writing and file it with the county clerk's office as soon as possible, but not later than 21 days after service of the recommended order. Objections should be based on good reasons - if your objection is made without grounds, is unreasonable, or is only intended to delay the entry of an order, the court may dismiss your objection.
In some cases, the Judge may make the referee’s recommended order effective temporarily—until the 21 day time to object to the order expires or until the judge hears an objection at a new hearing. If a de novo hearing is held, the Judge will make a decision upholding or changing the referee’s recommendation.
You may use the Objection to Referee's Recommended Order form to object to a referee recommendation. Complete the top portion of the Objection form and take it to the Clare County Clerk's office for filing and further instructions.