MICHIGAN LEGAL FORMS

Choosing to Represent Yourself in Michigan Court

Although you have the right to represent yourself in any court proceeding, the Michigan Supreme Court does not encourage anyone to file and prosecute or defend their own divorce, paternity, protective order, or other civil or criminal case.

Representing yourself in court may or may not be right for you, and your decision to represent yourself may have long-term consequences. The forms on this website are intended to be a helpful resource but are not intended to be legal advice. Only an attorney can provide such advice and instruction.

Learn more about representing yourself in this video: https://www.courts.michigan.gov/resources-for/the-public/self-represented-litigants/ developed by the Michigan Supreme Court.

Important Definitions and General Responsibilities when Representing Yourself in Michigan

General Responsibilities:

• You should research the Michigan statutes, rules, and the law as it pertains to your case. The court staff may be able to help you find this material, however, they are not allowed to help you fill out your paperwork or provide legal advice.

• You must provide copies of all court files to the other parties in your case.

Filing Your Case in Michigan

To file your case in Michigan, you will need to take the original and copies of your pleadings to the clerk of the court and ask them to file the paperwork. You may want to call the clerk's office to confirm the number of copies you will need to file.

The clerk will provide a case number and process the forms.

If you are filing for a divorce in the state of Michigan, you are required to wait 60 days after filing your paperwork to finalize your divorce.

Pleadings, appearances, petitions, summons, service, filing fees, and financial declarations are all critical to understand before representing yourself in court.

Pleadings are legal documents that are filed with the court. They are used to start a case, present arguments, and request relief from the court.

Appearances are formal statements that are filed with the court to indicate that a party is representing themselves.

Petitions are legal documents that are filed with the court to start a case. They typically include the following information:

• The name and address of the petitioner (the person who is filing the case)

• The name and address of the respondent (the person who the case is being filed against)

• The nature of the case (e.g., divorce, paternity, child custody, etc.)

• The relief that the petitioner is seeking from the court

Summons are legal documents that are served on the respondent to inform them of the case and to require them to respond to the petition.

Service is the process of delivering a legal document to the respondent. There are different ways to serve a respondent, depending on the type of case.

Filing fees are the fees that must be paid to the court when filing a case. The amount of the filing fee varies depending on the type of case.

Financial declarations are legal documents that may be required to be filed in certain types of cases, such as divorce and child custody cases. Financial declarations disclose a party's income, assets, and debts.

Learn more about the Michigan Court structure here: https://www.courts.michigan.gov/courts/about-the-judicial-branch/michigan-current-court-system/

Preparing for Your Court Date in Michigan

In Michigan, the courts are open to each and every person. Although there is no requirement that a person have a lawyer to go to court, you are encouraged to talk with a lawyer to make sure you know your rights and all your legal options. Courts have a lot of rules and procedures that have to be followed. If you do not follow the rules, you may not be able to give the judge all of the information you want to about your case. If you represent yourself, you must be prepared. When preparing for your court hearing, keep in mind the following things:

• Before your court date:

  • Read over all of your court documents. Be familiar with all the documents that you and the other side have submitted to the court.

  • Make sure you deliver a copy of each document or piece of information that is filed or delivered to the court to the other party. It is your responsibility to do this in most instances, not the court's. Failure to provide notice of a hearing or to give the documents to the other party could delay your case.

  • Review and research the Michigan statutes, rules of procedure, and case law that apply to your type of case. You need to be prepared “legally” for court. The court will require you to follow the same rules and procedures that an attorney must follow.

  • Consider observing another case similar to yours in the same court at some point before your hearing date so that you can see how the court conducts its proceedings.

  • Gather all the papers you want the judge to see. Make several copies to take to court. The court may not be able to consider all of your information if it is not properly presented to the court as required by court rules.

  • Decide who you want to testify in court on your behalf. Remember, in court, you cannot tell the judge what someone else said, so if you need that statement introduced in court, the person who made the statement needs to testify.

  • Write out your questions in advance. Go over your questions with your witnesses ahead of time. This will prepare both you and them for the actual hearing.

  • Create an outline or a brief summary of your side of the case. It may be helpful to prepare a brief list of your main points so you will be sure you state all that is necessary.

  On the day of your court date:

  • Be on time. Better yet, arrive early for your court hearing. However, be prepared to wait in case earlier cases take longer than expected. Give yourself plenty of extra time to get to the courthouse. Most courts have metal detectors at their entrances, so it may take extra time to enter the courtroom. Any bags or packages that are brought to court are subject to inspection. Weapons are not permitted. When you come to court, bring copies of any papers you want the Judge to see. The court will keep any item or papers offered in evidence.

  • Dress appropriately. It is important for you to dress in a manner that shows respect for the court and for the legal proceeding that is taking place. Plan to dress as though you were going to an important job interview or attending a special occasion.

  • Be respectful to everyone. Call the Judge “Your Honor.” Always stand when the Judge or other judicial officer enters or leaves the bench. Address all comments to the Judge, except when you are questioning a witness.

  • Listen carefully and wait your turn to speak or respond. Do not interrupt others when they are talking. Everyone will get a chance to tell their side of the story. Be polite even if you do not agree. If you have an objection to testimony or documents presented to the court, your objections have to be made according to court rules and procedures.

  • An official record will be kept of the courtroom proceedings. All of your comments will be recorded. Be sure to speak clearly, slowly, and at a volume that can be heard and understood.

  • If other people are coming with you to court, only bring people who are needed for your case as a witness and maybe a few people to support you. Remember that the appearance and behavior of anyone who joins you in the courtroom will reflect directly on you and your case. Therefore, your friends and family members should dress and act appropriately to show respect for the Court and the important proceedings of which you are a part.

  • Do not bring children with you to court, unless you are specifically asked to do so by the Judge, an attorney or the Guardian ad Litem(GAL) or Court Appointed Special Advocate (CASA), or unless the child is a witness in the case or will provide information to the judge at the hearing.

  • Turn off cellular phones and pagers while in the courtroom, court offices or when attending conferences called by the court.

  • Be prepared to offer a brief summary of your side of the case.