Rule 3.210.Hearings and Trials

MCR 3.210 is the trial rule for domestic relations cases. It controls when the court may hear proofs, how a default is entered and undone, when contested custody demands an evidentiary hearing, and how an agreed judgment reaches the judge.

When proofs may be taken

Subrule (A)(1) holds proofs and testimony in a divorce or separate maintenance action until the statutory waiting period expires. Subrule (A)(2) is the pressure valve: on motion and a proper showing of unusual hardship or compelling necessity, the court may take testimony and render judgment at any time 60 days after the case is commenced, regardless of any stay. Testimony may be taken conditionally at any time to perpetuate it, and under (A)(4) it is taken in person except as MCR 2.408(B) provides, by telephone in extraordinary circumstances, or by videoconferencing under MCR 2.407 and MCR 2.408.

Default and default judgment

Subrule (B) governs defaults in every case under the subchapter. A party requests one in a written request verified under MCR 1.109(D)(3) asserting proof of service and the failure to plead or otherwise defend, and the clerk must enter it. The requesting party then gives prompt notice under MCR 3.203 and files a proof of service. A defaulted party may not proceed until the default is set aside, though (B)(2)(d) lets the court permit discovery under Subchapter 2.300, motions, referee hearings, and dispute resolution proceedings on conditions it sets.

How the judgment enters depends on what it asks for. Under (B)(4)(a) a hearing on at least 14 days' notice is required for a judgment of divorce, separate maintenance, or annulment, for a proposed judgment seeking relief different from the complaint, and where the moving party lacks facts to complete it without a judicial determination. Where (B)(4)(a) does not require a hearing and the relief can be determined from information available to the moving party and stated in or attached to the motion or complaint, (B)(4)(b) allows either that same 14-day hearing or a verified motion served with the proposed judgment and notice that it goes to the court for signing if no written objections are filed with the clerk within 14 days.

Two limits sit above that. Subrule (B)(5)(a) forbids entering a divorce, separate maintenance, or annulment judgment as a matter of course on a party's default for failure to appear at the hearing or by consent; the case must be heard in open court on proofs taken, except as statute or court rule otherwise provides. Under (B)(6)(a) a motion to set aside a default judgment must come within 21 days and show good cause, unless it rests on jurisdiction or on a failure to give the notice (B)(2)(b) or (B)(4) required. Under (B)(7) an order setting aside a default or a default judgment is conditioned on the defaulted party paying the taxable costs the other party incurred in reliance on it, except as MCR 2.625(D) prescribes, and the court may add other conditions, including a reasonable attorney fee.

Contested custody

Subrule (C)(1) bars an order changing a child's established custodial environment until the court holds an evidentiary hearing and finds clear and convincing evidence supporting it, and it sets a clock: the hearing comes within 56 days after the court orders one or after notice requesting one is filed, or within 56 days after the final mediation session where both parties agreed to mediation under MCR 3.216 or MCR 3.224(G) and it failed. Subrule (C)(2) applies the same 56 days to a custody action assigned to a probate judge under MCL 722.26b, running from assignment. The decision comes within 28 days after the hearing under (C)(3), and (C)(7) lets the court extend either period for good cause.

Three provisions shape the hearing itself. Under (C)(4) the notice may stand alone or ride in another paper filed in the action if the caption mentions it. Under (C)(5) the court may interview the child privately to determine whether the child is of sufficient age to express a preference about custody and, if so, the child's reasonable preference; the interview stays on those questions and what the court hears applies only to the reasonable preference factor. Under (C)(6), where the friend of the court has submitted a report, the parties get an opportunity to review it and file objections before a decision enters.

Findings and consent judgments

Subrule (D) sends findings to MCR 2.517, requires findings and conclusions on contested postjudgment motions to modify a final judgment or order, and lets the court divide pension, retirement, and other deferred compensation rights with a qualified domestic relations order without first valuing them. Subrule (E) lets any party present a judgment approved as to form and content and signed by all parties and their attorneys of record, at the (B)(5)(a) hearing in a divorce, separate maintenance, or annulment case and at any time in other actions; a version the court finds not in accordance with law is resubmitted in conformity with the ruling within 14 days or as the court directs, and the entered judgment is served on all other parties within 7 days.