Rule 3.613.Change of Name

MCR 3.613 handles name change petitions, and most of it is about who learns of the case. Publication is the default; a petitioner who shows good cause gets the opposite, no publication and a confidential record. The rule also governs notice to a noncustodial parent when a minor is the subject, and how the court stores a file closed to the public.

The petition and the published notice

Subrule (A) puts the petition on a form approved by the State Court Administrative Office. Under subrule (B), the court orders publication of notice in a newspaper in the county where the action is pending unless the rule provides otherwise. The notice carries the petitioner's name, the current and proposed names of the subject, and either the hearing time, date, and place or the date by which a person with the same or a similar name must move to intervene. Where fees have been waived under MCR 2.002, the court pays the cost of any ordered publication, including any affidavit fee charged for preparing the affidavit under MCR 2.106(G), and any case record reflecting that payment is nonpublic.

Good cause for nonpublication

Subrule (C) requires the court, on a petition showing good cause, to order that no publication take place and that the record be confidential. Good cause is described without closing the list: evidence that publication or availability of the record could place the petitioner or another individual in physical danger, at an increased likelihood of such danger, or at risk of unlawful retaliation or discrimination. Good cause is presumed as provided in MCL 711.3, and subrule (C)(1) forbids requiring proof of an arrest or prosecution. The court rules ex parte.

Granted or denied

A grant brings a written order, notice to the petitioner of the decision and of the hearing if there is one, and, where a minor is the subject, direction to notify the noncustodial parent under subrule (E). A denial brings a written order stating reasons and offering three paths: request a hearing on the denial, file a notice of dismissal, or go forward by submitting a publication of notice form within 14 days of entry. The order is final if no hearing is requested in that time. Any hearing on the denial is held on the record, the petitioner must attend, and the court gives its reasons on the record. Once the case proceeds by publication after a denial, subrule (C)(10) requires an order that the record is no longer confidential.

Minors

Subrule (D) states that a minor's petition need not be signed in the presence of a judge. Subrule (E) governs service on a noncustodial parent. If the address or whereabouts is known, the parent is served with the petition and a notice of hearing at least 14 days before the hearing in a manner prescribed by MCR 2.107(C). If it cannot be found after diligent inquiry, the notice is published once at least 14 days before the hearing, naming the parent and stating that the result may bar or affect that parent's interest, or the court may order another manner of service reasonably calculated to give actual notice. Subrule (F) presumes that a child 7 years of age and under is not of sufficient age to be consulted about a preference on a name change.

Keeping a confidential file

Subrule (G) describes storage: a sealed envelope marked confidential, placed in a private file. Except as the court orders, only the original petitioner may reach the file, and no information about a confidential record, including whether it exists, is accessible to the general public.