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Michigan Family Law - Discovery Stage Court Forms
Michigan
Automated document set for Michigan's MC 11 - Subpoena and CC 320 - Domestic Relations Verified Financial Information Form
Family Law
Michigan Family Law - Discovery Stage Court FormsThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
In the context of civil litigation, a subpoena like the MC 11 form is essential when you need someone to testify or produce evidence in a legal proceeding. This form is commonly needed during the discovery phase of a lawsuit, where gathering information is critical to building a case. Specifically, a subpoena may be necessary to secure documents, records, or testimonies from individuals who are not parties to the litigation but have pertinent knowledge or evidence.
- Filing a Complaint: The process often begins with a complaint, which officially starts the legal action.
- Discovery Requests: Issuing interrogatories, requests for production, or admission to gather information from other parties can precede the need for a subpoena.
- Motions for Discovery: Sometimes, you'll need to file a motion to compel discovery if parties are non-cooperative, which can trigger the issuance of a subpoena to third parties.
Subpoenas can thus be a direct outcome of uncooperative parties, requiring you to seek information elsewhere. The form ensures that witnesses appear in court or that documents are produced, helping to establish the facts of the case and further the legal proceedings effectively.
- Complete the Form: Fill out the MC 11 Subpoena form with all necessary information including the case number, judge's name, and specific orders such as appearing at a designated location or producing documents.
- Submit to the Court: File the completed form with the court in the proper judicial district or circuit where the case is being heard. Ensure you include any applicable police report numbers if it's related to a criminal case.
- Judge's Approval: If seeking a debtor's examination or an injunction, obtain a judge’s signature on the subpoena to validate its issuance.
- Serve the Subpoena: Deliver the subpoena to the relevant individuals or entities either personally or via certified mail, ensuring a return receipt is filed if necessary.
- Proof of Service: File a proof of service with the court confirming the subpoena has been appropriately served. This may include a certificate of service completed by the process server.
Court Address Alternatives
While the court address is often the default, if the appearance is required at a different location, be sure to specify it accurately under the 'Other' option.
Items Specification
Be thorough in listing all documents or items needed. If the list is lengthy, use an additional page. Note that the party requesting documents must cover reasonable copying costs.
Assets Declaration
If you're ordered to testify about your assets, ensure you bring all the specified documents from line 3. Omissions can lead to compliance issues.
Recorded Deposition
Remember that a visual recording will be made during the deposition. Dress appropriately and be prepared for video documentation.
Prohibition Compliance
If an order prohibits transferring or disposing of property, comply strictly to avoid contempt charges. Attachments may specify exactly what actions are prohibited.
Judge-Issued Subpoenas
Subpoenas involving debtor examination or injunctions must be signed by a judge. Ensure the correct procedure is followed.
Service Details
Record meticulously who, when, and where the subpoena was served. If serving via mail, the return receipt is crucial and should be attached.
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1
Ensure that the subpoena has been properly served to the individual or entity it is directed to, either personally or via registered/certified mail with a return receipt.
2
File the proof of service with the court clerk to confirm that the subpoena has been served on the intended recipient.
3
If a debtor’s examination was requested, confirm whether the subpoena was issued by a judge as required under MCL 600.6110.
4
Monitor for any responses or motions from the opposing party regarding the subpoena, which may include motions to quash or modify the subpoena terms.
5
Prepare for the court appearance or deposition outlined in the subpoena, ensuring you have collected all requested documents or evidence needed.
