View Full Version : Phone Hearing


mittengal
07-18-2006, 06:27 AM
Anybody have an experience with setting up a phone hearing under MCR 2.004?

DJB's Wife
07-18-2006, 07:44 PM
I don't experience with it, would like to know what it is. Can you explain what it is?

mittengal
07-18-2006, 08:40 PM
under cain v michigan dept of corrections, inmates were given the right to a phone hearing on domestic relations issues involving minor children. it started out being just for inmates who were in jeopardy of having their parental rights taken away but after going back and forth like these things do, it has evolved into any issue relating to minor children, including child support, foster care, guardianship, etc. the mi supremes have ruled that no changes can be made in any of these situations unless the inmate has been given a chance to be present (due process) and knowing that the prisons arent keen on driving around the state to various counties for a hearing have established that inmates have the right to whats called a phone hearing. its michigan court rule 2.004.

i am interested in this because my son might need to request one and was wondering if he schedules it or if the court takes care of it on their end. the court form that is used is pre-printed as if the other party (non-incarcerated) is asking for the hearing. i was wondering if the procedure is different if the inmate is asking for the hearing.

i have the memorandum from scao if anyone is interested in reading up on phone hearings.

DJB's Wife
07-19-2006, 04:28 PM
Thanks for explaining. I don't know the answer to your question. Hopefully, someone that does will come along shortly.

Could try at the time requesting the hearing note that he is incarcerated and will need to participate over the phone.

mittengal
07-22-2006, 08:03 AM
thought i would give you an update on my experinece with this...
i spoke to an atty friend of mine who told me to fill out the notice of hearing but leave the hearing date blank and write in "phone hearing requested". i did that and highlighted it just in case. :) i also filled out the notice of phone hearing and the motion forms. i attached his sentencing order and a printout from otis.

my atty friend says hes had experience with this and the clerk should know what to do, he cant be the only atty scheduling something like this. of course when i go to the clerks office they dont know anything about it, cant accept the motion because no date has been set, etc. i said just read the notice and you will understand whats going on. the clerk i spoke to even refused to do that! i said ok i will go straight to the judge.

so i went there and spoke to the judges clerk. she didnt know anything about it but said to leave the paperwork. she will look it over and if they have any questions she will call me. that was thursday morning and i havent heard anything. i am hoping that means the judge (at least) understands whats going on.

if i dont hear anything by the middle of next week or something doesnt show up on the docket i will definitely be calling back.

DJB's Wife
07-23-2006, 12:13 AM
Good Luck! Hope you get it scheduled. It's amazing how many people that work for the system don't understand how the system works.

fedupmomma
07-23-2006, 04:40 PM
mittengal my daughter has requested "phone hearing" with the FOC, since she has moved to VA. I believe the paperwork goes to the FOC and they set up the hearing, then the paperwork goes to the clerks office if it's going in front a judge. A case manager could deal with it for him and have a hearing. Good luck.

mittengal
07-23-2006, 07:04 PM
fedupmomma-- i had gone to the FOC the day before to ask how to do this before filling out the papers. even the FOC clerk didnt know what to do! could be someone there does but obviously she wasnt the one i talked to. i did drop off a set of papers at the FOC the next day (when i went to the judges chambers). my atty friend said more than likely a phone hearing wont be needed. but just in case one is needed get the request in when the motion is filed as it will take awhile to set it up. we will see.