A referee is an attorney who
holds hearings, examines witnesses, and makes recommendations to a judge. The
chief judge of a circuit court may appoint an attorney to serve as a referee to
hear testimony and arguments on any domestic relations issue, except
modifications of spousal support. In Livingston County, many domestic relations
motions are first heard by a referee.
A referee hearing differs
from a hearing before a judge. A referee’s decision is only a recommendation to
the judge. A referee’s recommendation will become a court order only if neither
party files an objection within specific time limits, as prescribed by the
Michigan Court Rules. A party who disagrees with a referee’s recommendation may
request a new (de novo) hearing before the judge assigned to the case. The
objection and request for a hearing must be in writing and be filed with the
circuit court clerk within 21 days after the referee recommendation is
completed. At the conclusion of the hearing before the judge, an order will be
entered.
Referee hearings are held at
the Law Center in hearing rooms at the Friend of the Court (FOC) Office located
at: 210 S. Highlander Way, Howell, MI 48843. Please note that proper attire is
required pursuant to the Courthouse Decorum Local Administrative Order.
If you need to request to
adjourn a referee hearing, please use the form:
Adjournment of Referee
Hearing
If you are requesting to
participate in the referee hearing by telephone, please use the form:
Request for Telephonic
Hearing
If you are requesting to
bring your cell phone or electronic device to the referee hearing for purposes
of presenting evidence, you must please use this form and submit it to the FOC
secretary at least three (3) days prior to the hearing:
Request for Order
Permitting Possession of Electronic Devices
If you are requesting to have
an FOC custody, parenting time, or support investigator testify at the referee
hearing, please see the Local Administrative Order for Subpoenas of FOC Investigators.