Rule 2.004. Incarcerated Parties

(A) This subrule applies to

(1) domestic relations actions involving minor children, and

(2) other actions involving the custody, guardianship, neglect, or foster-care placement

of minor children, or the termination of parental rights, in which a party is

incarcerated under the jurisdiction of the Department of Corrections.

(B) The party seeking an order regarding a minor child shall

(1) contact the department to confirm the incarceration and the incarcerated party’s

prison number and location;

(2) serve the incarcerated person with the petition or motion seeking an order regarding

the minor child, and file proof with the court that the papers were served; and

(3) file with the court the petition or motion seeking an order regarding the minor child,

stating that a party is incarcerated and providing the party’s prison number and

location; the caption of the petition or motion shall state that a telephonic or video

hearing is required by this rule.

(C) When all the requirements of subrule (B) have been accomplished to the court’s

satisfaction, the court shall issue an order requesting the department, or the facility where

the party is located if it is not a department facility, to allow that party to participate with

the court or its designee by way of a noncollect and unmonitored telephone call or by

videoconferencing technology in a hearing or conference, including a friend of the court

adjudicative hearing or meeting. The order shall include the date and time for the hearing

or conference, and the prisoner’s name and prison identification number, and shall be

served at least 7 days before the hearing or conference by the court upon the parties and

the warden or supervisor of the facility where the incarcerated party resides. The initial

ence, including a friend of the court

adjudicative hearing or meeting. The order shall include the date and time for the hearing

or conference, and the prisoner’s name and prison identification number, and shall be

served at least 7 days before the hearing or conference by the court upon the parties and

the warden or supervisor of the facility where the incarcerated party resides. The initial

Chapter 2. Civil Procedure

telephone call or videoconference shall be conducted in accordance with subrule (E). If

the prisoner indicates an interest in participating in subsequent proceedings following an

initial telephone call or videoconference pursuant to subrule (E), the court shall issue an

order in accordance with this subrule for each subsequent hearing or conference.

(D) All court documents or correspondence mailed to the incarcerated party concerning any

matter covered by this rule shall include the name and the prison number of the

incarcerated party on the envelope.

(E) The purpose of the initial telephone call or videoconference with the incarcerated party,

as described in subrule (C), is to determine

(1) whether the incarcerated party has received adequate notice of the proceedings and

has had an opportunity to respond and to participate,

(2) whether counsel is necessary in matters allowing for the appointment of counsel to

assure that the incarcerated party's access to the court is protected,

(3) whether the incarcerated party is capable of self-representation, if that is the party’s

choice,

(4) how the incarcerated party can communicate with the court or the friend of the court

during the pendency of the action, and whether the party needs special assistance for

such communication, including participation by way of additional telephone calls or

videoconferencing technology as permitted by the Michigan Court Rules, and

pable of self-representation, if that is the party’s

choice,

(4) how the incarcerated party can communicate with the court or the friend of the court

during the pendency of the action, and whether the party needs special assistance for

such communication, including participation by way of additional telephone calls or

videoconferencing technology as permitted by the Michigan Court Rules, and

(5) the scheduling and nature of future proceedings, to the extent practicable, and the

manner in which the incarcerated party may participate.

(F) A court may not grant the relief requested by the moving party concerning the minor

child if the incarcerated party has not been offered the opportunity to participate in the

proceedings, as described in this rule. This provision shall not apply if the incarcerated

party actually does participate in a telephone call or video conference, or if the court

determines that immediate action is necessary on a temporary basis to protect the minor

child.

(G) The court may impose sanctions if it finds that an attempt was made to keep information

about the case from an incarcerated party in order to deny that party access to the courts.

Subchapter 2.100 Commencement of Action; Service of Process; Pleadings;

Motions