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Request Leave of the court OR submit a motion


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I'm fuzzy on this, there are a number places in the civil rules were it states that XYZ can only happen with permission of the opposing party or by leave of the court.

In those cases can you simply submit a Request for Permission of the Court to do xyz or must it always be by motion only? Motions = fees

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I'm pretty sure anytime you ask for Leave of court to do something in WRITING it has to be done via a motion. However..I asked for, and the opposing attorney in my case, asked for things orally at pre-trial hearings and got around motions and associated fees that way. You can move for something orally at a trial or hearing. Just be prepared to cite court rule/case law in case the court or attorney would question you.

I hear you on the motion fees. $20 doesn't seem like all that much but if you don't have money falling out your ears a few motions adds up quickly. I'm just grateful MI is actually cheap as far as fees goes. SO GRATEFUL we don't have to pay to answer the complaint like in some states. What BS!

I'm sure you know, but I'll add this just in case (and for others reading this): if you can carefully plan what you need to do and ask of the court you can combine several motions and file them at once and pay only ONE motion filing fee.

Also for our Michigan friends, if I were indigent or on public assistance I would look into MI form MC20 which is an affidavit/application to have fees suspended in an action. If granted you can file a motion etc w/o paying the filing fee at the time. You'll still have to pay it...but it buys you time!

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yep I picked up on the multiple motions for one fee clause and have used that. I'm trying to figure out what I can do cost effectively, I have prepared motions on a number of things ready to go that I can reference, and I'm going to make some bulleted lists for my binder as well.

I'm thankful that I have the time available that I can research as much as I want, I'm putting in sometimes 8 hours a day, I'm a little OC that way. If you have any Michigan specific links that you want to share I've been putting it together here http://usdebtweb.com/index.php?page=mi/midebtweb

or if you have any suggestions as to how I'm laying it out

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