How Latin Terms Affect Your Rights in Michigan

Michigan's economic troubles have affected people in many ways; with one such issue being raised is a citizen's lack of access to competent legal assistance when engaged in complex family court litigation. In Michigan often time people find themselves in front of what is known as a "friend of the court" referee, which by inference of their name, certainly is not to their favor. When lacking adequate counsel, this experience can be less than enjoyable.

This brief column is designed to help individuals that find themselves in an unfortunate position of being in a referee's presence and the beneficiary of a less than satisfactory ruling can request a de novo hearing, but first you have to know exactly what "de novo" means.

Traditionally a de novo hearing is a hearing where the evidence and law are reheard before a new tribunal and a new record is created, essentially, from the beginning. In practical terms there are two scenarios where you will hear the term de novoin Michigan family law.

A de novo hearing can be requested before a circuit court judge when a party is dissatisfied with a referee's proposed order. However, changes to Michigan Court Rules, in particular MCR 3.215, have substantially taken the intention out of a de novo hearing because the review before a circuit court judge can be based on the original record of the referee hearing if the judge sees fit, so you should always make sure to introduce as much as evidence as possible to the record for the judge's review. The judge in this scenario only provides a fresh look of the existing record under the circumstance, so it is important to bring any issues to the judge's attention that were not adequately presented at the referee's hearing to increase the possibility of creating a new record.

MCR 3.215 Domestic Relations Referees
http://courtofappea ls.mijud. net/rules/ documents/ 1Chapter3Special ProceedingsandAc tions.pdf

You will also hear the term "de novo" used as a standard of review in a court of appeals opinion. Certain issues are reviewed by a court of appeals "de novo" giving no deference to the trial court's decision: