OBJECT! AND DO IT QUICKLY -- FOR MOST ISSUES, YOU HAVE ONLY 21 DAYS TO FILE AND SERVE YOUR OBJECTION.
A party may obtain a de novo review on any matter that has been the subject of a referee hearing and that resulted in a statement of findings and a recommended order by filing an appropriate objection.[1] Although the trial court may conduct the hearing by review of the record of proceedings with the referee, the trial court must allow the parties to present live evidence as to matters objected to.[2]
The trial court may, in its discretion, prohibit a party from presenting live on findings of fact to which the party did not object and may find the referee’s findings conclusive as to matters to which neither party objected,[3] but the trial court must make independent conclusions as to matters to which a party did object.[4] So, be specific and detailed in your objection - whatever you do not object to is probably coming in.
Demand a de novo hearing- a hearing "anew" before your judge, without deference to the Friend of the Court. It is your right. For example, in Cochrane v Brown,[5] the Court of Appeals reversed a lower court for limiting its review of a Friend of the Court recommendation following a party’s objection to the referee’s findings of fact and conclusions of law, the file and transcripts. The defendant-father objected to a referee’s recommendation denying his motion to modify custody. The lower court conducted the hearing but did not allow him to present evidence because the lower court’s administrative policy permitted review of the record alone.[6] But, a hearing as contemplated in MCR 3.215 “based solely on review of the referee’s hearing record is permissible only with the consent of all parties,” and the lower court “cannot simply adopt the referee’s recommendation without conducting its hearing de novo.”[7] The word “must” is a directive to allow live evidence.[8]
[1] MCL 552.507(F); MCR 3.215(e)(4).
[2] MCR 3.215(F)(1); see also Cochrane v Brown
[3] MCR 3.215(F)(1)(a)-(c).
[4] Drumm v Brodbeck, 276 Mich App 460; 740 NW2d 751 (2007).
[5] 234 Mich App 129; 592 NW2d 123 (1999).
[6] Id.
[7] Id.
[8] Mann v Mann, 190 Mich App 526, 529; 476 NW2d 439 (1991) (citing Crampton v Crampton, 178 Mich App 362; 443 NW2d 419 (1989)).