Chapter 20: Review of Referee Recommendations, Rehearings, and Appeals
In this chapter. . .
This chapter discusses the procedural requirements for requesting review of a referee’s recommended findings and conclusions following a hearing.
This chapter also briefly touches on rehearings and provides a brief overview of (1) how a party may appeal to the Michigan Court of Appeals or the Michigan Supreme Court, (2) the requirements of filing an appeal, and (3) the reviewing court’s decisionmaking process.
20.1Judicial Review of Referee’s Recommended Findings and Conclusions
“Before signing an order based on a referee’s recommended findings and conclusions, a judge of the court shall review the recommendations if requested by a party in the manner provided by [MCR 3.991(B)].” MCR 3.991(A)(1).
A.Advice of Right to Seek Review
A referee must advise the parties of the right to request that a judge review a referee’s recommended findings and conclusions as provided in MCR 3.991(B). MCR 3.913(C)(1).
“A party’s request for review of a referee’s recommendation must:
(1) be in writing,
(2) state the grounds for review,
(3) be filed with the court within 7 days after the conclusion of the inquiry or hearing or within 7 days after the issuance of the referee’s written recommendations, whichever is later, and
(4) be served on the interested parties by the person requesting review at the time of filing the request for review with the court. A proof of service must be filed.” MCR 3.991(B).
“A party may file a written response within 7 days after the filing of the request for review.” MCR 3.991(C).
However, if a request for review of a referee’s recommendation is not filed with seven days of the conclusion of the inquiry or issuance of the referee’s written recommendation as required under MCR 3.991(B)(3), “the court may enter an order in accordance with the referee’s recommendations.” MCR 3.991(A)(2).
C.Timing Requirement for Judge’s Consideration of Request
Nothing in MCR 3.991 precludes a judge from reviewing a referee’s recommendation and entering an appropriate order before the time for requesting a review has expired. MCR 3.991(A)(3).
However, once the judge enters an order, a request for review cannot be filed. MCR 3.991(A)(4). Rather, reconsideration of the order may be granted under MCR 3.992 (rehearings).1 MCR 3.991(A)(4).
Unless good cause exists, the court must consider the request for review within 21 days after the request is filed if the child is in placement. MCR 3.991(D). A hearing is not required in order to rule on the request. Id. However, the judge has discretion to hold a hearing before ruling. MCR 3.991(F).
“The court may stay any order . . . pending its decision on review of the referee’s recommendations.” MCR 3.991(G).
MCR 3.991(E) sets out the standard of review of a request to review a referee’s recommended findings and conclusions:
“The judge must enter an order adopting the referee’s recommendation unless:
(1) the judge would have reached a different result had he or she heard the case; or
(2) the referee committed a clear error of law which
(a) likely would have affected the outcome, or
(b) cannot otherwise be considered harmless.”
“The judge may adopt, modify, or deny the recommendation of the referee, in whole or in part, on the basis of the record and the memorandums prepared, or may conduct a hearing, whichever the court in its discretion finds appropriate for the case.” MCR 3.991(F).