A.Time Requirements for Filing Motion
“The petitioner may file an ex parte motion to extend the effectiveness of the order, without [a] hearing, by requesting a new expiration date. The motion must be filed with the court that issued the [PPO] no later than 3 days before the order is to expire.” MCR 3.707(B)(1).
A petitioner’s “[f]ailure to timely file a motion to extend the effectiveness of [a PPO] does not preclude the petitioner from commencing a new personal protection action regarding the same respondent, as provided in MCR 3.703.” MCR 3.707(B)(1).
Within three days of a petitioner filing an ex parte motion to extend the effectiveness of the order, the court must act on the petitioner’s motion. MCR 3.703(B)(1).
“If the expiration date on a [PPO] is extended, an amended order must be entered.” MCR 3.707(B)(2). “The clerk must immediately notify the law enforcement agency specified in the [PPO] of the change.” Id. See also MCL 600.2950(19)(b) and MCL 600.2950a(19)(b), which contain substantially similar language.
“The [amended] order must be served on the respondent as provided in MCR 2.107 [(governing service of pleadings and other documents)].” MCR 3.707(B)(2).
D.Minors or Legally Incapacitated Individuals
“Petitioners or respondents who are minors or legally incapacitated individuals must proceed through a next friend, as provided in MCR 3.703(F).” MCR 3.707(C). For additional information on minors and legally incapacitated individuals as parties to a personal protection proceeding, see Section 5.4.
There are no motion fees for filing a motion to extend a PPO. MCR 3.707(D).