5.11Extension of PPO

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).

B.Court Procedures

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).

C.Notice of Extension

“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.

E.Motion Fees

There are no motion fees for filing a motion to extend a PPO. MCR 3.707(D).