Affidavits and Verified Statements in Michigan Family Court

Two ways to verify a document

Most papers you file do not need to be verified unless a rule or statute says so (MCR 1.109(D)(3)). When verification is required or permitted, MCR 1.109(D)(3) allows two methods:

• Oath or affirmation by the party or someone with knowledge of the facts, typically signed in front of a notary or a deputy clerk.
• A signed and dated declaration in this form: “I declare under the penalties of perjury that this ___ has been examined by me and that its contents are true to the best of my information, knowledge, and belief.” This option is not available for an affidavit.

Many SCAO forms already contain the declaration language, for example in the certificate of mailing on the order forms. Under MCR 1.109(D)(3), a person who knowingly makes a false declaration can also be held in contempt of court.

Affidavits must be sworn

MCR 1.109(D)(1)(f) states that an affidavit must be verified by oath or affirmation. That is why SCAO forms titled as affidavits carry a “subscribed and sworn to before me” block for a deputy clerk or notary, such as MC 416, UCCJEA Affidavit and FOC 137, Affidavit for Ex Parte Motion Regarding Custody or Parenting Time (Rev. 4/26).

What an affidavit supporting a motion must contain

If you file an affidavit in support of, or in opposition to, a motion, MCR 2.119(B)(1) requires that it:

• be made on personal knowledge;
• state with particularity facts admissible as evidence that establish or deny the grounds of the motion; and
• show that you could testify competently to those facts if you were sworn as a witness.

Under MCR 2.119(B)(2), sworn or certified copies of documents the affidavit refers to must be attached, unless they are already in the court file, are public records in the county, or are in the other party’s possession and you say so.

When family cases call for a sworn or verified filing

• Ex parte orders. The court can enter one only on specific facts in an affidavit or verified pleading showing irreparable injury from the delay of notice, or that notice itself would cause adverse action (MCR 3.207(B)(1)). Custody and parenting time requests must also address the established custodial environment.
• Temporary orders. A request for a temporary order during a case is made by a verified motion that sets out facts sufficient to support the relief (MCR 3.207(C)(1)).
• Financial disclosure. The FOC 23, Verified Statement and CC 320, Domestic Relations Verified Financial Information Form are verified forms (MCR 3.206(C)).
• Setting aside a default. Except for jurisdiction grounds, this requires a verified motion showing good cause (MCR 3.210(B)(3)).
• Alternate service. A request to serve in another manner must be a verified motion dated not more than 14 days before filing (MCR 2.105(J)(2)).

Writing it well

Courts and Friend of the Court staff read many of these. A few habits help yours be understood:

• Use numbered paragraphs, one fact or event per paragraph, in date order.
• Say what you saw or heard yourself. Something another person told you is generally hearsay and may not be admissible.
• Connect facts to the legal question: for a custody change, the proper cause or change of circumstances, and the best interest factors in MCL 722.23.
• Leave out characterizations of the other parent. Dates, places, what was said, and what happened carry more weight.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• MCR 1.109(D), verification and affidavits (Chapter 1)
• MCR 2.105(J), 2.119(B) (Chapter 2)
• MCR 3.206(C), 3.207, 3.210(B) (Chapter 3)
• SCAO FOC 137, Affidavit for Ex Parte Motion