Friend of Court > For Attorneys > File Transfer Procedure

File Transfer Procedure

Transfer of a case to another county must be pursuant to MCR 3.212

  • A file cannot be transferred unless both parties have lived outside of St. Clair County for at least six months.
  • A file cannot be transferred to an adjoining county (Macomb, Lapeer or Sanilac).

The Motion/Stipulation for Transferring Case (form FOC 24 6/98) must be used for cases stipulating to a transfer AND for those without consent. A motion fee must be paid ONLY if there is no consent and a motion is filed with County Clerk requiring a referee hearing.

If there is no stipulation, a Motion to transfer MUST be filed ($20 motion fee to be paid) and a referee hearing scheduled.

TRANSFER FEES

ALL FEES MUST BE PAID PRIOR TO TRANSFER BY THE PARTY REQUESTING THE TRANSFER UNLESS OTHER ARRANGEMENTS ARE MADE. This includes service fees, shipping and transfer fee.

The transfer fee is payable to the County Clerk of the county that the case is being transferred to and funds provided to St. Clair County Clerk. If the transfer is initiated by the St. Clair County Friend of the Court, there are no transfer fees. Contact County Clerk for the exact amount of transfer.

Service fees must be paid before the file is transferred.

Once a determination is made that the case can be transferred and all Friend of Court fees are paid, a proposed Order Changing Venue and Transferring Case must be completed. The Friend of Court office must complete the Certificate of Arrearage in section one of the order.

Once the order has been signed, Friend of Court fees paid & the County Clerk’s office at the receiving county has obtained their fee (if applicable), the file will be sent.