Cass County Courts De Novo Review Protocols for Family Cases 2025

1. The Cass County Courts incorporate by reference the Cass County Courts Updated Family Court Plan (FCP) for the 43rd Circuit Court-Family Division signed 7/22/25 and approved by the State Court Administrative Office on 7/29/25.
2. The Cass County Courts take judicial notice of MCL 552.507, attached on page 3.
3. The Cass County Courts takes judicial notice of MCR 3.215(E)(4)-(8), attached on page 4.
4. The Cass County Courts adopt the protocols herein for De Novo Hearings for efficiency and uniformity as well as to provide advance notice of the process utilized by the Courts for conducting de novo reviews.
5. Requests for de novo review must be made within the 21-day timeframes set forth in MCL 552.507 and MCR 3.215(E); otherwise, they will be summarily denied by the Court Administrator.
6. Upon timely and proper filing of a request for de novo review, the Court shall schedule a preliminary de novo hearing to be held within 21 days to:
   1. Have the parties appear and determine if good cause exists to adjourn the de novo hearing:
      1. to allow for time to prepare transcripts, if transcripts are to be utilized, as well as consider apportionment of the costs of transcripts, upon request of a party; or
      2. for other good cause.
   2. Hold the de novo hearing if there is no good cause to adjourn. 
7. If either party wants the Court to consider hearing testimony from other witnesses in addition to the parties, he/she/they shall make each request at the time of the request for de novo review or by no later than at the time of the preliminary de novo hearing setting forth the good cause reasons why such witnesses were not presented at the Attorney Referee hearing(s) and/or why their additional testimony at the de novo hearing is necessary and appropriate. Additionally, the anticipated length of such testimony shall be provided to the Court. 
8. Prior to the preliminary de novo hearings, either party or their counsel may order transcripts of the hearing(s) held in front of the Attorney Referee and the person ordering the transcripts shall bear the up-front costs for ordering the transcripts. The Transcript and/or DVD Request Form is available at the Court's website or by email request to courttranscripts@cassco.org.
9. The exhibits received at the Attorney Referee hearing shall be provided to the Court prior to the de novo hearing and parties/counsel shall ensure that the court has received such exhibits prior to the de novo hearing.
10. At the de novo hearing, unless the Court has ruled otherwise, the Court shall hear testimony from the parties only, along with a consideration by the Court of transcripts, if any, of testimony from the hearing(s) in front of the Attorney Referee.
11. The Court may enter additional Orders regarding the de novo hearing process in particular cases as determined just and appropriate considering the particular facts and circumstances of a particular case.
12. Questions about this protocol can be sent by email to probatecourt@cassco.org.

Issued effective this 1st day of December, 2025.

Find the fully executed version and attachments here.