Rule 2.004.Incarcerated Parties

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.004 requires courts to give an incarcerated parent formal notice and a telephone or video hearing before ruling on custody, guardianship, neglect, foster-care, or parental-rights matters involving a minor child, and generally bars the court from granting relief until that opportunity has been provided.

Full Text of Rule 2.004

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G)

(A) This subrule applies to

(1) domestic relations actions involving minor children, and

(2) other actions involving the custody, guardianship, neglect, or foster-care placement of minor children, or the termination of parental rights, in which a party is incarcerated under the jurisdiction of the Department of Corrections.

(B) The party seeking an order regarding a minor child shall

(1) contact the department to confirm the incarceration and the incarcerated party’s prison number and location;

(2) serve the incarcerated person with the petition or motion seeking an order regarding the minor child, and file proof with the court that the papers were served; and

(3) file with the court the petition or motion seeking an order regarding the minor child, stating that a party is incarcerated and providing the party’s prison number and location; the caption of the petition or motion shall state that a telephonic or video hearing is required by this rule.

(C) When all the requirements of subrule (B) have been accomplished to the court’s satisfaction, the court shall issue an order requesting the department, or the facility where the party is located if it is not a department facility, to allow that party to participate with the court or its designee by way of a noncollect and unmonitored telephone call or by videoconferencing technology in a hearing or conference, including a friend of the court adjudicative hearing or meeting. The order shall include the date and time for the hearing or conference, and the prisoner’s name and prison identification number, and shall be served at least 7 days before the hearing or conference by the court upon the parties and the warden or supervisor of the facility where the incarcerated party resides. The initial telephone call or videoconference shall be conducted in accordance with subrule (E). If the prisoner indicates an interest in participating in subsequent proceedings following an initial telephone call or videoconference pursuant to subrule (E), the court shall issue an order in accordance with this subrule for each subsequent hearing or conference.

(D) All court documents or correspondence mailed to the incarcerated party concerning any matter covered by this rule shall include the name and the prison number of the incarcerated party on the envelope.

(E) The purpose of the initial telephone call or videoconference with the incarcerated party, as described in subrule (C), is to determine

(1) whether the incarcerated party has received adequate notice of the proceedings and has had an opportunity to respond and to participate,

(2) whether counsel is necessary in matters allowing for the appointment of counsel to assure that the incarcerated party's access to the court is protected,

(3) whether the incarcerated party is capable of self-representation, if that is the party’s choice,

(4) how the incarcerated party can communicate with the court or the friend of the court during the pendency of the action, and whether the party needs special assistance for such communication, including participation by way of additional telephone calls or videoconferencing technology as permitted by the Michigan Court Rules, and

(5) the scheduling and nature of future proceedings, to the extent practicable, and the manner in which the incarcerated party may participate.

(F) A court may not grant the relief requested by the moving party concerning the minor child if the incarcerated party has not been offered the opportunity to participate in the proceedings, as described in this rule. This provision shall not apply if the incarcerated party actually does participate in a telephone call or video conference, or if the court determines that immediate action is necessary on a temporary basis to protect the minor child.

(G) The court may impose sanctions if it finds that an attempt was made to keep information about the case from an incarcerated party in order to deny that party access to the courts.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Rule 2.004 protects an incarcerated parent's stake in decisions about their own child. It applies to domestic relations cases and other proceedings involving custody, guardianship, neglect, foster-care placement, or the termination of parental rights, whenever a party is in the custody of the Michigan Department of Corrections. Whoever asks the court for an order about the child must first confirm the incarcerated person's location and prisoner number with the department, serve that person with the petition or motion, and flag the filing itself — right in its caption — as one requiring a telephonic or video hearing under this rule.

Once that is done, the court must order the department or facility to make the incarcerated parent available by an unmonitored phone call or videoconference for a hearing or conference, with at least seven days' notice to the parties and the facility. That first conference exists to check the basics: whether the incarcerated parent got real notice and a chance to respond, whether they need appointed counsel, whether they can represent themselves, how they will stay in touch with the court going forward, and what is coming next in the case. Every piece of mail sent to that parent about the case must carry their name and prison number on the envelope.

The stakes for skipping this process are real: a court generally cannot grant the relief being sought unless the incarcerated parent was given this opportunity to participate, though that bar falls away if the parent did participate anyway or if the court finds that immediate, temporary action is needed to protect the child. A court can also sanction anyone who tries to hide the case from an incarcerated parent to shut them out of it.

Frequently Asked Questions

Does Rule 2.004 apply to every case involving a prisoner?

No. It applies only to domestic relations cases and other proceedings about a minor child's custody, guardianship, neglect, foster-care placement, or the termination of parental rights, where a party is incarcerated under the Department of Corrections.

What happens if the court skips the notice conference for an incarcerated parent?

The court generally cannot grant the relief requested about the child unless the incarcerated parent was given the chance to participate, unless that parent participated anyway or the court finds immediate, temporary action is needed to protect the child.

How is the incarcerated parent supposed to appear for the hearing?

The court orders the department or facility holding that parent to arrange participation by an unmonitored, non-collect telephone call or by videoconference for the required hearing or conference.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.004). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: incarcerated parent custody caseprisoner parental rights hearingnotice conference incarcerated partytelephonic hearing prisoner custody