Legal Question in Criminal Law in Michigan
I'am doing a expungement of a criminal case for myself and was a given a praecipe form. I do not understand the praecipe and do not know what to put on it. If I could get help in doing this would be greatly appreciated.
2 Answers from Attorneys
A praecipe is essentially a request for a motion to be filed with the court with all the necessary information-- party names, addresses of the court, type of information, who the judge is, contact information, etc. Some counties also require that you seek the concurrence of the opposing party or attempt to before you file it. If this is not filled out and/or filed correctly, your motion to set aside the conviction will not be put on the docket, It's extremely important that it's done correctly. That's why I strongly advise you to retain an attorney to make sure everything is done correctly. If your expungement is denied, you cannot request again for another three years. At the very least, consider hiring a lawyer to help you fill out the praecipe correctly.
You will find it difficult to correctly navigate the court system, the Michigan Court Rules and the Michigan Rules of Evidence. I advise you to hire an experienced attorney that knows how to complete your application process correctly.
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