Michigan Compiled Laws

Mich. Comp. Laws § 710.64 (2026)

Rehearing; modifying or setting aside order; entering order with respect to original hearing or rehearing of contested matters.

✓ current as of July 2026

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PROBATE CODE OF 1939

Act 288 of 1939

710.64 Rehearing; modifying or setting aside order; entering order with respect to original hearing or rehearing of contested matters.

Sec. 64.

(1) Upon the filing of a petition in court within 21 days after entry of any order under this chapter, and after due notice to all interested parties, the judge may grant a rehearing and may modify or set aside the order.

(2) The court shall enter an order with respect to the original hearing or rehearing of contested matters within 21 days after the termination of the hearing or rehearing.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1994, Act 244, Eff. July 5, 1994 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998

PopularName Notes:

Probate Code

Notes of Decisions

Cited in 20 cases, 1977–2019 · leading case: In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985).

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In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985). · cites it 8× “" MCL 710.64; MSA 27.3178(555.64). The probate judge found that petitioner had filed his request for rehearing within 20 days as required by the statute, but the judge noted that the adoption statute does not spell out under what circumstances a court shoud modify its previous…”

In Re Baby Girl Fletcher, 256 N.W.2d 444 (Mich. Ct. App. 1977). · cites it 4× “29)(9), and did not abuse the discretion *221 granted it under MCLA 710.64(1); MSA 27.3178(555.64)(1). It is inappropriate to remand this matter to investigate the "critical issue" of whether this infant's mother was told, prior to executing the release, that she had 20 days to…”

In Re Blankenship, 418 N.W.2d 919 (Mich. Ct. App. 1988). · cites it 4× “The authority of a probate judge to set aside or modify a parent's release of parental rights is set forth in MCL 710.64(1); MSA 27.3178(555.64): Upon the filing of a petition in probate court within 20 days after entry of any order under this chapter, and after due notice to…”

In Re Hole, 301 N.W.2d 507 (Mich. Ct. App. 1980). · cites it 4× “MCL 710.64(1); MSA 27.3178(555.64)(1) would seem to indicate that the court did have jurisdiction to grant appellant's request: "Upon the filing of a petition in probate court within 20 days after entry of any order under this chapter, and after due notice to all interested…”

In Re Neagos, 439 N.W.2d 357 (Mich. Ct. App. 1989). · cites it 3× “MCL 710.64(1); MSA 27.3178(555.64)(1) governs petitions for rehearings to set aside an order entered pursuant to the Adoption Code.”

In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985). · cites it 2× “” (See MCL 710.64; MSA 27.3178[555.64] of the Adoption Code).”

In Re Jackson, 320 N.W.2d 285 (Mich. Ct. App. 1982). “Under the Michigan Adoption Code, MCL 710.64(1); MSA 27.3178(555.64X1) provides: "(1) Upon the filing of a petition in probate court within 20 days after entry of any order under this chapter, and after due notice to all interested parties, the judge may grant a reheairng and…”

In Re Burns, 599 N.W.2d 783 (Mich. Ct. App. 1999). “39) is misplaced because this case does not involve a petition to involuntarily terminate parental rights.”

In Re Curran, 493 N.W.2d 454 (Mich. Ct. App. 1992). · cites it 2× “29)(9) and MCL 710.64; MSA 27.3178(555.64) and refused to allow petitioner to revoke a prior release of her parental rights.”

In the Matter of Kozak, 285 N.W.2d 378 (Mich. Ct. App. 1979). “Defendant places much emphasis on the assumption that a termination order is irrevocable following the expiration of the 20-day period provided by MCL 710.64; MSA 27.3178(555.64). This same issue was raised in In re MacLoughlin, 82 Mich App 301 ; 266 NW2d 800 (1978), wherein…”

In the Matter of Myers, 345 N.W.2d 663 (Mich. Ct. App. 1983). “” MCL 710.64(1); MSA 27.3178(555.64)(1) provides: "Upon the filing of a petition in probate court within 20 days after entry of any order under this chapter, and after due notice to all interested parties, the judge of probate may grant a rehearing and may modify or set aside…”

Hindman v. Bischoff, 534 So. 2d 743 (Fla. 2d DCA 1988). “§ 74-404 (10 days); Mich. Comp. Laws Ann. § 710.64 (1) (West 1979) (20 days); Ill.”

Show all 20 citing cases →

— Mich. Comp. Laws § 710.64(1) — 12 cases

In Re Baby Girl Fletcher, 256 N.W.2d 444 (Mich. Ct. App. 1977). “29)(9), and did not abuse the discretion *221 granted it under MCLA 710.64(1); MSA 27.3178(555.64)(1). It is inappropriate to remand this matter to investigate the "critical issue" of whether this infant's mother was told, prior to executing the release, that she had 20 days to…”

In Re Blankenship, 418 N.W.2d 919 (Mich. Ct. App. 1988). “The authority of a probate judge to set aside or modify a parent's release of parental rights is set forth in MCL 710.64(1); MSA 27.3178(555.64): Upon the filing of a petition in probate court within 20 days after entry of any order under this chapter, and after due notice to…”

In Re Hole, 301 N.W.2d 507 (Mich. Ct. App. 1980). “MCL 710.64(1); MSA 27.3178(555.64)(1) would seem to indicate that the court did have jurisdiction to grant appellant's request: "Upon the filing of a petition in probate court within 20 days after entry of any order under this chapter, and after due notice to all interested…”

In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985). “" MCL 710.64; MSA 27.3178(555.64). The probate judge found that petitioner had filed his request for rehearing within 20 days as required by the statute, but the judge noted that the adoption statute does not spell out under what circumstances a court shoud modify its previous…”

In Re Neagos, 439 N.W.2d 357 (Mich. Ct. App. 1989). “MCL 710.64(1); MSA 27.3178(555.64)(1) governs petitions for rehearings to set aside an order entered pursuant to the Adoption Code.”

— Mich. Comp. Laws § 710.64(A) — 1 case

in Re Kjs Minor (Mich. Ct. App. 2016).

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