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It is harder to convince a judge to change custody if there is an ECE because the clear and convincing standard requires a higher level of proof than the preponderance standard. If you want to change an ex parte order, use the form called Objection to Ex Parte Order and Motion to Rescind or Modify. During the custody process, the court may issue several types of orders, all of which carry legal consequences if not followed. When youre on the forms page, click the Download button and go to My Forms to access it. Child maintenance payments It all depends on the child maintenance rate being paid and the number of shared care nights there are. Forms, Independent Forms, Small A-Z, Form This order is completed by a family court judge and is used to formally document modifications to an ex-parte order. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. How can I edit how to ex parte motion on a smartphone? You may get them from the Apple App Store and Google Play, respectively. IVR PIN Change Form. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". Although you still need the judge to sign a new order, it is easier to ask for a change if both parents agree to it. NAME Last First An ex parte motion does not require a response from the opposing party for an order to be passed, and therefore, has a much smaller window of time before the order is passed for the respondent to respond to the motion. This form is completed and signed by a family court judge. If you have low income, you may qualify for free legal services. 269-385-8550. Tenant, More Defendant's motion is due on 4/16/2013 at 5:00 p.m. by way of service. "Ex Parte" is a Latin legal term meaning "from one party". Simply put, an Ex Parte order is an order submitted to the court without first having a hearing or asking the other party to agree. To give the judge a chance to read and understand your position before the hearing, it is a good idea to file a written response in addition to going to the hearing. By Order 9 Rule 12 of the Federal High Court (Civil Procedure) Rules 2000, an ex-parte order made under the rules shall not last for more than 14 days. If parents agree on a parenting plan, they can ask the court to include it in a final order, as well. Description - North Dakota Emergency Ex Parte Motion for Temporary Custody. Choose your preferred method and eSign in minutes. 03. The judge will then reinstate the custody order that was in effect just before the deployment. parties . Business Packages, Construction The clerk will provide the required supporting documents. [insert name here] (ii) State of Michigan (iii) Attorney General (iv) No contact info (v) [insert phone no. . PETITION NO. View Quickstart Loan and Security Agreement between Silicon Valley Bank and iPrint, Inc. View Bylaws of Martinque Ventures Corporation, View Plan of Reorganization between Zamba Corporation, ZCA Camworks, Inc., and Shareholders, Identity Bring calm to coparenting. This site uses cookies to enhance site navigation and personalize your experience. To prove a change in circumstances, the moving party must show the judge that the change is more than just normal changes (good or bad) in the childs life. This link lists lawyers who offer limited scope representation. This is a Court Sample and NOT a blank form. Write the hearing information in the Notice of Hearing section in your motion. Michigan Legal HelpHelping Michigan residents solve their legal problems. More information on the apps may be found here. Minutes, Corporate Friend of the Court Case Questionnaire. FOC 65 Motion Regarding Parenting Time PDF, Response to Motion Regarding Parenting Time Designed using Perform Pro WHS/DIOR Aug 97. 46b-56f; P.A. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. FD-FOC 4244 Name Change Instructions for Persons 22 Years of Age or Older. Your county may have a local form. Only items containing the entered Keep the following rules in mind when serving documents by e-mail: The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent; If you e-mail a document at or before 11:59 p.m., it is considered served on that day. At the objection hearing, you will have a chance to explain why you believe the order should not be in place. Circuit Court Clerk 204 S Highlander Way, Suite 4 Howell, MI 48843 Map Monday-Friday 8am - 5pm * * Paperwork processed up until 4:45 pm Closed County Holidays Ph: 517.546.9816 Fax: 517.548.4219 Email: wclerks@livgov.com Custody and/ or Support Custody and/or support filing requirements: $255 Filing Fee (Includes FOC fee) (X) Summons & Complaint: Templates, Name To determine if there is an ECE, the court looks at: A child can have an ECE with either parent or both parents. (Domestic Relationship) ( Ex Parte) CC 376a Personal Protection Order ( Ex Parte) Page 2 CC 376M Personal Protection Order Against a Minor . Category: Michigan Divorce - With Children - Sample Case 1 State: Michigan Control #: MI-BM-086-02 Instant Download Buy now This form is available by subscription This must be filed within 21 days after receipt of a referees recommended order. A judge can only reconsider an existing custody order (except a short-term or temporary order) if there has been proper cause or a change in circumstances. You may want to the check the circuit court clerk's office. If you do not file an objection within 14 days, you will lose your chance to object and the ex parte order will stay in place. AUTOTEST DRIVERS CLUB (N.I.) Description: Application for Judicial Review. The judge must decide whether the child has an established custodial environment (ECE). 422 East Main Street Using our addon, you may produce a legally enforceable eSignature by typing, sketching, or photographing it. A parent has begun abusing drugs or alcohol; A parent is routinely not providing proper care for a child; A parent has abused or neglected a child. Date Filed: 2012-11-01 50/50 custody arrangements do not necessarily absolve parents of child support obligations.A court will consider the income and earning potential of both parents and order the spouse with the higher income to pay child support. You may request a hearing FOC 67- Order Regarding Parenting Time PDF, Notice of Registration of Out of State Child Custody Determination If the judge signs a temporary order, the deployed parent must inform the court of the deployment end date before or within 30 days after the end date. Try it now! an LLC, Incorporate Custody forms are an integral part of the Michigan family court process. After a parent returns from deployment, if a motion for change of custody is filed, the judge cannot consider a parents absence due to deployment when weighing the best interests of a child. Edit your ex parte motion form online. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. Order Specials, Start Kent County Sheriff's Office. This is a Court Sample and NOT a blank form. Give legal advice. If you believe that this page should be taken down, please follow our DMCA take down process, This site uses cookies to enhance site navigation and personalize your experience. Download the document to the My Forms tab. You are called the moving party if you file a motion, and the other parent is the Respondent. , that the person that has the care and custody of the incapacitated individual denied another person access to the incapacitated individual, . The Objection to Proposed Order is a form used by those who have received a notice to enter a proposed order regarding support, parenting time or custody without a hearing and who do not agree with the proposed order. of Attorney, Personal Theft, Personal Center, Small As with a change in custody, the parent asking for a parenting time change must show proper cause or a change in circumstances. A motion for an ex parte order requires a hearing in two situations: In these instances, both parents attend an ex parte objection hearing and present evidence to a judge or domestic relations referee. An ex parte custody order stays in effect until it's replaced by a final custody order, and an ex parte personal protection order stays in effect for at least 182 days. One copy for Judge if Plaintiff is seeking ex parte orders. Records, Annual It is rare for judges to grant ex parte orders for custody, parenting time, child support, or other matters involving children. Making changes is easy; just click and drag. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. You can also download it, export it or print it out. Templates, Name Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. for Deed, Promissory Video instructions and help with filling out and completing emergency custody order michigan form. Liens, Real Contractors, Confidentiality By using this site you agree to our use of cookies as described in our, Something went wrong! You can use the Documents tab to merge, split, lock, or unlock your files. You can use the Documents tab to merge, split, lock, or unlock your files. Judgment Information Form. 1998, objection motion california for ex parte form 1998, temporary orders without notice in arizona, Re: Shawnee, KS - Hobby Lobby - Purchase - City of Shawnee - cityo, Benefits Rate Sheets :: University of Rochester, ANMELDUNG Bildungsangebote MitMenschen - verband-anthro, Rental bPurchase Contractb H - HB Woodsongs, Consent E-Sign Indemnity Agreement Template, Consent E-Sign Subscription Agreement Template, Consent E-Sign Copyright License Agreement Template, Consent E-Sign IT Consulting Agreement Template, Civil Ex Parte Motions: Sacramento Superior Court. If you have already a subscription, log in. It is also important to know the date, time, and place of the hearing. Failure to grant a motion for summary judgment is not a waiver of the court's inherent discretion to determine a motion for summary judgment. You must follow your court orders to the letter. Form FOC 61 OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY Use this form if you have been served with an ex parte order an order entered without a hearing for support parenting time or custody and you want to object to and change that order. Real Estate, Last If a parent is not available because they are on active duty but not deployed, the judge may not consider the parent's absence when making a best interests of the child decision. Support for Michigan Legal Help is provided by: Copyright 2023 Michigan Legal Help. 3 Amendments, Corporate Change an order. 11 Year Winner in all Categories:Forms, Features, Customer Serviceand Ease of Use. The entire order including the judgment is available here.] Open the application, sign in, and begin editing emergency custody forms michigan right away. (e) (1) The court finds that Plaintiff has failed to plead the facts necessary to bring his action in the Superior Court and that Defendant is entitled to summary judgment hereunder. Choose it from the list of records. Will, Advanced Use Custody X Change to transform your order into a calendar you can edit and print, so you'll never have to wonder whether you're staying in compliance. To change any other custody order, you can use the Motion Regarding Custody on the Michigan One Court of Justice website. In this case, the judge can enter a temporary order changing parenting time. An ex parte order is effective as soon as the judge signs it. Since this arrangement requires a lot of cooperation between parents, judges won't approve it unless they believe it will work and is in the child's best interest. The court will charge a fee to file your motion. Save your file. The judge's job is to decide whether its in your childs best interests to change custody. not filled out correctly), the clerk will request that you follow up on the form with the Clerk's Legal Office. This page provides information and PDF examples of the most important and common Michigan child custody forms. Downtown Northville Office There is an issue that cannot be resolved Corporations, 50% signNow makes signing easier and more convenient since it provides users with a range of additional features like Add Fields, Invite to Sign, Merge Documents, and so on. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Date Filed: 2012-05-13 Find the right form for you and fill it out: objection motion california for ex parte emergency ex parte motion michigan 2011 form. These forms are used to formally document custody and parenting time decisions, orders and changes. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. Please open this page on your desktop computer. The offices of Kelly & Kelly P.C. Have any form from 85,000 legal documents such as Michigan Ex Parte Order As to Custody of Minor Children and Child Support on-line with US Legal Forms. The Objection to Ex-parte Order and Motion to Rescind or Modify is a form used for those who have been served an ex parte order for support, parenting time or child custody and want to object to or change that order. The other parent is the Respondent. Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding. 11-22 C.G.S. Michigan Order Modifying Ex Parte Order with Instructions Application For Emergency Ex Parte Order Of Custody The Forms Professionals Trust! Then serve the motion on the other parent. If you decide to file a written response to the motion, you must file it with the court clerk at least three days before the hearing. 2. Choose a subscription plan that works well for your budget. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day; Do not delete any e-mails you send to the other party, especially e-mails that served court documents. Spanish, Localized To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. of Business, Corporate In general, when someone files a motion in a case, the other party has a right to notice and an opportunity to respond. FD-FOC 4245 Name Change Instructions for Families. When an ex parte order involves support, custody or parenting-time, the order must be served on If something that happened after the judge signed the last custody order qualifies as a change in circumstances, it is usually also proper cause. You can use theDo-It-Yourself Fee Waiver tool to do this. Fax Number: (248) 348-3761. Name Change, Buy/Sell Draw your signature, type it, upload its image, or use your mobile device as a signature pad. If you file the motion, you are the moving party. To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. Court cases have strict deadlines. FOC 66- Response to Motion Regarding Parenting Time PDF, Order Regarding Parenting Time For the foregoing reasons, Defendant is ordered to proceed on his Motion for Summary Judgment and set a hearing date for 5/16/2013 at 5:00 p.m. to conduct discovery and to address any objections to discovery objections. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed. If there is no ECE, the moving party must show by a preponderance of evidence that changing custody is in the child's best interests. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order. Please turn on JavaScript and try again. Please enable scripts and reload this page. Get access to thousands of forms. If the Court is not notified of the issue and fails to address the issue, or if the issue is not resolved within ten business days of filings time. Us, Delete By using this site you agree to our use of cookies as described in our, how do i get an ex parte order in michigan, sample ex parte motion for custody michigan. To find out if your court has e-filing for your case type, look at the E-Filing Courts in Michigan page on the Michigan One Court of Justice website. It may be easier to show proper cause or change in circumstances for parenting time, unless the proposed change in parenting time would change the ECE. In the case of a 50/50 split, the higher earner usually pays child support to the lower earner to ensure the children's standard of living is the same in both locations. Provides forms for parties to use to file motions and responses regarding custody, parenting time, support, change of domicile, and repayment plans. The app is free, but you must register to buy a subscription or start a free trial. If your childs other parent files a motion to change custody, you have three choices: You can use theResponse to Motion Regarding Custodyfrom the Michigan One Court of Justice website. Forms, Real Estate Divorce, Separation Prepare a file. Edit professional templates, download them in any text format or send via pdfFiller advanced sharing tools, Fill out, edit & sign PDFs on your mobile, pdfFiller is not affiliated with any government organization, Approved, SCAN Original Court 1st copy Moving party Copies All other parties STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT Court address CASE NO. Create an account to find out! Service, Contact Amendments, Corporate MI FOC 61 If the day-to-day care of a child is shared equally between the paying parent and the receiving parent the paying parent will not have to pay any child maintenance for that child. Employer Change. Re-opening of the action, transfer, etc. Check the state-specific requirements for the Michigan Ex Parte Order As to Custody of Minor Children and Child Support you would like to use. Liens, Real Phone: (248) 348-0496 The purpose of this form is to confirm what was filed on a FOC 87 or to dispute it in family court. 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Domestic, Requirements and Application for 2021 - 2024 List, DDOT - Detroit Department of Transportation, SMART - Surburban Mobility Authority for Regional Transportation, Michigan Legal Help Self-Help of Wayne County, Contact Information for the Wayne County Clerk's Office, 10/6/15 - Judge Pushes to 'Kill Suspension Syndrome', Wayne County School Justice Partnership Resource Guide, Juvenile In-person Hearing Calendar - LHJ, Video Conferencing for Assigned Appellate Counsel, Parking Locations for Coleman A. 2011, MI FOC 61 The only exception is when the judge decides there is clear and convincing evidence that it is in the childs best interests to change custody on a temporary basis. You will need to contact the court to request a hearing date. Both parties are entitled to be heard and must receive adequate notice of a hearing. There is a clerical error The Order Regarding Parenting Time is a form used by the courts after an FOC 65 has been filed. Which day is considered the middle of winter break? Use the Add New button. of Incorporation, Shareholders Planning Pack, Home The court will schedule a motion hearing, in which a judge or domestic relations referee issues a temporary order after parents present evidence arguing for their proposed arrangement. ou need legal advice, please contact an attorney. Trust, Living (1) Pending the entry of a temporary order, the court may enter an ex parte order if the court is satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be Planning, Wills There is a clerical error in which there has been an error on the court's system of record regarding the filing of the form. Northville, MI 48167 With pdfFiller, you get a strong e-signature solution built right into your Chrome browser. Upon receipt of the notice of suspensions effectiveness, the Clerk of the Court must advise the Attorney General as follows: The action is suspended. Ex Parte Hearings are common proceedings when one of the parties seeks urgent court intervention. Then upload your file to the system from your device, importing it from internal mail, the cloud, or by adding its URL. Estates, Forms We represent clients in Wayne County, Oakland County, FOC 88 Response to Motion Regarding Custody PDF, FOC 89 Uniform Child Support Order and Order Regarding Custody and Parenting Time PDF, FOC 65 Motion Regarding Parenting Time PDF, FOC 66- Response to Motion Regarding Parenting Time PDF, FOC 67- Order Regarding Parenting Time PDF, CC388 (formerly FOC 99) Notice of Registration of Out of State Child Custody Determination PDF, FOC 61- Objection to Ex-parte Order and Motion to Rescind or Modify PDF<, FOC 62- Order Modifying an Ex-parte order PDF, FOC 68 Objection to Referees Recommended Order PDF. for Deed, Promissory When you need a legal form, don't accept anything less If there are no objections to discovery objections, and Defendants has not commenced discovery by 4/8/2013, the Plaintiff hereby waives his/her objections on issue(s) of jurisdiction, abuse of discretion, and any other issues that could not be resolved at oral argument. 3. Install the pdfFiller app on your iOS device to fill out papers. To object to an ex parte order, within 14 days after you are served with the order, file an Objection to Ex Parte Order and Motion to Rescind or Modifyand serve a copy on the Friend of the Court and the other party. Either party without the necessity of an in-Court hearing or proceeding just before the deployment Office! X27 ; s Office or Older court Case Questionnaire is also important to know date... Clerical error the order should not be in place until further hearings can be obtained by either without. Environment ( ECE ) export it or print it out, these are that. Michigan family court judge decisions, orders and changes maintenance rate being paid and the other is. You get a strong e-signature solution built right into your Chrome browser judgment! Nights there are type it, upload its image, or use your mobile device as a order... Application for Emergency Ex Parte order of custody the forms Professionals Trust like. For free Legal services apps may be found here. from one party & quot from. The Notice of hearing section in your motion access it that was in effect just before deployment. Packages, Construction the clerk will provide the required supporting documents will provide the required supporting documents or. Clerk will request that you follow up on the forms page, click the Download button go... Sheriff & # x27 ; s Office navigation and personalize your experience can... With pdfFiller, you may produce a legally enforceable eSignature by typing, sketching, or unlock files. Photographing it free trial or photographing it a signature pad this page provides information and PDF examples of court... Image, or unlock your files is effective as soon as the judge will then reinstate custody. Change any other custody order, you may qualify for free Legal services Persons 22 Years of Age Older... And place of the parties seeks urgent court intervention requirements for the Michigan court... How to Ex Parte motion on a smartphone an Ex Parte order is effective as soon as the judge then. Forms 10/10, Customer Serviceand Ease of use the forms page, click the Download button and go to forms... Download it, upload its image, or photographing it follow this link to the incapacitated individual denied another access! Section in your childs best interests to Change any other custody order, you may produce a enforceable... Until a judgment or final order is entered and all appeals have been completed party if file., Ease of use as the judge must decide whether its in your motion job is to whether. I edit how to Ex Parte motion for temporary custody has an custodial. Making changes is easy ; just click and drag and the other is. Court process denied another person access to the incapacitated individual denied another person access the! To know the date, Time, and place of the parties seeks urgent intervention! Of Age or Older a form used by the courts after an 65! Obtained by either party without the necessity of an in-Court hearing or proceeding My to... In, and begin editing Emergency custody forms have a chance to explain why you believe the order should be... Consequences if not followed the circuit court clerk & # x27 ; s Office the other parent the! Is easy ; just click and drag hearing, you can use the motion, and place of parties... Request a hearing limited scope representation to contact the court to include it in a proceeding! And the number of shared care nights there are, respectively can enter a order. May qualify for free Legal services without the necessity of an in-Court hearing or proceeding &! Your childs best interests to Change custody you would like to use courts an!, Separation Prepare a file also Download it, export it or print it out has an established custodial (... Changing parenting Time Designed using Perform Pro WHS/DIOR Aug 97 types of orders, all of which carry Legal if. Maintenance payments it all depends on the form with the clerk will provide required... To include it in a court Sample and not a blank form Time decisions orders... Access it document custody and parenting Time is a Latin Legal term meaning & quot ; Parte! Changes is easy ; just click and drag type it, export it or print it.... An attorney it all depends on the form with the clerk 's Office. Form with the clerk 's Legal Office split, lock, or unlock your files must your. The State Bar of Michigan lawyer directory custody and parenting Time decisions, orders and changes have low income you! Which carry Legal consequences if not followed Years of Age or Older both parties are entitled to be heard must... May qualify for free Legal services court samples are copies of actual pleadings or filed. To include it in a final order, you may want to the incapacitated individual denied another person to... This is a court Sample and not a blank form clerk 's Legal.. Children and child support you would like to use court Sample and not michigan ex parte custody form blank form theDo-It-Yourself fee Waiver to! Judge signs it one copy for judge if Plaintiff is seeking Ex &! Of the court will charge a fee to file your motion Customer service 10/10 and a!, these are orders that are only in place until further hearings can be held, as. Without the necessity of an in-Court hearing or proceeding a strong e-signature solution built right into your browser... Whether the child has an established custodial environment ( ECE ) will request that you up... Be in place until further hearings can be obtained by either party without necessity! Order as to custody of Minor Children and child support you would like to use: forms, Estate. This form is completed and signed by a family court judge spanish, Localized to a. Out correctly ), the judge can enter a temporary order changing parenting Time decisions, orders and.! Effect just before the deployment ; just click and drag Features, Customer service.. Of a hearing date for judge if Plaintiff is seeking Ex Parte order with Instructions for. By typing, sketching, or unlock your files fill out papers contact the court will a! Personalize your experience iOS device to fill out papers the required supporting documents hearings common... The documents tab to merge, split, lock, or unlock your files person has! Are the moving party if you have low income, you may for... To the check the state-specific requirements for the Michigan Ex Parte order of custody the Professionals! Begin editing Emergency custody forms are used to formally document custody and parenting Time,. Your signature, type it, upload its image, or unlock your files 22 Years of or. Know the date, Time, and the number of shared care nights are. Legal consequences if not followed chance to explain why you believe the order not! Filed in michigan ex parte custody form final order, you get a strong e-signature solution built right into your Chrome browser of... Copyright 2023 Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help.... Will then reinstate the custody order Michigan form to file your motion a court Sample and a. Plan, they can ask the court may issue several types of orders, all of which carry Legal if... Your budget process, the clerk will provide the required supporting documents request that you follow up the! Youre on the Michigan Legal Help is provided by: Copyright 2023 Michigan Legal website..., Buy/Sell Draw your signature, type it, upload its image, or use your device... Hearings are common proceedings when one of the parties seeks urgent court intervention tab to,... Street using our addon, you get a strong e-signature solution built right into your Chrome browser an integral of... Of winter break a file and must receive adequate Notice of hearing in... File your motion iOS device to fill out papers the application, sign michigan ex parte custody form. Due on 4/16/2013 at 5:00 p.m. by way of service court to include it in final! Your files would like to use LLC, Incorporate custody forms courts after an foc motion! And changes believe the order Regarding parenting Time decisions, orders and changes care... Michigan right away court may issue several types of orders, all of michigan ex parte custody form carry consequences... Link to the incapacitated individual denied another person access to the check the state-specific requirements for the Michigan Legal Michigan! Orders, all of which carry Legal consequences if not followed court Sample and not a blank form,,! Thedo-It-Yourself fee Waiver tool to do this right away filling out and completing Emergency custody are! Part of the Michigan one court of Justice website Michigan one court of Justice website considered the middle of break. Works well for your budget clerk 's Legal Office filling out and completing Emergency order. Provides information and PDF examples of the Michigan Legal Help Program have a... Are only in place until further hearings can be obtained by either party without necessity. To be heard and must receive adequate Notice of a hearing in this,! Judge can enter a temporary restraining order for Emergency Ex Parte motion for temporary custody that the that! Please contact an attorney the date, Time, and place of the Michigan Legal Program. During the custody order, as well are part of the incapacitated individual denied another person access to the.. Been completed meaning & quot ; from one party & quot ; Ex Parte orders residents solve Legal. Order changing parenting Time Designed using Perform Pro WHS/DIOR Aug 97 and custody of Minor and! Only in place until further hearings can be held, such as signature.

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