Filed by Conrad · Case 26-104594-DO

39 Motion Appoint GAL For Plaintiff 2026-07-02

Rockenhaus v. Rockenhaus (Divorce) · Wayne County Circuit Court (Third Judicial Circuit), Hon. Nicole N. Goodson · Filed 2026-07-02

Canonical record: rockenhaus.net. Disputed domains are indexed at /disputed-domains/ (not authoritative).

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STATE OF MICHIGAN

IN THE THIRD JUDICIAL CIRCUIT FOR THE COUNTY OF WAYNE
FAMILY DIVISION, DOMESTIC RELATIONS

ADRIENNE MARJORIE ROCKENHAUS, Case No. 26-104594-DO
Plaintiff,
Hon. Nicole N. Goodson
v.

CONRAD ALAN ROCKENHAUS,
Defendant.

DEFENDANT'S MOTION TO INQUIRE INTO PLAINTIFF'S CAPACITY AND TO
APPOINT A GUARDIAN AD LITEM FOR PLAINTIFF

NOW COMES Defendant, Conrad Alan Rockenhaus, appearing pro se, and respectfully moves this
Honorable Court, pursuant to MCR 2.201(E) and the Court's inherent authority to protect litigants who may
lack the capacity to participate in proceedings before it, to inquire into Plaintiff's present capacity and, if
warranted, to appoint a guardian ad litem (or next friend, as the Court deems appropriate to Plaintiff's
posture) to represent Plaintiff before this Court enters any dispositive relief. In support, Defendant states:

I. NATURE OF THE MOTION
1. Defendant seeks no tactical advantage by this motion and takes no position, in this motion, on Plaintiff's
culpability for any conduct at issue in this or any other matter.
2. Defendant raises a single, narrow concern: that Plaintiff appears to be presently unrepresented and may
lack the capacity to understand and participate in these proceedings, and that basic due process and
MCR 2.201(E) counsel the appointment of a representative for Plaintiff before the Court enters any
default judgment or other dispositive order against her.
3. Defendant brings this motion so that whatever this Court ultimately decides is procedurally sound and
not subject to later challenge on the ground that Plaintiff was an unrepresented person who lacked
capacity when relief was entered.

II. BACKGROUND RELEVANT TO CAPACITY
4. Plaintiff's counsel of record, Aldrich Legal Services, PLLC, was permitted to withdraw, with the order
entered on or about May 21, 2026. Plaintiff has been unrepresented in this matter since that time.
5. Since the withdrawal of counsel, Plaintiff has not appeared in or defended this matter, and a default has
been entered against her.
6. Plaintiff has departed her address of record at 26695 Ross Drive, Redford, Michigan, and her present
physical whereabouts are unknown to Defendant, as reflected in the record of this matter.
7. Without asking the Court, in this motion, to characterize the nature of that conduct, Defendant represents
in good faith that Plaintiff has engaged in a pattern of conduct outside these proceedings that raises a
bona fide question whether Plaintiff presently understands the nature of these proceedings and is able to
participate in them.
8. Taken together, the withdrawal of counsel, Plaintiff's non-appearance, her departure from her address of
record, and the foregoing conduct raise a good-faith concern regarding Plaintiff's present capacity that
the Court should resolve before entering dispositive relief.

III. LEGAL STANDARD
9. MCR 2.201(E) governs the representation of incompetent persons in civil proceedings. Where an
incompetent person who is subject to the jurisdiction of the court does not have a conservator or other
legal representative, the court is to appoint a guardian ad litem or next friend to protect that person's
interests, and the court may take up the question on motion or on its own initiative.
10. The protection exists for the benefit of the person whose capacity is in question and for the integrity of
the judgment. A judgment entered against an unrepresented person who lacked the capacity to defend is
vulnerable to later challenge; appointment of a representative before entry of relief cures that
vulnerability and protects the finality of the Cour

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About this filing

39 Motion Appoint GAL For Plaintiff 2026-07-02: filing by Conrad Alan Rockenhaus in Rockenhaus v. Rockenhaus (Divorce), Michigan Case No. 26-104594-DO, Wayne County Circuit Court. PDF and searchable text at rockenhaus.net (canonical court record). Disputed third-party domains: /disputed-domains/.