¶1(dissenting). This is a divorce case. At the close of plaintiff’s proofs, defendant was denied an opportunity to testify upon objection by plaintiff asserting that defendant was not entitled to offer proofs since he had failed to pay plaintiff’s attorney fees as required by § 6.01(e) of the court rules of Michigan’s 28th Judicial Circuit (Wexford County). The court sustained the objection and refused to allow a continuance to defendant to afford him an opportunity to comply with the attorney fees order.
¶2Defendant claims this resulted in a due process violation, he was denied his day in court, and this denial of his request for a continuance resulted in a reversible abuse of discretion.
¶3The local court rules became effective January 1, 1963. The rule in question provides:
"No testimony shall be taken in such matters, except by leave of the court, until the attorneys have certified that attorney fees are paid.”
¶4This local court rule was in effect and could be applied by the trial court. Del Prado Motel v Rogers, 14 Mich App 728, 732; 165 NW2d 921 (1968). We find no error.
¶5I would affirm and award costs to plaintiff.