How to Serve Court Papers in Michigan

Two kinds of service

Michigan family cases use two different service rules (MCR 3.203(A)):

• Starting a case. The summons and complaint must be served under MCR 2.105, the rule for service of process.
• Papers in an existing case, such as motions and responses, are served under MCR 2.107 unless a statute or rule says otherwise, and service by mail goes to the party’s last-known mailing address as defined in MCR 3.203(B) and (C).

Serving a summons and complaint

MCR 2.105(A) allows two methods for an individual:

1. Personal delivery of the summons and a copy of the complaint to the defendant.
2. Registered or certified mail, return receipt requested, with delivery restricted to the addressee. Service is made when the defendant acknowledges receipt, and the signed return receipt must be attached to the proof of service.

Service can be made by any legally competent adult who is not a party (MCR 2.103(A)). That means you cannot hand the papers to the other parent yourself, but another adult, a process server, or a sheriff can.

In cases with a child under 18 or a support request, the plaintiff must also serve the Friend of the Court informational pamphlet with the complaint, and the proof of service must say so (MCR 3.203(J)).

When you cannot find or reach the other parent

If service cannot reasonably be made by those methods, the court can order another method reasonably calculated to give actual notice (MCR 2.105(J)(1)). The request must be a verified motion, dated not more than 14 days before it is filed, explaining why normal service failed and stating the defendant’s last known address, or the diligent inquiry you made to find it (MCR 2.105(J)(2)). You cannot use the alternate method until the order is entered (MCR 2.105(J)(3)).

If you were served: answer deadlines

• 21 days after being served personally in Michigan (MCR 2.108(A)(1)).
• 28 days if you were served outside Michigan or by mail under MCR 2.105(A)(2) (MCR 2.108(A)(2)).

If no answer is filed, the other party can request a default. A default cannot be set aside, except for jurisdiction, without a verified motion showing good cause (MCR 3.210(B)(3)). A judgment of divorce is not entered as a matter of course on default; the case must still be heard in open court on proofs (MCR 3.210(B)(5)(a)).

Serving motions in an existing case

The SCAO motion forms (FOC 87, FOC 65, FOC 50, FOC 115) include a certificate of mailing for service by first-class mail to the last-known address as defined in MCR 3.203. Unless the court sets a different time, MCR 2.119(C) requires:

• The motion and notice of hearing: at least 9 days before the hearing if mailed by first-class mail, or 7 days if delivered.
• A response: at least 5 days before the hearing if mailed, or 3 days if delivered.

The last-known address is generally the most recent address the party gave the Friend of the Court in writing or the one in the most recent order (MCR 3.203(B)). Where e-filing is not in place, the FOC copy of each filing is marked “friend of the court” and given to the clerk (MCR 3.203(G)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• MCR 2.102, 2.103, 2.105, 2.107, 2.108, 2.119 (Chapter 2)
• MCR 1.108, computation of time (Chapter 1)
• MCR 3.203, 3.210 (Chapter 3)