Sixth Judicial Circuit Court of Michigan, Oakland County Service and Proof of Service Rules
82 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Sixth Judicial Circuit Court of Michigan, Oakland County; use the court rules overview to switch categories without leaving this court.
- Service
- Electronic service
A MiFILE user must register and be added as a case contact to receive electronic service of court-issued documents.
It is important that you register with MiFILE and that you add yourself as a “case contact” to your case to receive service. If you are not listed as a service recipient, you will not receive copies of documents that are issued by the court.
- Service
- Electronic service to opposing party
When electronic service is selected, service occurs at checkout, and MiFILE generates and files a proof of service in the court file.
If service is selected during file submission, service on the selected parties is made at the time of Checkout (at the time you submit your filings). The MiFILE system will generate a Proof of Service document that will be filed into the court file.
- Applies to
- Oie order
The plaintiff must serve the defendant with a copy of the OIE Order together with the summons and complaint.
Plaintiff is responsible for serving a copy of the OIE Order with the Summons and Complaint onto the defendant.
- Service
- Electronic service
When electronic service is selected during filing, service occurs at submission and the system generates and files a proof of service.
If Service is selected during file submission, service on the selected parties is made at the time of submission. The system will generate a Proof of Service document that will be filed into the court file.
- Applies to
- Default judgment
A proof of service must be filed when or before a default judgment is taken.
Proofs of service should be filed at the time of or before taking a Default Judgment, MCR 2.603.
- Applies to
- Motion
When a party is not connected to the e-filing system, a separate timely proof of service is required or the motion may be dismissed for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
- Service
- Email to court
Juvenile-matter adjournment requests must be emailed to both the judicial assistant and chambers.
In juvenile matters, it must be emailed to the judicial assistant and chambers (sheltonchambers@oaklandcountymi.gov)
- Applies to
- Confidential settlement agreement
- Service
- Email to opposing party
A confidential settlement agreement referenced by a judgment must be emailed to the judge for review, with opposing parties or counsel copied.
If the Judgment references a Confidential Settlement Agreement, the agreement must be submitted to the judge for her review via email to sheltonchambers@oaklandcountymi.gov. Opposing parties/counsel must be copied on this email.
- Applies to
- Default judgment notice
Notice must be given when default judgment will be requested, unless the request is made on the trial day.
You must give notice if you intend to take a Default Judgment unless judgment is requested on the day of Trial.
- Applies to
- Proof of service
- Service
- Other
Proofs of service must be filed when or before default judgment is taken.
Proofs of service should be filed at the time of or before taking a Default Judgment, MCR 2.603.
- Service
- Email to court
Chambers must be notified immediately by email when a motion is adjourned or withdrawn.
Please notify chambers immediately upon the adjournment or withdrawal of a motion by email to sheltonchambers@oaklandcountymi.gov
- Applies to
- Motion
For a party not connected to e-filing, a separate proof of service must be timely filed to avoid dismissal of the motion for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
- Applies to
- Motion and related documents
- Service
- Email to court
All motions and related documents must be emailed to niehausm@oaklandcountymi.gov with a copy to chambers.
ALL MOTIONS and any related documents must be sent to niehausm@oaklandcountymi.gov and copied to sheltonchambers@oaklandcountymi.gov.
- Applies to
- Motion for alternate service
- Service
- Personal service
A motion for alternate service must include a process-server affidavit describing specific personal-service attempts, with at least three attempts varied in time and day of week.
A process server Affidavit indicating the specific attempts at personal service (minimum of three attempts, varied in time and day of week) is required.
- Service
- Personal service
A request for an extension must document at least one attempted personal service or other sufficient attempts to accomplish service.
Must show at least one attempt of personal service or sufficient other attempts to accomplish service.
- Service
- Personal service
Personal service for alternate service requires at least three attempts varied in time and day of the week and documented by a process-server affidavit.
A process server Affidavit indicating the specific attempts at personal service (minimum of three attempts, varied in time and day of week) is required.
- Service
- Personal service
A request for a second summons must establish at least one personal-service attempt or sufficient other attempts to accomplish service.
Must show at least one attempt of personal service or sufficient other attempts to accomplish service.
- Service
- Electronic service to all parties
Court orders are served through MiFile, and the Court assumes parties receive them and will not excuse non-compliance based on failure to set up MiFile.
The Court’s orders are served on the parties through MiFile and the Court will assume that parties are receiving Court orders and will not excuse non-compliance with a Court order because an attorney or, a self-represented party, failed to set themselves up as a recipient in MiFile.
- Applies to
- Motion
- Service
Counsel must email a copy of the filed motion to Judge Cohen’s Judicial Assistant.
Counsel must email a copy of their filed motion to Judge Cohen’s Judicial Assistant, Lauren Hurst at hurstl@oakgov.com.
Parties not connected to the e-file system must timely file a separate proof of service or the motion may be dismissed for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
- Applies to
- Emergency motion
- Service
After e-filing the emergency motion, the moving party must email a copy to Carmen Lyon, Ava MacNeill, and Brian Brown at the listed addresses.
The moving party shall e-file the written motion and then email judicial staff a copy of the motion. The individuals to be emailed are identified below: o Judicial Staff Attorney, Carmen Lyon at lyonc@oakgov.com o Judicial Clerk, Ava MacNeill at macneilla@oakgov.com o Judicial Clerk, Brian Brown at brownba@oakgov.com
- Applies to
- Ppo motion
After a PPO motion is filed, the moving party is responsible for arranging service of the motion.
Upon the filing of a motion, court staff will email a notice of hearing to the moving party – the moving party is responsible for arranging service of the motion.
- Applies to
- Motion
After filing a PPO motion, the moving party is responsible for arranging service of the motion and its emailed notice of hearing.
Upon the filing of a motion, court staff will email a notice of hearing to the moving party – the moving party is responsible for arranging service of the motion.
- Applies to
- Motion
- Service
- Email to all parties
If the motion hearing date and time are not stipulated, the Zoom hearing must be scheduled seven days in advance and notice must be emailed to the other parties.
If the Motion hearing date and time is not stipulated to the Zoom hearing must be scheduled out 7 days and notice must be given to the other party(ies) via email.
- Service
If the Zoom hearing date and time are not stipulated, the hearing must be scheduled seven days out and the other parties must receive notice by email.
If the Motion hearing date and time is not stipulated to the Zoom hearing must be scheduled out 7 days and notice must be given to the other party(ies) via email.
Parties must serve the opposing party or counsel on the briefs, lists, and motions covered by the order.
The parties must file the foregoing briefs, lists, and motions by filing an original with the County Clerk’s Office, serving the opposing party/ counsel, and delivering two JUDGE’S COPIES to Chambers located at Courtroom W1 (unless the case is an e-filing case, in which case, Judge’s Copies are not required), all in accordance with the Michigan Rules of Court and the local rules of court.
- Service
- Email to all parties
Trial exhibits must be emailed to the court’s staff attorney and opposing party or attorney no later than one week before trial.
Exhibits must be submitted to the court’s staff attorney (ostrowskik@oakgov.com) and the opposing party/attorney via email no later than one week before the trial per the scheduling order.
- Applies to
- Motion
All proposed exhibits must be served on the opposing party together with the underlying motion.
All proposed exhibits must be served on the opposing party with the underlying motion.
- Service
- Email to all parties
Confidential exhibits omitted from the public file must be emailed as a complete judge’s copy to chambers and opposing counsel by noon on the Thursday before the hearing.
Any confidential exhibits omitted from the public file shall be tendered with a complete judge's copy to chambers (via email to JudgeLangtonChambers@oakgov.com) and opposing counsel no later than noon on the Thursday before the scheduled hearing date.
- Applies to
- Personal protection order
A party requesting a personal protection order must serve it under the Michigan Court Rules and file proof of service.
The party requesting the PPO must serve it in accordance with the Michigan Court Rules and file an appropriate proof of service.
The responsible party must notify the opposing party when a motion is not on the docket.
It is your responsibility to notify the opposing party that the motion is not on the docket.
A party requesting a personal protection order must serve it under the Michigan Court Rules and file an appropriate proof of service.
A party requesting a PPO must serve it in accordance with the Michigan Court Rules and file an appropriate proof of service.
Before a default-judgment hearing, the moving party must verify the county clerk’s entry of default and proper service of the clerk’s default.
Please verify entry of default by the county clerk and that you properly served the clerk’s default before appearing for the default judgment hearing.
- Service
- Email to all parties
Trial exhibits must be emailed to the court’s staff attorney and opposing party or counsel no later than one week before trial.
Exhibits must be submitted to the court’s staff attorney (ostrowskik@oaklandcountymi.gov) and the opposing party/attorney via email no later than one week before the trial per the scheduling order.
All proposed exhibits must be served on the opposing party together with the underlying motion.
All proposed exhibits must be served on the opposing party with the underlying motion.
- Service
- Email to opposing party
The court may exclude exhibits not emailed to the other party or counsel.
Exhibits not provided to the other party/counsel via email may be excluded from consideration.
- Applies to
- Confidential settlement agreement
- Service
- Email to opposing party
A Confidential Settlement Agreement referenced by a judgment must be emailed to chambers by the proofsubmission deadline, with opposing counsel copied.
If the Judgment references a Confidential Settlement Agreement, the agreement must be submitted to the judge for her review via email at SavinChambers@oaklandcountymi.gov by this deadline, as well. Opposing counsel must be copied on this email.
- Applies to
- Motion
When a party lacks e-filing access, a timely separate proof of service must be filed or the motion may be dismissed for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
- Applies to
- Motion
A party not connected to the e-file system must timely file a separate proof of service to avoid dismissal of the motion for improper service.
If parties are not connected to the e-file system, a separate proof of service must be timely filed, or the motion will be dismissed for improper service.
- Service
- Electronic service
Delivery through the Court's e-filing system constitutes service effective at the document's timestamp.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
- Service
- Electronic service
Unless exempt from mandatory electronic filing, e-service must use the Court's electronic filing and service system, and parties must maintain a functional email address because authorized-user transmission failures are attributed to that user.
unless exempted from mandatory electronic filing, e-service by the parties and the Court is effectuated using the Court’s Electronic-Filing and Electronic-Service system – the parties must ensure functionality of the email address provided to the Court for e-service/delivery etc.; a transmission failure caused by a problem with an authorized user’s telephone line, ISP, hardware or software is attributable to the authorized user regardless of who initiated the transmission.
- Service
Counsel of record must accept email service, and email service is accomplished upon transmission unless the sender knows or learns that the email was not received.
All counsel of record agree to accept service of all filings and other communication via email at the address identified by the State Bar of Michigan or a single email address as otherwise directed. Service is accomplished upon transmission absent knowledge by the sender that the email was not received (e.g., it is returned as undeliverable).
- Deadline
- 14 calendar days
A party filing a complaint, counterclaim, cross-claim, or third-party complaint must serve initial disclosures within 14 days after an opposing party's answer is filed.
A party that files a complaint, counter claim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
- Deadline
- 14 calendar days
A party answering a pleading must serve its initial disclosure by the later of 14 days after the opposing party's disclosure is due or 28 days after filing its answer.
A party answering a complaint, counterclaim, cross-claim, or third party complaint must serve its initial disclosure within the later of 14 days after the opposing party’s disclosure is due or 28 days after the party files its answer.
Initial disclosures must be written, signed, and served, and a proof of service must be filed promptly.
Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
- Applies to
- Written discovery
Unless the court orders otherwise, written discovery must be initiated sufficiently before the discovery cutoff to allow a timely response, and as a practical matter should be initiated at least 28 days before the applicable deadline.
Unless otherwise ordered, a date for completion of discovery means the serving party shall initiate the discovery by a time that provides for a response or appearance, per the court rules, before the completion date. MCR 2.301(B)(4). That is, discovery must be served sufficiently in advance of the discovery cutoff date so as to allow the opposing party sufficient time to respond prior to the discovery cutoff. As a practical matter, a party shall initiate written discovery at least 28 days before the deadline for
- Applies to
- Initial disclosures
A party filing a complaint, counterclaim, cross-claim, or third-party complaint must serve initial disclosures within 14 days after an opposing party answers that pleading.
A party that files a complaint, counter claim, cross-claim, or third-party complaint must serve its initial disclosures within 14 days after any opposing party files an answer to that pleading.
- Applies to
- Initial disclosures
A party answering a pleading must serve initial disclosures by the later of 14 days after the opposing disclosure is due or 28 days after filing its answer.
A party answering a complaint, counterclaim, cross-claim, or third party complaint must serve its initial disclosure within the later of 14 days after the opposing party’s disclosure is due or 28 days after the party files its answer.
- Applies to
- Initial disclosures
A party must serve initial disclosures on a later-appearing party within 14 days of that party’s appearance.
The party must serve later-appearing parties within 14 days of the appearance.
- Applies to
- Initial disclosures
Initial disclosures must be written, signed, and served, with a proof of service promptly filed.
Initial disclosures must be in writing, signed, and served, and a proof of service must be promptly filed.
- Applies to
- Initial disclosures
Initial disclosures must be based on information then reasonably available, and a party is not excused for incomplete investigation, challenging another party’s disclosures, or another party’s failure to disclose.
A party must serve initial disclosures based on the information then reasonably available to the party. A party is not excused from making disclosures because the party has not fully investigated the case or because the party challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.
- Applies to
- All filings and communications
- Service
- Email to all parties
Counsel of record must accept email service at the State Bar of Michigan address or another single address directed by the Court.
All counsel of record agree to accept service of all filings and other communication via email at the address identified by the State Bar of Michigan or a single email address as otherwise directed.
- Service
Email service is complete upon transmission unless the sender knows the email was not received.
Service is accomplished upon transmission absent knowledge by the sender that the email was not received (e.g., it is returned as undeliverable).
- Service
- Electronic service
Materials delivered through the Court's e-filing system are served when the document receives its system timestamp.
Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.
- Service
- Electronic service
Unless exempted from mandatory electronic filing, parties and the Court must use the Court's Electronic-Filing and Electronic-Service system for electronic service.
As a reminder, unless exempted from mandatory electronic filing, e-service by the parties and the Court is effectuated using the Court’s Electronic-Filing and Electronic-Service system
- Service
The parties must ensure that email addresses provided to the Court remain functional for electronic service and delivery.
the parties must ensure functionality of the email address provided to the Court for e-service/delivery etc.;
- Applies to
- Deposition notice
Notice of a deposition must be served on the party’s corporate representative at least 14 days before the deposition.
Notice of a deposition must be served on a party’s corporate representative at least 14 days prior to the scheduled deposition.
- Applies to
- Motion for alternate service
An alternate-service motion must use the approved SCAO form and include a process-server affidavit documenting at least three attempts varied by time and day of week; its proposed order must specify certified mail, posting or affixing, and publication for three consecutive weeks.
Motions for Alternate Service: Must be submitted on approved SCAO form. A process server affidavit indicating the specific attempts at service (minimum of three attempts, varied in time and day of week) is required. Specific requirements of proposed order include: (1) Certified mail (return receipt requested) to the last known address; (2) Posting/affixing to the last known address; and (3) Publication in the Oakland County Legal News for 3 consecutive weeks.
An alternate-service motion requires a process-server affidavit detailing at least three service attempts conducted at varied times and on varied days of the week.
A process server affidavit indicating the specific attempts at service (minimum of three attempts, varied in time and day of week) is required.
- Applies to
- Bench trial hearing brief
The bench trial or hearing brief must be served on opposing parties.
BENCH TRIAL/HEARING BRIEF shall be filed and served on opposing parties.
- Applies to
- Pre conference statement
Counsel or a pro se party must serve the short pre-conference statement on all parties one week before the settlement conference.
COUNSEL AND/OR PRO PER PARTY shall prepare and serve on all parties and email the Judge’s chambers valentinechambers@oakgov.com, ONE WEEK PRIOR TO THE CONFERENCE, a SHORT statement
- Applies to
- Subpoena
A copy of the protective order must accompany every subpoena seeking documents or information from a non-party.
A copy of this protective order shall be served with any subpoena seeking documents or information from a non-party.
- Applies to
- Second summons
A request for alternate service or a second summons must be submitted using an approved SCAO form.
Must be submitted on an approved SCAO form.
- Applies to
- Second summons
A proposed order must be accompanied by a verified motion and brief with supporting authority, proof of the certified address, postal verification, and a process-server affidavit documenting at least three attempts or explaining why an affidavit cannot be provided.
Proposed orders must be accompanied by a verified motion and brief with supporting authority, proof of certified address, postal verification, affidavit of process server (or reason why one cannot be given) showing at least three attempts.
Notice of a media-coverage request must be provided personally, by ordinary mail, by telephone, or by e-filing, with the notice method certified.
I certify that on this date, I provided notice of this request to the parties or their attorneys indicated above personally. by ordinary mail. by telephone. by e-filing.
- Applies to
- Motion for alternate service
- Service
The proposed order for an alternate-service motion may require certified mail, posting or affixing, publication for three consecutive weeks, and/or first-class mail.
Specific requirements of the proposed order may include: (1) Certified mail (return receipt requested) to the last known address; (2) Posting/affixing to the last known address; (3) Publication in the “Oakland County Legal News” for three consecutive weeks; and/or (4) First class mail.
- Service
- Electronic service
All parties and counsel must be attached to the case in MiFILE to receive submitted-document copies.
Please ensure all parties and counsel are attached to their case in the MiFILE system so they can receive copies of submitted documents.
- Service
Mailed arraignment is acceptable when requested by the defendant, with a pretrial occurring soon afterward.
Arraignments by mail are acceptable at the request of the defendant, with a pretrial quickly thereafter.
A party need serve only parties that have appeared, but must serve a later-appearing party within 14 days of that party's appearance.
A party serving disclosures need only serve parties that have appeared. The party must serve later-appearing parties within 14 days of the appearance.
- Applies to
- Deposition notice
A deposition notice must be served on the party’s corporate representative at least 14 days before the deposition.
Notice of a deposition must be served on a party’s corporate representative at least 14 days prior to the scheduled deposition.
- Applies to
- Deposition notice
Within 10 days after receiving a deposition notice, the noticed entity may serve objections or file a protective-order motion, after which the requesting party may proceed on undisputed topics or move to enforce the notice.
No later than 10 days after being served with the notice, the noticed entity may serve objections or file a motion for protective order, upon which the party seeking discovery may either proceed on topics as to which there was no objection or motion, or move to enforce the notice.
- Applies to
- Initial disclosures
A party disclosing information need serve only parties who have appeared.
A party serving disclosures need only serve parties that have appeared.
- Service
- Electronic service
An authorized user is responsible for transmission failures caused by problems with the user's telephone line, internet service, hardware, or software.
a transmission failure caused by a problem with an authorized user’s telephone line, ISP, hardware or software is attributable to the authorized user regardless of who initiated the transmission.
- Service
A copy of a filed emergency motion should be emailed to Judge Dare’s chambers.
A copy of the motion should be emailed to JudgeDareChambers@oaklandcountymi.gov upon the motion being filed.
After a motion is filed, court staff email the notice of hearing to the moving party, who is responsible for arranging service of the motion.
Upon the filing of a motion, court staff will email a completed notice of hearing to the moving party – the moving party is responsible for arranging service of the motion.
- Service
- Electronic service
A filer is automatically added as a service contact when filing a document electronically.
Note: by eFiling a document, you are automatically added as a service contact.
- Service
- Electronic service
Electronic filing automatically adds the filer as a service contact.
By eFiling a document, you are automatically added as a service contact.
- Service
- Electronic service
True copies in e-filing cases are distributed through MiFILE.
For e-filing cases, true copies are distributed through MiFILE.
- Service
- Electronic service
True copies in e-filing cases are distributed through MiFILE.
For e-filing cases, true copies are distributed through MiFILE.
- Applies to
- Scheduling order
- Service
The court will issue settlement-conference scheduling orders without party appearances, and parties should expect receipt by email or electronic service.
The court will issue scheduling orders with status conference dates about 60 days of the settlement conference. Parties do not need to appear at the Settlement Conference. The Court will issue the scheduling order without the parties’ appearance. Parties should expect to receive the scheduling order via E-Mail and/or E- Service.
- Applies to
- Submitted documents
- Service
- Electronic service to all parties
For e-filing cases, the Court sends true copies through MiFILE, parties and counsel should be attached to receive them, and additional copies must be ordered through Court Explorer.
TRUE COPIES: For e-filing cases, true copies are sent by the Court through MiFILE; please ensure all parties and counsel are attached to their case in the MiFILE system so they can receive copies of submitted documents. Any additional copies will need to be ordered through Court Explorer.
- Applies to
- Juvenile order
Juvenile-order copies must be obtained from Juvenile Intake and will not be provided by chambers.
Copies of Juvenile orders will need to be obtained by contacting Juvenile Intake at (248) 858-0033. Chambers will not provide copies of juvenile orders.
What rule applies to service for motion in Sixth Judicial Circuit Court of Michigan, Oakland County?
The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. If the motion hearing date and time are not stipulated, the Zoom hearing must be scheduled seven days in advance and notice must be emailed to the other parties.
What rule applies to service for confidential settlement agreement in Sixth Judicial Circuit Court of Michigan, Oakland County?
The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: the opposing party. A Confidential Settlement Agreement referenced by a judgment must be emailed to chambers by the proofsubmission deadline, with opposing counsel copied.
What rule applies to e-service in Sixth Judicial Circuit Court of Michigan, Oakland County?
The rule addresses service method, recipient, or timing requirements. Details: method: e-service. A MiFILE user must register and be added as a case contact to receive electronic service of court-issued documents.
What rule applies to e-service for the opposing party in Sixth Judicial Circuit Court of Michigan, Oakland County?
Proof of service is required for the covered service rule. Details: method: e-service, recipient: the opposing party, timing: at filing. When electronic service is selected, service occurs at checkout, and MiFILE generates and files a proof of service in the court file.
What rule applies to service for oie order in Sixth Judicial Circuit Court of Michigan, Oakland County?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. The plaintiff must serve the defendant with a copy of the OIE Order together with the summons and complaint.
What rule applies to service for motion for alternate service in Sixth Judicial Circuit Court of Michigan, Oakland County?
Proof of service is required for the covered service rule. Details: method: personal service. A motion for alternate service must include a process-server affidavit describing specific personal-service attempts, with at least three attempts varied in time and day of week.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.