Third Judicial Circuit Court of Michigan Service and Proof of Service Rules
71 rules from official source documents
Rules 1 to 50, page 1 of 2
E-service, mail, personal service, proof of service, certificate, and timing requirements.
CRITICAL
- Applies to
- Order
- Service
The ADR Clerk must serve the order and amount-owing certification by first-class mail and file a certificate of mailing with the court clerk.
The ADR Clerk shall serve the Order and the Certification of the total amount owing on the affected person by first class mail and shall file a certificate of mailing with the Clerk of the Court.
CRITICALCivil cases
- Applies to
- Order for mediation
- Service
- Electronic service to all parties
The Court must electronically serve the Order for Mediation on the parties unless a party has been excused from eFiling.
Unless a party has been excused from eFiling, the Court shall serve the Order for Mediation on the parties electronically.
CRITICAL
The ADR Clerk must promptly send the affected counsel or self-represented party a fee-demand letter by first-class mail or email.
If the ADR Clerk's examination reflects that such fees are still outstanding in a particular case, the ADR Clerk or designee shall promptly send by first class mail or e-mail to the affected counsel, or a party in pro per, (collectively, the person) a letter or e-mail (the letter) setting forth the fees owed by the person and demand for payment within fourteen days of the date of the letter. The letter shall advise that if the outstanding fees are not paid within the fourteen days, proceedings for collection of the same may be instituted before the Chief Judge of the Court.
CRITICAL
- Service
- Personal service
Upon issuance of a judgment, it may be served personally on the affected person or mailed first class by the ADR Clerk, who must file a certificate of mailing with the Clerk of the Court.
e. Upon the issuance of a judgment, the judgment may be served personally on the affected person, or it may be served by first class mail by the ADR Clerk, who, in that instance, shall file a certificate of mailing with the Clerk of the Court.
CRITICAL
If the MTA files the lien, it must give notice of it to the parties to the action.
b. In addition, when a judgment obtained under this rule is secured against an attorney, the MTA may file a lien in a civil action against any attorney fee prospectively payable to the attorney, by filing a notice of lien with the Clerk of the Court and by giving notice of the same to the parties to the action.
CRITICAL
The referral order must be served on the litigants, with copies to Case Processing and the MTA.
The order of referral must be served on the litigants with copies to Case Processing and the MTA.
CRITICALCivil cases
A summary-disposition reply must be served at least four days before the hearing.
The reply must be filed and served at least 4 days before the hearing (MCR 2.116(G)(1)(a)(iii)).
CRITICALCivil cases
Plaintiff’s counsel is responsible for serving the Defendant.
Responsibility for serving Defendant: Plaintiff Counsel
CRITICALCivil cases
The parties must exchange the three lists within three weeks after facilitation.
4. The parties must exchange these three lists within three (3) weeks after facilitation.
CRITICALCivil cases
A party must notify opposing counsel in writing of objections to witnesses, exhibits, or instructions within 14 days of receipt and file the objections with the Court.
5. The parties must notify opposing counsel, in writing, of any objection to any of the witnesses, exhibits or instructions within (14) days of receipt and filed with the Court.
CRITICALCivil cases
The serving party must verify the postal address before seeking alternate service.
Serving party must verify postal address
CRITICALCivil cases
The movant must serve the Secretary of State and Attorney General.
Movant must serve Secretary of State and Attorney General.
CRITICAL
- Applies to
- Scheduling order
- Service
Give the courtroom clerk your email; the scheduling order will be emailed after the hearing and will be the only notice of subsequent dates.
Please give the courtroom clerk your email and the scheduling order will be emailed to you after the hearing. This scheduling order sent via email will be the only notice of subsequent dates.
CRITICAL
- Applies to
- Scheduling order
- Service
Parties and counsel are expected to comply with the scheduling-order dates; the order is emailed to counsel or directly to an unrepresented party.
Parties and counsel are expected to comply with all dates set forth in the scheduling order, which will be served upon counsel via email, or, when a party is unrepresented, to a party’s email directly.
CRITICALCivil cases
- Applies to
- Notice of hearing
After praecipe acceptance, serve and file a hearing notice stating the correct date, time, and Zoom information, and file proof that the defaulted Defendant was served.
After the praecipe has been accepted, please serve and file a notice of hearing reflecting the correct date and time and this Court's zoom information and file proof of service reflecting service of the notice of hearing on the defaulted Defendant.
CRITICALCivil cases
- Applies to
- Notice of hearing
After the praecipe is accepted, serve and file a notice of hearing stating the correct date and whether oral argument will be heard.
After the praecipe has been accepted, please serve and file a notice of hearing reflecting the correct date and whether the motion is to be heard with or without oral argument
CRITICALCivil cases
- Service
Counsel of record accept service of filings and other communications by email, effective upon transmission unless the sender knows 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).
CRITICALCivil cases
- Service
- Electronic service
Materials delivered through the Court’s e-filing system are served effective at the time shown on 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.
CRITICALCivil cases
The parties must exchange witness lists at least 60 days before discovery closes.
Witness lists must be exchanged and filed with the Court at least 60 days prior to the close of discovery.
CRITICALCivil cases
- Service
- Electronic service to all parties
Counsel of record accept email service at the State Bar address or another designated single address; service is effective upon transmission unless the sender knows 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).
CRITICALCivil cases
- Applies to
- Motion to seal
A party seeking to file under seal must serve the motion to seal.
The party seeking to file any paper under seal must file and serve a motion under MCR 8.119(1) that (1) describes each item proposed for sealing; (2) states the reason sealing each item is necessary and identifies the specific interest to be protected; (3) explains why there is no less restrictive means to adequately and effectively protect the specific interest; and (4) includes a memorandum of legal authority supporting the motion.
CRITICAL
Plaintiff’s counsel is responsible for serving the defendant.
___Court _X_Plaintiff counsel
CRITICAL
- Applies to
- Motion for entry of default judgment
- Service
- Mail to opposing party
A pro se party without a MiFile email address must receive a motion for entry of default judgment by regular and certified mail at the last known address.
Pro se parties without an email address in the MiFile system must be served the motion for entry of default judgment by regular and certified mail to their last known address.
CRITICAL
- Service
- Mail to opposing party
Pro se parties without an email address in the MiFile system must be served by mail to their last known address no less than 10 days prior to hearing, and a Proof of Service should be e-filed indicating the date and place of service no less than 7 days.
Pro se parties without an email address in the MiFile system must be served by mail to their last known address no less than 10 days prior to hearing, and a Proof of Service should be e-filed indicating the date and place of service no less than 7 days.
CRITICAL
- Service
Proof of service must be submitted within 21 days after mailing.
Proof of service is required to be submitted within 21 days of mailing.
CRITICAL
- Service
The withdrawal order must be mailed to the former client within one week after the judge signs it, and proof of service must state where and when it was mailed.
This order must be mailed to former client within one week of judge’s signature granting the withdrawal of counsel. Proof of service is required to indicate where it was mailed to and when.
CRITICAL
- Service
- Mail to opposing party
The signed and time-stamped Default, Request, Affidavit, and Entry form must be mailed to the defaulting party.
The signed and time-stamped copy of the Default, Request, Affidavit, and Entry form must then be mailed to the defaulting party.
CRITICAL
All petitions, including driver’s-license-restoration appeals, must be served on the Secretary of State’s Driver’s Assessment & Appeal Division at the stated address; service on the Assistant Attorney General’s office is improper.
All Petitions, including Driver's License Restoration appeals, must be served upon the Secretary of State, Driver's Assessment & Appeal Division, PO Box 30196, Lansing MI 48909-7696. Service upon Assistant Attorney General 's office is not proper service.
CRITICAL
- Applies to
- Motion for entry of default judgment
If the summons and complaint were served by alternate means, the motion for entry of default judgment must be served by the same means.
If service of the Summons and Complaint was made by means of alternate service, all the same means must be used to serve the Motion for Entry of Default Judgment.
CRITICAL
- Service
- Mail to opposing party
Pro se parties without a MiFile email address must be served by regular and certified mail at their last known address.
Pro se parties without an email address in the MiFile system must be served by regular and certified mail to their last known address.
CRITICAL
Appellants and appellees must properly serve all parties or their counsel of record.
Appellant and Appellee are required to properly serve all parties and/or their counsel of record.
CRITICALCivil cases
- Service
Sending certified mail alone does not constitute proper service on a corporation.
Service on Corporations is also governed by MCR 2.105. Sending Certified/Mail alone on a corporation does not constitute proper service.
CRITICALCivil cases
- Service
- Personal service
Individuals must be personally served; service on another named individual shown by a return receipt is not personal service absent an order for alternate service.
Please refer to MCR 2.105 for proper service. Personal service is required for individuals. Return receipts that serve process on other named individuals does not constitute personal service under the court rule, without an Order for Alternate Service.
CRITICALCivil cases
After a default is granted, serve the defendant with the default and file proof of service on the ROA before filing and scheduling a motion for default judgment.
If your Default request is granted, you must serve the Defendant with the Default and file a Proof of Service, that must appear on the ROA before a Motion for Default Judgment can be filed and scheduled.
CRITICAL
- Service
- Electronic service
Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served;
Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served;
CRITICAL
Replies must be served at least three days before the hearing.
Replies must be filed and served at least 3 days prior to a hearing.
CRITICALCivil cases
A motion for alternate service is appropriate only after attempted personal service, attempted certified mail with return receipt and restricted delivery, and a postal address verification check.
A motion for alternate service is only appropriate after all three (3) of the following have been completed: 1) personal service has been attempted, 2) service via certified mail with return receipt, restricted delivery has been attempted, and 3) a postal address verification check with the post office has been completed.
CRITICALCivil cases
Every method of service ordered must be completed.
SERVICE MUST BE ACCOMPLISHED BY EVERY METHOD OF SERVICE ORDERED.
CRITICALCivil cases
The Court will serve the Status Conference Scheduling Order electronically on counsel, and Plaintiff’s counsel must ensure service on the Defendant.
The Court shall issue a Status Conference Scheduling Order which shall be signed, filed, and served electronically upon counsel of record. However, it is the responsibility of Plaintiff’s counsel to ensure service upon the Defendant.
CRITICAL
- Service
- Personal service to opposing party
For an individual defendant, service must be made personally on the defendant or the defendant must sign the return receipt; service on someone else requires an Order for Alternate Service.
Please refer and adhere to MCR 2.105 for proper service. For individuals, the Defendant must be the one to receive personal service or sign the return receipt. Return receipts that serve process on someone other than the Defendant does not constitute proper service under the court rule without an Order for Alternate Service.
CRITICAL
- Service
- Mail to opposing party
Certified mail alone is not proper service on a corporation.
Service on Corporations is also governed by MCR 2.105. Sending Certified/Mail alone on a corporation does not constitute proper service.
CRITICAL
- Applies to
- Default
After approval of a default request, serve the defendant with the default and file a proof of service that appears on the Register of Actions before filing and scheduling a default-judgment motion.
If your Default request is approved, you must serve the Defendant with the Default and file a Proof of Service which must appear on the Register of Actions before a Motion for Default Judgment can be filed and scheduled.
CRITICALCivil cases
Trial briefs must be submitted to opposing counsel no later than seven days before trial unless the Court orders otherwise.
Parties shall submit trial briefs (bound and tabbed) to the Court and to opposing counsel no later than seven (7) days before trial, unless otherwise ordered by the Court.
CRITICALCivil cases
For virtual hearings, documents and exhibits must be served on the other parties at least two days before the hearing unless the Court or a scheduling order sets a different deadline.
For virtual hearings, all documents and exhibits shall be submitted to the Court and served on the other parties at least two (2) days before the hearing, unless a different deadline is set by the Court or by a specific scheduling order.
CRITICALCivil cases
- Applies to
- Complaint
The complaint must have been filed and served for a default judgment motion checklist.
__Complaint filed and served
CRITICALCivil cases
- Applies to
- Response and reply
Responses, including briefs, and replies must be filed and served in accordance with MCR 2.116(G)(1)(a).
Responses (including briefs) and replies must be filed and served in accordance with MCR 2.116(G)(1)(a).
CRITICALCivil cases
- Applies to
- Default judgment motion
The motion for default judgment must be served 7 days before the hearing.
__Motion for default judgment served 7 days prior to hearing
CRITICALCivil cases
- Applies to
- Notice of hearing
Proof of service of the notice of hearing must be filed.
__Proof of service of notice of hearing filed
CRITICALCivil cases
- Applies to
- Notice of default
__Proof of service of notice of default
__Proof of service of notice of default
CRITICALCriminal cases
A Cobbs Evaluation request must be served upon WCPO.
Cobbs Evaluations- Requests for Cobbs Evaluation MUST be submitted to the court in writing and served upon WCPO.
What rule applies to service for order in Third Judicial Circuit Court of Michigan?
Proof of service is required for the covered service rule. Details: method: service by mail. The ADR Clerk must serve the order and amount-owing certification by first-class mail and file a certificate of mailing with the court clerk.
What rule applies to service for order for mediation in Third Judicial Circuit Court of Michigan?
Details: method: e-service, recipient: all parties. The Court must electronically serve the Order for Mediation on the parties unless a party has been excused from eFiling.
What service or proof of service rules apply in Third Judicial Circuit Court of Michigan?
Third Judicial Circuit Court of Michigan: The ADR Clerk must promptly send the affected counsel or self-represented party a fee-demand letter by first-class mail or email.
Judge David J. Allen: The parties must exchange witness lists at least 60 days before discovery closes.
Judge Yvonna C. Abraham: Proof of service is required for the covered service rule. File proof of service timely for a motion; otherwise, the motion will be dismissed for improper service.
16 more rules answer this question.
What rule applies to personal service in Third Judicial Circuit Court of Michigan?
Third Judicial Circuit Court of Michigan: Details: method: personal service. Upon issuance of a judgment, it may be served personally on the affected person or mailed first class by the ADR Clerk, who must file a certificate of mailing with the Clerk of the Court.
Judge Kathleen M. McCarthy: Details: method: personal service. Individuals must be personally served; service on another named individual shown by a return receipt is not personal service absent an order for alternate service.
What rule applies to serving all parties in Third Judicial Circuit Court of Michigan?
Third Judicial Circuit Court of Michigan: Details: recipient: all parties. The referral order must be served on the litigants, with copies to Case Processing and the MTA.
Judge Nicole N. Goodson: Details: recipient: all parties, timing: before hearing. For virtual hearings, documents and exhibits must be served on the other parties at least two days before the hearing unless the Court or a scheduling order sets a different deadline.
Judge John H. Gillis Jr.: Details: recipient: all parties. Appellants and appellees must properly serve all parties or their counsel of record.
2 more rules answer this question.
What rule applies to service for mediation summary in Third Judicial Circuit Court of Michigan?
Details: recipient: the opposing party, timing: 3 business days. A mediator may require that no later than 3 business days before the mediation session, each party submit to the mediator, and serve on the opposing party, a mediation summary that provides the following information, where relevant: (1) the facts and circumstances of the case; (2) the issues in dispute; (3) a description of the marital assets and their estimated value, where such information is appropriate and reasonably ascertainable; (4) the income...
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.