Third Judicial Circuit Court of Michigan Service and Proof of Service Rules

Service

Personal service to agency

In Driver's License Restoration cases, the movant must serve the Secretary of State and the Attorney General.

Movant must serve Secretary of State and Attorney General.

Applies to

Notice of hearing

Service

Other to opposing party

For default judgment motions, after praecipe acceptance serve and file the notice of hearing with date, time, and Zoom information, and file proof of service on the defaulted defendant.

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.

Service

Electronic service

Proof of service of process must be e-filed and appear in the Register of Actions by the status conference date, or the case will be administratively closed for lack of service.

Please take notice that if the proof of service of process has not been e-filed and/or appear in the Register of Actions by the date and time set for the status conference, the case will be administratively closed by the county clerk's office for lack of service.

Service

Electronic service

Counsel must accept email service; 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).

Service

Electronic service

Service via the Court's e-filing system is effective as of the document's time stamp.

Delivery of materials by the Court’s e-filing system also constitutes service effective as of the time stamp on the document.

Service

Email to all parties

All business court counsel accept service of filings and communications by email, with service 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).

Service

Electronic service

Delivery through the court's e-filing system constitutes service, effective as of the document's time stamp.

Delivery of materials by the Court's e-filing system also constitutes service effective as of the time stamp on the document.

Deadline

10 calendar days

Service

Mail

Pro se parties without MiFile email must be served by mail at least 10 days before hearing, with proof of service e-filed at least 7 days prior.

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.

Service

Mail

The withdrawal order must be mailed to the former client within one week of the judge's signature, with proof of service indicating where and when.

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.

Deadline

21 calendar days

Service

Mail

The signed default documents must be mailed to the defaulting party, and proof of service must be submitted within 21 days or the default is ineffective.

The signed and time-stamped copy of the Default, Request, Affidavit, and Entry form must then be mailed to the defaulting party. Proof of service is required to be submitted within 21 days of mailing. Failure to submit proof of service will result in the court considering your default ineffective for violation of MCR 2.603(B).

Service

Mail

Pro se parties without MiFile email must be served default judgment motions by regular and certified mail; proof of service must be e-filed within one week.

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. 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. A Proof of Service must be e-filed indicating the date, method, and place of service of the motion within one week of the defaulting copy being sent the motion.

Service

Mail

All petitions, including driver's license restoration appeals, must be served on the Secretary of State's Driver's Assessment & Appeal Division; service on the Assistant AG'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.

Service

Mail

Pro se parties without MiFile email must be served by regular and certified mail.

Pro se parties without an email address in the MiFile system must be served by regular and certified mail to their last known address.

Service

Personal service

Personal service is required for individuals under MCR 2.105, and certified/mail alone is not proper service on a corporation.

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. Service on Corporations is also governed by MCR 2.105. Sending Certified/Mail alone on a corporation does not constitute proper service.

Applies to

Default

After a default is granted, the defendant must be served with the default and a proof of service must be filed on the ROA before moving 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.

Applies to

Status conference scheduling order

Service

Electronic service to all parties

The Status Conference Scheduling Order is served electronically on counsel of record, and Plaintiff's counsel is responsible for ensuring 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.

Deadline

7 calendar days

Applies to

Motion

Service

Other to opposing party

Every filed motion must be served no later than 7 days before the hearing date pursuant to MCR 2.119(C)(1)(a-b).

Any motion filed shall be served, and the Court prefers that a courtesy 'Judge's Copy' also be delivered to Courtroom 1821, no later than seven (7) days prior to the hearing date pursuant to MCR 2.119(C)(1)(a-b).

Applies to

Motion for alternate service

Service

Other

A motion for alternate service is appropriate only after personal service, certified mail with return receipt restricted delivery, and a postal address verification check have all been attempted/completed.

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.

Service

Other

Service must be accomplished by every method of service ordered by the Court.

SERVICE MUST BE ACCOMPLISHED BY EVERY METHOD OF SERVICE ORDERED.

Deadline

2 calendar days

For virtual hearings, documents and exhibits must be submitted to the Court and served on other parties at least 2 days before the hearing.

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.

Deadline

7 calendar days

Service

Other

The motion for default judgment must be served at least 7 days before the hearing.

Motion for default judgment served 7 days prior to hearing

Applies to

Motion

Service

Other

A proof of service must be timely filed or the motion will be dismissed for improper service.

A proof of service must be timely filed or the motion will be dismissed for improper service.

Applies to

Notice of hearing

Service

Other to opposing party

After filing a praecipe, the moving party must serve the opposing party a notice of hearing and file a proof of service.

Upon receipt of the praecipe, the moving party must serve the opposing party a notice of hearing and file a proof of service indicating the same.

Applies to

Motion

Service

Other

A motion may be dismissed for improper service if a proof of service is not timely filed.

A proof of service must be timely filed or the motion will be dismissed for improper service.

Applies to

Notice of hearing

Service

Other to opposing party

After filing the praecipe, the moving party must serve a notice of hearing on the opposing party and file a proof of service.

Upon receipt of the praecipe, the moving party must serve the opposing party a notice of hearing and file a proof of service indicating the same.

Plaintiff Counsel is responsible for serving the Defendant.

Responsibility for serving Defendant: Plaintiff Counsel

The party serving an order for alternate service must verify the postal address.

Serving party must verify postal address

Service

Other

Discovery must be served sufficiently in advance of the discovery cutoff to allow the opposing party time to respond.

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.

Service

Other to opposing party

Plaintiff's counsel is responsible for serving the defendant.

Responsibility for serving Defendant: _X_Plaintiff counsel

A motion must be filed for alternate service or a second summons.

Judge Kevin J. Cox requires motion(s) be filed for alternate service (and)/or a second summons.

Deadline

3 calendar days

Reply briefs must be served at least 3 days before the hearing.

Replies must be filed and served at least 3 days prior to a hearing.

Service

Other to opposing party

In general civil cases, plaintiff's counsel is responsible for serving the defendant.

Responsibility for serving Defendant: ___Court X Plaintiff counsel

Service

Email to all parties

The Court sends all orders via email unless no email address is on file or otherwise specified.

Further, we send all orders out via email unless there is no email address on file or specified otherwise.

Proofs of service should be filed in accordance with the Michigan Court Rules.

Proofs of service should be filed in accordance with Michigan Court Rules.

Applies to

Scheduling order

Service

Electronic service to all parties

Counsel need not appear at status conferences; scheduling orders are electronically signed and e-served on counsel of record.

STATUS CONFERENCE: Counsel's appearance not required. Scheduling Orders are electronically signed and e-served upon counsel of record.

Service

Electronic service

During virtual hearings, all orders are emailed to litigants and attorneys through Odyssey; no hard copies are provided.

So long as matters are being heard virtually, all orders will be emailed to the litigants and respective attorneys through the Court’s Odyssey program. No hard copies will be provided.