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

CRITICAL

After receiving the praecipe, the moving party must serve the opposing party with a notice of hearing and file proof of that 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.

CRITICAL

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.

CRITICALCivil cases

Plaintiff’s counsel is responsible for serving the defendant unless the defendant has filed an answer.

Plaintiff's counsel (Unless Defendant has filed an Answer to the Complaint.)

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.

CRITICAL

File proof of service timely for a motion; otherwise, 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.

CRITICAL

Applies to

Notice of hearing

After the praecipe is received, the moving party must serve the opposing party with a hearing notice and file 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.

WARNINGCivil cases

Service

Court service to all parties

Delivery through the Court’s e-filing system constitutes service effective at the time shown on the document.

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

WARNINGCivil cases

A party must serve initial disclosures based on reasonably available information and is not excused because of an incomplete investigation or another party's disclosure conduct.

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.

WARNINGCivil cases

Discovery must be served early enough for the opposing party to respond before the discovery cutoff.

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.

WARNINGCivil cases

Discovery must be served early enough for the opposing party to respond before the discovery cutoff.

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.

WARNINGCivil cases

Unless an exception applies, each party must provide the other parties, without waiting for a discovery request, the listed information and materials supporting its claims and defenses.

Except as exempted by the court rules, stipulation, or court order, a party must, without awaiting a discovery request, provide to the other parties: (a) The factual basis of the party's claims and defenses; (b) The legal theories on which the party's claims and defenses are based, including, if necessary for a reasonable understanding of the claim or defense, citations to relevant legal authorities; (c) The name and, if known, address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; (d) A copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; (e) A description by category and location of all documents, electronically stored information, and tangible things that are not in the disclosing party's possession, custody, or control that the disclosing party ma y use to support its claims or defenses, unless the use would be solely for impeachment. The description must include the name and, if known, the address and telephone number of the person who has possession, custody, or control of the material; (f) A computation of each category of damages claimed by the disclosing party, who must also make available for inspection and copying as under MCR 2.310 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; (g) A copy of any insurance, indemnity, or suretyship agreement under which another person may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment; and (h) The anticipated subject areas of expert testimony.

WARNINGCivil cases

The parties must make initial disclosures within 30 days after the Case Management Conference, to the extent the information is known.

Within 30 days of the Case Management Conference, the parties shall make certain initial disclosures, to the extent that such information is known.

WARNING

Applies to

Emergency motion

If the Court finds an emergency motion to be a true emergency, it will set the hearing date and time and a service deadline.

If the Court determines the motion to be a true emergency, a date and time for hearing, as well as a deadline for service of the emergency motion, will be set by the Court.

WARNINGCivil cases

Applies to

Motion

A filed motion must be served; the Court prefers a courtesy copy be delivered to Courtroom 1821 no later than seven days before the hearing.

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).

WARNINGCivil cases

Applies to

Response

A response to a motion must be filed and served, and the Court prefers its courtesy copy be delivered to Courtroom 1821 no later than three days before the hearing.

A Response to a motion shall be filed and served, and the Court prefers that a courtesy ‘Judge’s Copy’ also be delivered to Courtroom 1821, no later than three (3) days prior to the hearing date pursuant to MCR 2.119(C)(2)(a-b).

WARNING

Service

Electronic service

Scheduling orders are electronically signed and electronically served on counsel of record.

Scheduling Orders are electronically signed and e-served upon counsel of record.

WARNINGCivil cases

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.

WARNINGCivil cases

Service

Email to all parties

Scheduling-order dates will be served by email on counsel or directly on an unrepresented party, and parties and counsel are expected to comply with those dates.

Trial dates are generally set at the settlement conference. Parties and counsel are expected to comply with all dates stated in the scheduling order, which will be served by email on counsel, or when a party is unrepresented, directly on that party.

WARNING

Service

Electronic service

Scheduling orders are electronically served on counsel of record.

Scheduling Orders are electronically signed and e-served upon counsel of record.

INFOCivil cases

If the judgment or order refers a matter to the Friend of the Court, notices and recommendations will continue to be provided to attorneys of record for the post-judgment matter.

Attorneys, please be advised that if this Judgment/Order refers a matter to the Friend of the Court, the attorneys of record for the post-judgment matter and all notices/ recommendations will continue to be provided to you.